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Interim Hearings - Week of October 9, 2017

Interim Hearings - Week of October 9

Today's Committee Meetings on the LRL website is a calendar of interim committee hearings with links to agendas. Below are resources related to upcoming Interim Hearings.

 

October 10

Joint Interim Committee to Study a Coastal Barrier System  (Galveston)

Topic: Desirability and feasibility of constructing a coastal barrier system

 

October 12

House Committee on Public Education   

Charge: Determine, to the extent possible, the scope of financial losses, including facilities, that resulted from Hurricane Harvey. Recommend possible state actions, such as changes to student counts or property valuation, to mitigate any negative impact on districts and ensure governance structures and parameters allow for effective responses.

Constitutional Amendment Election, November 2017

On November 7, 2017, voters will have a chance to consider seven constitutional amendments proposed by the 85th Legislature. The proposed amendments cover a wide range of topics, including property taxes, raffles, home equity loan provisions, and more.

 

For background and analysis of the ballot propositions, see the House Research Organization's Constitutional Amendments Proposed for November 2017 Ballot, and the Texas Legislative Council's Analyses of Proposed Constitutional Amendments.

 

The Texas Constitution is one of the longest in the nation, at an estimated 86,936 words (The Book of the States, vol. 49). The Constitution is changed through amendments, which are proposed by the Texas Legislature and accepted or rejected by the voters. Since the current Texas Constitution was adopted in 1876, 491 amendments have been passed.  

 

Amendments Proposed for the November 7, 2017 ballot by the 85th Legislature

HJR 21 Prop. 1 The constitutional amendment authorizing the legislature to provide for an exemption from ad valorem taxation of part of the market value of the residence homestead of a partially disabled veteran or the surviving spouse of a partially disabled veteran if the residence homestead was donated to the disabled veteran by a charitable organization for less than the market value of the residence homestead and harmonizing certain related provisions of the Texas Constitution.  
SJR 60 Prop. 2 The constitutional amendment to establish a lower amount for expenses that can be charged to a borrower and removing certain financing expense limitations for a home equity loan, establishing certain authorized lenders to make a home equity loan, changing certain options for the refinancing of home equity loans, changing the threshold for an advance of a home equity line of credit, and allowing home equity loans on agricultural homesteads.  
SJR 34 Prop. 3 The constitutional amendment limiting the service of certain officeholders appointed by the governor and confirmed by the senate after the expiration of the person’s term of office.  
SJR 6 Prop. 4 The constitutional amendment authorizing the legislature to require a court to provide notice to the attorney general of a challenge to the constitutionality of a state statute and authorizing the legislature to prescribe a waiting period before the court may enter a judgment holding the statute unconstitutional.  
HJR 100 Prop. 5 The constitutional amendment on professional sports team charitable foundations conducting charitable raffles.  
SJR 1 Prop. 6 The constitutional amendment authorizing the legislature to provide for an exemption from ad valorem taxation of all or part of the market value of the residence homestead of the surviving spouse of a first responder who is killed or fatally injured in the line of duty.  
HJR 37 Prop. 7 The constitutional amendment relating to legislative authority to permit credit unions and other financial institutions to award prizes by lot to promote savings.  

Week in Review, September 28

In this weekly post, we feature online articles and policy reports published recently, and other helpful research tools.

  • Read about an experimental way to treat addiction. (National Geographic, September 2017)
  • Review long-term energy consumption projections. (U.S. Energy Information Administration, September 14, 2017)
  • Analyze how Americans get their science news. (Pew Research Center, September 20, 2017)
  • See which cities have the best public transportation systems. (24/7 Wall St., September 20, 2017)

 

Who Is…Vernon?

Every now and then, LRL patrons will ask, "who is Vernon and why is his name on the Texas statutes?" To which we say, "good question!" People often conduct legislative history research with a tight deadline that doesn't leave much time for musing over the origins of the sources, but it can be instructive to learn about who has worked to compile Texas' laws over the years. In our occasional "Who Is…" series, we'll take a look at some of the important resources for studying Texas legislative history and the publishers, lawyers, and legal scholars behind them.

 

Many of the people we've come to associate with Texas law book publications were Texans or resided in Texas at some point. Despite having his name on the statutes we use today, Joseph W. Vernon is not one of them. Born in Wisconsin in 1860, Vernon graduated from the University of Wisconsin in 1885 and moved to Kansas City, Missouri in 1886. In September 1902, Vernon organized the Vernon Law Book Company.[1]

 

Texas' first set of annotated statutes were published by John and Henry Sayles in 1888. (More on the Sayles in a future post.) Before their 1911 revision, the copyright was bought by Vernon, and in 1914, an edition called Vernon's Sayles was produced. The Sayles name was dropped with the 1925 edition, which was the last official edition of the Texas statutes.[2] Vernon was noted as an active member of the Kansas City community before he died in 1928 at the age of 68.[3]

 

Vernon Law Book Company published an unannotated Centennial Edition in 1936, and another unannotated compilation in 1948.[4] In 1969, West Publishing took over the company and its operations, and Vernon's compilations were certified by the Texas Secretary of State.[5] Despite changes in publisher (which is now Thomson Reuters), the statutes volumes are still familiarly known as Vernon's, or as the Black Statutes (so called because of their black binding).

 

Vernon's Texas Statutes and Codes Annotated are a critical first stop when conducting legislative history research. Annotations provide background on revisions to sections of code, references to law reviews, attorney general opinions, and more.

 

In the course of legal research, you may also come across the "Red Statutes," unannotated biennial supplements which were published from 1948 through 1974, with a supplement for each legislature; and their successors, the  "Green Statutes," also unannotated statutes that were produced in two forms: hardback and paperbacks filed in a binder. 

 

You can see the current statute publication dates for each bound volume of Vernon's Statutes here. In 1963, the Texas Legislature passed legislation requiring the Texas Legislative Council to make a complete, non-substantive revision of Texas statutes. When the program is complete, all general and permanent statutes will be included in one of 27 codes. Look on our statutory revision page to see a list of these codes, along with links to statutory revision documents.

 
Texas does not currently have an official print code (as in, officially designated by the state or with a copyright held by the state), but Vernon's Texas Statutes and Codes Annotated are essentially held as the "quasi-official" statutes.[6] The General and Special Laws of Texas, also known as the "session laws," are the official source and should be used for citation purposes. Vernon's may not have Texas origins, but its volumes are indispensable resources in the study of Texas legislative history.
 


[1] Lydia M.V. Brandt, Texas Legal Research: An Essential Lawyering Skill, Dallas, TX: Texas Lawyer Press, 1995, p. 348.

[2] "Legislation," rev. by Linda Gardner, A Reference Guide to Texas Law and Legal History, edited by Karl T. Gruben and James E. Hambleton, Austin, TX: Butterworth Legal Publishers, 1987, pp. 17-18.

[3] Brandt, p. 348.

[4] Gardner, p. 18.

[5] Paris Permenter and Susan Fischer Ratliff, Guide to Texas Legislative History, Austin, TX: Legislative Reference Library, 1986, p. 11.

[6] Gardner, p. 18.

 

Photograph of Joseph Whiteford Vernon courtesy of findagrave.com. Drawing of Vernon can be found in Kansas City in Caricature, digitized by HathiTrust. Cover image of the 1948 Vernon's Texas Statutes courtesy of the Texas State Law Library's Historical Texas Statutes digital collection.

 

Interim Hearings - Week of October 2, 2017

Interim Hearings - Week of October 2

Today's Committee Meetings on the LRL website is a calendar of interim committee hearings with links to agendas. Below are resources related to upcoming Interim Hearings.

 

October 2

House Committee on Appropriations (Houston)

Charge: Examine the use of federal funds by state agencies responding to the effects of Hurricane Harvey and identify opportunities to maximize the use of federal funds to reduce the impact of future natural disasters. Also identify the need for state resources to respond to Hurricane Harvey relief and recovery efforts, as well as opportunities for state investment in infrastructure projects that will reduce the impact of future natural disasters.

October 2

House Committee on Urban Affairs (Houston)

Topic: Short- and long-term housing needs and related issues resulting from Hurricane Harvey and associated flooding

 

October 4

House Committee on Natural Resources (Houston)

Charge: Examine the following issues within the committee's jurisdiction regarding Harvey and flooding in general: the role of regional entities in developing projects to control flooding, both through new infrastructure and enhancing existing infrastructure; mitigation efforts that would reduce the impact of future flood events, and strategies to fund those efforts; and the response of public entities that own or operate dams to large-scale rain events, including how such entities make decisions regarding dam and reservoir operations during such events, coordinate with state and local emergency management officials, and communicate with the public.

Week in Review, September 21

In this weekly post, we feature online articles and policy reports published recently, and other helpful research tools.

  • Review how some states are tackling public transit challenges. (Council of State Governments, July/August 2017)
  • Read about earthquake warning systems. (Wired, September 20, 2017)
  • Consider strategies for addressing childhood obesity. (Centers for Disease Control and Prevention, September 5, 2017)
  • View striking, recent pictures of wildlife. (The Atlantic, September 14, 2017)

New & Noteworthy List for September 2017

The Library is continually adding new books to its collection. Below are the six titles from our September 2017 New & Noteworthy list.

Check out and delivery of New & Noteworthy titles is available to legislative staff in Capitol and District offices. To arrange check out and delivery of any of these items, you can submit an online request through the New & Noteworthy page on our website, contact the library at 512-463-1252, or use our PDF request form.

 

1. Exonerated: A History of the Innocence Movement
By Robert J. Norris
Focuses on the exoneration of innocent individuals who have been wrongfully convicted. Defines what the "innocence movement" is and offers a descriptive, chronological narrative that considers how and why this movement developed. Highlights some of the people, organizations, decisions, and events involved. Questions and examines innocence as a social movement. Concludes by discussing critiques from both within and outside of the movement.
New York University Press, 2017. 289 pages.
345.73 N797E 2017


 

 

2. Doughnut Economics: Seven Ways to Think Like a 21st Century Economist
By Kate Raworth
Argues a different way of thinking is needed to address the current economic landscape and its many social and ecological challenges. Proposes a new economic model, which is presented visually in the shape of a doughnut, that challenges the concept that growth is the fundamental ideal in any economy. Outlines seven key ideas to reframe what the economy is and how it works and allows humankind to prosper.
Chelsea Green Publishing, 2017. 309 pages.
330 R199D 2017


 

 

3. Violated: Exposing Rape at Baylor University Amid College Football's Sexual Assault Crisis
By Paula Lavigne and Mark Schlabach
Provides a narrative of the sexual crimes committed against women by Baylor University football players over the past decade. Argues the Baylor allegations stand out because as the world's largest Baptist university, it was assumed such violence couldn’t occur there. Traces the escalation in violence to the increase in prominence of the football team and the failure of university officials to help the victims and discipline the assailants. Discusses lawsuits that led to the firing of the university president, the athletic director, and the football coach and to at least one football player being sent to prison.
Center Street, 2017. 355 pages.
371.782 L392V 2017


 

 

4. The Three Languages of Politics
By Arnold Kling
Examines the three tribal coalitions of political discussions - progressive, conservative, and libertarian - with a goal of moving towards healthier political discussions. Promotes less polarization and more mutual respect and reasoned deliberations. Provides explanations, examples, and tests of the author's "three-axes" model and a bibliography for further reading.
Cato Institute, 2017. 131 pages.
320.014 K686T 2017


 

 

5. Debating Religious Liberty and Discrimination
By John Corvino, Ryan T. Anderson, and Sherif Girgis
Presents arguments on religious liberty, tolerance, and discrimination in a point-counterpoint format. Examines the historical, philosophical, and legal dimensions of religious liberty. Addresses many difficult questions that have arisen in response to the legalization of same-sex marriages. Provides a model for debate that allows for the articulation of strong differences in a civil and respectful manner.
Oxford University Press, 2017. 343 pages.
323.44 C819D 2017


 

 

6. Framing the Solid South: The State Constitutional Conventions of Secession, Reconstruction, and Redemption, 1860-1902
By Paul E. Herron
Explains how a series of constitutional conventions framed the southern states' political identity and served to unify the region. Notes southern delegates gathered forty-four times from 1860 to 1902, a rate more than four times that in the rest of the nation during the same period. Offers insights from a close reading of state constitutional convention debates to illustrate the southern states' distinctive constitutional and political development.
University Press of Kansas, 2017. 360 pages.
342.75502 H436F 2017

Freshmen in the Texas Legislature

Every few years, we update our comparison across Legislatures of the percent of freshmen at the beginning of each regular session. Here's our first post from 2012 on the topic (which explains some of the reasons for unusually high numbers), and here is the 2014 update.

 

Below you can see the graph with the addition of the 84th and 85th Legislatures. Please note that we defined freshmen as new legislators sworn in during the first day or week of the regular session. Members who first served during a called session of a legislature are counted as freshmen members of that legislature. Excluded are members who were elected to a legislature but never sworn in due to death, resignation, or other factors.

 

You can see these and other figures on our member statistics page. Exact percentage of freshmen each session can be found here.

 

 

Percentage of freshmen in the Texas Legislature

Week in Review, September 14

In this weekly post, we feature online articles and policy reports published recently, and other helpful research tools.

  • Examine the tax burden of American workers. (Bloomberg, September 12, 2017)
  • Explore a police crime database. (Henry A. Wallace Police Crime Database, ©2017)
  • Consider how Americans consume information. (Pew Research Center, September 11, 2017)
  • Map flood-prone areas in your county and across the country. (U.S. Energy Information Administration, accessed September 14, 2017)

Sunset Commission Report, 2016-2017

The Sunset Commission’s last report of the 2016-2017 cycle, Final Results of Sunset Reviews, is now available on the Sunset Advisory Commission's website

 

A diagram of how the Sunset process works is available via the Sunset Advisory Commission's websiteClick here to see a list of the agencies under review for the 2018-2019 cycle. 

 

 

Cover image by Flickr user Nathan Eaton Jr.

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