

In this weekly post, we feature helpful research tools and recent articles of interest to the legislative community.
- Read about the tangled system of electronic health records in America. (Fortune, March 18, 2019)
- Consider the growth of the cottage food industry and how states approach its regulation. (Stateline, March 19, 2019)
- See health rankings for Texas by county. (Robert Wood Johnson Foundation, March 2019)
- Find Texas attorney general opinions back to 1939. (Attorney General of Texas, accessed March 21, 2019)
- "Accenture grilled over IT contract gone awry." By Kimberly Reeves. Austin Business Journal, March 8, 2019, p. A4.
Reports on the delays and ballooning costs associated with the overhaul of the state's child support system. Includes comments by Representative Giovanni Capriglione. - "Infrastructure: Derailment in California." By Mark Niquette. Bloomberg Businessweek, March 4, 2019, pp. 42-43.
Explores the costs and controversy related to the California bullet-train project. Contrasts the California project with the Texas Central Partners' Texas bullet-train project.. - "How UT-Austin's bold plan for reinvention went belly up." By Lindsay Ellis. Chronicle of Higher Education, March 8, 2019, pp. A12-A14, A16, A18.
Examines the University of Texas at Austin's Project 21, an initiative aimed at reimagining the undergraduate experience through a redesign of curricula and increased use of live, online classes. Suggests many problems led to the demise of the project, including a lack of clear direction, bureaucratic issues, and funding. - "Measles: Fever Pitch." Economist, March 9th-15th, 2019, p. 81.
Provides an overview of measles outbreaks in America. Points out almost half of the counties in the United States have a vaccination rate lower than the level needed to prevent an outbreak. - "Texas politics: Twilight in Austin." Economist, March 9th-15th, 2019, pp. 23-24.
Discusses Texas Republicans' change of tone and approach in the 86th Legislature and the move away from divisive social issues that marked the 2017 session. Includes comments by former House Speaker Joe Straus. - "Firearm policies that work." By April M. Zeoli and Daniel W. Webster. JAMA (Journal of the American Medical Association), March 12, 2019, pp. 937-938.
Examines policies that have been implemented with the hope of reducing firearm injury deaths, including prohibiting individuals who have committed violence in the past from possessing a firearm and deregulation of civilian gun-carrying policies. Argues that evidence indicates prohibiting high-risk individuals from possessing firearms is most effective. - "Defund it already." By Alexandra DeSanctis. National Review, March 11, 2019, pp. 35-37.
Reviews previous attempts to defund Planned Parenthood from federal programs. - "What is the Green New Deal?" By Travis Kavulla. National Review, March 11, 2019, p. 14-16.
Describes the body of the Green New Deal as being direct government investment in renewable energy coupled with progressive social policies. Argues instead for a Customer Empowerment Act that allows more choice for electric customers and suggests the marketplace is the best model for uniting customers with clean energy at an economical price. - "The myth of de facto segregation." Phi Delta Kappan, February 2019, pp. 35-38.
Explains how racial segregation exacerbates student achievement gaps by concentrating children with the most serious challenges at the same schools. Argues prevailing patterns of residential segregation arose from specific government policies and not de facto personal decisions. - "Can victims' rights go too far?" By Matthew Harwood. Reason, April 2019, pp. 34-40.
Reviews the background and rise of the Marsy's Law movement and its goal of increasing victims' rights in state laws. Details concerns about the laws' assault on due process and the presumption of innocence. - "Dubious diagnosis." By Charles Piller. Science, March 8, 2019, pp. 1026-1031.
Examines the tenuous diagnosis of "prediabetes" and whether patients diagnosed with the condition benefit from treatment with pharmaceuticals. - "Mental health trails metal detectors in school safety dollars." By Christine Vestal. Stateline (Pew Charitable Trusts), March 13, 2019, pp. 1-5.
Examines the debate over how much state money to invest in school mental health services versus metal detectors and alarm systems. Mentions Governor Greg Abbott's school safety action plan and the Austin Independent School District's mental health centers. - "Farmers, ranchers advocate for eminent domain reform in Austin." By Jennifer Dorsett. Texas Agriculture, March 1, 2019, p. 12.
Highlights Texas farmers' and ranchers' concerns regarding eminent domain. Mentions HB991 and SB421. - "Closing a loophole." By Joey Berlin.Texas Medicine, March 2019, pp. 36-38.
Describes how some hospital systems may be circumventing the intent of SB1148, 85th Legislature, R.S., which puts the decision of whether to require MOC [maintenance of certification] into the hands of the physicians on staff. Calls for bill clarifying the statute. - "Dammed to fail." By Naveena Sadasivam. Texas Observer, March/April 2019, pp. 12-17.
Investigates the failure rate of unregulated dams in Texas. Addresses legislation that removed state oversight of small dams in 2011. Mentions Representative Charlie Geren.
New & Noteworthy: March 2019
Mar 20
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. Governor's Budget, 2020-2021
By Office of the Governor
Presents Governor Greg Abbott's budget priorities for the Fiscal 2020-2021 biennium, which are meant to elevate education, expand economic opportunity, ensure public safety, and provide a resilient infrastructure for the future.
Office of the Governor, 2019. 18 pages.
Online at: https://gov.texas.gov/uploads/files/press/Governors-Budget-FY-2020-2021.pdf
L1800 B859 2020-21G

2. The Handy Texas Answer Book
By James L. Haley
Provides a fun introduction to Texas by covering a "kaleidoscope of facts, figures, people, history, economy, quirks, and foibles." Presents information in an easy to browse Q&A format and covers well-known topics as well as the lesser known, making this an interesting title for all readers. Includes a timeline, extensive index, and bibliography for further reading.
Visible Ink, 2019. 360 pages.
976.4 H137H 2019

3. Medicare Explained
By Kelly J. Rooney, ed.
Explains the Medicare program, highlighting services that health care providers and physicians provide. Details the statutory and regulatory changes made to Medicare in 2018, as well as the process for submitting and appealing Medicare claims.
Commerce Clearing House, 2019. 393 pages.
368.382 C736 2019

4. Separate: The Story of Plessy v. Ferguson, and America's Journey from Slavery to Segregation
By Steve Luxenberg
Provides context and insight into the history of discrimination beyond slavery that lay the groundwork for the 1896 Plessy v. Ferguson Supreme Court decision, which cemented the "separate but equal" concept into legal doctrine. Recounts the story of Homer Plessy, a light-skinned black man whose entrance into a "whites only" railroad coach precipitated the case, as well as the lawyers and judges who worked for and against Plessy's case.
W. W. Norton & Company, 2019. 505 pages.
342.7308 L979S 2019

5. Final Report: December 2018 (Penal Laws)
By Commission to Study and Review Certain Penal Laws
Addresses penal laws outside of the Penal Code that may prevent people from easily understanding whether they are in compliance with Texas state laws. Details the findings and recommendations, including recommendations from the 2016 report that were not addressed in the 85th Legislature.
Commission to Study and Review Certain Penal Laws, 2018. 84 pages.
Online at: https://lrl.texas.gov/scanned/SIRSI/Report_HB351_85R.pdf
C995.8 F49 2018

6. Making the Bible Belt: Texas Prohibitionists and the Politicization of Southern Religion
By Joseph L. Locke
Traces how clerics and Christian activists brought together southern religion and electoral politics and constructed what we now call the Bible Belt. Begins with the end of Reconstruction in the 1870s to the start of Prohibition in 1919, arguing that Texas religious leaders played key roles in the adaptation of the clericalism that has become a central facet of today's political scene.
Oxford University Press, 2017. 207 pages.
277.64082 L793M 2017

7. Water for Texas, 2017 State Water Plan
By Texas Water Development Board
Provides a roadmap for how to address the water needs that accompany Texas' rapid population growth by identifying water management strategies and their associated costs for communities across the state. Note: the electronic copy includes the 2017 State Water Plan Amendments.
Texas Water Development Board, 2017. 150 pages.
Online at: https://www.twdb.texas.gov/waterplanning/swp/2017/
W605.8 W291P 2017
In this weekly post, we feature helpful research tools and recent articles of interest to the legislative community.
- Read about the CDC's new study on e-scooter injuries. (CNBC, March 8, 2019)
- See which states have laws that address medical balance billing. (National Conference of State Legislatures, March 2019)
- Track Medicaid eligibility with a federal database for states offered by Centers for Medicare and Medicaid. (Council of State Governments, March 12, 2019)
- Consider differences between Medicare Fee-for-Service and Medicare Advantage. (The Manhattan Institute, February 28, 2019)
- "K-12 school funding up in most 2018 teacher-protest states, but still well below decade ago." By Michael Leachman and Eric Figueroa. Center on Budget and Policy Priorities, March 6, 2019, pp. 1-14.
Analyzes trends in state K-12 school finance and per pupil spending since the 2008 recession, including the effect of recent teacher protests in Arizona, North Carolina, Oklahoma, and West Virginia on school funding levels. Mentions Texas state formula funding per student is now 20 percent under 2008 levels, adjusted for inflation. - "State-level data for understanding child welfare in the United States: Child maltreatment, foster care, adoption from foster care, kinship caregiving: Texas state profiles." Child Trends, February 26, 2019, pp. 1-8.
Presents state and national data, including Texas state profiles, on child maltreatment, foster care, kinship caregiving, and adoption, for fiscal year 2017. - "Praying for sanity." By Rob Boston. Church & State, March 2019, pp. 11-12.
Addresses common myths about the role of prayer, Bible reading, and religion in public schools. - "Texas leaves $4B on the table every year because of this policy, study finds." By Evan Hoopfer. Dallas Business Journal, February 22, 2019, p. 23.
Highlights study produced for the Texas Association of Manufacturers that finds the state's aerospace and defense sectors could benefit economically if the Texas franchise tax is aligned with federal requirements in the Federal Acquisition Regulation. - "Medicine: A higher purpose." Economist, March 2nd-8th, 2019, pp. 47-48.
Examines the rising interest in the re-purposing of off-patent drugs. Considers whether the benefits outweigh high costs and regulatory obstacles. - "Social media and law enforcement — watching: The detectives." Economist, February 23rd-March 1st, 2019, pp. 28-29.
Examines how the police track what people say and do online. Raises privacy concerns. - "Rethinking the structure of teacher retirement benefits: Analyzing the preferences of entering teachers." By Josh B McGee and Marcus A. Winters. Educational Evaluation and Policy Analysis, March 2019, pp. 63-78.
Explores the differences between two types of defined benefit retirement plans for teachers. Presents evidence that teachers in New York City and Philadelphia prefer the cash balance plan [CB], an alternative model to the final average salary [FAS] plan, which most public school teachers participate in today. - "Jungle warfare – Amazon HQ2 disclosure fights and battle over tax transparency." Journal of MultiState Taxation and Incentives, March/April 2019, pp. 36-39.
Discusses the legal battles and transparency concerns about the state and local tax [SALT] incentive packages offered to Amazon for its second headquarters. Notes the Amazon HQ2 lottery has led to increased attention on corporate financial and tax incentives generally. Uses Kentucky as a recent example of tax transparency conflicts. - "The jail health-care crisis." By Steve Coll. New Yorker, March 4, 2019, pp. 28-37.
Considers the state of medical care for jail inmates and the increased use of for-profit companies to provide these services. Highlight's Texas' Sandra Bland Act as an example of reform in the care of the incarcerated. - "Side effects in education: Winners and losers in school voucher programs." By Yong Zhao. Phi Delta Kappan, February 2019, pp. 63-66.
Reviews studies analyzing the benefits of school choice initiatives. - "The wall won't end pot smuggling at the border. Legalization will." By David Bier. Reason, April 2019, pp. 22-29.
Argues smuggling of marijuana across the Mexican border has decreased due to legalization in the United States. Suggests the same principle should be applied to the illegal immigration problem.



In this weekly post, we feature helpful research tools and recent articles of interest to the legislative community.
- Consider the costs states bear in the wake of natural disasters. (National Conference of State Legislatures, February 25, 2019)
- Explore the demographics of the United States Congress. (Brookings, March 4, 2019)
- Find out who buys and sells your personal data. (Fast Company, March 2, 2019)
- Track pedestrian traffic fatalities by state. (Governors Highway Safety Association, February 2019)
- "A new 'caravan' enters Mexico, a different welcome awaits." By Louisa Reynolds. Christian Science Monitor, February 11, 2019, p. 10.
Profiles Mexico's new immigration policy allowing Central Americans to request a renewable one-year humanitarian visa. Explains the visa allows free movement and formal employment, and estimates 40 percent of those traveling with previous caravans requested asylum in Mexico. - "The new 'in loco parentis'." By Vimal Patel. Chronicle of Higher Education, February 22, 2019, pp. B35-B36, B38-B39.
Considers the changing philosophy of in loco parentis, the idea that colleges should act "in the place of the parent," in their responsibility for students. Provides a sidebar highlighting court cases that have led to changing views. - "The rise of the mega-university." By Lee Gardner. Chronicle of Higher Education, February 22, 2019, pp. B28-B30, B32.
Explores the role of large nonprofit, online institutions, such as Western Governors University, and explains how they are influencing higher education. - "Beer-to-go could get go-ahead." By Kimberly Reeves. Dallas Business Journal, February 22, 2019, p. 2.
Comments on SB312 and HB672, 86th Legislature, legislation that would permit craft breweries to sell beer-to-go at their manufacturing facilities. Includes comments by Senator Dawn Buckingham and Representative Eddie Rodriguez. - "State environmental regulator goes to bat for faster emissions permitting." By Kimberly Reeves. Dallas Business Journal, March 1, 2019, p. 2.
Reports the Texas Commission on Environmental Quality commissioner is seeking to close a funding gap in the state's expedited process for air permits, urging legislators to double the state's funding to $2.14 million. - "Opioids: The death curve." Economist, February 23rd-March 1st, 2019, pp. 21-23.
Reviews the origins of the opioid crisis, charts the overdose rate since 1980, and comments on the slow and inadequate federal response to the crisis. Estimates the epidemic will continue for five to ten years, killing 50,000 people each year. - "Resisting the allure of gross receipts taxes: An assessment of their costs and consequences." By Garrett Watson. Fiscal Fact (Tax Foundation), February 2019, pp. 1-18.
Discusses the history, increasing popularity, and economic impact of gross receipts taxes on businesses. Describes the complexity of Texas' margin tax. - "Health care spending slowed after Rhode Island applied affordability standards to commercial insurers." By Aaron Baum, et al. Health Affairs, February 2019, pp. 237-245.
Offers Rhode Island as a case study of a state that has successfully slowed total commercial health care spending growth, while maintaining quality, through setting price controls on contracts between commercial insurers and hospitals and clinics. - "What businesses will lobby for at the Texas Capitol in 2019." Houston Business Journal, January 31, 2019, pp. 18-19.
Examines key issues that business leaders will seek to address during the legislative session. Highlights Houston area and state-wide legislation that covers property tax reform, business incentive programs, and the minimum wage. - "How to survive a death crisis." By Maia Szalavitz. Nation, March 11/18, 2019, pp. 16-21.
Discusses a "harm reduction" approach to the opioid crisis and notes overdose is now the leading cause of death for adults under 50 in the United States. - "Public pension plan investment return assumptions (2019)." National Association of State Retirement Administrators, Updated February 2019, pp. 1-8.
Describes how investment return assumptions are established and evaluated in public pension funds, compared with public funds' actual investment experience. Includes Texas County & District, Texas ERS, Texas LECOS, Texas Municipal, and Texas Teachers in the appendix. Related information at: https://www.nasra.org/latestreturnassumptions. - "A 2-week weather forecast may be as good as it gets." By Paul Voosen. Science, February 22, 2019, p. 801.
Explains why there are limits to global weather prediction models that prevent accurate forecasts from looking farther ahead than two weeks. - "The weather amplifier." By Michael E. Mann. Scientific American, March 2019, pp. 42-49.
Considers how unusual patterns in the jet stream affect weather events in the United States. - "Farmers hope for hemp riches despite risks." By April Simpson. Stateline (Pew Charitable Trusts), February 27, 2019, pp. 1-9.
Highlights Kentucky's highly regulated approach in developing the state's industrialized hemp sector. Notes Texas is among states that have not enacted legislation to establish industrial hemp cultivation. - "Bills seek more transparency, fairness in eminent domain cases." By Julie Tomascik. Texas Agriculture, February 1, 2019, p. 16.
Highlights SB421 and HB991, 86th Legislature, bills that could change how private entities with eminent domain authority must negotiate with landowners to acquire property before turning to condemnation. - "The future of the death penalty: The seeds of time." By John Charles Boger. Texas Tech Law Review, Fall 2018, pp. 75-94.
Considers recent treatment of the death penalty by members of the current United States Supreme Court.

- View a thread map showing the birthplaces of all of the governors born in Texas—interestingly, only two out of twenty-one were born in the same town. (Rusk gave us both Gov. James Stephen Hogg, the first governor to be born in Texas, and Gov. Thomas Mitchell Campbell.)
- Consider the higher education institutes that helped prepare twenty-eight governors for leadership. (There are a lot more commonalities here than we saw in birthplaces!)
- Enjoy photos and other memorabilia from inauguration festivities, 1939 to 2019.
In this weekly post, we feature helpful research tools and recent articles of interest to the legislative community.
- Consider how the state's oil and gas industry affects transportation infrastructure. (Texas A&M Transportation Institute, February 6, 2019)
- Read about federal mail and wire fraud statutes. (Congressional Research Service, February 11, 2019)
- Find where to dispose of prescription drugs. (Google, February 21, 2019)
- See which Texas counties are included in the recent federal disaster declaration related to last year's flooding and storms. (The White House, February 25, 2019)
- "Better state budget, policy decisions can improve health." By Jennifer Sullivan. Center on Budget and Policy Priorities, February 21, 2019, pp. 1-23.
Discusses how states can invest in programs to affect the "social determinants of health" – health programs, education, the environment, transit, and infrastructure – apart from health care policy. Outlines the role of race/ethnicity and income in health outcomes. - "One border crisis averted?" By Henry Gass. Christian Science Monitor, February 11, 2019, pp. 16-17.
Highlights the proactive approach El Paso Water's Edmund Archuleta has taken to improve water conservation. Discusses the successful program he implemented with his counterpart in Juárez to share data and information to conserve the Hueco Bolson aquifer. - "Buoyed by strong economies, most states spend more on higher ed." By Eric Kelderman. Chronicle of Higher Education, February 8, 2019, p. A25.
Reports state spending on higher education grew almost four percent in fiscal year 2018-19 according to the "Grapevine" survey compiled by the Center for the Study of Education Policy at Illinois State University and the State Higher Education Executive Officers. - "What's the future of transportation funding?" By Paul K. Harral. Fort Worth Business Press, February 18-24, 2019, pp. 36-38.
Summarizes panel discussion on transportation funding from the Northeast Tarrant Transportation Summit from February 8, 2019. - "Access to e-prescriptions and related technologies before and after Hurricanes Harvey, Irma, and Maria." By Jaime Y. Smith and Max M. Sow. Health Affairs, February 2019, pp. 205-211.
Finds that while e-prescribing and medication history transactions decreased considerably during the major 2017 hurricanes, transaction volumes returned to normal levels in the days immediately following Hurricanes Harvey and Irma. Notes that e-prescribing in Puerto Rico took much longer to return to baseline levels, demonstrating the importance of infrastructure to maintain accessibility of electronic health records [EHRs] in a disaster. - "Hospital prices grew substantially faster than physician prices for hospital-based care in 2007-14." By Zack Cooper, et al. Health Affairs, February 2019, pp. 184-189.
Reports that for inpatient care, hospital prices grew 42 percent from 2007-2014, while physician prices grew 18 percent; for hospital-based outpatient care, hospital prices grew 25 percent, while physician prices grew 6 percent. Suggests several approaches policymakers could take to address hospital price growth. - "Should physicians recommend replacing opioids with cannabis?" By Keith Humphreys and Richard Saltz. JAMA (Journal of the American Medical Association), February 19, 2019, pp. 639-640.
Considers the efficacy of cannabis for chronic pain and for opioid use disorder and the risks of cannabis use. Argues that if cannabis is to become recommended medicine, it should be held to medical standards. - "Opportunity Zone investments: The new emerald city of tax law." By Steven Berman and Louis Weller. Journal of MultiState Taxation and Incentives, February 2019, pp. 6-21.
Describes Opportunity Zones, the federal economic development program included in the 2017 Tax Cuts and Job Act, to encourage investment and economic growth in economically distressed or disadvantaged communities. - "The connected city: A platform for city planners, citizens, and utilities." By Richelle Elberg and Eric Woods. Public Utilities Fortnightly, February 11, 2019, pp. 31-33.
Describes different applications in the planning or deployment of 4G/5G networks within communities. - "Crank up the A/C, crank up the cost: States consider 'surge pricing' for power." By Rebecca Beitsch. Stateline (Pew Charitable Trusts), February 19, 2019, pp. 1-5.
Reports several states are experimenting with time-of-use pricing, increasing electricity rates during peak hours. Notes critics' concerns about how surge pricing will impact senior citizens and low-income people enrolled in electric bill assistance programs. - "Changing tunes?" By Dax Gonzalez. Texas Lone Star (Texas Association of School Boards), January/February 2019, pp. 8-11.
Examines why the 86th legislative session is expected to be different from the 85th session and how education legislation could be affected. Addresses property taxes, vouchers, special education services, school security, and Hurricane Harvey. - "Bypassing the middle man." By Joey Berlin. Texas Medicine, February 2019, pp. 28-31.
Considers the arguments for and against allowing physicians to dispense medication in their offices. Points out that Texas is one of four states that, for the most part, bans physicians from dispensing medications. Cites SB546, 82nd Legislature, R.S., as past effort to allow physicians to dispense medication.



Thursday, February 21 marked the 45th day of the 86th Regular Session. That means we're 3/4 of the way to the 60-day bill filing deadline, which is Friday, March 8, 2019. For those who are curious, here is a look at bill statistics in comparison to a similar period last session.
Bills and Joint Resolutions
|
85th Regular Session
(Nov. 14, 2016-Feb. 23, 2017)
|
86th Regular Session
(Nov. 12, 2018-Feb. 21, 2019)
|
House filed | 2,396 | 2,277 |
Senate filed | 1,094 | 973 |
Total filed | 3,490 | 3,250 |
House referred to committee | 1,024 | 818 |
Senate referred to committee | 814 | 612 |
Total referred to committee | 1,838 | 1,430 |
House scheduled for hearing | 3 | 15 |
Senate scheduled for hearing | 32 | 5 |
Total scheduled for hearing | 35 | 20 |
House reported out of committee | 2 | 0 |
Senate reported out of committee | 23 | 4 |
Total reported out of committee | 25 | 4 |