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Contact: JoAnn Fleming, Chair, (903) 360-2858 Legislative Priorities for the 83rd Legislative Session and Beyond (Updated 2.10.13)
law at all times; to reduce regulation; and to set much higher standards in state government ethics and transparency. The TPCAC supports the Governors State Budget Compact. The Compact is not a set of complicated, newly discovered ideas, but is instead sensible guidelines based on longrecognized conservative principles. The TPCAC believes Texans would have greatly benefited from the Compact if these principles had been followed over the last several legislative sessions. Our legislative priorities for the 83rd Texas Legislative Session and beyond are reasonable liberty-based goals, supported by the five State Budget Compact principles:
The TPCAC strongly supports a core function-focused, principled approach to budgeting. The Texas Legislature, the Governor, Lt. Governor, and House Speaker should actively work to balance the states budget without employing the past practices of accounting gimmicks, deferrals, and various types of budget trickery.
We believe:
the budget should be balanced with available revenues; state government should be reduced to its core constitutional functions* by eliminating any departments, agencies, commissions, programs, or funds that fall outside those core functions, and in turn, resulting savings should be redirected to core constitutional functions where more funding is justified.
*The core constitutional functions of Texas state government are public education; transportation; the justice system of criminal and civil courts, law enforcement, and corrections (state prisons); management of natural resources; state emergency services; and the administration of HHS-Medicaid services.
[Sources: Dont Chase Federal Funds, Arduin, Laffer & Moore Econometrics, Texas Public Policy Foundations Budget Solutions, No. 3 March 2011 and The Legislative Budget Boards Biennium Fiscal Size-Up reports.]
2008 2009 Biennium: federal funds were $55.1 billion or 32% of state budget revenue 2010 2011 Biennium: federal funds were $72.6 billion or 38.7% of state budget revenue 20122013 Biennium: federal funds were $54.7 billion or 31.5% of state budget revenue
twice the rate of population and inflation since 1990. Our state's practice of maximizing the pull down of federal dollars helped fuel the increased spending. Now that Texas is no longer a "donor state" (Texans paying in more federal taxes than the state receives back), the excuses for chasing federal dollars fall flat. In the past eight years, Texas got more out of the federal Treasury than Texans paid in. [Source: Texas
Can No Longer Complain That It Gives More Than It Gets from Federal Government, Dallas Morning News, 08/05/2012]
Basic economic principles have historically established there is a strong negative relationship between government spending and economic growth. Reliance on federal dollars to keep state spending high strengthens federal control of state programs, puts greater upward pressure on state spending. Chasing federal dollars delays the hard work and tough decision-making required to restructure state government to get the highest quality service at the very best price for the limited core constitutional functions of state government. By chasing federal dollars, Texas adds to the federal debt crisis. Chasing federal dollars sends mixed signals to Washington, D. C. and weakens our claim that we are dedicated to exercising state sovereignty under the Tenth Amendment.
Why & How the Lege Should Exercise Its Power of the Purse to Make Texas Strong
The usual across-the-board spending cuts are not enough. Cutting 2%, 5% or 10% of something state government shouldnt be doing in the first place still leaves us with some core functions short-changed, an unsustainable, unhealthy pattern of spending, and a state government that is still bigger than it needs to be. The TEA Party Caucus Advisory Committee urges the Legislators to take decisive action to: 1. Make State Spending Fit into a Constitution-sized Box by eliminating departments, agencies, commissions, and programs that exceed the core constitutional functions of state government (listed on page 3). The Texans for a Conservative Budget coalition compiled a list of spending items, which can be eliminated or reduced by streamlining. [Source: http://www.texaspolicy.com/center/fiscal-policy/reports/real-texas-budgetsolutions-2013-and-beyond] Lawmakers should look to this list of reductions before they ever utter the words we need sources of new revenue. 2. End Corporate Welfare, Crony Capitalism, and Central Management of the Economy The Conservative Budget list also includes elimination of the Texas Enterprise Fund, the Texas Emerging Technology Fund, and the Special Events/Major Events/Texas Events Funds, which are an extended subsidy for Formula 1 racing and other entertainment venues. These state funds mirror the federal governments practice of tinkering with the economy. Central planning through subsidies is not the proper role of government in a free market society. The state acting in the role of an investment banker or participating in deals as a venture capitalist is not a core constitutional function of state government. State government has no business attempting to pick winners and losers and doling out tax dollars to special interests any more than the federal government does. Formula One Facts: In December 2012, the Comptroller approved paying $29.3 million to Circuit of the Americas (Formula One racing) from the Major Events Trust Fund, a state economic development fund used to attract events such as Super Bowls and NCAA basketball Final Four tournaments. In a May 2010 letter to Formula One chief executive Bernie Ecclestone, the Comptroller certified that if F1 auto racing were brought to Texas as promised, the state would provide $25 million a year for 10 years to the promoters. More subsidies currently under consideration by the Comptroller: Circuit of the Americas is seeking up to $5 million for four motorsports events this year: Aprils MotoGP race ($1.9 million already being considered), V8 Supercars in May and the American Le Mans Series and World Endurance Championships in September. It is time to end corporate welfare in Texas with a constitutional amendment to support free markets and end crony capitalism. The state of Texas should be prohibited from
investing tax dollars in special interest entertainment venues and private sector companies under the guise of economic development. 3. Stop Chasing Federal Dollars Make Texas Strong & Independent of Federal Strings; reduce state reliance on federal dollars and restrict all new federal grant programs, watching out for the poison pill of declining matching funds. 4. Implement Tax and Expenditure Limits State and local government spending from ALL sources should increase only by the sum of population growth plus inflation and no more. We support a constitutional amendment to set this limit in order to protect current and future taxpayers from excessive spending. 5. Enact Budget Transparency practice truth in budgeting by ending diversions; a tax or fee should go to fund the original intent of the legislation that created the tax or fee; should a surplus occur, the fee or tax should be reduced, and the surplus used to reduce state debt. Once the original purpose of the tax or fee has been fulfilled to fund a one-time capital expense or improvement, the tax or fee should be sunset. 6. Reform Texas' Public Pension Systems According to recent reports from the Texas State Comptroller, the Texas retirement system, while fairly well funded compared to other states, is still legally liable to pay defined benefits totaling 10 to 20 times what state employees paid into the system. If investment returns drop or benefits are increased, taxpayers would be on the hook for the added exposure. The legislature should institute these reforms: Freeze enrollment in the current defined benefit system and enroll newly hired or unvested employees in a 401(k)-style defined contribution pension plan. Retired and vested employees remain with the current plan. 7. Enact Zero-based Budgeting starts a budget from zero and requires justification for requested funding for each line item of a budget. This budgeting discipline has not been used by the State of Texas for the last nine years (2003), but should be instituted immediately to ensure taxpayers get the most value for their tax dollars. A zero-based budgeting bill has been pre-filed by freshman State Representative Matt Krause (Ft. Worth). The bill creates a system of zero-based budgeting for all agencies of state government and introduces zero-based budgeting to the Sunset review process. 8. Protect the Rainy Day Fund (also known as the Economic Stabilization Fund) The RDF should be used for one-time emergency items or tax relief. The fund should NOT be spent for ongoing expenses. If we truly believe in personal responsibility, then the State of Texas should lead and preserve the Rainy Day Fund for true natural and man-made
disasters. We need look no further than the recent example of the devastation wreaked by super storm Sandy. The states of New York and New Jersey immediately turned to the federal government for relief, and many of the people of those states are still waiting, months later. The Rainy Day Fund should be preserved so that Texas can be strong and less dependent on the federal government in times of disaster. 9. Reduce State Debt We should avoid a state fiscal cliff by resisting the temptation to add to our state debt just because interest rates are low. Soaring debt is just as wrong for our state as it is for the federal government. 10. End the Practice of Using Special Fund Balances to Certify the Budget Many government funds, such as the System Benefit Fund (created in 1999), are used to certify the budget. The System Benefit Fund is an $850 million pot of money originally mandated to help pay utility bills for senior citizens and the poor and to educate ratepayers on electricity deregulation. The System Benefit Fund is financed by electric utility customers in deregulated areas. Special dedicated fund balances cannot be spent for general purposes, so holding the fund balances to balance the budget on paper effectively results in deficit spending. 11. Launch State Government Restructuring Project this session Our state government should be restructured: To reduce the size, scope, and cost of state government; Because state government is weighted down with far too many overlapping, duplicated efforts (numerous bureaucratic kingdoms). According to the state website, the core constitutional function of natural resource management has approximately 38 individual departments/agencies and programs.) Refocus Sunset process on making government more efficient by abolishing agencies, committees, boards to consolidate agency functions; State government should be reduced to its core constitutional functions. Core functions should then be performed as efficiently and effectively as possible to achieve measurable results. The Texas Legislature should mandate a state government-restructuring project for the interim, which would: 1. Develop the process and timeline to end any remaining diversions that survive the 83rd session and keep revenues dedicated to the original purpose. 2. Review all state departments, agencies, commissions, funds, & programs to determine state constitutional authority. Develop timeline to phase out all that do not fit inside the constitution-sized box.
3. Match money (funding) & mission for all departments, agencies, programs, funds, and commissions that withstood the state constitutional test with a return to zero-based budgeting and justification of spending levels. 4. Plan and timeline a deep process review for all state constitutionally-authorized functions with a focus on increased operational efficiency and measurable results; include identification of overlapping/duplicated agencies, departments, commissions, and programs; develop plan for consolidation and "recharging" those remaining with a very specific, measurable mission. 5. Develop process mapping for all constitutional state functions to determine the efficient and effective flow of information and service interaction to locate and eliminate costly bottlenecks and roadblocks. Time is money even in government services. Appoint an independent group of experienced professionals and leaders to execute the state restructuring project. 6. Due to conflicts of interest and a strong sense of self-preservation, state employees, political appointees with campaign funding ties, and paid lobbyists are not suited for this project. The Legislature should specify the expertise and profile of those tasked with getting the state government-restructuring project implemented.
State Taxes
The TPCAC believes state taxes should sufficiently fund core constitutional functions of state government and be pro-growth.
The Margins Tax Abolish the gross margins tax, and begin by making the small business exemption permanent. The tax has underperformed, is complex, costly, and difficult to comply with. The tax is patently unfair, since it is collected from businesses that show no profit. Property Tax Reform Abolish and replace property taxes with a reformed sales tax, which includes an adjusted tax rate and base. Sales Tax any increase in the sales tax base or the sales tax rate must be accompanied by reductions in other taxes. State and local governments should come to rely on consumption taxes as their main revenue generators. State Income Tax a non-starter! Texas is one of nine states without an income tax and should remain so. Texas should continue to encourage economic growth (a healthy tax base) by keeping taxes low and adopting pro-growth reforms.
Transportation
Current transportation policy in Texas commits Texas to a future we do not want: More clogged roadways More tolls (taxes) for drivers More diversions of tax dollars to projects that increase rather than reduce congestion More public debt, with interest Higher fuel and maintenance costs for drivers dealing with congestion and poorly maintained roads More erosion of private property rights to condemn land for economic development and non-transportation revenue purposes Growing state bureaucracy to manage all of the innovative strategies to create new streams of revenue. We believe we can do better. We are asking our state lawmakers to turn to sound fiscal planning and to return transportation to its core purpose guaranteeing the free association of people to exercise freedom in the market place for the exchange of goods and services. We believe free market commerce depends on an effective and efficient transportation system. We believe taxpayers deserve the highest quality services at the very best price with the least amount of government restrictions in conjunction with the safeguarding of private
property rights and a decreased dependence on debt. Transportation is a core constitutional responsibility of state government that impacts all Texans and all who come to our state to conduct business and to freely associate.
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Reforms for Medicaid & Childrens Health Insurance Program (Medicaid for Children)
Where possible, tighten Eligibility Requirements, Screening, and Reform Social Safety Net programs; Reject efforts to extend the period of Medicaid eligibility; End Fraud, Waste and Abuse that had Texas spending more than all the other 49 states combined for Medicaid orthodontic programs for children [WFAA Dallas News 8 investigation]; Combine Overlapping, Duplicated Health Care Programs; CHIP benefits should be no more generous than state employee benefits; Require the Texas Health and Human Services Commission to apply for a waiver that would deliver Texas Medicaid funding through a block grant. Health Insurance Regulations fight ObamaCare federal mandates with all means possible, including state compacts or a Coalition of States, legislative resistance via exercise of 10th Amendment rights, and legal action, if necessary; reject PPACA exchanges, and eliminate all state mandates not required by federal law. Consumer-driven Health Care state compacts allow Texans to purchase health insurance offered by providers in other states; offer state employees an option to enroll in a Health
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Savings Account/High Deductible Health Plan; clarify state law to ensure HSAs are not subject to small group requirements, which drive up costs. Scope of Practice Only 23 of 254 Texas counties have adequate levels of health care professionals. To provide more affordable care, repeal regulations on the use of Advanced Practice Nurses; permit Nurse Practitioners to practice to the extent of their education and training defined by the Board of Nursing; allow Board of Nursing to determine prescriptive authority. State Employee Health Benefits Texas taxpayers pay the full cost of premiums for state employees and half the cost of the premium for dependents. Require employees to pay a portion of monthly premiums, as do most private sector employees; offer high deductible plan and HSAs to control costs; incentivize enrollment in HSAs and high deductible plans. Health Benefits for Political Appointees to Boards and Commissions determine if the scores of political appointees chosen by the Governor to sit on boards and commissions still have health care benefits; if so, determine the total cost. If still in place, this benefit should be eliminated.
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reduce/remove regulations that increase education cost, hinder innovation, and do not provide measurable increases in student achievement increase access to distance learning and virtual education remove state and regional bureaucracy, such as regional service centers What we are getting for the investment? Academic Accountability initiatives: Lower barriers to teaching profession; allows non-educators with strong credentials to teach rather than go through a year-long certification process; Eliminate restrictive salary schedules and longevity pay to allow local district freedom to target resources; Remove all mandates and term contracts that make it difficult for school districts to remove ineffective teachers from the classroom and poor administrators from management; Allow districts the freedom to hire private sector professionals or military veterans as superintendents; Limit superintendent base pay no superintendents base pay should exceed that of the Texas Governor ($150K without his retirement pay); local districts should be free to reward measurable performance with one-time annual bonuses; Tackle the high cost of remedial education enact monetary penalties for districts that fail to measurably reduce the percentage of high school graduates needing remedial English, math and reading before they can ever take the first college class; require districts which lose funding to issue a prescribed formatted statement (much like the mandated truth in taxation posting) to the media and post on the districts website; Support classroom teachers by strengthening discipline measures that will protect teachers and students from classroom assaults and disruption of classrooms; Open up a state appeals process by which teachers can redress grievances against school boards and administrators for failure to support classroom and campus discipline; Enact criminal penalties for central and campus administrators who conceal and fail to report to non-campus law enforcement authorities assaults on teachers, staff, and students; Support legislation to end the C-SCOPE curriculum debacle and prevent a repeat of the stunning issues brought out in Senator Patricks C-SCOPE hearings; all district- or region-created curriculums should pass through the Texas State Board of Education for approval.
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Vocational/Technical Education expand opportunities for students who are not collegebound, but require a strong basic education for these students. Federal Regulations Pass an interstate compact focused on freeing the state and local schools from federal regulations.
Second Amendment
We support the Texas A&M student initiative for concealed carry on campus. Five states have provisions that allow concealed carry on campus: Colorado, Mississippi, Oregon, Utah and Wisconsin. We also support State Representative Dan Flynns pre-filed legislation that would change the required number of classroom hours for the initial concealed carry license from 10 hours to 4 hours. The number of hours was set in statute before the DPS program was written and has never been reviewed or revised. This change would not impact the required course materials, the written test, and does not include time spent at the range or the shooting proficiency exam. We also support providing CHLs the opportunity to renew licenses in a continuous process on line. We support legislation that protects the Second Amendment rights of Texans from federal tyranny.
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Support Law Enforcement Strengthen law enforcement to protect citizens, legal residents, and businesses from cartels, organized crime, and human-trafficking; increase penalties for trafficking minors and confront the US Justice Department about its lack of enforcement as it pertains to trafficking minors. Require the state Attorney General to defend state and local law enforcement officers against actions brought by the United States Department of Justice regarding the enforcement of federal and state laws pertaining to persons found to be in the country illegally. The legislature should ensure aerial and surveillance support resources are provided to assist state law enforcement in the border security the federal government is failing to provide. Require the Administrative Office of the Courts to provide the Texas DHS and DPS a list by county of all illegal aliens that (1) have been detained and (2) appeared in court for a violation of state law. Each report is required to include the name of the illegal alien, the violation, the judge, and the outcome of the case including whether the law enforcement agency released the illegal alien, kept him in custody, or transferred him to the custody of federal immigration authorities. Employment verification to ensure legal workers Employer Sanctions: end employee misclassification & payroll fraud; impose penalties on companies that intentionally misclassify employees as independent contractors when they are working on government contracts; make it a felony or high-fine misdemeanor for anyone who knowingly employs illegal workers. For those found guilty of hiring illegal workers, business licenses should be forfeited in addition to fines. Penalties must be severe enough to encourage the use of E-verify to determine individuals that may be classified as legal workers. Cost tracking and reporting: counting the cost of illegal immigration to Texas Taxpayers; require state agencies dealing with Primary and Secondary Education, Higher Education, Health and Human Services, and Criminal Justice to track and report the cost of undocumented alien residents. To see how state agencies can track these costs, see James Bernsens report entitled The Cost of Illegal Immigration to Texas from the Lone Star Report, available via Bing or Google search. State licensing legal status should be required to get a state business or professional license. End the Texas Dream Act repeal in-state tuition breaks for foreign-born children of illegal aliens and file bill for a constitutional amendment that prohibits same. Stop the Magnets of an Open Social Safety Net Codify & Mandate Eligibility for Access to Social Services, including local government services, such as non-life threatening health care services under the state mandated indigent health care program.
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Close loopholes allowing illegal immigrants to collect welfare benefits through TANF (Temporary Aid to Needy Families). A child born to illegal immigrants is deemed a US citizen under the 14th Amendment to the US Constitution. Current law allows illegal alien parents to apply for welfare in the name of their children and to be in control of the money doled out by the government. Since an illegal immigrant is ineligible for legal employment in the US, they cannot fulfill the work requirement of TANF; however, under current TX law, illegal parents can get welfare for their kids and NOT participate in work programs! Moreover, according to the former TX Workforce Commissioner, the temporary time limit restrictions on receiving benefits under TANF do not even apply for those collecting welfare benefits for their children. In other words, we give them unlimited benefits. Note: Senator Jane Nelson has prefiled Senate Bill 11, which makes many needed changes to TANF. Require the State to Review Tax Returns for Possible Identity Theft Require the Texas Department of Revenue to conduct record searches and identify instances where multiple tax returns have been filed under the same social security number or ITIN (Individual Taxpayer Identification Number). Intent is to reduce identity theft committed by illegal aliens or anyone who uses false identification for employment. This section also requires the Department of Revenue to report any violations of identity theft to the Attorney General or district attorney for prosecution. The Texas legislature should pass a resolution stating its support of streamlining the process to become a citizen of the United States. The current process is so mired in federal bureaucracy that it often takes more than a decade to complete the process. The Texas Legislature should encourage a meaningful, deliberate, streamlined process to replace the current system, but should not support amnesty. International Law is NOT for Texas courts. Only the US Constitution, the Texas Constitution, and Texas statutes should govern Texas courts. Enact legislation prohibiting the use of any international law to settle any matter in Texas courts.
10th Amendment
Fight the Big Four ObamaCare, the EPA, the Department of Interior, and Agenda 21 Review of ALL conditional federal grants to reduce federal control over Texas and oppose all new federal grant programs dont chase the money! Protect rural Texas ranches and farms from federal EPA regulations and from Agenda 21 initiatives that will interfere with private property rights and parental rights Reduce Federal Regulatory Impact on Texas Liberty and Free Enterprise by assuming and enforcing 10th Amendment protections via State Coalitions Interstate Compacts, legislative action, and the courts; the TX Legislature should adopt laws requiring our
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Attorney General to file suit in federal court to exercise our 10 th Amendment rights in specific areas. EPAs Impact on Texas challenge EPA actions through the legislatures exercise of its 10th Amendment rights and through the courts, if necessary. Cut Environmental Bureaucracy, including states TCEQ (Texas Commission on Environmental Quality) by imposing regulatory impact analysis and cost of regulation on regulated entities and citizens; requiring actual monitored data over modeled data; and performance measures for state regulatory agencies, which monitor measurable outcomes not outputs, before imposing any new state regulations. Avoid all state and federal mandates that require or incentivize the reduction of Greenhouse Gas Emissions and CO. Agenda 21 UN Agenda 21 is a threat to individual liberty, private property rights, free markets, and state sovereignty. The Texas legislature should pass legislation for a state constitutional amendment that would prohibit Texas state agencies and local governments from participating in Agenda 21 planning and funding. The language of the state constitutional amendment should declare that the State of Texas and all political subdivisions within the State of Texas shall not adopt or implement policy recommendations that deliberately or inadvertently infringe or restrict private property rights without due process, as may be required by policy recommendations originating in, or traceable to Agenda 21. In addition, the State of Texas and all political subdivisions of the State of Texas shall not adopt or implement any any other international law or ancillary plan of action that contravenes the Constitution of the United States or the Constitution of the State of Texas.
The Texas legislature should exercise 10th Amendment protections for its citizens to oppose the Transportation Security Administrations (TSA) threats to personal liberty protections under the Fourth Amendment. We support State Representative David Simpsons bill from the 82nd session and will support a renewed effort to pass this legislation in the 83rd session. The Texas legislature should exercise 10th Amendment protections for its citizens from provisions of the NDAA National Defense Authorization Act, which authorizes the indefinite detention of citizens and denial of due process. The Texas legislature should pass legislation prohibiting state employees and agencies from assisting the Federal government in detaining people under the 2012 NDAA.
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Higher Education
Higher Education Quality tie funding to student success results (number of degrees issued, outcomes measured by the Collegiate Learning Assessment or CLA) and employment outcomes five years after graduation institute reforms to emphasize basic American history, government, economics and Western Civilization
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make higher education performance measures, such as student academic performance, graduation rates, post-graduate earnings, percentage of classes taught by part-time faculty available online on a statewide site
Higher Education Affordability require all public institutions to increase aggregate credit hours taught by tenured and tenure-track faculty by 10% reduce administrative staff budgets by 10% encourage regents to institute operational efficiency programs, driving savings to academic programs place two-year moratorium on all new building projects, taking advantage of increasing popularity of online courses
Term limits
We support the term limits constitutional amendment bill pre-filed by Senator Kevin Eltife that would limit statewide elected officials, including the governor, to two consecutive terms.
Note to Legislators: It was impossible to keep up with all filed bills and update this document before presenting it to you. We ask for your help in letting us know if you have filed bills to address any of these issues. We look forward to working with you for the good of Texas. Thank you for serving our state.