Key Issues of the 81st Legislative Session
BUDGET
While other states in our nation are struggling, Texas
is one of the most financially stable. By staying the
course with conservative principles and financial planning, Texas legislators made budget cuts while allocating more funds to education, health care and disaster recovery efforts. Below is an overview of how the budget was appropriated this session.
• A 2010-2011 biennial budget reduced general revenue spending by 1.9 percent.
• A $182 billion two-year spending plan was approved, including $12 billion in federal economic stimulus money covering various state services, such as education and health care.
• $2.4 billion was allocated to compensate unforeseen costs in the current state budget, including money for The University of TexasMedical Branch in Galveston, which was severely damaged by Hurricane Ike.
• The budget increased funding for public education by $1.9 billion and funding for higher education by $1.2 billion.
• Funds were provided that encourage the creation of additional tier-one Texas universities.
• $264 million in financial aid was designated to make college affordable for 35,000 more students.
• Funds were set aside for buying and building reservoirs to account for the state’s growing water needs.
TAXES AND PROPERTY RIGHTS
To help Texas businesses cope with the national recession, legislators cut taxes for thousands of small
businesses. Legislators also extended property tax relief to disabled veterans and passed a proposed Constitutional amendment to protect the rights of property owners.
• House Bill 4765 gave approximately 40,000 small businesses a tax break by raising the franchise tax exemption from $300,000 in revenue to $1 million. Providing tax relief to our small businesses will result in the creation of new jobs and a boost to the Texas economy.
• HB 3613 provided totally disabled veterans a 100% annual exemption on homestead property taxes.
• HJR 14 let Texans vote in November 2009 on a constitutional amendment that would strengthen property protections by restricting the government’s ability to take private property.
HIGHER EDUCATION
Increasing funding for student financial aid and giving colleges more flexibility in choosing their
freshman class will create opportunities for Texas students to further their education.
• The budget provided Tarrant County College an increase in funding of 16.57 percent, amounting to a $15.1 million increase over the biennium. This increase in funding is double the state average of 8.14 percent. The budget increased funding for Towards Excellence Access and Success Grants (TEXAS Grants) by adding $186.4 million to the program, making a total of $614.3 million available to students
seeking higher education for 2010-2011. An additional $10 million was allocated to Texas Educational Opportunity Grants (TEOG) for community colleges, raising that total to $24 million for 2010-2011.
• Senate Bill 175 reduced the percentage of students The University of Texas at Austin must admit under the Top Ten Percent Law. Under SB 175, UT Austin is only required to apportion 75 percent of its entering freshman class to students finishing in the top 10 percent of their high school class. This allows UT Austin to fill the remaining percentage of students based on criteria other than class ranking. Although UT Austin is currently the only state university affected by SB 175, it could apply to other state universities if their admissions of students in the top 10 percent rise.
• SB 297 provided in-state tuition for all military veterans and their spouses.
• HB 51 created financial incentives for emerging research universities to become nationally recognized research universities. Encouraging the advancement of research development in our universities will recruit the best and brightest students and researchers to our state. Establishing more innovative learning environments will result in a highly-educated workforce, making Texas even more competitive on a global scale.
• SB 956 permitted the University of North Texas at Dallas to establish a new public law school. Currently, Dallas-Fort Worth is the largest metropolitan region in the nation without a public law
school. Establishing a public law school in the Dallas-Fort Worth area gives students in our area the option to go to law school close to home rather than having to move to other areas of the state,leave the state entirely or attend a private law school, which is much more expensive.
PUBLIC EDUCATION
Choosing to reform education by focusing on student growth and achievement ensures that our students remain competitive academically with other students across the nation. Legislators allocated $2 billion to school districts and gave teachers a one-time $800 pay raise.
• HB 3 strengthened accountability in our schools by applying college-ready standards to the state’s K-12 curriculum, aligning high school graduation exams with higher education expectations and giving parents extensive access to student achievement data. This bill gave teachers a larger role in deciding student
advancement and required each school district to adopt a policy regarding that advancement. The policies must include: consideration of the student’s score on the state assessment test; the recommendation of the student’s teacher; the student’s grade in each subject/course; and any other necessary information determined by the school district. HB 3 also expanded opportunities for students to take innovative career and technology courses that would help them prepare for an industry-recognized license, credential or certificate and also an associate or baccalaureate degree.
• HB 1801 added backpacks and school supplies to the annual August sales tax holiday.
• HB 4294 allowed school districts to purchase approved electronic textbooks and materials.
DISASTER PREPAREDNESS
The Texas Windstorm Insurance Association (TWIA) was established by the 62nd Legislature to provide wind and hail coverage to applicants who otherwise might be unable to obtain insurance. TWIA took a financial pounding last year, depleting its financial reserves to pay out claims from Hurricanes Dolly and Ike. The current funding mechanism was developed in 1993 at a time when TWIA’s exposure to loss was much lower. However, this funding mechanism has not kept pace with the level of damage recently sustained along the Gulf Coast. Lawmakers addressed this deficiency by passing legislation that helps to prevent costs resulting from these disasters from being passed on to Texans who do not live in high-risk areas of the state.
• HB 4409 established a new funding mechanism for TWIA through a combination of bonds and assessments to insurers and policy holders. TWIA was authorized to write coverage in areas designated by the Commissioner of Insurance.
PUBLIC SAFETY AND SECURITY
To address urgent safety and security needs, lawmakers developed legislation enabling law enforcement officials to adequately deal with our state’s mounting problems with border gang violence and other criminal offenses. Legislators also supported sufficient compensation for those who were convicted of a crime they did not commit.
• The budget directed $113.2 million in funding towards state security and safety. Funding was provided for the state’s border security and gang strategy as well as resources for local prosecutors. Funding was set aside for the overtime and operational costs for local law enforcement, state troopers and Texas Military Forces. And funding was allocated to employ more Texas Rangers, state troopers and game wardens.
• HB 2086 enhanced the penalty for those who help prison inmates escape, and also those who provide offenders with contraband if it is committed as part of organized criminal activity. These harsher penalties will help deter and punish offenders who callously put the public’s safety at risk.
• HB 1736 increased the amount of compensation for those who were convicted and sent to prison for crimes they did not commit. This bill also required the Texas Department of Criminal Justice to develop a comprehensive plan to ensure these people are successfully reintegrated into the community.
STATE SCHOOLS
Federal investigations into the quality of patient care at state-run-and-owned facilities for the developmentally and intellectually disabled revealed an appalling disregard for their well-being and safety. The results of these investigations demanded legislative action.
• SB 643 increased oversight and accountability for the protection of intellectually and developmentally disabled residents in state schools and community-based care. SB 643 protected residents by creating the office of an independent ombudsman and assistant ombudsmen to oversee the operation for each facility.
It also implemented more comprehensive provisions relating to criminal background checks of center employees and volunteers.
HEALTH
Contribution to the health and well-being of Texans was also a priority for lawmakers.
• HB 4471 increased incentives for nursing schools to hire more teachers and graduate more nurses by providing funding contingent on institutions meeting certain performance standards.
• HB 1310 prohibited anyone under 16.5 years old from using a tanning bed.
OTHER IMPORTANT LEGISLATION
• HB 670 protected journalists from having to testify and reveal confidential sources and documents in court. This bill prohibited judges, lawyers and other entities from compelling a journalist to testify or disclose information prepared while the person was acting as a journalist. HB 670 encouraged a free and active press, while also protecting the right of the public to effective law enforcement and the fair administration of justice. The District of Columbia and 36 states have similar provisions.
• HB 873 allowed more grant money to be distributed to the movie and film industry, making Texas competitive with surrounding states that are giving these industries more incentives to do business there. Providing a friendlier business environment to the movie and film industry will encourage the industry to come to Texas, bringing more jobs and money to stimulate our economy. To protect Texas from spending money on failed projects, the grant money will not be distributed until the project is complete.
• SB 61 required that children under age 8, unless the child is taller than 4 feet, 9 inches, be secured in a booster seat when riding in a passenger vehicle. Fines for violating this law are not more than $25 for the first offense and up to $250 for the second offense.
LEGISLATION THAT DID NOT PASS
Although much was accomplished this legislative session, some bills failed to pass. Attempts were made to address the following topics.
Sobriety Checkpoints
• HB 169 would have allowed police to set up sobriety roadblocks in large counties and cities.
Voter Identification
• SB 362 would have required Texas voters to present a photo identification or two forms of non-photo identification before casting a ballot at the polls. Currently, voters must show one form of photo identification or one form of non-photo identification.
Campaign Finance Reform
• HB 2511 would have tightened Texas’ long-standing prohibition on union and corporate funding of election activity and required disclosure of individuals funding attack ads.
Sex Offender Registration Exemption
• HB 3148 exempted certain teenagers who were convicted of an offense involving consensual sex from the requirement of registering for life as a sex offender in Texas. This bill would have given a judge the discretion to exempt a defendant from having to register for life as a sex offender if at the time the offense was committed, the defendant was not more than four years older than a victim that had consented to the relationship and the victim was at least 14 years of age. This legislation was important because the consequences of having to register as sex offender are very severe. A registrant cannot be in the presence of younger siblings or family members, is extremely limited as to where they can live, is prevented from taking many types of jobs and has difficulty getting any job. This legislation would have prevented some teenagers who participated in a consensual relationship from being branded a sex offender for the rest of their life. Although it was voted almost unanimously out of the House and was voted unanimously out of the Senate, the governor chose to veto this legislation, claiming that technical language added in the Senate had the potential to undermine the intent of the legislation.
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