Legislative Summary

Here’s a summation of a few of the bills filed in the House presently, and my rank on whether or not they’ll pass. I’ve rated each 1-10, with 10 being a sure fire pass and 1 meaning it will never pass.

HJR 11 (Riddle): Proposing a constitutional amendment authorizing the legislature to provide for a local option election in a county to set a limit of less than 10 percent but not less than three percent on the maximum average annual increase in the appraised value of residence homesteads for ad valorem tax purposes.

I don’t think this piece of legislation is a very good idea, nor do I think it stands a snowball’s chance in hell of passing. Could you fathom the number of counties holding local option elections constantly to modify the level? It’d be insane.  Chance of passing: 2

HJR 12 (Bohac): Proposing a constitutional amendment to increase the maximum amount of the local option residence homestead exemption from ad valorem taxation by a political subdivision from 20 percent to 30 percent.

That might pass. I don’t recall this being part of the Sharp/Perry/TTRC tax plan, though. I think it’s just more general tax relief legislation.  The Sharp plan bills are HBs 1-4. Chance of Passing: 5

HJR 13 (Bohac): Proposing a constitutional amendment authorizing the legislature to establish for purposes of ad valorem taxation by a school district a limit on the annual increase in the appraised value of residence homesteads of five percent or more, and to permit other political subdivisions to adopt a five percent limit on those appraisal increases.

Again, more “tax relief” independent of the TTRC/Sharp/Perry plan.  I think this one is asking for disaster, personally. Chance of passing: 5

HB 14 (Rodriguez): Proposing a constitutional amendment that provides for the approval of an income tax adopted by the legislature, requires that a deduction or exemption to the tax that redistributes the combined tax liability be approved in a statewide referendum, and allows revenue from the tax to be spent on education and any other purpose.

This is one of several income tax bills I’d expect us to see before the Special is said and done with.  Chance of Passing: 1
HJR 15 (Solomons):  Proposing a constitutional amendment requiring the state to pay at least 50 percent of the cost of maintaining and operating the public school system and prohibiting the comptroller from certifying legislation containing an appropriation unless the requirement is met.

I heard this bill read yesterday and was thinking then it had no chance of passing. Basically, this is part of a long cycle of legislation over the past few sessions that has attempted to get the state to pick up more of the funding burden related to public school education. Chance of passing: 2

HJR 18 (Anderson): Proposing a constitutional amendment requiring any increase in the rate of the franchise tax be approved by two-thirds of all the members elected to each house of the legislature.

I can see this one passing fairly easily. A two-thirds approval in the Texas House, while definately not unheard of, may be tough when it comes to increasing taxes, especially for Reps of both parties in marginal districts.  Basically, it is kind of back door that allows, once the tax system modifications are in place, the Lege the opportunity to make it as difficult as possible to raise taxes. Chance of Passing: 7.5

HJR 21 (Guillen): Proposing a constitutional amendment requiring the state to provide for equitable funding for each student under the public school system.

This amendment proposed by Guillen (D-Rio Grande City)—a young second-term legislator—has some merit in my mind, though it also confuses me a bit. Reading the full text, my interpretation is that this bill would amend the constitution to require the state to basically provide a more equitible system not just for funding education (i.e.: pupil expenses), but would go so far as to get the state more involved in providing equitable facilities for schools and what not. I’m going to contact Rep. Guillen’s office because I’m somewhat intrigued by this bill. However, I’m afraid it has a chance of passage somewhere near 3-4.

HJR 23 (Otto):   Proposing a constitutional amendment dedicating certain state tax revenues to school district ad valorem tax rate reduction.

Basically, this bill would create a constitutional amendment which would dictate that all future increases in revenues from franchise taxes and cigarette taxes go to school district ad velorem tax rate reduction. This is probably to prevent “legislative hijacking” of the funds as could happen later on, meaning that, if this passed and the subsequent amendment was passed by voters, the Lege would need a constitutional amendment to use money from these two taxes for anything else except the specified purpose. I don’t know off the top of my head if the Sharp/Perry/TTRC proposal dedicates revenue from increases toward education specifically or not, to be quite honest. However, if it isn’t so dedicated, it probably should be. However, I’m not sure if this is the appropriate vehicle for that. Needs more study. Chance of passing: 5.

HB 11 (Pena): Relating to the salary paid to certain professional employees of public schools.

This is one of many pay raise bills that will probably be filed in the Lege during the special. My interpretation of the call is that none have a chance of passing, because this isn’t an area directed for Legislators to act on in Perry’s narrow call. However, I wanted to point out the Pena bill and give it some kudos because it includes full-time school librarians, nurses and counselors. Having a step-mother who is a librarian with a masters degree working in an elementary school, I’ve seen several pay raise or supplement bills over the past few sessions where everyone except classroom teachers end up getting pulled out or amended out at some point, or are never put in the leigslation in the first place.  Kudos to Rep. Pena, but, since it’s not on the call, I’ve got to say it has a zero COP. Chance of Passing: NOC (not on call).

HB 12 (Pena): Relating to privacy of wireless telecommunications customer information; providing a civil penalty.

Again, good legislation, but not on the call (sadly). Chance of Passing: NOC.

HB 18 (Bohac): Adds school supplies to the sales tax holiday.

Not sure about this one, since it’s not on the call, specifically. COP: 5

HB 19 (Bohac): Relating to the punishment of certain assaults committed against employees of primary and secondary schools.

This bill is a direct result of the shooting of ex-Canton High School football coach Gary Joe Kinne. In this case, the jury found that Kinne did not fall under the provisions of the Penal Code specifying that he was a public servant. Not surprising, given the legislative intent of that provision was relating to law enforcement officers.

I am not sure how I feel about this particular piece of legislation. I’m not sure that enhanced penalties are in order when one shoots a public school employee. Given that Bohac’s bill, the way I read it, would apply to custodians, cafateria workers and secretaries and not just classroom teachers and coaches, I think it may be taking the line a bit too far. Not that I don’t appreciate these people, but I’m not sure it’s in harmony with accepted public policy. I’d like to know how other states handle this before making a final judgement. This type of legislation is fairly common in the aftermath of a highly publicized trial and a verdict some of the public doesn’t like, such as the DeAnna Laney verdict in Smith County a couple of years ago. Chance of Passing: NOC

HB 22 (solomons): Relating to state support of the public school system.

This is a short bill that, as I read it, relates to public schools getting more state funding. I’d like to see an analysis or fiscal note on this legislation.

HB 23 (Delisi): Relating to providing mentors for certain classroom teachers.

Bad legislation, in my view.  For one thing, the purpose of student teaching and teaching internships really serves the purpose of this. Second, why create a buracuracy and another hole for local M&O dollars when many school districts already have mentoring programs in place for new teachers or teachers who need assistance. This is one of those bills that’s meant to look good to the home folks, but just makes no sense. I’m also thinking that seasoned teachers may be hacked that they could be assigned yet another duty (mentoring new teachers) given they already have so many duties. Chance of Passing: NOC.

HB 26 (Burnam): Relating to the imposition of an income tax on income that exceeds $100,000 to provide property tax relief and fund public education; providing penalties.

This is Rep. Lon Burnam’s very bold income tax proposal which would, as I understand it, provide for an income tax for anyone whose income exceeds $100,000 with all such money dedicated to property tax relief and public education.  As I read the bill, though, incomes of joint filers would not be combined to determine the amount of tax owed. Therefore (as I read it), if a family had an income of $100,000 but neither joint filer had an income of $100,00, they wouldn’t be taxed. If that’s the case, I’d seriously consider supporting this measure, but would like to see a fiscal note first. Chance of Passing: 1 (Texas is too tax phobic).

HB 27 (Burnam): Relating to the imposition of an energy efficiency tax and to the use of the proceeds to fund education; providing penalties.

This doesn’t sound bad at all, but I’d like to see some provisions (which I may have missed) which would prevent utility companies from passing this tax on to consumers, or, at the very least, prevent utility companies from passing on more than a portion of this tax to consumers. But, it is more revenue for public education. COP: 5

HB 28 (Burnam): Relating to the imposition of a tax on mercury emissions and to the use of the proceeds to fund education; providing penalties.

Again, not a bad idea. Chance of Passing: 5

HB 29 (Burnam):   Relating to the imposition of a tax on the use of coal and to the use of the revenue from the tax for public education; providing penalties.

Good idea, chance of passing: 3. Coal isn’t presently taxed in Texas, and I suspect that whatever lobbies lobby for coal would be pretty incensed. Again, we need to insure these costs aren’t passed on to consumers.

HB 31 (Turner): Relating to adjusting the “price to beat” for electric utility services to reflect reduced natural gas fuel prices.

This would require natural gas providers to roll back rates, as I understand it, to reflect reduced prices they are paying for natural gas.  Chance of Passing: Not On Call.

HB 33 (Hochberg):  Relating to an optional flexible school day program for students in grades nine through twelve who have dropped out of school or who are at-risk of dropping out.

Again, a good ed reform bill with no chance of passing unless Perry modifies the call.

HB 34 (Hochberg):  Relating to the assignment of students to classroom teachers.

This legislation would provide that students in grades K-6 could not be assigned to a teacher who has less than a year of teaching experience or isn’t certified to teach two consecutive school years and that students in 7-12 cannot be assigned for two consecutive years to teachers with less than one year of experience or who don’t hold the appropriate certification.
On its’ face, these are good measures. However, we could be looking at creating a further teacher shortage. Given that there are uncertified teachers teaching now because of that shortage, this may be a tough one to implement. I’d also expect TEA, as with everything else, to grant school districts exemptions right and left unless legislatively prohibited from doing so.

Also, when you get into grades 7-12 which are mostly “departmentalized” as opposed to single or dual classroom instruction, I can see this becoming an implementation nightmare.

I can also see the teacher’s groups viewing this as both a good and a bad bill. Obviously, the crackdown on first year teachers could peeve a lot of association members. I’d like to see what the teacher groups have to say about this one. I like Hochberg’s concept, though, but think it may need tweaking. Chance of Passing: NOC.

HB 46 (Seaman):  Relating to the first day of instruction at a public school.

This bill would set a September school start date. However, it’s either a poorly written bill or includes some other stuff, because the start date designation is buried at the end of the bill. Chance of Passing: 1

HB 51 (Leibowitz):  Relating to restrictions on the prices of certain consumer goods and services during an abnormal disruption of the market.

As I read this bill, it would create some regulations and measures to prevent price gauging during emergency situations. A good bill, but something that I don’t think qualifies within the call. COP: NOC.

HB 55 (Eissler):   Relating to the academic and fiscal accountability of public schools and the improvement of public schools.

This is a massive bill that appears to alter significantly public school accountability programs and improvement. I’d like to see an analysis on this legislation.

HB 59 (Coleman):   Relating to the prosecution of the offense of improper photography or visual recording.

A good concept, but, as I read the bill, a journalist, amature photographer, or anyone could be charged with this crime simply if the complainant or cop on the scene thinks the videoing constituted an invasion of personal privacy. Also, there’s no exemption I could find for private investigators, and I feel there should be one for PIs and journalists. That, or the bill should be narrowed to deal only with the bathrooms and dressing rooms I think the bill was intended to deal with.

HB 61 (Veasey): Relating to the designation of a portion of State Highway 287 as the Martin Luther King Expressway.

This bill would rename the highway only within, I believe Veasey’s Tarrant County district. I noticed, however, it has a private pay clause, meaning the highway could be renamed but provided no signage unless private funds are raised to cover the cost of the signage. I’m not sure if that’s added to ensure passage or if that’s SOP in all bills renaming highways.  Chance of Passing: (a) it isn’t on the call and (b) there was an awful stink over the renaming of various highways in the last session, so I’d say: 1 (NOC)
HB 62 (Klokhorst):  Relating to the use of certain voting equipment in an election that does not involve a federal office.

I think this measure would require any government body conducting a non-federal election to notify the Secretary of State if they aren’t using electronic voting machines. I’d have to read up on the act it’s amending to say if it is “are” or “aren’t” using, but it doesn’t matter because this ain’t on the call and it ain’t passing.

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