Tx Capitol Report | A view from the Texas state capitol

Non-tax revenue bill passes with Rodríguez amendment

State Sen. Jose Rodríguez, D-El Paso, attached an amendment that helps pay for indigent defense to an important "non-tax revenue" bill that passed the state Senate Friday night.

The bill frees up more than $4 billion in the budget over the next two years to help mitigate deep cuts in areas such as public education and  health care. It would do that primarily through various accounting techniques that include delaying payments to public school districts.

Rodríguez, not once, but twice, got approval to add on his measure that would help pay for indigent defense and basic legal services for the poor by establishing a $5 fee at justice courts and municipal courts on convictions that do not include pedestrian citations or parking tickets. The measure would bring in about $32.6 million over the next two years for the services.

Early on, as the bill was being debated, Rodríguez's amendment was approved on a narrow 17-14 vote. At the end of the night, however, the Senate voted to reconsider his amendment after concerns that not enough time was provided for debate. Rodriguez again got a 17-14 vote in favor of the amendment after presenting his case for a second time.

"There were a lot of young people here today that I'm sure are being taught in their schools, as we all were, that this is a country where we provide equal justice for everyone," Rodríguez told Senators as he sought support for his amendment.

He said if the state does not properly fund such legal services for the poor, "the woman who is a victim of family violence is not going to be able to get her representation to go into court and get a protective order or to get support from the court system."

Passage of the "non-tax revenue" bill, which now includes the amendment, allows Rodríguez to replace a measure that is awaiting final passage in the Senate after tentatively passing two weeks ago.

The Rodríguez measure to be replaced would have established a $10 fee  at justice courts and municipal courts and a $2 document-recording fee on nonjudicial filings such as marriage certificates and property records. It would have collected an estimated $77.5 million in the next biennium.

Proposed fees for indigent defense added to bill

State Sen. Jose Rodríguez, D-El Paso, attached an amendment that helps pay for indigent defense to an important "non-tax revenue" bill now being considered in the Senate.

The bill frees up more than $4 billion in the budget over the next two years to help mitigate deep cuts in areas such as public education and  health care. It would do that primarily through various accounting techniques that include delaying payments to public school districts.

Rodriguez, by a narrow 17-14 margin, got approval to add on his measure that would help pay for indigent defense and basic legal services for the poor by establishing a $5 fee at justice courts and municipal courts on convictions that do not include pedestrian citations or parking tickets. The measure would bring in about $32.6 million over the next two years for the services.

The "non-tax revenue" bill, which now includes the amendment, is still being debated. If the bill passes with the amendment, it would replace a measure by Rodríguez that is awaiting final passage in the Senate after tentatively passing two weeks ago.

The Rodríguez measure that could be replaced would establish a $10 fee  at justice courts and municipal courts and a $2 document-recording fee on nonjudicial filings such as marriage certificates and property records. It would collect an estimated $77.5 million in the next biennium.

Senate budget bill stalled

Texas Senators cannot agree on whether to use an additional $3 billion from the state's rainy day fund.

Until they can, the senate's budget bill is in limbo.

At least 21 senators must agree so that a bill can be debated on the Senate floor. The Senate has 19 Republicans and 12 Democrats. If all the Republicans voted together they would need two Democrats to concur.

The problem for Senate leaders is they cannot get all the Republicans to agree because some prefer additional cuts over tapping the rainy day fund. Democrats, on the other hand, have said that they will not support more cuts.

So, for the past two days, Senate leaders have been trying to muster 21 votes to begin debating the budget. They likely will not get the budget to the floor until sometime next week, but if they get enough votes, it could go as early as Friday.

Redistricting bill tentatively passes the House

More than 16 hours after starting a debate over the redrawing of political boundary lines, the state House on Thursday tentatively passed a redistricting proposal on a 92 to 52 vote.

The map would shift the boundary lines within El Paso districts but would allow the county to maintain its five seats in the Texas House.

Debate on the bill ended just before 3 a.m. Thursday.

To read more click here.

Push to move Senate budget forward

Lt. Gov. David Dewhurst —who caught some heat for expressing surprise and disagreement over  the Senate Finance Committee's use of $3 billion in its budget plan—today sought to reassure Senators that he is on their side.

In a letter to Senators, Dewhurst said he was comfortable with the use of the Rainy Day fund and urged them to vote for the Senate budget. Twenty-one members of the Senate must agree in order for a bill to be debated on the floor and leaders are hoping to take up the budget Thursday. They will need at least two Democrats to agree.

Before Dewhurst sent out his letter, the left-leaning Center for Public Policy Priorities urged Senators to vote against the budget.

“Unfortunately there is no path to an acceptable budget that does not use billions more from the Rainy Day Fund," the center's Executive Director F. Scott McCown said in the statement. "In light of Lt. Governor Dewhurst’s position, we turn from applause to jeers. We urge every Senator to vote no to bring the budget up for debate. If the budget comes up for debate, we urge every Senator to vote no. There is no reason to support a budget that the Lt. Governor won’t help defend in conference."

Below is the Dewhurst letter:

Dear Senators:

I deeply appreciate the hard work the Senate Finance Committee has done to write a very good Senate budget, which I strongly support.

The Senate budget proposal does the following:

·         Funds the priorities Texans want within available revenue, without raising taxes, while making a historic $11 billion reduction from current spending

·         Adds $6 billion to the base bill to provide for the needs of our school children

·         Funds Medicaid care at the level mandated by federal law

·         Restores rates to nursing home providers to care for our most vulnerable seniors

·         Maintains prison capacity to keep criminals locked up and our streets safe

·         Increases Texas' commitment to securing our borders to $150 million

·         Provides $3 billion in voter-approved bonds for highway construction

While each of us could point to something in the budget we would change, I am comfortable with the method of finance for the budget.  On Sunday, April 17, I met with a group of Senators on Senate Finance to discuss how to close the budget.  As you know, I have preferred to use recurring non-tax revenue to balance the budget instead of the Rainy Day Fund, but we have to put the needs of Texans first.

After several hours of talking with the Senators, it was evident that they would rather use a portion of the Rainy Day Fund, rather than adopt more non-tax revenue items, and we were short about $2.8 billion to close the budget.  I feel strongly that our economy is strengthening here in Texas.  Our state revenues have grown 10.7% the first eight months of FY 2011, a $2.3 billion increase over last years’ numbers, and state revenues over the next two years should grow in excess of what the Comptroller currently estimates. 

As Texas keeps growing the way it is now, we may not need much, if any, from the Rainy Day Fund.  We have certainty that our budget’s funding for our public school children and our elderly will be there.

I recommended to the Senators that we close the budget by writing a contingent appropriation of $2.8 billion based upon future additional state revenue to be certified by the Comptroller.  The Senators wanted certainty.  I suggested we write a contingent budget provision, first appropriating any increase in state revenue certified by the Comptroller up to $3 billion, but providing a back stop appropriation from the Rainy Day Fund as a short fall guarantee, meaning that any shortfall would be covered. 

I am asking you to put our school children, the less fortunate, our nursing home residents, our universities, and public safety, as well as the hopes and aspirations of all Texans, first, and vote for our Senate budget.

Rodriguez bill clarifying wage theft passes

If you work four days, you should get paid for each day you worked.

That is the point of a bill by state Sen. Jose Rodriguez, D-El Paso, that cleared the state Senate on a unanimous vote this week.

The bill clarifies the Texas Penal Code to punish an employer for theft of service if the employer does not fully pay a contract worker and ignores a notice demanding payment. 

"This bill will strengthen current law to make sure that those who do the work, get paid what they were promised," Rodríguez said in a statement. "Although most employers follow the law, for those who think it's acceptable to only pay partial wages, we must make sure the law is clear and that they are held responsible."

Texas workers complain of receiving nearly $7 million in unpaid wages, according to the Worker's Defense Project.

A 2009 report by the University of Texas at Austin states that one out of every five workers experience wage theft in industries that include construction.  Another report by the UCLA Center for the Study of Urban Poverty 2006 says that about 50 percent of day laborers experience wage theft.

 

 

 

Alameda bill passes the Texas House

A bill that designates Alameda Avenue as a historic highway passed the Texas House Tuesday.

State Rep. Naomi Gonzalez, D-El Paso, said her bill could help garner future federal funding to renovate and revitalize Alameda Avenue, or State Highway 20.

The bill does not create a historic designation that would impact the zoning of existing businesses along the road but Gonzalez said it's "a small step in the right direction" as community leaders work to "generate opportunities for responsible growth and development."

Bill restricting puppy mills tentatively passes

Commercial dog and cat breeders must be licensed and pass state inspections under a bill that tentatively passed the Texas House on a 92-44 vote today.

The bill hit a stumbling block when freshman lawmaker David Simpson, R-Longview, knocked it off of the state’s local and consent calendar, which is reserved for legislation that has broad support and no fiscal implications.

El Paso’s full delegation voted in favor of the bill that was authored by state Rep. Senfronia Thompson, D-Houston.

Under the bill, dog and cat breeders with 11 or  more adult female animals, that are not spayed
and can reproduce, would have to pay a fee and be licensed by the Texas Department of Licensing and Regulation. They would also be inspected at least once every 18 months to guarantee that the animals are kept in humane conditions.

“Consumers have a right to buy healthy animals,” Thompson said. “They have the right to have animals that have been raised properly, treated properly and raised under humane conditions.”

Simpson, the bill’s most vocal opponent, said it establishes a “dog Gestapo.”

“I feel like we are moving in the direction of D.C.,” he said. “We’re regulating light bulbs and toilets and now we’re going to establish the pet police to come onto people’s property and even into their homes without a warrant.”

Lawmaker says bill "has nothing to do" with President

A bill that would require presidential and vice presidential candidates to show their birth certificates to the Texas Secretary of State before getting on the state ballot got a House Committee hearing last week.

Before the committee meeting, state Rep. Leo Berman, the bill's author, told the Dallas Morning News that his bill had "nothing to do" with President Barack Obama. During the meeting, he said he did not "want to bring president Obama into this hearing at all."

The comments made me dig up an old interview I had with Berman when he filed the bill. Back then, Berman said he was encouraged to file the bill because of rumors that the president was not born in the United States.

"I still haven't seen any of his university or school documents," Berman said in the interview. "I still haven't seen any passports that he used to go to Pakistan or wherever. I still haven't seen a genuine birth certificate and people who ask me about that tell me that he's already shown that and I ask where? I haven't seen it and I watch the news regularly."

Birthers, as they are known, claim that President Obama was not born in Hawaii. Those claims have been disputed in newspapers across the country. To read more visit FactCheck.org and PolitiFact.

Texas House Speaker Joe Straus at a TribLive event in March also disagreed with such claims.

"I have to take the governor of Hawaii at his word," Straus said. "I think it's silly. I think it's preposterous to attack President Obama on that basis when there are so many other good issues that Republicans can use."

 

 

Senate passes bill allowing UMC to hire doctors

University Medical Center of El Paso could soon be allowed to change hiring practices to tackle doctor shortages under a bill that cleared the state Senate Tuesday.

The bill—by state Sen. José Rodríguez—gives hospitals the ability to directly employ doctors, dentists and other health care providers.

Texas is one of five states in the country that bans the corporate practice of medicine. The reasoning given for the law— which requires most hospitals in the state to contract with health care providers—has been that a doctor’s primary concern should be the patient and not the hospital’s financial interests.

But Rodriguez said El Paso County needs doctors that can serve a population of more the 800,000, about a third of which is uninsured. The bill would allow the hospital to attract younger doctors who do not necessarily want to open their own practice but would rather work for a set salary, Rodríguez said.

“This enables us to attract doctors that want to work fulltime at University Medical Center and its clinics to deliver indigent healthcare to our community,” Rodriguez said, adding that such care has been “limited in many ways because of the lack of doctors in our area.”

El Paso County is below the statewide average in its number of doctors and dentists per 100,000 residents. Last year, the county had 116.5 doctors and 28 dentists for every 100,000 people, compared with the state average of 162.3 physicians and 45 dentists.

The Texas Medical Association and the El Paso County Medical Society joined the hospital district in support of the bill after requesting certain provisions. One would require that the hospital hire doctors to meet its primary mission of indigent care, not to compete with private physicians. Another provision would ensure that hired physicians only answer to a committee run by doctors.

Rodriguez’s bill is now headed to the House. A similar bill by state Rep. Naomi Gonzalez, D-El Paso, has passed the House and is now in the Senate.

If the measure passes into law, El Paso would be one of several hospital districts that directly employ physicians. The Legislature last session approved legislation that gave the Dallas County Hospital District the authority to hire 145 doctors for its community health centers.