Blog # 13 Reducing mercury emissions from electric generating facilities, and more

April 29, 2009

House Environmental Regulation Committee hearing

HB 4082 Farrar -Relating to reducing mercury emissions from electric generating facilities; providing for an administrative penalty.

This bill was the main reason I wanted to witness for the Green Party, in support, notified and motivated by  Karen Hadden of Public Citizen. Public Citizen's analysis of the potential benefits of the bill (From the e-mail notification alert.  See http://www.citizen.org) follows:

HB 4082 would clean up mercury from coal-burning power plants, reducing their emissions to 10% of what they emitted in 2002. This bill is intended to match the original mercury reduction for all coal plants required under the Clean Air Act. This is the goal that should have become the EPA mercury rule, and which was adopted in some states.

It's time to get real protections put in place! The lax EPA mercury rule (MACT) in 2005 was so bad that it was struck down in court.  

In Texas? TCEQ refused to do anything more than the lax federal rules, even though we could have done so, and some other states enacted strong mercury rules. The Texas Medical Association supports clean up of coal plant mercury emissions.

Mercury Puts Children (and adults) at risk:  Mercury is a toxic heavy metal.  Texas coal plants spewed 11,003 pounds of toxic mercury into the air in 2006, making us the worst state in the nation.  It is a powerful neurotoxin that is especially dangerous to developing fetuses and small children.  When released into the air it can eventually end up in water, where it accumulates in fish and other marine life, making them potentially harmful if eaten.  Mercury can lead to permanent brain damage in children. Impacts can include delayed walking,  sensory and speech deficits, attention and fine motor skill deficits, impaired visual-spatial abilities and memory,  and learning disabilities. There can also be impacts on kidneys and lungs.  One in six women of child-bearing age has high levels of mercury in her bloodstream, enough to potentially impact her developing child. In adult males, heart risks can be increased with mercury exposure.  Adults may also experience an inability to concentrate if exposed to mercury.  Research by Raymond Palmer, PhD and others at the UT Health Science Center San Antonio has found that children living next to a mercury polluter have a higher risk of developing autism.  Theresa Wrangham of SafeMinds states that ?mercury from all manmade sources needs to be eliminated immediately.

Cleaning Up Mercury Works

The amount of poisonous mercury in fish and birds in the Everglades dropped by more than 60% within a decade after clean up of mercury from waste incinerators. Mercury can be reduced if you regulate the source.  The technology exists for coal plants to clean up their mercury.  Controls on coal plants would equal about the cost of a cup of coffee per month to protect our children from brain damage.  

More info is online at www.seedcoalition.org/mercury_pollution.html

Other bills in the House Environmental Regulation Committee hearing, Green Party in favor:

SB 16 Averitt - Relating to the enhancement of air quality, including the capture and storage of carbon dioxide and development of a greenhouse gas registry, the development of emissions reduction technologies, and the improvement of energy efficiency in buildings, vehicles, and appliances; providing civil penalties.

HCR 177 Howard, D. - Directing state agencies to initiate emission reduction policies and programs in order to help Central and South Central Texas meet the 2008 National Ambient Air Quality Standard for ground-level ozone.

HB 4056  Allen - Relating to the establishment of a program for the collection, transportatin, recycling, ad disposal of mercury-added thermostats.

HB 3590 Burnam - Relating to the creation by the Texas Commission on Environmental Quality of an inventory of emissions of air contaminants from oil or gas production, transportation, or processing facilities.

HB 3591 Burnam - Relating to the control of emissions from crude oil and condensate storage tanks in certain areas of this state.

HB 4085 Farrar - Relating to monitoring air contaminants under the Texas Clean Air Act.

House Urban Affairs Committee hearing

HB 3165 Davis, Yvonne - Relating to prohibition of certain practices by owners of developments supported with low income housing tax credit allocations.

HB 2675 Davis, Yvonne - Relating to the establishment of the foreclosure prevention program.

House Ways & Means Committee hearing

HB 1735 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..

HB 3361 Villarreal - Relating to a study by the comptroller on the use of call options by state government as a hedge against inflation in the cost of commodities purchased by state government.

House NRG Resources Committee hearing

SB 598 - House review - Van de Putte - pilot revolving loan program at schools to retrofit photo voltaic solar panels and associated energy efficiency improvements.

SB 1973 - House review - Ellis - Relating to the creation and duties of the State NRG savings performance contract advisory council.

House Higher Education Committee hearing

HB 3135 - Gallego - Relating to a TEXAS grant pilot project to provide incentives for students to attend certain underutilized public institutions of higher education.

HB 3586 - Gallego - Relating to the Texas Academy of Fine Arts, Culture, and Sciences at Sul Ross State University.

Senate Jurisprudence Committee hearing

HB 2058 - Gallego - Senate review - Increase qualifications of lawyers representing indigent death penalty cases.

Important action alert:

From: Luke Metzger, Environment Texas Director <LukeM@environmenttexas.org>

Date: Wed, Apr 29, 2009 at 11:36 AM

Subject: Texas Senate Approves Half-Billion for Solar!

To: billstout@txgreens.org

Hi ,

Last week, the Texas Senate voted to create a $500 million fund to support solar power. This is great news, but already Big Oil and King Coal are gunning to kill renewable energy legislation. Don't let them!

Click below to e-mail your state legislators and urge them to pass several priority solar power bills.

http://www.environmenttexas.org/action/solar-power/email?id4=ES

Texas has what it takes to be a world solar leader. The state Legislature is currently considering incentives to install solar panels on half a million rooftops in the next 10 years. This would create an economic revolution, attracting billions in investment and creating tens of thousands of jobs.

Unfortunately, lobbyists for the oil and coal industries are aggressively lobbying against solar power legislation. If we don't act, these projects will go to other states. Please click below to send an e-mail telling your state legislators to pass these solar power bills.

http://www.environmenttexas.org/action/solar-power/email?id4=ES

Last week, the Texas Senate approved SB 545 (Fraser) to create a statewide solar rebate program that would create $500 million of incentives over the next five years. This is a great start, but in order to reduce pollution enough to avoid dangerous global warming, we need to do even more to promote solar. The Texas House will soon take SB 545 to a vote and may include additional incentives.

A Senate committee also approved SB 541 (Watson) last week, which sets a goal of generating 3,000 megawatts of our electricity from emerging renewable technologies such as solar.

The full Senate will consider the bill later this week. Tell them to vote for more solar power for Texas: http://www.environmenttexas.org/action/solar-power/email?id4=ES

Sincerely,

Luke Metzger

Environment Texas Director

LukeM@environmenttexas.org

http://www.environmenttexas.org

P.S.  Thanks again for your support.  Please feel free to share this e-mail with your family and friends.

Blog # 12 Paper Ballots & Ballot Access, and Peace Officers taking blood?

April 27, 2009

Another trip to the Elections Committee

HB 282  Anchia | Maldonado - Relating to the designation of certain election days as state holidays.  

Companion bill:  SB 138 by Ellis, Very Similar

HB 820 Ortiz, Jr. | Herrero - Relating to certain ballot access requirements.  

http://www.legis.state.tx.us/BillLookup/History.aspx?LegSess=81R&Bill=HB820

All new political parties are interested in getting this bill passed:  It would lower the necessary signatures on a petition to get a candidate on the ballot from 50,000 + (of likely registered voters) down to 500!  Support has been from the Libertarian Party, Constitution Party, Independent Texans, Green Party, and others looking to make it easier to get on the ballot in Texas and therefore be able to focus on the election, just like the Democrats and Republicans can (except they don't have to get any signatures to get on the ballot!).

This bill is still pending in committee - YOUR calls and FAXes to your Representatives on the Elections Committee are strongly encouraged!

http://www.legis.state.tx.us/Committees/MembershipCmte.aspx?LegSess=81R&CmteCode=C240

HB 1821 Davis, John - Relating to requiring a voter to be affiliated with a political party to vote in that party's primary election or otherwise participate in that party's affairs.

The simplified explanation for this bill is that in primary elections there have been cases where members of another political party have "jumped" affiliation at the last minute in order to vote for the weaker candidate or one that is closer related views to their own party in order to add additional votes against the candidate, and therefore attempt to defeat him/her in the primary election, that is potentially the stronger candidate with the result of electing out of the Primary the weaker opposing candidate to run against their "home" party in the general election.  The designation of a political party would be visible on the voter registration card. 

HB 4653 Howard, Donna - Relating to certain election practices and procedures relating to the conduct of elections; providing penalties.  THE "TX HAND-COUNTED PAPER BALLOT BILL OF 2009,"  

http://www.voterescue.org/VRNewsArticles/HB4653Followup1.htm

http://coalition4visibleballots.homestead.com/index.html

Public Safety Committee

HB 823  Turner, Sylvester | Rodriguez | Edwards  - Relating to the authority of a peace officer to take a blood specimen from a vehicle operator to test for alcohol concentration or other intoxicating substances.

YES, in Favor:   Restrict a peace officer from taking blood!  Below is the bill analysis by the Texas Legislative Service:

BACKGROUND AND PURPOSE 

Currently in Texas there is an increasing trend of law enforcement agencies implementing "no 

refusal" policies in an effort to increase conviction rates for suspected DWI violations. A "no 

refusal" policy results in an arresting officer obtaining a search warrant to obtain a blood 

specimen when a suspect refuses to give a breath specimen. Often these search warrants contain 

predrafted, boilerplate language so that the officer can obtain a blood specimen as close to the 

time of arrest as possible.  

 

The current law states that only a physician, qualified technician, chemist, registered 

professional nurse, or licensed vocational nurse may take a blood specimen. One method law 

enforcement agencies who have implemented "no refusal" policies have used is taking suspects 

to local hospitals and having nurses draw the blood specimens. Many hospitals have expressed 

concerns with liability, lack of resources, and inappropriate use of emergency room facilities and 

staff, and in some instances have asked the law enforcement agencies to stop bringing suspects 

to their emergency rooms. This has led some law enforcement agencies to train their officers in 

phlebotomy, or the practice of drawing blood. Sometimes all that is needed for such training is a 

20-hour course. Once this training is complete, the agencies are claiming that their officers are 

qualified technicians under the current law.  

 

A law enforcement agency's goal is to protect and serve. This task is often accomplished with 

little resources. Asking officers to draw blood keeps them from performing their primary duties. 

Police officers are not properly trained in medicine even if they complete phlebotomy training. 

This policy undermines public safety, diminishes community trust in law enforcement, and could 

expose police departments to increased liability. 

 

H.B. 823 prohibits a peace officer from taking a blood specimen from a motor vehicle operator 

to test for alcohol concentration or other intoxicating substances regardless of whether the officer 

is a member of the medical profession a chemist, or a qualified technician authorized to take a 

blood specimen in such a situation.

The bill passed out of committee by vote 7-0 and was referred favorably to Calendars Committee!

Blog # 11 EarthDay - NO more water for Nukes! And Help for homeowners: Lemon Law (H.O.B.B.) - Plus, several good bills supported at Ways & Means

April 22, 2009

Environmental Regulation Committee

HB 2721  Relating to the procedure used by the Texas Commission on Environmental Quality in acting on certain applications for a permit, permit amendment, or permit renewal for a nuclear electric generation facility.

Following is background on the bill from SEED Coalition.Org and their action alert e-mail list-serve:

HB 2721 threatens to fast-track water permits for nuclear plants, which use vast quantities of water. Water is precious, and Governor Perry has just requested federal aid for all 254 counties in Texas due to a statewide drought. Water permits should be given careful scrutiny, and not be rushed. The bill would actually deny citizens the right to a contested case hearing for these water permits!

HB 2721 Authors:  Dan Flynn (NE Texas),  Bill Callegari (Katy),  Phil King (Weatherford), Tim Kleinschmidt (Bastrop area), Randy Weber(Pearland, his district includes Bay City - home of South Texas Nuclear Project)

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Nuclear plant water use:

Nuclear plants consume vast quantities of water. If built, the two proposed nuclear reactors at Comanche Peak would use 104,000 lake acre/

ft per year and roughly 2/3 of the water evaporates.  Other nukes are equally bad. NRG wants two more reactors at the South Texas Project as well.

Each proposed Comanche Peak reactor would use 30,000 gallons of water per minute.  The water becomes laced with biocides, algaecides, sediment control and pH adjustor chemicals for use in a reactor. Some, but not all of this water would be treated, and would be returned to the already contaminated reservoirs. Radioactive tritium from nuclear reactors can contaminate water.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Democracy and citizen rights:

It would also deny citizens the right to a contested case hearing!  There is no excuse for not allowing citizens to have a hearing on these water permits at the State Office of Administrative Hearings.  Often permits are improved greatly through this process, and it doesn't take long.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

No energy crunch, no need to rush:

We're not in a crunch for energy that justifies the fast-tracking in the bill either.  Luminant (TXU) is set to retire up to 3800 MW of gas plants. Some are old and dirty and should retire, but some are relatively new combined cycle plants. ERCOT has said the grid will be fine with the first round of these retirements - 2100 MW, and it's likely that they'll later OK the full package. They wouldn't approve these gas plant retirements this if there were a serious demand problem. In fact, with the economic downturn, it's time that the state projections of growth in electric demand be re-examined.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Tell Environmental Regulation Committee Members - Vote NO on HB 2721!

Chair: Rep. Byron Cook, Corsicana

(512) 463-0730   byron.cook@house.state.tx.us

Vice Chair: Rep. Warren Chisum, Pampa

(512) 463-0736   warren.chisum@house.state.tx.us

Rep. Lon Burnam, Ft. Worth

(512) 463-0740  lon.burnam@house.state.tx.us

Rep. Jim Dunnam, Waco

(512) 463-0508   jim.dunnam@house.state.tx.us

Rep. Jessica Farrar, Houston

(512) 463-0620   jessica.farrar@house.state.tx.us

Rep. Kelly Hancock, Ft. Worth

(512) 463-0599  kelly.hancock@house.state.tx.us

Rep. Ken Legler, Pasadena

(512) 463-0460   ken.legler@house.state.tx.us

Rep. Marc Veasey, Ft.  Worth

(512) 463-0716  marc.veasey@house.state.tx.us

Rep. Randy Weber, Pearland

(512) 463-0707  randy.weber@house.state.tx.us

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Many thanks,

Karen

Karen Hadden,  Executive Director

Sustainable Energy & Economic Development (SEED) Coalition

1303 San Antonio, Suite 100

Austin, Texas 78701

cell: 512-797-8481

office: 512-637-9481

www.CleanEnergyforTexas.org

www.StoptheCoalPlant.org

www.NukeFreeTexas.org

Also supported in the Environmental Regulation Committee

HB 721 Rep. Donna Howard | Moody | Naishtat | Farrar - Relating to permitting procedures of the Texas Commission on Environmental Quality for control of air pollution.

Excellent analysis of this bill can be found on the Alliance for a Clean Texas (ACT) website 

http://www.acttexas.org/category/hb-721/

Representative Donna Howard’s HB 721 addresses one of the more difficult challenges in the fight for clean air: keeping affected counties (areas that are designated as having poor air quality under the Texas Emissions Reduction Plan but have not yet reached non-attainment status) from going into non-attainment. Translation: cities such as Waco, Austin and San Antonio are not in the same category for air quality monitoring and measures as are Dallas, Fort Worth and Houston, but they’re on what amounts to a watch list. All three cities and surrounding counties are fighting to keep from going into non-attainment. However, the permitting process in affected areas currently does not require assessing the cumulative impact of proposed power plants on the area’s ozone level.

SB 16 has measures that will require cumulative impact analysis for any new power plants proposed to be built in non-attainment areas - an absolutely necessary tool for these areas which are at risk of losing federal highway funds as the result of non-compliance with federal clean air standards. However, what’s missing in the Texas clean air picture are better permitting rules that will help other cities keep their air quality from deteriorating.

There’s a real irony at work here: a city must have a severe air quality problem before it qualifies for the type of measures that could have kept its air quality from deteriorating in the first place. And at that point, the things it must do have become far more costly and difficult than they would have been if the factors that were contributing to the ozone problem had been addressed before reaching this critical point.

ACT strongly supports HB 721 because it would require power plant permits in affected areas to include air quality impact analysis. Additionally, HB 721 would allow public review and comment on ozone air quality impacts analysis.

(Isn’t an ounce of prevention supposed to be worth a pound of cure?)

Licensing & Administrative Procedures

HB 3182 The Texas Home Lemon Law - by Rep. Sinfronia Thompson -  Relating to consumer protection for and remedies available to a homebuyer whose home does not comply with certain warranties; providing an administrative penalty.  

In partnership with HomeOwners for Better Building (H.O.B.B.) the Green Party is in favor of the abolishment of the Texas Residential Construction Commission (TRCC) - See Blog # 9 for additional references and information.

From the HomeOwners for Better Building website:

Background Information:  If the Texas Residential Construction Commission (TRCC), which is under Sunset Review, is not to be abolished, it must be substantially overhauled so that it may begin protecting Texas homeowners from unscrupulous builders.  Consumer groups have developed ten specific reforms that would enable the TRCC to become of use to Texas homeowners and to justify its continued existence: 

1.   Make the state-sponsored inspection and dispute resolution process voluntary

2.   Make the state-sponsored inspection and dispute resolution free 

3.   Make the Star Builder program mandatory for all large builders, with the accompanying requirement that builders must be bonded 

4.   Move the TRCC under the Department of Licensing and Regulation

5.   Allow the third-party inspector’s recommendation to include a dollar amount that would cover the homeowner’s repair expenses and allow the TRCC to require the builder to pay that amount 

6.   Create a private cause of action against any builder who violates a TRCC rule and allow the TRCC to assess a substantial penalty for violation
 
7.   Allow consumers to post questions to the TRCC Web site that are immediately visible to the public and become a permanent, searchable section of the State Web site.  Require the TRCC to post responses within a certain timeframe on the message board.  All comments will be public.  Record and make available to the general public on a consumer-friendly agency website all complaints by builder’s company name and builder’s agent name and city.  Detailed information should be available 

8.   TRCC revenue surplus to be put in a State Victim Recovery Fund to pay for warranty repairs, legal representation for consumers

9.   Allow the TRCC to revoke or suspend a builder’s license if he engages in a single violation resulting in disciplinary action

10. Require those who are licensed to keep records for ten years after completion of project, thus keeping them accountable for their work

I made a point of also attending the Ways & Means Committee to witness For eighteen additional bills and Against two:

HB 799 Lucio III | et al. - Relating to an exemption from the sales tax for certain renewable energy devices.

HB 880 Strama | et al. - Relating to the exemption from ad valorem taxation of certain energy efficiency-related improvements to real or personal property.

HJR 47 Strama | et al. - Proposing a constitutional amendment authorizing the legislature to exempt from ad valorem taxation certain energy efficiency-related improvements to real or personal property.

HB 1140 Truitt - Relating to a franchise tax credit for the purchase and installation of solar energy devices connected to an electric transmission or distribution system.

HB 1361 Anchia | et al. - Relating to the imposition of a fee for certain plastic bags provided to customers by retailers.

HB 1417 Leibowitz | et al. - Relating to an exemption from the sales tax for certain renewable energy systems and related equipment.

HB 1751 Leibowitz - Relating to an exemption from ad valorem taxation of a renewable energy device, structure, facility, or system installed or constructed on residential property, land designated for agricultural use, or open-space land devoted to farm or ranch purposes for the generation of energy for use in connection with the property.

HJR 72 Leibowitz - Proposing a constitutional amendment to authorize the legislature to exempt from ad valorem taxation of a renewable energy device, structure, facility, or system installed or constructed on residential property, land designated for agricultural use, or open-space land devoted to farm or ranch purposes for the generation of energy for use in connection with the property.

HB  1936 Villarreal - Relating to the authority of the governing body of a municipality to exempt a portion of the value of a residence homestead from ad valorem taxation if the homestead meets certain energy efficiency standards.

HJR 75 Villarreal - Proposing a constitutional amendment authorizing the governing body of a municipality to exempt a portion of the value of a residence homestead from ad valorem taxation if the homestead meets certain energy efficiency standards.

HB 2150 Kleinschmidt - Relating to the eligibility of land for ad valorem tax appraisal as qualified open-space land.

HB 2184 Leibowitz - Relating to a franchise tax credit for building new single-family homes or duplexes hat exceed certain energy efficiency standards.

HB 2226 Parker - Relating to exemptions from the sales tax for certain solar and wind energy devices.

HB 3098 Bolton - Relating to the use of hotel occupancy tax funds for the construction and maintenance of a children's playground located in a general law city.

HB 3272 Howard, Donna - Relating to the eligibility of land for ad valorem tax appraisal as recreational, park, or scenic land on th basis of a restriction contained in a probated will.

HB 3965 Dunnam - Relating to the exemption from a valorem taxation for certain property used to control pollution.

HB 4639 Lucio III - Relating to a franchise tax credit for certain investments made in relation to certain renewable energy technology systems.

HJR 141 Coleman - Proposing a constitutional amendment to provide property tax abatement for home and business owners who install solar panels on their homes or businesses.

Against:

HB 797 Lucio III - Relating to exempting fuel ethanol derived from cellulosic biomass and blended with gasoline from the motor fuels tax.

HB 4166 Callegari - Relating to the provision of severance tax credits and exemptions and other incentives and procedures for producing oil from certain wells.

Blog # 10 Another day with the Committee on Elections

April 20, 2009

Against HB 1780 Hochberg - relating to the use of a driver's license or identification card issued by the Department of Public Safety in voter registration.

I witnessed the Green Party against this bill because I felt that, again, this was yet another attempt at a Voter I.D. approach which would not only serve as an additional cost to those not driving, seniors, minorities without birth certificates, etc., i.e. all the same reasons I have already written and others have observed against a Voter I.D.

Against HB 1892  Berman -Relating to nominations by primary election by all political parties.

I witnessed against this bill - This was the bill that the libertarians had identified as a possible way in which to financially cripple New Parties by forcing them to hold a primary election (I have chosen to take up the monicker of referring to so-called 3rd parties as new, in order to connote alternative instead of 3rd place or "3rd world")

Here is Patrick Dixon's written testimony that he had sent out prior to the committee hearing:

Dear members of the Elections Committee, 

The Libertarian Party of Texas respectfully opposes HB 1892.  I will address specific concerns to demonstrate why you should not vote to send this bill forward. 

The premise of this bill is that unless candidates pay for a primary, they are getting a free ride onto the ballot.  This premise is completely false.  Fees paid by candidates to enter a primary election go to a dedicated fund to help pay for the primary.  Of particular note: 

• These funds do not cover the taxpayer burden of funding the primaries.  The funds paid by these 

candidates cover a portion of the overall costs. 

• None of these funds pay for the general election.  There is no advantage or unfairness to a candidate that appears on the general election ballot without imposing the burden of a primary on the taxpayer. The election code also provides for candidates to be nominated by a convention instead of a primary.  The cost of a convention is borne completely by the candidates and 

organizations conducting the nomination.  The burden on taxpayers for a convention is zero. 

Further, I must point out that the cost for a party to qualify for the ballot in Texas is

approximately a quarter million dollars.  It is indeed an inequity for minor parties to have such a high financial hurdle simply to appear on the ballot.  This is clearly not a free ride as 

Texas has some of the most prohibitive and restrictive ballot access laws in the United States. 

The ability to allow candidates and organizations to be compassionate toward the taxpayers of Texas and fully accept the financial and logistical burden of holding conventions in accordance with the election code would be abolished by passage of this bill.  

I trust that I have sufficiently refuted the free rider premise of HB 1892 at this point. 

Additionally, HB 1892 would place a tremendous organizational burden on minor parties. Primaries may be an appropriate mechanism for large parties with thousands of organizational employees and party officials throughout the state, but primaries are not appropriate for smaller parties that do not have that kind of extensive structure. I want to add, the Libertarian Party of Texas has never advocated that the Republican and Democratic parties should be forced to use primaries. As far as we're concerned, the major parties should be allowed to make nominations however they wish. 

HB 1892 would also rob us of an important option. Unlike the major parties, Libertarian Party rules allow us to refuse to make a nomination for an office, even if candidates have filed for that office. In every election year, we have used this option to avoid making nominations when candidates did not represent our party well. However, if we were forced to use primaries, then we would lose this option, and we would be forced to put a candidate on the general election ballot whenever a person filed. I can imagine that the major parties might try to strategically file non-Libertarians in a Libertarian primary, in order to interfere with the other party's nominee in the general election. 

In conclusion, I believe I have provided sufficient reasoning for you not to approve HB 1892.  There are many bills that are more deserving of deliberation in calendars and the house floor than HB 1892. 

 

Yours in Liberty, 

Patrick J. Dixon 

Chair, Libertarian Party of Texas 

The next day Patrick  Dixon wrote to thank everyone who came to the Elections Committee hearing in support of defeating this bill, stating that Rep. Berman pulled the bill late in the evening, presumably because of the large number of people and organizations against it!

Other election committee bills witnessed:

For HB 2468 Rodriuez - Relating to public access to the examination and approval of voting systems used in an election.

I witnessed in favor for this bill,  because PUBLIC access is always a good thing, especially when it comes to elections and voting systems!

For HB 2524 Anchia - Relating to the accuracy, security, and reliability of certain electronic voting systems.

I witnessed in favor of this bill because I felt it points to the fact that there are problems with voting with non-verifiable computer voting machines.  I know Rep. Anchia is aware of where there has been identified systemic fraud - he spoke at www.davidhasissues.com on the Voter I.D. bill(s) and spoke about real instances/circumstances of voting fraud.  However, in the Green Party alliance with the Voterescue.org folks I was later reminded that they were against this bill feeling that ALL computer voting machines arrive "pre-hackable".  

And don't let down your guard - Voter I.D. legislation is still out there, waiting to lift up it's ugly head....

Blog # 9 Homebuilder Reform Lobby Day -

April 9th, 2009

I met with HomeOwners for Better Building (H.O.B.B.) president Janet Ahmad concerning the State regulatory agency sunset process.  Several bills are coming up to abolish or reform the Texas Residential Construction Commission.  

From the HomeOwners for Better Building lobbying materials:

Reform is essential for the Texas Residential Construction Commission

The Sunset staff recently concluded that the Texas Residential Construction Commission (TRCC) is not only an unnecessary barrier to the resolution of disputes between homeowners and builders, but is also a stacked process that does more to protect the interests of the homebuilding industry than those of Texas taxpayers, homeowners, and consumers.  Three points from th Sunset staff report accurately summarize the situation with the TRCC:

"...Protecting practitioners is not the rationale for involving the owner of the State, nor is it the benchmark for evaluating te need for regulation.  rather, unless otherwise specified, the need for regulation centers on protecting the public."

:By not ensuring the competence and financial responsibility of builders in Texas, the regulations do not prevent unqualified persons from entering the field and thus are not designed to prevent problems from occurring."

"The overall regulatory approach to the residential construction industry contributes to a significant consumer concern about the commission.  Consumers see a State Inspection Process that is ineffective in fixing the identified construction defects.  They see a builder registration program that s not based on qualifications and cannot help prevent problems before they occur.  They see an enforcement process that cannot effectively sanction problem builders because of the shell game of naming a new designated agent.  Finally, if they opt out of an administrative process they feel has failed them, they see diminished access to the courts."

If the TRCC is not to be abolished, it must be substantially overhauled so that it may begin protecting Texas homeowners from unscrupulous builders.  The following reforms are absolutely essential if the TRCC is to become of use to Texas homeowners and thereby justify its continued existence:

1.  Make the state-sponsored inspection and dispute resolution process voluntary

2.  Institute meaningful standards for who can become a builder, including experience and bonding requirements.

3.  Create meaningful accountability so that bad builders are punished and all builders are deterred from taking advantage of homeowners.

4.  Improve the TRCC's reporting of bad builders so that prospective homeowners may see the number and type of complaints filed against all builders, just as is done on the Department of Insurance's website.

BILLS FILED TO IMPROVE HOMEBUILDER ACCOUNTABILITY (list provided by H.O.B.B.) -

HB 1635 by Rep. Todd Smith - to abolish the TRCC

HB 311 by Rep. Leibowitz - Would remove all fees paid by the homeowner under the TRCC

HB 1653 by Rep. Veasey - Creates optional licensing for home builders

HB 2095 by Rep. Farrar - Removes all fees paid by homeowner under the TRCC, requires builders to carry a bond that protects the homeowner, creates mandatory experience requirements for builders, adds new grounds for disciplinary actin against bad builders.

HB 2896 by Rep. Leibowitz - Prohibits the inclusion of mandatory arbitration clauses in contracts for new homes unless the homeowner specifically requests it.

HB 3019 by Rep. Leibowitz - Requires builder of a new home to give buyer all of the building plans.

HB 3629 by Rep. Todd Smith - Changes the TRCC to a licensing agency, abolishes SIRP, requires bonding of builders, moves regulation of warranty companies to Texas Department of Insurance.

HB 3871 by Rep. Veasey - Creates a recovery fund for homeowners ad makes the executive commissioner of the TRCC a governor-appointed position.  Relating to the operation of the Texas Residential Construction Commission; providing an administrative penalty.  Creates reforms for qualifications, term limits and financial connections for the Commissioner and Commission board members.

HB 3182 "Lemon Law" by Rep. Sinfronia Thompson -  Relating to consumer protection for and remedies available to a homebuyer whose home does not comply with certain warranties; providing an administrative penalty.

For further information, check out the website

HomeOwners for Better Building

http://www.hobb.org

Janet Ahmad, President

210-494-6404

Local Austin activism:

And, following the lobby training session, Allissa Chambers of Austinites Lobbying for Municipal Accountability (ALMA) and I attended the Austin City Council and Mayoral candidates forum at the Mexican American Cultural Center.  Later that day, in the early evening, we also attended the Environmental candidate forum held at City Council Chambers at City Hall.

State and local lobbying, all in one day!

Blog # 8 Voter I.D. bills, Public Health and Natural Resources Committees

April 7, 2009

Voter I.D. bills, Public Health and Natural Resources Committees:

Before I headed over to the Reagan Building for the Voter I.D. partisan debate/battle, I got to the House Public Health and Natural Resources Committee meetings to witness for the Greens:

House Public Health Committee hearing

For HB 1386 by Yvonne Davis - Relating to the reporting of health care-associated infections at health care facilities.

Rationale:  Additional transparency of information, especially in the healthcare field, is always a benefit for the public!

For HB 3755 by Donna Howard - Relating to the period for which a prescription written for a Medicaid recipient is valid.

Provides for the consistency between state and federal regulations.

For HB 40 by Corte - Relating to regulations on certain complementary and alternative health care services.

Protection against consumer fraud in alternative medical practices.

For HB 3259 by Naishtat - Relating to the creation of the Council on Children and Families and the Children's Behavioral Health Council.

Bill analysis by the House Research Organization:  C.S.H.B. 3259 establishes the Council on Children and Families to be administered through the Office of Program Coordination for Children and Youth in the Health and Human Services Commission. The bill requires the commissioner or executive directors of each state agency serving children and youth to be a member of the council and sets forth the required duties of the council.  The bill also establishes the Children's Behavioral Health Council to provide a coordinated, comprehensive, interagency approach to the development and delivery of behavioral health services to children. 

For HB 4341 by Truitt - Regulation of discount health care programs by Texas Department of Insurance.

Proposed legislation for consumer protection against discount health care companies.

Following is the analysis provided by the House Research Organization:  

Discount health care program members pay fees, dues, or other charges to receive discounts on health care services, such as dental and vision care. These programs are not considered insurance.  

 

In 2007, the 80th Legislature enacted HB 3064 by Delisi, which established Health and Safety Code, ch. 76 providing for the regulation of  

discount health care programs. The Texas Department of Licensing and Regulation (TDLR) registers and oversees discount health care programs, 

including the collection of fees and imposition of disciplinary actions and penalties. Discount health care programs are subject to marketing, 

disclosure, contract, and operational requirements. Remedies for violations of discount health care program regulations may be sought under the Deceptive Trade Practices Act. 

 

DIGEST: As of April 1, 2010, CSHB 4341 would repeal Health and Safety Code, ch. 76 regulating discount health care programs under TDLR and would transfer registration, oversight, and enforcement duties related to these 

programs to the Texas Department of Insurance (TDI). The bill would define and prohibit unfair or deceptive acts or practices in the discount HB 4341 

health care program business. Certain marketing, consumer disclosure, provider contracting, and operational requirements from repealed Health and Safety Code, ch. 76 substantively would be re-established under new Insurance Code, ch. 562.

House Natural Resources Committee hearing

Against HB 604 by Farabee - Relating to projects that may be undertaken by certain development corporations in connection with water conservation programs.

In my opinion a slippery slope has been benefiting development corporations which have undue access to public funding, via so-called 'public-private partnerships', and are focused purely on a profit motive.  Water must be a public right and not a "resource" that can be manipulated by for-profit 'development' corporations, and therefore needs to be overseen by a public entity.

House Elections Committee hearing:  Voter I.D. bills - Against all:

The Green Party of Texas is against the voter I.D. bills produced by the Republican Party, because it is a manufactured solution needing a problem.  Documented voter fraud exists in the use of mail-in ballots; systemic fraud was witnessed by the nation in the 2000 and 2004 (s)elections.   The Green Party welcomes true systemic voting system reforms identified by Vincent Bugliosi in his book They used to call it Treason, and the Conyers Report, What went wrong in Ohio, the investigation after the 2004 presidential (s)election.  The so-called Voter I.D. bills can disproportionately disenfranchise senior citizens, minority groups, the poor, those born to midwives outside of a hospital system, and citizens in rural areas.

Against SB 362 by Fraser - Relating to requiring a voter to present proof of identification.

Against HB 125 by Brown - Relating to requiring a voter to present proof of identification.

Against HB 2335 by Heflin - Relating to fees charged for issuance by a state or local governmental entity of identification that may be presented to be accepted to vote.

Against HB 3556 by Bonnen - Relating to requiring a voter to present proof of identification.