Texas Greens Weblog

Blog # 16 The List

2009-06-11T13:22:00.000-07:00

Summary List of 81st Legislature Bills In favor and Against.

Final lobby effort results.

After 140 days (no where near enough time to consider the important and unresolved legislation that died via political machinations, no matter what the House Speaker may say - more on this in my next blog), many meetings, negotiations and a great deal of energy expended (including much ceremonial Hoo Hah), the 81st Texas Legislature has finished - except for the as yet unscheduled "Special Session" to complete the sunset reviews for TxDOT, TDI and other agencies, the agency renewal bills not making it to the floor for a vote because of the Republican insistence to force the undemocratic Voter I.D. bill.

Following are the bills I witnessed for and against which cover many of the issues Greens represent.

As a guide to my notes following, the result for each bill is below the bill number in BOLD. I also put in BOLD the bill numbers of the legislation that made it all the way to the Governors signature.

Bills ended their tenure at several steps in the legislative process: 1) referred to a committee, 2) left pending in committee, 3) considered in calendars (there are three different calendar committees, 4) some step in the printing/reporting process before or after calendars, 5) referred to one house or the other, and 6) sent to the Governor for signing, and 7) signed by the Governor. Please refer to the Texas Legislature on-line "How a bill becomes law" to answer your questions in the step-wise process http://www.tlc.state.tx.us/gtli/legproc/process.html

Or you can look up a bill on the website http://www.legis.state.tx.us/ and click on "bill stages" to see how far along the bill moved.

My next blog will be a review of my experiences and observations of/at the legislature and my impressions of high and low points.

Stay tuned!

In Favor

HB 820 Ortiz, Jr., Ballot Access - Relating to certain ballot access requirements.

Left pending in committee 4.27.09

(Lobbied/requested staff Re-filing) HB 2209 Proportional voting - Instant Runoff Voting - Filed by Rep. Rodriguez in the 80th Legislative Session.

Was not re-filed.

(Lobbied/requested staff Re-filing) HB 2280 Primary Screen-Out - Filed by Rep. Strama in the 80th Legislative Session.

Was not re-filed.

HB 682 Farrar | Hodge | Marquez, Abolition of Death Penalty.

Left pending in committee 3.12.09

HB 164 Naishtat | Coleman, Relating to the medical use of marihuana.

Referred to Public Health, 2.12.09

HB 741 Castro | Strama | Villarreal | Farrar | Allen Relating to health education curriculum and instruction in public schools (Accurate Sex Education in Schools) Companion bill: SB 515 by Ellis, Identical

Left pending in committee 3.31.09

HCR 75 Lucio III | Alonzo | Burnam Urging congress to explore alternatives to border security in South Texas other than the fencing described in the Secure Fence Act. Alternatives to (Mexico) Border Fence.

Considered in Calendars - 052409

HB 595 Leibowitz | Rodriguez Relating to a restriction on permits authorizing discharges of sewage effluent into any water in the contributing or recharge zone of the San Antonio or Barton Springs segment of the Edwards Aquifer.Restrict permits for sewage effluent into Edwards Aquifer.

Left pending in Committee 031709

HB 1508 Bolton Relating to a restriction on permits authorizing direct discharges of waste or pollutants into water in certain areas associated with the Barton Springs segment of the Edwards Aquifer. Restrict permits for direct discharge of pollutants into Edwards Aquifer

Committee Report sent to Calendars 042808

HB 538 Villarreal | Cohen Relating to the prohibition of employment discrimination on the basis of sexual orientation or gender identity or expression. Prohibit employment discrimination on basis of sexual orientation....

Referred to State Affairs 021809

HB 353 Rodriguez | Cohen | Farrar Relating to certain health care rights of domestic partners. Domestic partners medical and funeral decisions

Referred to Public Health 021709

HB 1455 Howard, Donna Relating to the award of attorney's fees, costs, and certain damages in a proceeding to revoke a medical power of attorney.

Referred to Public Health 030209

HB 861 Naishtat | Cohen | Strama | Thompson Relating to the authority of certain university systems to provide benefits to certain qualified individuals. University benefits for employees and faculty and their dependents.

Left Pending in Committee 041409

HB 197 Alonzo Relating to prohibition of certain insurance discrimination. Insurance discrimination

Referred to Insurance 021209

HB 1323 Strama | Gonzales | Anchia | Lucio III | Pierson Relating to bullying and harassment in public schools. relating to bullying and harassment in public schools.

Placed in General State Calendar 050809

HB 616 Veasey | Thompson | Anchia | Vaught Relating to a study regarding the effectiveness of the James Byrd Jr. Hate Crimes Act.

Committee report sent to Calendars.

HB 682 Farrar | Hodge | Marquez Relating to abolishing the death penalty.

Left pending in subcommittee 031209

HB 297 Dutton Relating to the abolition of the death penalty.

Left pending in subcommittee 031209

HB 4299 Rose Relating to rainwater harvesting and other water conservation initiatives. Rainwater Harvesting incentives

Placed on intent calendar

HB 171 Olivo, Relating to consideration of mitigating factors in determining appropriate disciplinary action to be taken against a public school student. SB 2270 Gallegos, Identical.

Sent to the Governor 060309

HB 172 Olivo, Relating to the right of a parent of a public school student to prompt notice of certain disciplinary action taken against the student.

Placed on General State Calendar 051309

HB 943 Dutton, Relating to disciplinary actions imposed on public school students who disrupt the conduct of class or other school activities.

Referred to Public Education 022309

HB 850 Eissler, Relating to repeal on a periodic basis of the provisions of Titles 1 and 2 of the Education Code to provide for legislative review of the primary state statutes governing public education.

Left pending in committee 031009

HB 2267 Hodge - Dutton - "Law of Parties" - Relating to the joint or separate prosecution in capital felony cases.

Left pending in sub-cmte 3.19.09

HB 304 Dutton - "Law of Parties" Relating to the extent of a defendant's criminal responsibility for the conduct of a co-conspirator in certain felony cases.

Left pending in sub-cmte 3.23.09

HB 1739 Donna Howard, Relating to a recognition week to celebrate Texas native plants.

Sent to the Governor 053109

HB 2088 by Donna Howard, Relating to increasing public awareness of the benefits of native plant species.

05/11/2009 H Placed on General State Calendar

SB 126 Ellis - Relating to a temporary moratorium on authorizations for certain coal-fired electric generating facilities.

03/24/2009 S Left pending in committee

HB 977 by Burnam, Relating to use of the money from the Texas enterprise fund to promote renewable energy technology. Identical bill by Wendy Davis, SB 878 05/12/2009 H Considered in Calendars

HB 1243 by Gallego | Farabee | Solomons | Swinford | Coleman, Relating to net metering for retail electric service customers and compensation for excess electricity generated by a retail electric customer's on-site generator.

05/30/2009 H Statement of Leg. Intent Recorded in Journal

HB 1643 by Farabee, Relating to net metering for retail electric service customers and compensation for excess electricity generated by certain renewable energy technology generators.

03/31/2009 H Subcommittee members named

HB 722 Donna Howard - Relating to the authority of certain municipalities to regulate the location of facilities to supply drinking water.

05/08/2009 H Corrected comm. rept. sent to Local & Consent

HB 892 Villarreal, Naishtat - Relating to the Women's Health Program. Pending in Committee. SB 594 Van de Putte, identical

04/24/2009 H Committee report sent to Calendars

HB 1627 Naishtat, Walle - Relating to Low-Income Home Energy Assistance Program payments to assist certain households receiving food stamp benefits.

04/30/2009 H Committee report sent to Calendars

Hse Resolution 680 Naishtat - In memory of William Judson Holloway III, co-chair of the Travis County Green Party.

04/01/2009 H Reported enrolled

HB 1768 Branch, Homer - Relating to the elimination of straight-party voting. SB 317 Wentworth, identical / HB 135 Straus, duplicate.

03/30/2009 H Left pending in committee

HB 3369 Rose - Relating to the use of prohibited electronic devices at polling locations. Allows recognized/certified news reporters (including those principally reporting from the Web) access in polling stations.

03/30/2009 H Left pending in committee

SB 1850 Shapleigh, Zaffirini co-author - Relating to the establishment of a home- and community-based services workforce council. Reported favorably w/o amendments, recommended for local & uncontested calendar, cmte report printed & distributed. HB 3263 Naisthtat [identical]

5/22/2009 H Motion to suspend rules fails

HB 1323 Strama, Gonzales, Pierson - Relating to bullying and harassment in public schools.

05/08/2009 H Placed on General State Calendar

HB 1567 Villarreal - Relating to abstinence education in public schools. Pending in Committee. SB 1076 Van de Putte, identical.

03/31/2009 H Left pending in committee

HB 741 Castro, Strama, Villarreal, Farrar, Allen - Relating to health education curriculum and instruction in public schools. Pending in Committee. SB 515 Ellis, identical. 03/31/2009 H Left pending in committee

SB 1363 Shapiro - Relating to clarification of the essential knowledge and skills of the public school curriculum and the evaluation of conforming curriculum management systems. Pending in Committee., then set for new Public Hearing on 04/02/09. HB 2155 Edwards, identical.

05/19/2009 H Committee report sent to Calendars

SB 1459 Shapiro - Relating to education initiatives for students of limited English proficiency and students at risk of dropping out of school.

04/30/2009 H Referred to Public Education

SB 1460 Shapiro - Relating to professional development academies designed for public school teachers who provide instruction to certain students of limited English proficiency.

Passed Senate Education Committee. 04/30/2009 H Referred to Public Education

HB 1635 Todd Smith - Relating to the abolition of the Texas Residential Construction Commission.

03/31/2009 H Left pending in subcommittee

HB 2243 Leibowitz - Relating to the licensing and regulation of residential construction contractors and the abolition of the Texas Residential Construction Commission; providing a criminal penalty.

03/31/2009 H Left pending in subcommittee

HB 2695 Gattis - Relating to the abolition of the Texas Residential Construction Commission.

03/31/2009 H Left pending in subcommittee

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!

04/07/2009 H Left pending in committee

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.

05/11/2009 H Placed on General State Calendar

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

(Protection against consumer fraud in alternative medical practices.)

04/07/2009 H Left pending in committee

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.

04/24/2009 H Committee report sent to Calendars

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.)

05/26/2009 E Sent to the Governor

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!

04/20/2009 H Left pending in committee

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". 06/03/2009 E Sent to the Governor

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

04/29/2009 H Left pending in committee

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

04/22/2009 H Left pending in committee

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

04/22/2009 H Left pending in committee

HB 880 Strama | et al. - Relating to the exemption from ad valorem taxation of certain energy efficiency-related improvements to real or personal property. 04/22/2009 H No action taken in committee

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.

04/22/2009 H No action taken in committee

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. 04/22/2009 H No action taken in committee

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

04/22/2009 H Left pending in committee

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

04/22/2009 H Left pending in committee

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. 04/22/2009 H Left pending in committee

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.

04/22/2009 H Left pending in committee

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.

04/27/2009 H Committee report sent to Calendars

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.

04/27/2009 H Committee report sent to Calendars

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

04/22/2009 H Left pending in committee

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

04/22/2009 H Left pending in committee

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

05/05/2009 H Committee report sent to Calendars

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. 05/31/2009 E Sent to the Governor

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.

04/22/2009 H Left pending in committee

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

05/13/2009 H Placed on General State Calendar

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

04/22/2009 H Left pending in committee

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.

04/22/2009 H Left pending in committee

HB 282 Anchia | Maldonado - Relating to the designation of certain election days as state holidays. Companion bill: SB 138 by Ellis, Very Similar

04/27/2009 H Left pending in committee

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. 04/27/2009 H Left pending in committee

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"

04/27/2009 H Left pending in 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!

05/05/2009 H Committee report sent to Calendars

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

04/29/2009 H Left pending in committee

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.

05/23/2009 H Placed on Major State Calendar

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.

05/30/2009 S Received from the House

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

05/12/2009 H Committee report sent to Calendars

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.

04/29/2009 H Left pending in committee

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

04/29/2009 H Left pending in committee

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

04/29/2009 H Left pending in committee

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

05/14/2009 H Laid on the table subject to call

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

04/29/2009 H No action taken in committee

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.

04/29/2009 H No action taken in committee

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.

04/29/2009 H Left pending in committee

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

05/22/2009 H Placed on General State Calendar

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

05/06/2009 H Left pending in committee

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

04/29/2009 H Left pending in committee

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

05/12/2009 H Committee report sent to Calendars

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

Effective on 9/1/09 05/13/2009 Signed by the Governor 05/13/2009

Against

SB 690 by Wentworth, Relating to the requirements for a petition proposing an amendment to the charter of a home-rule municipality. Increases the number of signatures of citizens that would be required to place a charter amendment on the local ballot in home rule cities.

Coalition of new political parties and individuals, including: Green Party of Texas, Libertarian Party, Constitution Party, Independent Texans, others....

03/18/2009 S Left pending in committee

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 created/promoted benefiting development corporations which have undue access to public funding, via so-called 'public-private partnerships', and are focused/function 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.

04/07/2009 H Left pending in committee

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

05/23/2009 H Placed on Major State Calendar

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

04/07/2009 H Left pending in committee

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.

04/07/2009 H Left pending in committee

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

04/07/2009 H Left pending in committee

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.

04/20/2009 H Left pending in committee

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").

04/20/2009 H No action taken in committee

HB 2721 by Flynn - Callegari, 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. Bill 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!

04/22/2009 H Left pending in committee

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

04/22/2009 H Left pending in committee

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

04/22/2009 H Left pending in committee

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

04/22/2009 H Left pending in committee

SB 220 by Nichols, co-authors Watson | West, HB 1438 by Bolton, Similar, relating to the conversion of a nontolled state highway or segment of the state highway system to a toll project.

05/12/2009 H Left pending in committee

HB 300 byIsett | Pickett | Harper-Brow, TXDOT Sunset Bill - Relating to the continuation and functions of the Texas Department of Transportation, including the transfer of certain functions to the Texas Department of Motor Vehicles and the Texas Department of Licensing and Regulation; providing penalties.

Included provisions for nontolled roads to become tolled, continued support for the Trans Texas Corridor (Number of Amendments = 180),

05/30/2009 H Conf. Comm. Report printed and distributed

HB 1796 by Chisum | Hancock | Burnam | Hartnett, Senate sponsor Watson, Relating to the development of carbon dioxide capture and sequestration in this state.

06/03/2009 E Sent to the Governor

HCR 180 by Isett | McClendon - Expressing the intention of the Texas Legislature not to implement the federal REAL ID Act of 2005.

While DHS secretary is seeking a repeal to rebrand Real ID, potentially to include Enhanced Drivers License, we are not going to allow Texas to give tacit approval on the "fixed" version of Real ID as our deadline expires at the end of 2009.

04/21/2009 H Referred to State Affairs

HB 44 Corte - relating to disclosing information to persons obtaining emergency contraception.

A business establishment at which emergency contraception is dispensed or distributed shall display a sign, in clear view of each cash register in the establishment, that is at least 18 inches high by 24 inches wide and that, in block letters in a font that may be read clearly, reads in English and Spanish: "IF YOU BELIEVE THAT LIFE BEGINS AT FERTILIZATION THE POINT WHERE THE SPERM AND EGG UNITE THEN YOU NEED TO KNOW THAT EMERGENCY CONTRACEPTION MAY EITHER FUNCTION AS A CONTRACEPTIVE TO PREVENT THE EGG AND SPERM FROM UNITING OR PREVENT THE IMPLANTATION OF YOUR ALREADY FERTILIZED EGG IN YOUR WOMB. THE PHARMACIST DISPENSING THIS DRUG IS REQUIRED TO EXPLAIN TO YOU HOW THE PRODUCT MAY HELP TO PREVENT YOUR PREGNANCY."

02/12/2009 H Referred to Public Health

SB 182 Patrick - Relating to informed consent to an abortion. HB 36 by Corte, Identical Abortion Consent and Forced Sonogram.

05/26/2009 H Placed on Major State Calendar

Blog # 15: Senate Natural Resources Committee, May 21, 2009

2009-06-11T12:30:00.000-07:00

Support for Rainwater Harvesting HB 4299

Against HB 1796 Offshore geologic storage of carbon dioxide study.

Two bills are scheduled for hearings today (May 21, 2009). The first you have heard much about in previous blog postings, Rep. Patrick Rose's HB 4299 Rainwater Harvesting incentives. The second I only learned about the day before its hearing; and given my initial investigation (and follow up, post sine die) reading the bill and the legislative service analysis, I am opposed to HB 1796, though this is sponsored in the Senate by my Senator, Kirk Watson.

My written comments to the committee which were the basis for my verbal testimony follow.

Verbal testimony can be found at:

http://www.senate.state.tx.us/avarchive/?mo=05&yr=2009&lim=50 and scan down to May 21 Senate Committee Natural Resources.

Or, if that direct link does not work you can start at the home page:

http://www.legis.state.tx.us/ and find Legislative Activity, video broadcasts = click on Senate. Next page is Audio/Video Archives, click on 2009, and scan down to May 21 Senate Committee Natural Resources

The video footage for my testimony for HB 4299 starts at 13:00.

The video footage for HB 1796 starts at 50:26, and my testimony is at 59:40.

Members of the Senate Natural Resources Committee hearing,

I am opposed to House Bill 1796 for several reasons. Yes, the ocean is a huge carbon sink - but it is not an unlimited resource and scientific studies show that it too has a limit. The acidification of the oceans has been identified as a major problem to the continued health and survival of coral reefs.

Hard Corals whose chemical make up is of Calcium Carbonate, CaCO3, is a substance of basic pH and coral reefs are dissolving because of ocean acidification caused by Carbon Dioxide or CO2 being absorbed from the atmosphere:

http://royalsociety.org/document.asp?id=3249 June 30, 2005

Ocean acidification due to increasing atmospheric carbon dioxide

These coral reef ecosystems are vital as nurseries for commercial and noncommercial fishing stocks. Very little is known about them, but an example of one research study has shown that new neurological compounds discovered show great promise for pharmaceuticals and new drugs for neurological diseases.

I could agree to the Bureau of Economic Geology (BEG) doing a study, similar to what has been done in West Texas in the Permian Basin: Land based, until the science of carbon sequestration is sound, peer reviewed and safety tested.

But I do not agree in the immediate allowance, as this bill provides, to begin pumping CO2 directly into the rock formations in the Gulf of Mexico without having any idea as to what effect large concentrated doses of carbon dioxide from unregulated sources could have on ocean ecosystems. Beyond the lack of available sound science as to the impact of a CO2 spill or leak of large volume, the bill provides for any and all liability to be removed from the CO2 industrial originator once it has been transferred to the subsurface repository, which would then be owned by the School Land Board (this designation of responsibility is unclear and not explained), and monitored by the TNRCC (the legislation refers in the bill to the old name for what is now known as the Texas Commission for Environmental Quality or TCEQ). Historically, monitoring programs are poorly funded and under staffed; in essence, an out of sight - out of mind industrial solution.

The Gulf is already suffering from coastal pollution from chemical and agricultural runoff. One example originates from the mouth of the Mississippi River, an 8,500 square mile DEAD Zone made up of a toxic mix of pesticides, herbicides and nutrients with no oxygen, an anoxic environment. A dead zone was discovered off the Texas coast from the Brazos River in July 2007. These areas have negative affects to important shrimp and other fishing grounds, let alone the wildlife that freely roam the oceans of the world like whales, manta rays and whale sharks.

http://www.bloomberg.com/apps/news?pid=20601109&sid=a4Tb2AFv6CRk&refer=home

Nancy Rabalais, chief scientist for a study team at the Louisiana Universities Marine Consortium

The fiscal note attached to this legislation charges the cost for implementing this study at $ 6.5 million over the time period 2010 - 2014 from the General Revenue Fund. I don't think tax payers should be funding a repository for the air-borne wastes of the coal-fired power plant industry to solve a solution to their pollution problems so that they can continue to burn dirty coal; not at the additional cost of continuing to damage, degrade and eventually destroy coral reef ecosystems. I would rather see this money go toward alternative energy venture capital initiatives.

There is not enough information from peer reviewed research studies to know what effect this unproven technology of carbon sequestration, especially in the open ocean, could cause to the ecosystems that produce important protein sources, priceless wildlife and as yet undiscovered potential new medicines, for much of the population of the planet. Instead, be prudent and wait for the U.S. EPA to issue requirements for safe disposal of CO2 (and not before); and then send it to West Texas where the BEG has done their studies and know how it works and can be managed safely!

Thank you for your conscientious consideration of this legislation, sincerely,

Bill Stout

Green Party of Texas

Legislative Liaison

billstout@txgreens.org

512-589-8048

UPDATE: June 5, 2009 - Observations concerning the final Engrossed legislation:

You can see on the videotape archive that the honorable Jerry Patterson of the GLO during testimony makes the convincing statement that the fiscal note for HB 1796 (dated on May 20, 2009, see http://www.legis.state.tx.us/tlodocs/81R/fiscalnotes/pdf/HB01796E.pdf) which in the bill is paid from General Revenue Funds (the Offshore CO2 repository study at roughly $1.5 Million per year from 2010 - 2014 for a total of $ 5.5 Million for 2.5 full-time employees, or FTE's) would be picked up from shuffling the current GLO budget:

The final bill passed by the legislature did not reflect his statement or make this change.

You can also witness Senator Kirk Watson, in his testimony describing the bill, robustly characterize the Offshore Sequestration of Carbon under the Gulf of Mexico ocean floor as a veritable cash cow for the permanent school fund, potentially collecting CO2 (and user fees) from several surrounding states! Ironically, the House Research Organization's report on the bill describe opponents to the bill stating that:

Carbon capture and storage technologies have not been proven and do not

represent the most environmentally friendly option for combating global

warming. CCS is still in its technological infancy and needs much more

research to advance to viability. Texas should focus on proven renewable

energy sources, like solar and wind, rather than search for ways to

continue to burn coal. Fossil fuels should be phased out entirely over time

because their net impact on global security in the environment will always

be negative.

Implementing CSHB 1796 could be prohibitively costly. The fiscal note

estimates an annual impact to general revenue of more than $1.3 million,

which accounts only for two FTEs and the study commissioned in the bill.

Infrastructure, including pipelines and a repository, likely would cost the

state many millions more. Researchers project that CCS will need $15-$30

billion dollars more in investments for it to begin to affect climate change.

And that's not all of the machinations and surprises of this legislation:

In fact, the new fiscal note produced after the the Senate amendments were added in the engrossed bill that has been sent to the Governor reflects the addition of a whole new program, the New Technology Implementation Grant (NTIG) program. In short and roughly described, the program will provide grants to pay the coal industry and other stationary energy sources producing CO2 to reduce their pollution - The grant program, funded by the General Revenue Fund, with some shuffling between existing emissions reduction grant programs currently at the TCEQ, and assuming whatever federal money passes from the Clean Air Act (text provided below).

The new total for the addition of the NTIG program along with the original Offshore Carbon Sequestration study in this legislation is now almost $2 Million per year from 2010 - 2014 or over $9 Million for the five year period.

As you can read below from the engrossed fiscal note there are MANY assumptions (I counted nine (9) times the word assume was used), including the implementation of parts of the project(s), the total project cost(s) and the costs to the state agencies to implement.

And, on top of that there will be an 10% additional fee added to truck-tractor registration fee and a $10 fee added to commercial vehicle inspections (undoubtedly this cost will be passed on to consumer goods transported)! These fees collected by the state, are expected to result in an additional $82.7 million per year in new revenues beginning in fiscal year 2014.

So not only is this program subsidizing the reduction of CO2 from the General Revenue Fund, but will pay for the additional costs for additional bureaucratic red tape (bigger government) which will be passed along to consumers via additional truck transportation fees!

(NOTE my end comments at bottom of the following reference)

Reference for the new (Engrossed) fiscal note: http://www.legis.state.tx.us/tlodocs/81R/fiscalnotes/pdf/HB01796F.pdf

The bill would establish the New Technology Implementation Grant (NTIG) program, and it would

require the Commission on Environmental Quality to establish and administer a new technology

implementation grant program to implement new technologies to reduce emissions from facilities and

other stationary sources located within the state. The bill provides guidelines and criteria for the

program as well as grant application review procedures. The section provides cost sharing

requirements that require applicants to provide at least 50 percent of the costs of implementing a

project under this chapter. TCEQ is required to coordinate an interagency application review process

with the Comptroller, Public Utility Commission, and the Railroad Commission. The TCEQ would be

required to incorporate the review results into the grant award decision process and include an annual

report justification for awards made to projects that were negatively reviewed by the other agencies.

Projects eligible for grants in the NTIG program could include: advanced clean energy project; new

technology projects that reduce emissions of regulated pollutants from point sources that involve

capital expenditures that exceed $500 million; and electricity storage projects related to renewable

energy.

The bill would provide that funds collected under Section 185 of the Federal Clean Air Act be

deposited to the General Revenue-Dedicated Clean Air Account No. 151.

The bill would extend a 2.5 percent surcharge on vehicles over 14,000 pounds, a surcharge on the

registration of a truck-tractor or commercial vehicle in an amount equal to 10 percent of total fees due

for the registration; and a $10 fee on every commercial motor vehicle required to be inspected, all of

which would expire under current law on August 31, 2013, to August 31, 2019. Article IV also adds

stationary engines to the list of items the TCEQ can fund through the TERP grant program. It would

also exempt mobile generators used for natural gas recovery purposes from the requirement that at

least 75 percent of the annual use of a TERP-funded project occur in nonattainment areas and affected

counties for at least five years.

The bill would reduce the allocation of funding for the New Technology Research and Development

(NTRD) program from 9.5 percent of TERP funds to 9 percent. The bill would remove an allocation

of $250,000 to the TCEQ for administering the NTRD program and it would remove an allocation of

$216,000 of the NTRD funds to be used by the Texas Engineering Experiment Station (TEES) for the

calculation of the statewide emissions reduction for the State Implementation Plan (SIP). The bill also

would remove an allocation of at least 20 percent of the NTRD funds for research related to air quality

at a nonprofit based in Houston, and it would reallocate these NTRD funds to contract with a nonprofit

organization or institution of higher education to establish and administer a program to support

research related to air quality. The bill would allow the TCEQ to fund air quality research with the

remaining NTRD funds and provide a $216,000 contract with the TEES for the development and

annual computation of creditable statewide emissions reductions obtained through wind and other

renewable energy resources for the SIP. Finally, Article V of the bill would provide that 3.5 percent of

TERP funding, instead of 3 percent, can be used for administration of the TERP program, and it would

specify that the TCEQ receive 2 percent, and that the TEES receive 1.5 percent.

The bill would require the TCEQ, the Railroad Commission, and the PUC to establish a greenhouse

gas registry in which they would participate in the development of federal greenhouse gas reporting

requirements. The TCEQ would also be directed to establish a registry of voluntary actions taken by

businesses in the state and state agencies since September 1, 2001 to reduce carbon dioxide emissions

and to work with the U.S. Environmental Protection Agency to give credit for early action under any

federal rules that may be adopted for federal greenhouse gas regulation.

Methodology

The bill's provisions relating to the offshore sequestration program would result in the need for 2.5

FTEs by the GLO to develop the program, oversee the study conducted by the BEG, evaluate

recommendations of the pilot study, and maintain a carbon dioxide storage database. In addition, the

GLO would need to develop and manage construction contracts for off-shore platforms, injection

wells, and connecting pipelines to generators of carbon dioxide throughout the state. A data system

would be needed for a fee collection program and for tracking and monitoring the carbon dioxide

accepted for storage. This estimate assumes that carbon dioxide would not be designated as a pollutant

by the U.S. EPA. Total costs to the GLO are estimated at $216,385 in fiscal year 2010 and $198,385

in 2011. This estimate assumes these costs would be paid out of the General Revenue Fund.

Although the bill authorizes a fee for the storage of carbon dioxide in the carbon dioxide repository,

this estimate does not assume that the study would be complete, the repository constructed, nor a

significant amount of carbon stored in the first five years after enactment of the bill. Thus, no

significant revenue from the carbon storage fee is included in this estimate.

The BEG estimates the costs to perform the pilot study for potential locations for a carbon dioxide

repository, conduct on-going measurement, monitoring and verification of the permanent storage

status of the carbon dioxide in the repository, and serve as a scientific advisor to the SLB at

$5,500,000 between fiscal years 2010 and 2014. For purposes of this analysis, this cost is estimated to

be $1.1 million per year for the five year period, and assumed to be paid out of the General Revenue

Fund. This estimate assumes that costs to the TCEQ associated with the carbon repository would not

be significant and could be absorbed using existing agency resources.

The bill would amend the definition of an advanced clean energy project to require that a project

meeting this definition must also capture at least 50 percent of the carbon dioxide in the fuel being

combusted and sequester that carbon dioxide through methods that include geologic storage. The bill

also includes a definition of "geologic storage." The bill's provisions creating the NTIG program is

expected to result in the need for an additional 9.0 FTEs at the TCEQ and associated costs. These

additional resources would be used mainly to review grant applications. Costs for the NTIG program

are assumed to be paid out of the TERP Account No. 5071. Additional costs to the PUC and Railroad

Commission for coordinating with the TCEQ on grant application selection are not expected to be

significant.

The bill's provisions requiring the Comptroller to assess the financial stability of applicants and to

conduct an annual review for the new technology implementation grant program would result in the

need for 5.0 additional FTEs and $371,113 in related costs to the Comptroller of Public Accounts.

This includes 1.0 FTE to assess financial stability of applicants under the grant application review

procedures, and 4.0 FTEs to conduct grant audits. This estimate assumes these costs would be paid out

of the General Revenue Fund.

The bill's provisions providing for the deposit of fees collected through Section 185 of the Federal

Clean Air Act to the Clean Air Account No. 151 would not result in a net fiscal impact to the state

because this estimate assumes that any such funds that would otherwise have been collected would

have been deposited to the General Revenue Fund. The amount of funds that would be deposited to

the Clean Air Account No. 151 would be dependent on baseline emission information in the Houston-

Galveston-Brazoria nonattainment area, which the TCEQ reports is not yet available.

The bill's provisions which extend the 2.5 percent of consideration surcharge on vehicles over 14,000

pounds, the surcharge on the registration of a truck-tractor or commercial vehicle in an amount equal

to 10 percent of total fees due for the registration, and the $10 fee on every commercial motor vehicle

required to be inspected, are expected to result in an additional $82.7 million per year in new revenues

beginning in fiscal year 2014.

The bill's provisions removing the allocation of $250,000 to the TCEQ for administering the NTRD

program and the removal of the allocation of $216,000 of the NTRD funds to be used by the TEES are

not expected to result in a fiscal impact to either agency because this estimate assumes that the

overall amount the TCEQ receives from the TERP Account No. 5071 would actually increase because

the amount TCEQ would be eligible for administration of the program would increase from 1.5 to 2.0

percent of TERP Account No. 5071 funds, while the amount TEES receives would remain the same

since the agency would receive $216,000 through an Interagency Contract with the TCEQ.

The bill's provisions requiring the creation of a greenhouse gas registry and coordination with the US

EPA would result in costs to the PUC of $220,000 in fiscal years 2010 - 2013, with no significant

costs in future years. These costs would include consulting fees because it is assumed the agency

would need outside expertise, and travel costs because it is assumed that agency staff would be

required to travel to Washington, D.C. These costs are assumed to be paid out of the General Revenue

Fund. TCEQ expects to incur costs of $250,000 in fiscal years 2010 and 2011 to modify the agency's

Emissions Inventory Data System to create the greenhouse gas registry. It is assumed these costs

would be paid out of the Clean Air Account No. 151.

?How is legislation passed without public scrutiny or final input?

Clearly, the fact that half-way through the 81st legislative session very few bills had been passed which created a log-jam at the end of the session, which was exacerbated by the Voter I.D. political battle (the "Chubbing" strategy slowdown), which resulted in many good bills dying, and the real need for a special session to be called by the Governor given TxDOT and TDI sunset legislation was not passed among other sunset agencies:

The stage was set for the inevitability of many bad bills (in the form of amendments) being rushed through to passage without the time to properly review the contents and potential impact (comment: At least with "chubbing" there was an opportunity to ask questions about the background and expected result of legislation!) - in short, public scrutiny of "the people's business" once again gets minimal public input or opportunity for review.

The process makes it easy for corporate special interests to have a major impact on legislation that will be paid by the public in subsidy to benefit industry. "Clean coal" indeed.

Guaranteed I will be following up on this legislation, and additionally the final details on several important bills the Green Party has supported and testified against. Look for a complete list of the results of all the bills the Green Party witnessed for or against in the next blog posting!

Blog # 14 Legislative Update: Rainwater stands a chance, Ballot Access dies (again), Toll Roads threatening

2009-06-11T12:27:00.000-07:00

Blog # 14 Legislative Update

(Originally posted in-part on the Green Wire Lege update, May 13, 2009 and before the Voter I.D. chumming session during the last two weeks of the regular session!)

Now that the Texas Legislature has two plus weeks left, I have again changed my strategy in order to focus on two out of the many bills the Green Party of Texas has supported.

And almost immediately after selecting my focus on the Rainwater Harvesting Bill, House Bill 4299, and the Ballot Access bill, HB 820, the latter was deemed dead in the water: Dot Pate - Ballot Access Director for the Constitution Party of Texas - contacted the loosely formed action group (what has become a de-facto New Party Election Coalition) that Rep. Ortiz's Legislative Director had called the Elections Committee Chairman Todd Smith and they will not bring up HB 820 for a vote.

Learning that the Ballot Access bill would not make it to the Calendars committee, I will be reviewing all the bills the Greens have supported in order to lobby the support of a select few that have successfully made it out of their respective committees, and continue to monitor those bills that partner/like-minded watchdog organizations continue to need immediate support or assistance rallying e-mails and calls.

On a positive note, I have kept a close eye on the Rainwater Harvesting bill by Rep. Patrick Rose, communicating with his legislative director Joe Stephens on Monday to see whether contacting all the members on the House Calendars Committee would be useful for moving the bill forward and in addition to check and see if there is a need to lobby Senators as co-sponsors of the bill: I was told to hold off because he was waiting on a reply from the Calendars Committee by Thursday or sooner, and that Senator Averitt, the Chair of the Senate Natural Resources Committee, has chosen to sponsor the bill (though this does not yet appear on the Texas legislature online website!).

In fact, it was the very next day that notice was given to all of the rainwater legislation enthusiasts, those invited to provide input in a roundtable discussion in March which I was asked to be a part of, that the bill has been selected by the Calendars Committee. From the letter:

Dear Stakeholder,

HB 4299 was referred to the House Committee on Natural Resources on March 24, was considered in a public hearing on March 31, and was passed out of committee on April 9. It was then sent to the Calendars Committee where it has been waiting to be scheduled for debate on the House Floor.

Last night, however, HB 4299 took a great leap forward as it was placed on the Major State Calendar for consideration on Wednesday, May 13. Generally, there are three different calendars on which bills can be placed. Of the three, the Major State Calendar is the most selective, containing only those bills which are deemed to be of heightened importance to the state. Water conservation issues generally, and rainwater harvesting specifically, most definitely fit this category so I believe it fitting that HB 4299 is being considered in such a manner.

So, given this propitious news of the forward steps the bill has recently taken in the process it is very likely that the bill will at least make it to the House floor for debate, with the additional support of the Chair who's Senate Committee the bill must pass scrutiny and, given the non-partisan content and universally shared import of this bill to drought frequented Texas, it has an excellent chance of becoming law!

The bill itself is a first step toward making way for additional state supported recommendations as developed by the TWDB report of 2007 (see ) - Even though the City of Austin has instituted many of the bill's recommendations, the rest of the State has to start somewhere!

This bill will come up in the House soon - Please be prepared to phone your legislators to support in favor of HB 4299!!!

The Ballot Access bill, HB 820, which would have reduced the number of registered voter signatures needed from 60,000 down to 500 sadly got it's anticipated demise, dying in the Elections Committee. Chuck Bennett of the Constitution Party wrote an excellent essay on the importance of making it easier for New Parties to make it on the ballot, see http://www.newswithviews.com/guest_opinion/guest139.htm. On a positive note, I had the opportunity to work in support of this and other election reform legislation with executive members of the Constitution Party, Libertarian Party, Independent Texans, VoteRescue and individuals passionate about opening up the democratic process beyond the so-called "two party" system.

At this point in the legislative session it would be most helpful, in many cases IMPERATIVE, that legislators hear directly from individual citizens of Texas on your support or dislike for specific bills: I have heard many times that legislators hear all the time from lobbyists, and that a call from a constituent carries great weight!

Tell your story and make sure your legislator hears it!

Upcoming bills to support or knock down: NOTE - These e-mail alerts were forwarded to Green's mailing lists:

HB 220 - Texans United for Reform and Freedom (TURF), the anti-toll road folks, Press Release states:

NEED CALLS TO CONTINUE TO STOP FREEWAY TO TOLLWAY CONVERSIONS!

SB 220 needs to die in committee!

SB 220, by Senator Robert Nichols', that would legalize the conversion of free roads like 281, 1604, 290 was left pending in committee. They can vote it out at ANY TIME!

Two quick ACTION ITEMS:

1) Call the Speaker, Joe Straus, NOW at 512-463-1000 (try this one if the other doesn't work: 512-463-0056) or email his aide at:

craig.chick@speaker.state.tx.us

2) email the House Transportation Committee here: house_thc@texasturf.org

Contact both with this message:

Leave SB 220 in committee. The House just voted for the RIGHT wording, Leibowitz' HB 13 amendment that was successfully attached to the TxDOT Sunset Bill, HB 300. NO to SB 220. Yes to the Leibowitz amendment in HB 300 becoming law.

BACKGROUND:

The House suspended the rules and posted notice of committee action with only a few hours notice...

The House just passed Leibowitz' version of this bill (HB 13) as an amendment to HB 300, which has very different wording than SB 220. SB 220 opens up a whole NEW loophole allowing divided highways that have stoplights (281, 1604!) to be converted to toll roads WITHOUT A VOTE! The House does NOT need to pass this, not mention if it does, it will become law in the place of the version the people of Texas have been asking for all session. HB 13 by a House member has been bottled up in committee while the Nichols' senate version may be voted out? How is that right? There was UNANIMOUS public support for HB 13 in committee yet there is tremendous opposition to SB 220. SB 220 perpetuates the many loopholes that have been the subject of massive public opposition for years, not to mention 2 federal lawsuits. It would also allow freeway to tollway conversions UNABATED, without a vote!

Support for the Law of Parties Bill HB 2267 which will be voted on in the House any day now:

The Law of Parties Bill (HB 2267)Passes Calendars Committee; Awaiting Vote in Full House!

HB 2267 (the Law of Parties bill) has been placed on the General State Calendar for a vote by the full House. There are now only about 45 bills in front of HB 2267, so the vote could come late on Wednesday or Thursday.

Number one priority is if you live in Texas call your own Texas state representative today and urge them to vote for HB 2267.

If passed, this bill would prohibit the Texas from seeking the death penalty for people who do not kill but are convicted under the Law of Parties and it would require separate trials for co-defendants in death penalty cases.

If you live in Texas, click here to find out who your state representative is.

Many more bills are pending and will need your action:

Check back to the Green Party of Texas legislative blog:

At http://txgreens.org/drupal/ click on Bill's Blog or go to http://texasgreenslegislation.blogspot.com/

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

2009-05-08T16:47:00.000-07:00

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?

2009-05-08T16:19:00.000-07:00

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

2009-05-08T14:47:00.000-07:00

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.

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 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

2009-05-06T19:26:00.000-07:00

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.

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.

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 -

2009-05-06T09:48:00.000-07:00

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

2009-05-06T09:40:00.000-07:00

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.

Blog # 7 Rainwater Harvesting, Education Reform and Sunset Review - Abolishing the "Builders" Commission.

2009-04-10T12:51:00.000-07:00

Tuesday March 31st, 2009

Legislation listed below was all witnessed For:

Natural Resources Committee.

HB 4299 Rose - Rainwater Harvesting incentives. I was part of the Rainwater Harvesting (RWH) roundtable discussion group and am very pleased to report this update: Since the committee hearing the bill will have a few minor substantive changes and will be going back to committee on Tuesday April 7th, anticipating passage and movement to calendars. There is no Senate sponsor as yet, but the bill has a strong following given the potential for RWH as an important and inexpensive water conservation strategy for drought stricken Central Texas.

Public Education Committee.

Based on the presentation given by Carmen Llanes of PODER at the Texas Moratorium Network's Lobby Day training session, the Green Party was in favor of the following two bills providing for education system reforms - requiring education administrators wider discretion on determining disciplinary actions and a bill protecting students from bullying (a bill important to the GLBT community):

HB 171 Olivo - Relating to consideration of mitigating factors in determining appropriate disciplinary action to be taken against a public school student., Pending in Cmte. SB 2270 Gallegos, identical

HB 172 Olivo, Relating to the right of a parent of a public school student to prompt notice of certain disciplinary action taken against the student. Pending in Committee.

HB 1323 Strama, Gonzales, Pierson - Relating to bullying and harassment in public schools. Pending in Committee.

Sex education reform - "Just the Facts":

HB 1567 Villarreal - Relating to abstinence education in public schools. Pending in Committee. SB 1076 Van de Putte, identical.

HB 741 Castro, Strama, Villarreal, Farrar, Allen - Relating to health education curriculum and instruction in public schools. Pending in Committee. SB 515 Ellis, identical.

Based on the often piecemeal delivered (if at all) and misinformation provided in many school districts throughout the state, that has or has not been provided to students, and the lack of factual and consistent sex education information across the state these two bills provide for abstinence education (yeah, like that works!), AND, most importantly includes information based on factual science-based curriculum from professional medical associations and emphasizing safe social behaviour sexual education:

Education Committee (continued):

The Green Party backed these bills as common sense reforms designed to clarify the TEKS (Texas Essential Knowledge and Skills standards), and to provide additional initiatives for teachers working with students having english as their second language.

SB 1459 Shapiro - Relating to education initiatives for students of limited English proficiency and students at risk of dropping out of school. Pending

SB 1460 Shapiro - Relating to professional development academies designed for public school teachers who provide instruction to certain students of limited English proficiency. Pending - Now posted for new hearing on April 7th.

Industry & Commerce Committee -

Alliance: Homeowners for better building - http://www.hobb.org/content/view/2516/1/ Check out the website.

Based on the information I gleaned from the website it was apparent that the Greens would be in favor of this legislation; especially given the case here in Austin that Clint Smith and Allissa Chambers have been working on (see Travis County Greens dot Org).

"Consumer groups are praising the Sunset Advisory Commission for its candid assessment and recommendation to abolish the controversial builder protection agency known as the Texas Residential Construction Commission (TRCC). TRCC is run exclusively by the homebuilding industry to regulate homeowners. It is by far the most criticized state agency ever created."

HB 1635 Todd Smith - the abolition of the Texas Residential Construction Commission.

HB 2243 Leibowitz - the licensing and regulation of residential construction contractors and the abolition of the Texas Residential Construction Commission; providing a criminal penalty.

HB 2695 Gattis - the abolition of the Texas Residential Construction Commission.

Blog # 6 Bill Holloway Memorial - Texas State House

2009-04-10T12:44:00.000-07:00

Monday March 30th, 2009

Bill Holloway Memorial, House Resolution 680

Rep. Elliott Naistat spoke many kind, eloquent and accurate words about the life and work of Bill Holloway. Immediately at the top of his speech he referred to Bill as a "Hero".

I have asked for the content of Rep. Naishtat's speech and will post it as soon as I have it. I will also track down a copy of the photo taken by the legislative photographer of the family and friends that were able to attend.

At the end of the invocation, We in the gallery were asked to stand and be recognized in Bill's place; applauded in Bill's honor by the quorum of the House. An emotional event. The formal acknowledgment of this aspect of Bill Holloway's life allowed me to experience some closure to the end of his physical life. Undoubtedly his spirit lives on in those of us who got the opportunity to know a little bit about him, and for those he served who did not, and continue to benefit from his illustrious career(s) and his example of decisive and modest leadership, and compassion for others.

http://www.legis.state.tx.us/tlodocs/81R/billtext/pdf/HR00680F.pdf

Legislation witnessed For:

Elections Committee:

HB 1768 Branch, Homer - Relating to the elimination of straight-party voting.

Pending in Cmte. SB 317 Wentworth, identical / HB 135 Straus, duplicate.

HB 3369 Rose - Relating to the use of prohibited electronic devices at polling locations. Pending in Cmte. Allows recognized/certified news reporters (including those principally reporting from the Web) access in polling stations.

HB 3263 Naisthtat [identical]

Many people from the disabled community were in attendance to witness for this legislation. Home care professionals and workers do not receive a fair wage and are often taken for granted in the workforce.

Blog # 5 I have shifted strategic gears...

2009-04-10T12:01:00.000-07:00

Thursday, March 26th

I have shifted strategic gears and along with following the short list of bills on the Green Party's initial list I have started to review the upcoming bills in each committee hearing coming up each day and finding those that are in line with the Green Party's core values.

My purpose for running from committee to committee to witness for good bills and against lame bills is to give coverage for the wide array of core Green values. I'll see how it goes, as many of the public and environmental policy wonks focus on one or two bills and seek support from a wide array of allies.

Legislation witnessed For:

Urban Affairs

HB 722 Donna Howard - Relating to the authority of certain municipalities to regulate the location of facilities to supply drinking water.

Water is and will continue to be a contentious issue, especially with the deepening drought. Allowing more local input into where and how these expensive to build and maintain drinking water and wastewater facilities brings attention and public involvement into the debate/discussions (bond elections mean increased taxes. Pumping water means increased electrical use).

Human Services Committee.

HB 892 Villarreal, Naishtat - Relating to the Women's Health Program. Pending in Committee. SB 594 Van de Putte, identical

HB 1627 Naishtat, Walle - Relating to Low-Income Home Energy Assistance Program payments to assist certain households receiving food stamp benefits. Pending in Committee.

Additional connections for coalition building:

Met with La Fe Policy Research and Education Center staff - http://www.lafepolicycenter.org

Policy Analyst Amy Casso from San Antonio is primarily working on legislation that effects the Latino Community throughout Texas, though much of the health and human services legislation in universal for all communities. The Green Party has much in common in support of extended and universal healthcare, advocacy and education opportunities for minority populations.

Contact with Planned Parenthood colleagues - Leslie Nicole Ramsey. Leslie received the largest percentage of votes for a Green Party candidate when she ran for State Board of Education in 2002 and garnered 21.7% with 63,871 votes! Among many citizen advocacy positions she has worked for the Texas National Organization for Women, and the Texas Fair Trade Coalition. She is now working for P.P. as their Legislative Director.

Charlotte Flynn - Activist/Agitator for justice and human rights, past Austin Chair for the Gray Panthers: Another Austin Local Living Legend! Charlotte was recognized by the Austin City Council and the Mayor for her work with the Gray Panthers as a citizen advocate on public health issues, on this her 90th Birthday! I have not heard her take credit solely, always recognizing the partnership she shared in her work with her husband Bill, who served as Treasurer for many years. They are both loved and admired as warriors for public justice.

Sundays through May, 2009: DavidHasIssues.com featuring Rep. Rafael Anchia - Voter I.D. Legislation fight (again - those republicans - or the controlling faction - just seem to want democracy for themselves, and people like them, if that makes any sense...) coming up on Tuesday April 7th, Reagan Building.

Rep. Anchia relayed that this legislation is a complete partisan power issue - if it was truly about voter fraud then the statistical data and anecdotal evidence showing the well documented fraudulent use of mail-in ballots, not the one or two cases of identity fraud at the polling place, and the other systemic voting issues would have been addressed!

Blog #4 Texas Moratorium Network Lobby Day, celebrate Texas native plants and "Solar Day"

2009-04-10T11:57:00.000-07:00

Tuesday, March 24, 2009

Texas Moratorium Network Lobby Day

Held at the University of Texas, School of Education (how appropriate), started with a presentation by Carmen Llanes and her colleague Erica speaking for and of People Organized in Defense of the Earth and her Resources, speaking on legislation that can prevent youth from getting into trouble in the criminal justice system, in the first place, and therefore potentially off death row. The legislation to weigh in on is

HB 171 by Olivo, Relating to consideration of mitigating factors in determining appropriate disciplinary action to be taken against a public school student. SB 2270 Gallegos, Identical.

HB 172 by Olivo, Relating to the right of a parent of a public school student to prompt notice of certain disciplinary action taken against the student.

HB 943 by Dutton, Relating to disciplinary actions imposed on public school students who disrupt the conduct of class or other school activities.

and HB 850 by Isler, Relating to repeal on a periodic basis of the provisions of Titles 1 and 2 of the Education Code to provide for legislative review of the primary state statutes governing public education.

The Texas Moratorium Network was focusing their Lobby Day principally on two pieces of legislation; though not against lobbying for abolition, they are committed to a moratorium of the Death Penalty as a first step towards abolition, like those started in Illinois and New Jersey. Two bills filed offering immediate change opportunities of focus are,

HB 2267 Hodge - "Law of Parties" - left pending in sub-cmte 3.19.09

Relating to the joint or separate prosecution of a capital felony charged against two or more defendants and the extent of a defendant's criminal responsibility for the conduct of a coconspirator in capital felony cases.

HB 304 Dutton - "Law of Parties" - left pending in sub-cmte 3.19.09

Relating to the extent of a defendant's criminal responsibility for the conduct of a co-conspirator in certain felony cases.

Additional legislation witnessed in favor by the Green Party:

Culture, Recreation and Tourism Cmte.

HB 1739 by Donna Howard, Relating to a recognition day to celebrate Texas native plants.

Native plants are in many cases disappearing rapidly under the stresses of development and the dominance of non-native invasive species, many of which are allowed to be sold at nuseries. Two of my favorite "local living legends", Pat and Dale Bulla are dedicated native plant protectors, proponents and gardeners, along with coordinating many community awareness projects including bringing some community organizing to work with developers who are rapidly bulldozing and concreting our urban forest for office space and automobile-only accessible shopping.

HB 2088 by Donna Howard, Relating to increasing public awareness of the benefits of native plant species.

Ditto my explaination above - Texas Parks and Wildlife has created a list of the most invasive and aggressive non-native plant species including Johnson Grass, Lugustrum, Nandina and china berry, but does not have regulatory authority to restrict these plants, in large part because of the nursery trade, which is only interested in sales (Note: There are several nurseries that focus on the sale of Natives and do not push non-natives).

SB 126 by Ellis - Relating to a temporary moratorium on authorizations for certain coal-fired electric generating facilities.

I am sure many of you are aware that coal fired power plants produce huge quantities of carbon monoxide but in addition volatile organic compounds, sulfides and mercury - none of which is beneficial to our lungs or the development of children.

"Solar Day" - Reagan Bldg.

HB 977 by Burnam, Relating to use of the money from the Texas enterprise fund to promote renewable energy technology. Identical bill by Wendy Davis, SB 878

HB 1643 by Farabee Relating to net metering for retail electric service customers and compensation for excess electricity generated by certain renewable energy technology generators.

HB 1866 by Solomons Relating to distributed renewable generation of electric power.

Human Services Cmte.

HB 165 by Naishtat | King, Susan | Howard, Charlie | Bohac Relating to a career ladder for interveners who provide services under the deaf-blind with multiple disabilities waiver program.

The Green Party and Gray Panthers have been avid supporters of Rep. Naishtat's legislation to improve public health.

Blog #3 Ballot Access Initiatives under attack!

2009-03-29T12:14:00.000-07:00

Wednesday, March 18th, 2009

SB 690 - Senator Wentworth

SB 690 would increase the number of signatures of citizens that would be required to place a charter amendment on the local ballot in home rule cities – from 5% to 10% of likely/registered voters. The full text of SB 690 can be found: http://tinyurl.com/cln9bu

Fortunately for me, I was preceded in giving my testimony by Brian Rodgers of Change Austin.org (http://changeaustin.org/Blog/ ) and Mr. Mike Ford - both eloquent and persuasive speakers - (Note for future blogs: I was able to use my mini voice recording device and could use some help to figure out how I can post recordings on the blog. Brian Rodgers creatively posts on his blog the Senate RealMedia Video Archives reference for this committee (http://www.senate.state.tx.us/avarchive/):

"You democracy junkies might get some entertainment watching the actual testimony here (go to Intergovernmental Relations Committee, Part II, 56 minutes 12 seconds in to the tape). You’ll see Republican Roger Borgelt, Green parttime lobbyist Bill Stout, and a gal who came in from Bryan, Texas, to beg Wentworth not to make this more difficult for citizen activists there and in 345 other Home Rule cities.)"

In his testimony Brian Rodgers pointed out that the main reason this bill has surfaced is that the Real Estate lobby got their feathers twisted over last year's Domain Subsidies fight, a high-end shopping mall receiving $60 Million in tax break subsidies from the City of Austin, because of a citizen referendum to change the city charter, Proposition 2. Over 500 local businesses supported the referendum including the Travis County Democrats, Republicans, Libertarian Party and the Green Party, The referendum was beaten by a small margin, 48% to 52% because of a last minute $400,000 media blitz by the Mall owner and RECA (Real Estate Council of Austin - and supported by the Mayor by advertising "Keep your word Austin"; the Mayor is a noted friend of the chamber of commerce). The good news, Brian notes, was that because of this battle there have been a series of ordinances passed to increase transparency in the process.

In regards to the cost of an election being more if a citizen initiative is on the ballot, he pointed out that there is no additional net cost, just that the cost would be spread out over several government entities; if for example the city and the county both have an election at the same time the cost is shared, not added in addition to, because the same number of machines or ballots have to be used.

Mr. Rodgers also made the point that the 5% of signatures collected actually had to be much higher because in the vetting process some signatures are thrown out; so in reality it was more like 27,000 that had to be gathered instead of the 18,000 that was required - with the proposed increase to 10% the number of signatures would double!

In my testimony I read the quote from The City of Austin’s manual for petition review which states that the 10% requirement that exists today for some initiatives is virtually impossible to meet: "... it would be difficult for citizens to get enough signatures prior to the effective date of an ordinance to qualify for a referendum. Therefore, it is unlikely [the office of the city clerk] will ever receive a referendum petition.”

Senator Wentworth asked me a question that not only seemed like a curve-ball but his questioning in general sounded like he had not researched the bill himself: Referencing an past City of Austin initiative that was an amendment to the city charter which would, something to the effect to, require city council members and the mayor to report on-line their meetings and (lunch) expenditures within a short window of time, the Senator was wondering whether I knew about this referendum, but then shifted to his concern being that one wealthy individual would be able to finance a citizen referendum. In retrospect, I would have liked to have told him that by raising the bar to 10% you essentially are doing that - taking the process out of the hands of the 'grass-roots' and forcing the need for the services of a signature gathering company! Instead I suggested that in our present democratic process that the deck is already stacked in favor of those with money to spend on (elections) ballot initiatives - after which, Senator Patrick chimed in (in support against the bill) that he was less concerned about the financial origins of a citizen initiative but that he was concerned that additional barriers or impediments should not be put in place to make it more difficult to obtain signatures.

Brian Rodgers also noted that reaching the current 5% requirement has become more difficult since the S.O.S. Ordinance got 10% of the voting population's signatures: Many groups fail to collect enough signatures because private property owners refuse to allow petition gatherers on their property (liability reasons) and petitioners instead are limited to places like Congress Avenue or the hike-and-bike trails while public property managers will limit signature gatherers to parts of the property where there is no pedestrian traffic.

Mr. Mike Ford is 'a 77 year old citizen from Austin', speaking for himself he made the point that very few citizen initiatives have made it to the ballot because the requirements are already difficult, he estimated something like 2 in twenty years, and that it would be unfair to allow developers to continue to reap $100's of Millions of dollars in subsidies, the use of public money, while citizens find it harder if not impossible to exercise the little direct democracy they have available to them! Mike provides many excellent references on his website http://InitiativeforTexas.org/

Note the bi-partisan political coalition: Republicans, Independent Texans, Libertarians, Greens, other independents.

It is also pretty clear which organizations are not interested in citizen involvement in the democratic process; the list of witnesses was forwarded via e-mail as part of communications in which the coalition is drafting a resolution opposing any diminishment toward utilizing Ballot Access Initiatives:

http://www.legis.state.tx.us/tlodocs/81R/witlistmtg/html/C5202009031809301.HTM

SB 690

FOR:

Douglas, Craig (Real Estate Council of Austin), Austin, TX

AGAINST:

Borgelt, Robert (Self), Austin, TX

Ford, Mike (Self), Austin, TX

Hall, Karen (Self), Bryan, TX

Rodgers, Brian (Changeaustin.org), Austin, TX

Stout, Bill (Green Party of Texas), Austin, TX

Venable, Peggy Director (Americans for Prosperity), Austin, TX

Registering, but not testifying:

For:

Barksdale, Jay VP Government Relations (Dallas Regional Chamber), Dallas, TX

Carter, Janis (Dallas Citizens Council), Austin, TX

Girard, Chuck Consultant (San Antonio Real Estate Council), Austin, TX

Martin, Jeremy Senior Vice President, Government Relations (Austin Chamber of Commerce), Austin, TX

Savio, Harry (Home Builders Association Greater Austin), Austin, TX

Weist, Jon VP Government Relations (Arlington Chamber of Commerce), Arlington, TX

Against:

Blythe, Sharon (Self), Austin, TX

Bradberry, Timothy President (Central Texas Republican Assembly), Pflugerville, TX

Campbell, Sue Ann (Self), Round Rock, TX

Cannon, Edee (Self), Houston, TX

Curtis, Linda Director (Independent Texans), Austin, TX

Davis, Paul (Texans for Accountable Government), Austin, TX

Doyle, Russell (Self), Austin, TX

Edwards, Rosemary Travis County Rep. Party Chair (Travis County Rep. Party), Austin, TX

Gerstenschlager, Merrylynn Education Liaison (Texas Eagle Forum), Dallas, TX

Heckler, Jeff (Greater Edwards Aquifer Association), Austin, TX

Hentschel, Nancy (Self, Texas HOA Reform), Sugar Land, TX

Krenek, Mary (Citizens/Humans), Austin, TX

Lentz, Michael (Changeaustin.org), Austin, TX

McClure, Darilynn (Self), San Marcos, TX

McDonald, Craig (Texans for Public Justice), Austin, TX

Blog #2 Lobbying for Election Reforms

2009-03-13T10:56:00.000-07:00

March 13, 2009

Meetings with Legislative Directors - Election Committee bills, filed & re-filed?

Since my last posting, over the past two weeks, I have primarily been lobbying legislators to support election reform bills that will allow third parties easier access to participate in a democratic process. Two bills that were filed in the 80th legislative session which I have been 'shopping' to be re-filed by 'friendly' Representatives were HB 2209 Proportional Voting (re. instant runoff voting - filed in Elections Committee but did not receive a hearing) and HB 2280 Primary Screen-out (ability for a registered voter to sign a petition for a third party candidate - this bill was left pending in the Elections Committee after receiving a hearing); I lobbied the original authors themselves, Eddie Rodriguez and Mark Strama, as well as the offices of Representatives Dr. Alma Allen, Elliott Naishtat, Donna Howard, Valinda Bolton, Solomon Ortiz, Rafael Anchia, Mike Villarreal, and Garnet Coleman. The deadline for filing bills is today, Friday the 13th, and for all the meetings with friendly legislative staff the final response/reason for not filing these bills has been the overwhelming number of bills already filed by each Representative. This was quite disappointing, especially given the fiscal merits of the proportional voting bill to save money for municipalities by not having to hold a runoff election!

It is clear that the process for gaining support, in action toward re-filing or co-sponsoring not just their thoughtful consideration, needs to start prior to the beginning of the legislative session - back in November - especially for those bills focused on election reform: Holding public forums (both electronic and in person) and stimulating a movement built on commitment from individual constituents lined up and ready with a communication system for easily contacting legislators to take action - the eyes and "I's" of Texas.

Kat Swift's latest GreenWire clearly and succinctly listed the Election Committee bills that require immediate constituent action (calls / e-mails / personal visits to your Representatives) especially in response to this Wednesday's vote in the Senate in favor of the Voter I.D. bill, which could be voted in the House as early as this coming Monday.

We also need support for HB 820, especially for your legislator to co-sponsor the bill, so that it can get some traction toward receiving a hearing in the Elections Committee: This bill will greatly reduce the number of required signatures necessary to get a candidate on the ballot, from 1% of those who voted for the Governor (40,000 +) down to 500!

Other Election Committee bills include HB 282/SB 138 which would designate election day as a state-wide holiday; additionally, there is a bill which would eliminate straight-party voting, HB135 (referred to Elections) and companion in the Senate, SB317 (left pending in Committee, 3/9/09). Note that this bill along with the entire list of bills under consideration, other than those already posted on the http://txgreens.org website, both positive and negative to the Green Party core values are being reviewed by the Legislative Committee and the State Executive Committee to determine how best to use our energy at the Legislature. If you have identified a bill or bills that we should lobby support or be concerned about please write me at billstout@txgreens.org

Lastly, I will endeavor to post this blog at least once a week rather than every two weeks in order to shorten the amount of material to cover and the length of these posts!

Coming up: Public Hearings this week

Monday, 3/16

HCR 75 Urging congress to explore alternatives to border securty in South Texas other than th fencing described in the Secure Fence Act.

Tuesday, 3/17

HB 595

Relating to a restriction on permits authorizing discharges of sewage effluent into any water in the contributing or recharge zone of the San Antonio or Barton Springs segment of the Edwards Aquifer.

HB 1508

Relating to a restriction on permits authorizing direct discharges of waste or pollutants into water in certain areas associated with the Barton Springs segment of the Edwards Aquifer.

Equality Texas Lobby Day

Monday, March 2

Kat Swift, Nick Payne Freeman and I attended this very well organized event and teamed up with a student from Texas A&M to lobby Representatives Farrabee, Cook, Turner and Villarreal promoting support for HB 538 prohibition of employment discrimination on the basis of sexual orientation or gender identity or expression. Issues important to the LGBT community include: Foster Care/Adoption, employment non-descrimination, safe schools, anti-hate crimes and transgender inclusion/gender I.D.

Bills in this session that Equality Texas is monitoring and lobbying for include HB 353 allowing for Domestic partners medical and funeral decisions, HB 1455 Legal power of attorney, HB 861 University benefits for employees and faculty and their dependents, HB 197 Insurance discrimination, HB 1323 relating to bullying and harassment in public schools, HB 616 Relating to a study regarding the effectiveness of the James Byrd Jr. Hate Crimes Act.

Texas Coalition to Abolish the Death Penalty Lobby Day

Wednesday, March 10

Christine Morshedi and Art Browning from the State Executive Committee attended this well organized event. They met with Rep. Alan Fletcher and also had the great fortune while meeting with the staff of Representative Al Edwards in that Rep. Edwards met with them personally and after hearing their case for supporting HB 682 he agreed on the spot to co-sponsor the bill! Many congratulations to this very effective lobbying team.

The public hearing for HB 682 and HB 297 were held on Thursday March 12, with both bills left pending in the Criminal Jurisprudence Committee.

Planned Parenthood Lobby Day,

Thursday, March 12

I was not able to meet with representatives of Planned Parenthood on this lobby day (nor attend the public hearings on this morning for the bills supporting the Abolition of the Death Penalty) because of a recurring back injury. However, I have a personal friend who is an Assistant Director for Planned Parenthood and will follow up with her as to how the lobby day went and those bills the organization is both for and against.

Rainwater Harvesting Legislation Roundtable Discussion Group

Tuesday, March 3

Representative Patrick Rose invited water conservation stake holders to join a Roundtable Discussion Group, to discuss possible changes/additions to his filed House Bill 1818 - relating to rainwater harvesting and other water conservation initiatives.

The bill seeks to provide additional rainwater harvesting (RWH) incentives, tax breaks, research, and water conservation brush control tax incentives. The meeting included approximately 50+ members of the academic, public policy, municipal and commercial interests promoting RWH in Texas - I was very pleased to be invited to this meeting and made a point of recommending three new ideas for incentives during the speak-out segment of the meeting; I have identified these in ITALIC below.

Below are my questions and suggestions for additions to the bill. Please reference the bill to compare with my recommendations:

http://www.legis.state.tx.us/BillLookup/Text.aspx?LegSess=81R&Bill=HB1818

Questions:

SECTION 1 (2) Reasoning behind limiting scope to rainwater harvesting technology addressed under this bill to "...that is located in an area of this state in which the average annual rainfall is at least 28 inches" -

This would eliminate sections of west texas which average annual rainfall is 12" or less.

SECTION 3. PROPERTY CODE

As written in:

(d) This section does not:

(1) restrict a property owners' association from regulation th requirements, including size, type, shielding, and materials, ...if the restriction does not prohibit the economic installation of the device on the property owner's property where there is reasonably sufficient area to install the device:

?Who/what agency or governmental entity will have the responsibility to regulate or make this determination in situ (on the ground/in practice)?

Suggested additions:

SECTION 4. (3) (B) Exemption ad valorem taxes for fire protection (plumbing) fixtures/devices used to connect/coupleing to the standard fire hose (i.e. Fire Department plumbing requirements/code) for existing and new residential, commercial, industrial rainwater storage tanks -

WINDOW ON STATE GOVT. TAX BREAKS:

http://www.window.state.tx.us/taxinfo/taxpubs/tx96_237_4_02.html#waterequip

SECTION 4. (3) Amend Sales Tax Exemptions for Water Related Equipment to ADD the tax exemption to include a collection surface area THAT CAN ALSO BE used as a roof of a structure or storage area. An additional incentive could be added for roof materials that are superior for rainwater harvesting such as metal or tile vs. asphalt shingles.

SECTION 4. (3) Amend Tax Code to allow the Texas Department of Insurance to allow for changes (rate reduction incentives) to municipal fire code ratings to include/take into consideration rainwater harvesting (system) equipment to buildings.

SECTION 6. TWDB to study and make proposals to finance RWHS, by issuing low interest debt to water utilities (cities, counties, river authorities, private utilities, underground water districts, etc.) which in turn would provide low interest financing to individual residences, commercial, and industrial customers.

SECTION 2 - RAINWATER HARVESTING

Include a section "Directing a cooperative effort by the Texas Commission on Environmental Quality and the Texas State Board of Plumbing Examiners to develop a certification program on rainwater harvesting and provide associated training in their continuing education programs. Additionally, encourage Texas institutions of higher education and technical colleges to develop curricula and provide instruction on rainwater harvesting technology."

(Sited: Texas Rainwater Harvesting Evaluation Committee, Report to the 80th Legislature, TWDB, November 2006: Chapter 6 - Recommendations for Promoting Rainwater Harvesting in Texas, # 8 and # 10)

Additionally, include a section "Directing the Texas Commission on Environmental Quality and other state agencies to continue to exempt homes that use rainwater harvesting as their sole source of water supply from water quality regulations that may be required to public water systems. Guidelines provided in the above sited Texas Rainwater Harvesting Evaluation Committee Report, recommendation # 4).

SECTION 4. (1). Request to strike "...and ashe juniper" from Brush Control "removal, or reduction from watershed rangelands..."

Recent and continuing research on the functions of Ashe Juniper species in ecosystems is showing not only that this species provides preferred habitat for endangered bird species but that it serves as a soil "producer" in environments where other plants cannot survive.

Additionally, brush control (land clearing) creates the potential for soil erosion (loss of topsoil, aggravating sediment clogging of rivers, creeks, streams and aquifers), and also contributes to the release of carbon into the atmosphere contributing to global warming.

Therefore, consider adding tax incentives to the purchase and planting of NATIVE REGIONAL PLANT SPECIES that are low-water users and can function in/as soil erosion abatement and carbon sequestration. Examples are many, regionally specific, and can include desert willow or native grass species like big-bluestem, buffalo grass and side-oats gramma prairie grass (State grass species of Texas).

SECTION 4. (2)

Request the removal of the category of "Desalination" of water for drinking water purposes from being considered to receive beneficial tax incentives as included in this legislation. Desalination may be a viable source of creating drinking water, however it is extremely energy intensive and by the necessity of recent practice of burning fossil fuels as the energy source for this process/procedure it is therefore an additional cause of air pollution and carbon to the atmosphere.

Additionally, desalination of water produces large quantities of 'brine' which also needs a useful commercial use, other than in the extraction of petroleum, creating another waste stream.

Given these 'externalities' please consider providing tax incentives to desalination of water when/after 'clean' energy technology becomes available and ecologically or commercially beneficial uses are found.

SECTION 5 Public Policy.

Add the legal protection of rainwater capture as a PRIVATE WATER RIGHT: Whereby no permit is needed to capture rainwater given the productive use for outdoor irrigation or indoor non-potable water uses. Note that the Right will NOT prevent municipalities from setting health and safety regulations. The inclusion of this will eliminate the potential 'blind-siding' of the public if at some point amended legislation is added to create restrictive rules similar to those in place in the State of Colorado and the State of Washington (which are presently under review).

(see: http://www.hcn.org/issues/40.18/a-good-idea-2013-if-you-can-get-away-with-it

http://www.martenlaw.com/news/?20080723-rainwater-harvesting)

Note: Given the intent and actions of SB 2 (2001) it seems unlikely that the capture of rainwater would be deemed illegal in the State of Texas; however, this was a concern I heard voiced several times by proponents and practitioners of rainwater harvesting systems in that this threat exists and therefore needs to be clearly stipulated in Texas law.

Thank you for the opportunity to participate and add comments to the drafting of this legislation. Sincerely,

Bill Stout

Water Quality Specialist / Environmental Educator

Legislative Liaison

Green Party of Texas

billstout@txgreens.org

512.589.8048

Blog Report #1 - Jumping into the 81st Legislative Session

2009-03-01T18:06:00.000-08:00

Green Party of Texas

March 1, 2009

I spent the day Thursday, February 26th, 2009 introducing myself to the legislative staff of eight legislators that I had identified as friendly to the issues Greens feel strongly about, given the legislation they have introduced in this session and previous sessions. I also made a point of stopping by the Legislative Reference Library in preparation for research on Ballot Access Initiatives.

Rep. Elliott Naishtat

HJR 24 Proposing a constitutional amendment relating to a moratorium on the execution of persons convicted of capital offenses.

HB 877 The creation of a commission to study capital punishment in Texas.

HB 164 Relating to the medical use of marijuana.

A suggestion was made to "Testify as an individual because of potential knee jerk reaction from some legislators who may think 'GREEN PEACE'; Written testimony could have a proviso/note = "We're not Green Peace", and "Think Dr. Mahatma Ghandi with a laptop!")

HJR 23 = Change recorded vote for Second Reading (because 2nd read is most important - fist is compulsory, third is most often a fait accompli or done deal).

Dallas Morning News took this up in the last session 80th, Rep. Dan Branch - It got to second reading and thougt it would have passed = one vote shy: The bill asks for a simple hook up of a wire to the vote board that already exists.

http://www.legis.state.tx.us/BillLookup/History.aspx?LegSess=81R&Bill=HJR23

Rep. Lon Burnham

HB 682 Abolishing the death penalty

http://www.legis.state.tx.us/BillLookup/History.aspx?LegSess=81R&Bill=HB682

Rep. Eddie Rodriguez

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

Proportional Voting http://www.legis.state.tx.us/BillLookup/History.aspx?LegSess=80R&Bill=HB2209

Petition Screen-out http://www.legis.state.tx.us/BillLookup/History.aspx?LegSess=80R&Bill=HB2280

Rep. Dr. Alma Allen

HB 741 Sex Education in schools = based on fact and accuracy

http://www.legis.state.tx.us/BillLookup/History.aspx?LegSess=81R&Bill=HB741

Rep. Solomon Ortiz Jr.

HB 820 Ballot Access http://www.legis.state.tx.us/BillLookup/History.aspx?LegSess=81R&Bill=HB820

Proportional Screen-out = possible amendments

Sen. Kirk Watson

(meeting with Senator scheduled),

Rep. Valinda Bolton

(Introduce myself to legislative aids, discussed Ballot Access bill and relayed interest in county issues -

Rep. Bolton is my legislator!),

Rep. Rafael Anchia

(meeting with Legislative Director Damien Brockmann Monday March 2nd)

Rep. Mark Strama

(meeting with Legislative Director James Deaver Wednesday March 4th).

- Certainly expect this list will continue to expand as I make my rounds, stumping for support of the bills the Greens plan to both support and lobby against.

Discussions:

Rep. Solomon Ortiz Jr. is the author of HB 820, so yesterday I met with Rep. Ortiz Jr.'s General Counsel, Jose' "Chito" Vela, to talk about the bill and how the Green Party can assist with its passage:

We agreed that 500 signatures for a ballot initiative was/has been considered too low; therefore, What is a reasonable number? One thousand? 5,000? Mr. Vela stated that he had heard/discussed with other progressive third partys that ten thousand was a reasonable number - a far cry from the 40,000+/- needed (if I have that number right). However, the time window for getting these signatures has not been debated or considered for change (should it be?).

Mr. Vela suggested that the most significant requirement for this bill to take life (be taken seriously) is that the bill needs co-sponsors, and he suggested that this is the effort organizations like the Greens could be of greatest assistance.

Action needed: Suggestions as to specific legislators to approach for co-sponsoring including a legislative sponsor on the Senate side.

HB 820 (Ballot Access) is filed in the Election Committee.

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

I also met with Rep. Eddie Rodriguez's staff to discuss his re-filing of his authored HB 2209 from the 80th Legislative Session on Proportional Voting and whether the Rep. was considering filing it again:

The answer I was given was No, that the draft filing date has passed (I have a hard time with this explanation given this is a bill already written up; plus the final date for filing bills is Mar. 13th) and that this bill could be included later as an amendment - Rep. Rodriguez's staff stated that he had checked with the Election Committee Chair, Rep. Todd Smith's office to confirm this.

Similar response was given by Rep. Mark Strama's office concerning his previously authored HB 2280 in the 80th, the Primary Screen-Out bill, that it could be included as an amendment in committee or on the House floor.

Suggested Action: Continue to lobby for re-filing these bills, finding co-sponsors and identify FAVORED bills that could serve as an attachment for an amendment.

My argument given, in these brief meetings, for Proportional Voting was that it saves taxpayer money and decides immediately an outcome rather than forcing a run-off which typically has low voter turnout.

Chance meetings:

In my wanderings around the Capitol Extension, I met a group of University students lobbying for several student tuition bills, sporting blue shirts with golden-yellow lettering "Tuition Relief Now".

Met the vice President of the University of Texas Democrats, Ms. Mellissa Rodriguez who referred me to:

http://www.facebook.com/group.php?gid=48045508405

SB 105 - Freezing Tuition

http://www.legis.state.tx.us/BillLookup/History.aspx?LegSess=81R&Bill=SB105

HB 215 by Guillen, Identical

Read the story at http://www.burntorangereport.com/showDiary.do?diaryId=7968

Also had the good fortune to run into Robin Schneider, Director of Texas Campaign for the Environment:

Check out their focus on legislation involving E-Waste

http://www.texasenvironment.org/ewaste_rules.cfm

And Landfills

http://www.texasenvironment.org/landfill_rules.cfm

Rainwater Harvesting Legislation:

I have been asked by Rep. Patrick Rose's office to review and comment on a Rain Water Harvesting bill, HB 1818 during a roundtable discussion this Tuesday at the Capitol!

http://www.legis.state.tx.us/BillLookup/History.aspx?LegSess=81R&Bill=HB1818

This bill has several references that defer to the homeowners associations as well as providing tax breaks to those who are interested in investing in desalination and brush clearing, which I am not in favor of given the amount of energy it takes to desalinize saltwater and the 'waste' of the brine. Though I am for the clearing of non-native plants that are water hogs but I'm not against ash juniper given it can be a creator of soil and serves as wildlife habitat for several endangered bird species!

Also This Week/Month:

Equality Texas Lobby Day - Monday March 2nd

http://eqfed.org/eqtx/events/lobbyday09/details.tcl

Texas Coalition Abolish the Death Penalty, Lobby Day - March 10th

http://www.tcadp.org/

Planned Parenthood, Lobby Day - March 12th

http://www.plannedparenthood.org/ppaustin/lobby-day-2009-21607.htm

Texas Moratorium Network, Lobby Day - March 24th

http://stopexecutions.blogspot.com/

Additional Legislation to Watch:

HB 1107 Relating to licensing of advanced practice registered nurses and the authority of those nurses to prescribe and order prescription drugs.

http://www.legis.state.tx.us/BillLookup/History.aspx?LegSess=81R&Bill=HB1107

SB 619 Exemption from the sales tax for certain solar energy devices.

http://www.legis.state.tx.us/BillLookup/History.aspx?LegSess=81R&Bill=SB619

HB 282 The designation of certain election days as state holidays = Election Day Holiday!

http://www.legis.state.tx.us/BillLookup/BillStages.aspx?LegSess=81R&Bill=HB282

For more Green supported Legislation check out the www.txgreens.org website

and to reference the additional information about legislation and the legislative process at

http://www.legis.state.tx.us

Lastly, in the form of explanation/disclaimer as to why I have taken this appointment on: I am new to this lobbying activity and consider myself a student to politics. I am Green, idealistic, yet realistic in that I am keeping this whole exercise under perspective as a crap shoot, recognizing both the gamble and theatre involved, with some educated approaches to the process.

I am certainly interested in results but am taking the long view for third parties, wanting to provide the Greens and our allies with an additional set of progressive energy toward positive and meaningful change. I look forward to working with you and creating strong coalitions.

Contact me at billstout-AT-txgreens.org