#TXLEGE: Abbott Thumbs Nose at Citizenry (pharmaceutical lobbyists got paid)

"And Pharaoh’s heart grew hard, and he did not heed them, as the Lord had said."
Exodus 7:13

Sigh:

Among the bills signed by Abbott at Thursday’s bill signing event was Senate Bill 11. Originally focused on school safety in the wake of the Santa Fe High School shooting in 2018, the bill was amended to include the creation of the “Texas Mental Health Care Consortium” after State Rep. Jonathan Stickland (R–Bedford) killed a separate bill to do exactly that on procedural grounds earlier in the evening.

....

Despite the bill’s unanimous passage in the Senate and near-unanimous passage in the House, many conservative activists raised concerns over parental rights, privacy, and the potential for over-medication of psychotropic drugs.

After the bill passed the legislature, a coalition of conservative organizations across the state, including Grassroots America We The People and the Northeast Tarrant Tea Party, wrote to Abbott to urge him to veto his priority legislation.

“We greatly appreciate your efforts to make schools safer. Regrettably, we cannot support these bills. SB 11 contained several features that directly addressed school safety. However, it also had provisions of concern. While some groups attempted to get these concerns addressed, the bill was only made worse,” the group said in a letter dated May 29. “We believe that the use of a psychiatric consortium that has inherent connections to the pharmaceutical industry simply puts Texas children at risk of dangerous psychotropic drugging and policies that lead to the same.”

The request fell on deaf ears, however, as Abbott signed the legislation without even responding to their objections.

 Bottom Line: Never waste a good crisis....

#TXLEGE: Larry Taylor's quiet revolution (Version 2.1) makes it across finish line

"And let us not grow weary while doing good, for in due season we shall reap if we do not lose heart."
Galatians 6:9

[Note: You can see our original piece "Larry Taylor's quiet revolution" piece from last session (aka. Version 1.0) here; you can see our piece from three weeks ago "Larry Taylor's quiet revolution (Version 2.0)" here.]

Over the past several days, we've been discussing the final version of the school finance bill with those we trust.  The type of unintended consequences we most feared seem...unlikely.  That being said, we stand by what we said Saturday:

#TXLEGE: I have no specific objection to these bills, but I still think it's scuzzy y'all are voting on them without having read them.... https://t.co/rnPDXKHPvz

— cahnman (@cahnman) May 25, 2019

[Note: A 72 hour "reading period" for the final version of any school finance bill is something we originally called for two years ago.]

Even with all that, however, for two years we've had two non-negotiable demands on any school finance bill:

• Meaningful tax relief (aka. compression)

• Whatever new spending does occur needs to go to the classroom, not the bureaucracy.

Given that criteria, it's hard to see the final version of the bill as anything other than a net win.

But that wasn't originally supposed to be...

...and the only reason that result emerged is because the Texas Senate, whatever their (many) other flaws this session, held firm.

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Tax Stuff:

The original version of HB 3 provided miniscule tax relief.  The version of HB 3 that passed the Senate contained a meaningful amount.  The final version of HB 3 actually contains slightly more tax relief than the Senate version (through a different mechanism).

The only reason that happened is because Larry Taylor stared down Dan Huberty in that conference committee...and Dan Huberty blinked.

Period.  End of Story.

But here's where the final version of the bill is truly revolutionary: It creates a long-term mechanism for ongoing tax compression without creating an equivalent mechanism for new spending.

The practical meaning is that, in future legislative sessions, the default "do nothing" position will be further tax compression.  If the legislature wants to spend, it will now require an affirmative act.  Some sessions, they might do that, but they ain't gonna do that every session.

Over the medium to long term, the new funding formulas are going shift power from educrats to taxpayers.

And that's quietly revolutionary.

--------

Teacher Pay Raises:

We've said our piece on this topic.  We're not really crazy about the concept.  But we've seen worse.  It's a middle of the pack idea.

Middle of the pack > bad.

Given that they legislature seemed determined to spend Billions on "education" this session...this was about the most bland, inoffensive, way they could have done it.

Furthermore, within the context of the current system, over time this shifts power from educats to teachers.

The original version of HB 3, however, was a blank check for bureaucrats.  Dan Huberty wanted to spend astronomical amounts on all school district employees, not just teachers.  Had that version passed, we would have never recovered from the perverse incentives.

Bland & inoffensive > never would have recovered.

The long-term implications from this power shift within the ISD's remains to be seen, but they could be significant.

-------

Bottom Line: If you're a taxpayer or a teacher, you like this bill.  If you're a bureaucrat, you don't.  It'll be very interesting to see how this plays over time....

#TXLEGE: Larry Taylor's Quiet Revolution; Version 2.0

"For he who sows to his flesh will of the flesh reap corruption, but he who sows to the Spirit will of the Spirit reap everlasting life."
Galatians 6:8

[Note: You can read our original piece "Larry Taylor's quiet revolution" from last session here.]

He did it again!!!

Last session, the house passed a terrible 'school finance' bill, which the Senate altered in ways that would have produced some pretty cool long-term outcomes.

This session, to this point, it looked like the only difference was that the house wanted to spend six times as much.

Then something interesting happened in the Senate:

The Texas Senate approved a bill Monday to massively overhaul public school finance, but it did so while backing away from a proposal to use an increased sales tax to lower school district property taxes.

....

The bill no longer includes an expansion in the homestead exemption from school district taxes. It lowers property tax rates by 10 cents per $100 valuation, instead of 15 cents, saving the owner of a $250,000 home $250 instead of $375.

...

Instead, the bill creates a Tax Reduction and Excellence in Education Fund to fund school district tax relief. State Sen. Kirk Watson, D-Austin, said a working group came up with a plan to get $3 billion from several sources, including the severance tax on oil and gas extraction and an online sales tax.

"This does not increase any taxes of any kind,” he said.

[Note: Emphasis added.]

There's a lot to like in this approach.

-------

10-cent Rate Compression:

This is real, meaningful, tangible tax relief.

It's not everything we want.  It's not everything we need.  But it's a start.

And it's an offer that should be accepted while its on the table.

We can do another 10 cents next session.

------

Severance Tax:

The Senate might have set out to solve school finance...but they may have just, unintentionally, solved the Rainy Day Fund.

In Texas, the "Rainy Day Fund" (formally called the economic stabilization fund), is funded through Oil and Gas severance taxes.  When the energy industry does well (*), it begets windfall levels of revenue for state government.  Windfall revenues inevitably creates temptation to spend.

It's why, during every session in recent memory, there's been serious pressure to raid the rainy day fund.

A politician who is tempted to spend...will eventually spend.

It's human nature.

By dedicating severance taxes to property tax buydowns, you change the entire incentive structure surrounding the rainy day fund.

Once again, this is an offer that should be accepted while it's on the table.

* -- Which, as long as the fracking boom is allowed to continue, means essentially forever moving forward.

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Bottom Line: A 10-cent rate compression alongside macroeconomic reforms to the severance tax is a pretty dadgum good place to start....

#TXLEGE: Larry Taylor's Permanent School Fund Stunt

"There is desirable treasure,
And oil in the dwelling of the wise,
But a foolish man squanders it."
Proverbs 21:20

Via RPT:

Tomorrow, Tuesday April 9, SJR 78 will be heard in the Senate Education Committee. The bill will remove responsibility for the Permanent School Fund (PSF) from the elected State Board of Education (SBOE) to an unelected entity. The SBOE and its oversight of the PSF have been long time and current planks of the Republican Party of Texas Platform. The Republican Party of Texas State Executive Committee (SREC) passed a resolution reaffirming the SBOE’s responsibility for the PSF.

The PSF pays for textbooks and per student funding. It is not funded by taxpayer dollars, has achieved solid investment performance over the past decade, and its management by the SBOE allows the coordination of the State Board of Education’s materials purchase decisions with the Permanent School Funds’ investment performance.

SBOE members will be testifying against the resolution to remove the constitutionally assigned responsibility for the fund from the Board tomorrow. Join them in supporting their constitutional authority and the Platform of the Republican Party.

Please encourage your elected Representatives and Senators to vote against SJR 78.

It's insane. In a session where school finance is the alleged hot topic, they want to raid the most secure source of long-term school funding. Your "conservative" legislature. Bottom Line: Nothing good....

#TXLEGE: All teachers are taxpayers; not all taxpayers are teachers....

"There is desirable treasure,
And oil in the dwelling of the wise,
But a foolish man squanders it."
Proverbs 21:20

Cary Cheshire raises some very important points:

Nearly $4 billion.

That’s the current price tag of Lt. Gov. Dan Patrick’s proposal to increase public school teachers’ annual salaries by $5,000 across the board, a proposal before the Texas Senate in the form of State Sen. Jane Nelson’s (R-Flower Mound) Senate Bill 3 (which is coauthored by a supermajority of the Texas Senate).

While SB 3 was initially anticipated to cost $3.7 billion, lawmakers realized doing so would increase the obligations for teachers and the state to the retirement funding. Nelson provided for that new obligation (and for the state providing the teachers’ funding) in her committee substitute on Monday—driving SB 3’s estimated cost up to around $3.9 billion.

....

As it stands, the $3.9 billion is in addition to $2.63 billion in increased public education funding in the state budget, and $400 million in the supplemental budget. Those numbers include $2.4 billion to fund enrollment growth, $230 million to maintain current health insurance premiums in TRS-care, $100 million for school safety improvements, and $300 million to address pension liabilities in the Teacher Retirement System.

For the folks counting at home that’s nearly $7 billion in new spending slated for K-12 public education under the plans proposed by the Texas Senate. And most observers expect that number to increase by perhaps another one or two billion more before lawmakers are done in Austin.

Meanwhile, taxpayers are being offered a paltry $2.3 billion for “property tax relief” on their school tax bills. Well, supposedly it’s that much.

....

It’s estimated the state will “recapture” between $5 billion to $5.5 billion from school districts through the Robin Hood tax over the next two years. Lawmakers could afford to abolish Robin Hood entirely—reducing school tax bills by more than one-third in areas with the highest taxes in the state—and still have a billion and change left over.

Cary is completely correct.  We are starting to discuss gargantuan levels of new state spending.  If that's going to be the case, then we need to have a much more serious conversation about ABOLISHING Robin Hood.

The only reason completely abolishing Robin Hood hasn't been discussed previously is because it's very expensive.  But the lege are the ones introducing numbers of this magnitude.  If that's going to be the case, then Dan Huberty and Larry Taylor need to examine their priorities.

This website has made it pretty dadgum clear that we don't, inherently, have a problem giving raises to teachers.  It's a worthwhile goal.  But not at the expense of taxpayers.

Bottom Line: If this level of new spending is on the table, then completely abolishing Robin Hood also needs to be on the table....

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Representative Dan Huberty: (512) 463-0520.

Senator Larry Taylor: (512) 463-0111

#TXLEGE: Some VERY GOOD NEWS (and some concerns) from Taylor

"Train up a child in the way he should go,
And when he is old he will not depart from it."
Proverbs 22:6

Due to a late breaking personal issue, we were not able to attend Larry Taylor's Trib appearance this morning, but we did watch it online:



The top-line takeaway is that Taylor unequivocally endorsed cutting property taxes as part of an school finance package.  Period.  End of story.  Specifically, Taylor promised Texans "significant property tax savings."

We thank Chairman Taylor for making this promise, but we expect him to follow through.

Taylor also had some very good things to say about the difference between paying teachers and shoveling money into bureaucracy.  We should (within reason) support the former but oppose the latter.  Taylor also explained the relationship between the Senate's base-pay proposal and the soon to be forthcoming merit pay plan.  It's along the lines of what we suspected last month.

Unfortunately...there was also pre-K.  Specifically, Taylor said he wants to "fully fund" "full day" pre-K.  In fairness to Taylor, he hid behind euphemisms like "high quality" and promised to restrict the program to "low income" students.  Nothing good can come from this proposal.

Bottom Line: All things considered, it was probably about a 70% positive performance.  If you're getting a merit pay system AND a big property tax cut, across the board teacher pay raises are a good trade.  But yikes on pre-K....

#TXLEGE: Taylor correctly characterizes Huberty's "school finance" spend-a-thon....

"For he who sows to his flesh will of the flesh reap corruption, but he who sows to the Spirit will of the Spirit reap everlasting life."
Galatians 6:8

From the Senate's press conference this morning:

"The time for tinkering around the edges and making minor changes is over," [Larry]Taylor said, adding that a one-time influx of money to the system is a "political fix" and "not a long-term solution." He also likened the House's plan to attempting to drive a broken-down car "knowing you will be facing expensive repairs and ultimately be driving it into the ground."

BINGO.

At times throughout this debate, Dan Huberty has attempted to argue that his 'school finance' bill either reforms education or provides property tax relief.

As we explained two weeks ago to Huberty's committee, both of those notions are false; Huberty's bill is nothing but a spending bill.

In theory, you could write a school finance bill that's also an education reform bill [Note: Larry Taylor did just that during the regular session] and/or a property tax relief bill.  But the bill Dan Huberty is currently touting does neither of those things.  Huberty's bill merely throws good money after bad into the socialized education status quo.

Bottom Line: Kudos to Larry Taylor for telling the truth about the house's ongoing 'school finance' smokescreen....

#TXLEGE: Thoughts about today's Senate Education hearing....

"The fear of the Lord is the beginning of knowledge,
But fools despise wisdom and instruction."
Proverbs 1:7

[Note: The hearing can be viewed here; our testimony on the school choice bill can be found around the one hour mark.]

The Texas Senate education committee is currently hearing two bills.  The first relates to parental choice and the second to school finance.  We testified "on" the former, and were signed up to testify "on" the latter but had to leave.

The most important item people need to understand about the current incarnation of the parental choice bill is that IT'S COMPLETELY DIFFERENT FROM THE BILL THAT WAS CONSIDERED DURING THE REGULAR SESSION.  SB 2, by Larry Taylor, would create "tax credit scholarships" for special needs students whereby outside parties can receive a state tax deduction for donating to certain scholarship funds.  This is a significantly more complicated mechanism that what was discussed during the regular session.  By contrast, during the regular session, the Senate proposed "education savings accounts" which would have taken money currently going into the bureaucracy and given it instead to parents to spend however they see fit.

We testified that we don't like that the Senate has shifted course between the regular and special sessions.  Furthermore, we worry that creating new tax credits conflicts with other long term goals related to tax simplification.  Senator Bettencourt largely agreed but asked us if we'd accept tax credit scholarships as a starting point, to which we have to say it depends on how they're structured.

Beyond that, we will note that we were impressed by an exchange Senator Campbell had with a rural superintendent.  When the superintendent attempted to claim no one in his organization supported increased parental choice, Campbell asked his whether his organization represented parents or superintendents.  Under questioning, the superintendent admitted his organization only represented the latter.

On school finance we were unable to testify, but we would have re-emphasized the point we made yesterday: IN THE EVENT THAT THE HOUSE AND SENATE REACH AN AGREEMENT ON SCHOOL FINANCE (which, to be honest, we don't think is going to happen), WE WANT IT TO BE POSTED FOR AT LEAST 72 HOURS BEFORE IT'S VOTED UPON IN EITHER CHAMBER.  In other words, we want to read the bill first.  But again, we think it's unlikely that the house and senate reach an agreement which would render the above paragraph moot.

That being said, depending on the details, the following broad principles could get this author to a 'yes' on a major school finance bill:

• Significant movement toward student centered funding from district (ie. bureaucrat) centered funding.
• Note: We think that's DOA in the house.

• Significant Property Tax relief: To have the state pick up a greater share of the education tab might be a conversation worth having.  But any increase in state level funding must be offset by a decrease in local property taxes.  HB 21 from the regular session, in the form it passed the house, did not accomplish this objective.

• Repurposing existing dollars from the bureaucracy into the classroom; the Governor and the Senate have said a lot of good things on this topic recently, but those provisions need to have teeth.

• Capping superintendent salaries to say that no school district could pay their superintendent more than the Governor.

Bottom Line: We're currently neutral on both of these bills and we can plausibly see ourselves breaking either way.

#TXLEGE: Abbott tosses Democrats a crumb to prevent quorum bust....

"In measure, by sending it away,
You contended with it.
He removes it by His rough wind
In the day of the east wind."
Isaiah 27:8

Governor Abbott has officially expanded the call...with a curve ball:

Texas legislators could end up passing bills to reform the state's school finance system and help out retired teachers this special session.

After the Senate voted early Thursday morning to pass a bill keeping several key state agencies alive, Gov. Greg Abbott immediately expanded the special session agenda by adding 19 items — and dramatically expanded the focus of two education-related priorities he had announced last month.

When Abbott announced his call for the special session in June, he said he would ask legislators to increase teacher pay by $1,000, and to establish a commission to recommend improvements to the beleaguered school finance system. The expanded call Thursday would allow legislators to pass bills improving a state-run health care plan for retired teachers and making major reforms to the school finance system, including the extension of a state aid program that would help mostly small, rural school districts.

Translation: Busting quorum is no longer a politically viable action for the Democrats.  If they were to bust quorum with school finance and TRS-care on the call, their base in the socialized education industrial complex would (justifiably) go bonkers.  Abbott knows this.

As to the substance of the issue...it's too early to tell.  In terms of broad philosophical alignment, we're favorably inclined to where the Lt. Governor and Larry Taylor want to go.  But on big, complicated, topics like school finance and TRS-care the devil will always be in the details.  Personally, we had planned on using the special session to move the philosophical discussion in the right direction while sweating those details closer to next session.  But the Governor's action changes that calculation.  Those details now matter a lot more.  We'll leave it at this: assuming, for the sake of discussion, that the house and senate are able to reach an agreement among themselves (*)...we want any 'compromise' bill that emerges from that process to be posted for at least 72 hours before it is voted upon in either chamber so that people (ie. this author) have a chance to read it.

Bottom Line: Theoretically, if a lot of conditions are met, we'd be willing to pass major school finance and TRS-care bills during the current special session.  But abstract theory and practical application are not the same thing.  And we will caution all interested parties that, if we can beat Warren Buffett, we can kill a school finance bill.

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* -- Note: That's an AWFULLY big assumption.  We suspect that the philosophical divide between the two chambers is too wide to bridge given the current roster of each.  Thus we don't think there will be any major changes to school finance prior to both the primary and general elections in 2018 (but we could be wrong).

#TXLEGE: Patrick's Press Conference

"These are the things you shall do:
Speak each man the truth to his neighbor;
Give judgment in your gates for truth, justice, and peace;"
Zechariah 8:16

[Note: The Trib's facebook page was the only place we were able to find the video in an embedable format; following some introductory commentary from one of their reporters, the Lt. Gov's remarks start at the 15:00 minute mark of the video.]

Lt. Gov. Patrick held a press conference this afternoon to discuss the special session and unveil the Senate's school finance plan:



Highlights:

• "I support all 20 bills that the Governor has put on the call for the special session that begins next week.  I've got my 20 for 20 pin on...I've noticed a lot of House members wearing it as well.  We've already passed 10 of those out of the Senate; they were killed by the speaker and that's why they're back on the call."

• "During the [regular] session we passed 30 of 30 of our priority bills and I intend to pass 20 of 20 of the Governor's priorities."
• "Clearly, the people support this legislation."

• "The Senate will hit the ground running next week, and as always we will be efficient and get the work done."

• "I believe the House can pass 20 for 20 as well...if they ever get a chance to vote for them on the floor."

• "A bold and serious plan to increase teacher pay."

• "Teachers are the most important part of a child's education; we must make every effort to compensate them for the work that they do."

• "Laying out a plan to end recapture."
• aka. Robin Hood.

• "This is a serious plan, which is different from what the speaker laid out during the regular session and continues to talk about; THAT WAS NOTHING MORE THAN AN EDUCATION PONZI SCHEME."
• Note: OUCH!!!

• "The speaker's school finance plan took $1.5 BILLION from the foundation schools plan; it would have delayed paying school districts one month to give them the same money."

• "There was no funding in the speaker's finance plan; it was a ponzi scheme."

• Straus' regular session education funding shell game "was a dangerous political stunt."

• Property tax reform "needs to pass."

• "Where do you get billions more for education?!?  The only way to do it is a state income tax."

• "I will not join the speaker in laying the groundwork for a state income tax."

• "Let's stop talking about billions of dollars coming out of nowhere."

• "Just throwing billions at [education] won't make a difference, and I'm offended to see anyone try to use public education as a political tool and a political stunt, promising to throw billions at it without a plan and not telling people where the money's coming from."

• "We spend 52% of all the money we have [in the state budget] on education."
• K-12 = 38%

• "There is no more money, Mr. Speaker."
• "We're not hiding $1.5 billion under the Sam Houston mattress in the Governor's mansion."

• "At the local level, and at the state level, [education] is our priority."

• "Every agency always wants more, but we are not underfunding education, it's over half of our budget."

• Since 2000, education spending up 108% while enrollment is only up 32%
• "Teacher pay has only gone up 35%."

• "Where's all the money going?!?"

• "Teachers are the key.  Buildings don't educate students.  Expensive stadiums don't help teachers to help kids to read or solve math problems."

• We spend $163k per classroom on average while teachers get 52k.

• Less than 32% of the education budget goes to teachers.

• If you redirected 5% of the money that's going into the bureaucracy you could give teachers an $8000 raise.

• Longevity bonuses for teachers coming from the state.

• Retired teachers with 20 years + experience will get $600/month longevity bonus.

• $200 million for TRS.

• How do you pay for this?!?
• We need to direct that money.
• In the short term, make a deferral from a managed care fund.
• In the long term, pass a constitutional amendment to dedicate funding for teachers from the lottery funding that's already dedicated to education.
• "We're just directing the money to teachers, because [school districts] aren't."

• Robin Hood: Never more than $1.5 billion per budget cycle.
• 1% in savings across the state budget can cover the Robin Hood payments.

• Nelson and Larry Taylor carrying the bills.

#TXLEGE: Larry Taylor's quiet revolution....

"For he who sows to his flesh will of the flesh reap corruption, but he who sows to the Spirit will of the Spirit reap everlasting life."
Galatians 6:8

This is very, very good:

The Texas Senate approved 21-10 a bill early Monday morning that would inject about $530 million into the public education system while creating a so-called school choice system that would redirect state money to help students pay for private school tuition.

House Bill 21, originally would have injected $1.6 billion extra into the public school system through updating and adding various elements to the school funding formula. However, the Senate has reduced the extra funding to about half a billion dollars, which would go to pay for:

• $150 million for about 150 school districts that will lose so-called Additional State Aid for Tax Reduction funding in September through a hardship grant program. The amount of grant money such school districts would receive would be based on their tax rate.

• More funding for school district construction and establish such funding for the first time for charter schools. 

• Funding for schools to educate students with dyslexia.

• $20 million grant program for public schools to educate students with autism in third grade and lower.

• A state commission to study and make recommendations on how to improve the school finance system.

The Austin school district would not receive any extra funding from HB 21....

Here's the thing: For as much as we would love to dismantle the socialized education industrial complex, that's...probably not feasible...in the short to medium term. Too many people have a romantic attachment to so-called "public schools."  In our pluralistic society, a short-term compromise that moves the ball forward in terms of parental choice and simplified funding formulas would represent tangible progress for students and taxpayers.

And, from that place of tangible progress, we can prepare our next ask.

We concur with this statement from TPPF:

TPPF Applauds Legislation Providing Education Savings Accounts for Children with Special Needs

House Bill 21 includes education savings accounts for special needs students AUSTIN – Texas Public Policy Foundation’s (TPPF) Dr. Kevin Roberts, executive vice president of TPPF, and Stephanie Matthews, senior policy advisor with the Center for Education Freedom at TPPF, issued the following statements on the Texas Senate passage of House Bill 21, as amended, relating to establishment of an education savings accounts (ESAs) for children with special needs.             "Parents of special needs students can be grateful for this important step to secure the best educational option for their children," said Roberts. "In spite of the heroic effort of public school teachers, sometimes a special needs child will flourish in a different school. Congratulations to the legislators who recognize this fact, giving parents an additional tool for helping their kids."           "Nothing is more important to the future of our state than education," said Matthews. "This bill opens doors to Texas students by providing more funding and empowering parents of the most vulnerable students with options. With this bill, parents of special needs students will have the ability to determine the best educational environment for their child."

Finally, we would like to thank Chairman Taylor for addressing the concerns we raised during our committee testimony about the price-tag.  Chairman Taylor cut over $1 BILLION from the fiscal note between the committee hearing and last night's floor vote.  This development can only help.

Bottom Line: With major school finance changes unlikely to cross the finish line this session, Chairman Taylor's efforts represent a quality starting point for future efforts.

#TXLEGE: Senate's TOTALLY AWESOME School Finance COUNTERPUNCH!!!

"For he who sows to his flesh will of the flesh reap corruption, but he who sows to the Spirit will of the Spirit reap everlasting life."
Galatians 6:8

[Note: The hearing can be seen here and here; our testimony is at the 53:30 mark of the second link]

Sometimes events transpire in a way that prevents you from making a fool of yourself.  That happened this morning, when we were signed up to testify against the school finance bill under consideration in the Senate.  Fortunately, the Senate Education committee recessed to go to the floor in time for us to realize Chairman Taylor put forth a committee substitute.

The Trib details the substitute:

Top Senate education leader Larry Taylor took up the House's major school finance reform bill in committee, but tacked on a controversial provision subsidizing private school tuition for special needs students — a move unlikely to go over well in the House.

The Senate Education Committee on Thursday morning held a public hearing on the Senate's version of House Bill 21, which Taylor, R-Friendswood, said would cost much less than the House version — which has been pegged at around $1.6 billion. Public education advocates who expected to speak in favor of HB 21 ended up switching their position to oppose it once they heard it included tuition subsidies for students with disabilities.

House members have also expressed their overwhelming opposition to any subsidies for private schools.

“Are they really willing to vote no on the bill that does all those positive things because of one part they don’t like?” Taylor told the Tribune. “For the most part, districts won’t be affected by this at all.”

Let's not kid ourselves: this is a political tit-for-tat to repay the House for gutting the Senate property tax bill...but that political tit for tat is awesome!!!

Obviously, the House won't let this bill get anywhere near the Governor's desk, but since we're playing this game we suggest the following floor amendments:

• Anything that "lowers the fiscal note."

• Making the Education Savings Accounts universal.

• The granddaddy of them all: A provision that prohibits school districts from paying their superintendents more than the state of Texas pays the Governor.

Bottom Line: We've been opposed to the House school finance plan since the day it was unveiled, but we totally support the Senate substitute and commend Chairman Larry Taylor for promoting it!!!

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Texas Senate holds Educational Freedom press conference

"Take firm hold of instruction, do not let go;
Keep her, for she is your life."
Proverbs 4:13

[Author's Note: You can view the press conference in it's entirety here.]

Senator Larry Taylor filed SB 3 this morning.  The bill gives parents greater control over funds the socialized education bureaucracy was going to spend no matter what.  We took notes and will refer readers to the linked video above if they want to view the conference in it's entirety.

• Senator Larry Taylor:
• Parents will receive between 60% and 90% of what the state spends per student on a sliding scale based on income.
• Competition from Education Savings Accounts will force the socialized education bureaucracy "to up their game."
• Result of the bill will be more funding per student for school districts.
• 30 other states already have school choice programs.
• Author's Note: And they tend to be wildly popular even in liberal states.
• The worst school districts are the ones that will fight parental choice the hardest.

• Lt. Governor Patrick:
• People are surprised when they learn approximately half the state budget goes to education.
• House needs to give the bill a vote and let the chips fall where they may.
• OVERWHELMING Majority of home-school families support this legislation; while the concerns of those with objections are valid, ultimately we're talking about a voluntary program in which they don't have to participate.
• Author's Note: It's also worth pointing out that homeschoolers are already subject to testing (the SAT's) if they want to attend any college within the system.

• Senator Don Huffines:
• Competition lowers prices and increases quality.

• (Parent) Melissa Bofinger:
• Her local ISD does a good job educating her daughter, but doesn't meet the needs of her autistic son.
• Author's Note: We know Melissa personally, so we know the ISD in question and we'll just leave it at this...if her relatively affluent ISD can't accommodate her son with special needs, imagine what it means in less wealthy parts of the state.

After the press conference, the Lt. Governor released this additional statement:

TPPF released the following statement:

TPPF Statement on Education Savings Account Legislation AUSTIN –Texas Public Policy Foundation President & CEO Brooke Rollins, Executive Vice President Dr. Kevin Roberts, TPPF’s Center for Education Freedom Senior Policy Advisor Stephanie Matthews, and Senior Visiting Fellow Peggy Venable issued the following statements today on legislation that would establish education savings accounts in Texas. The bill, Senate Bill 3, was announced today by Lieutenant Governor Dan Patrick and introduced by Texas Senator Larry Taylor, Chairman of the Texas Senate Committee on Education.           “Twenty-eight years ago, this Foundation was established with one goal in mind: to achieve education freedom for all Texas students and families” TPPF President and CEO Brooke Rollins said. “The legislation announced by the Lieutenant Governor means this dream may finally become a reality in this legislative session.”           “Education freedom is a top priority for the Foundation, and more importantly, for the future of Texas,” said TPPF Executive Vice President Dr. Kevin Roberts. “Parents deserve the right to choose the best education for their children. This legislation, if the 85th Legislature enacts it, will ensure that every Texas child is given the opportunity to succeed.”           “With over 60 school choice programs operating in 30 states, plus Washington, D.C., Texas is long overdue to expand educational options for desperate families,” said Senior Policy Advisor Stephanie Matthews, of TPPF’s Center for Education Freedom. “We are grateful for the strong leadership and support from the Lt. Governor, and believe this will be the Session to finally pass Education Savings Accounts.”           “Far too many Texas children are assigned to failing schools by virtue of their zip code. Senate Bill 3 embodies the Texas spirit of individual freedom and opportunity,” said Senior Visiting Fellow Peggy Venable. “This important legislation empowers parents to direct their children’s education and provides opportunity for all Texas students to succeed.” The Texas Public Policy Foundation’s work on Education Savings Accounts is available here: http://txpo.li/EduFreedom

Does Freedom have a place in Education?!?

"Take firm hold of instruction, do not let go;
Keep her, for she is your life."
Proverbs 4:13

TPPF Policy Orientation: Education Savings Accounts: The Solution Texas Needs?!?

Stephanie Matthews, TPPF:

• Too many families don't have educational options.

• Education Savings Accounts can be used for virtual learning, which is fantastic for rural areas.

Thomas Ratliff, Texas Association of School Administrators (formerly of the State Board of Education):

• Blah, blah, "local control."

• If you want school choice, move.
• Note: He recently moved into Grand Prarie ISD, which has a school choice program within its district; we don't begrudge Mr. Ratliff making the decision to educate his children in the best way he sees fit, but we will simply wish that every family in Texas had the same options while noting the hypocrisy.

• Something, something, transportation to school for poor kids.

• "With tax dollars comes transparency and accountability."
• Author's Note: This is bureaucrat-speak for saddling a program with so many regulations as to render it ineffective.

• Something, something "protections."

• Something, something "your neighbors tax money."

• Author's Note: For those who are new to Texas' state level politics, you can learn more about the older history of our good friend Thomas Ratliff here.

Marty Lueken, EdChoice:

• School choice programs take up less than 2% of the education budget in every state where they exists; less than 1% of all education spending nationally.
• Author's Note: That sounds like a bug, not a feature.

• School choice saves school districts money.

• Districts deal with enrollment fluctuations all the time.

Patrick Wolf, University of Arkansas:

• Research evidence on school choice is clear about how it benefits students academically.

• Competition also benefits children who stay in government schools by forcing them to get their act together.

• States who have tried school choice have liked it and want more.

Senator Larry Taylor (Likely Education Committee Chairman):

• There are always going to be kids whose needs aren't met by the current socialized education model.

• At least 25 other states already have some sort of school choice program and most of the states who initially implemented a program have expanded it further.

• You don't need that many kids to participate in a school choice program to benefit the rest of the system.

• Rural Republicans like to argue parental choice will "destroy public education" in their community then say there just isn't the demand in their community for school choice to make a difference; they can't have it both ways.

On The Issues: Grading the 84th #TXLEGE

"He who covers his sins will not prosper,
But whoever confesses and forsakes them will have mercy."
Proverbs 28:13

The 84th Texas Legislature is mercifully over.  How'd they do?!?  They had a few modest successes, but on most issues they did the bare minimum if they addressed it at all:

Two Year Budget: B -- Whatever their performance elsewhere, this legislature produced a "reasonably not crappy" budget.  To their credit, the growth rate in this year's budget came in under 'Inflation + Population.' Last Summer, the conservative budget coalition identified the Inflation + Population target as 6.5% growth in the all funds budget.  The final growth rate came in a smidgen under 4%.  In addition, the budget contained meaningful pro-life riders and ended one major transportation diversion.

Pro-Life: C -- The good news: The 84th Legislature passed two substantive pro-life laws.  HB 3994 (Morrision) closes the loophole ridden process by which a minor may obtain an abortion without parental consent.  HB 3074 (Springer) begins to reform the draconian Texas Advance Directives Act.  These are both meaningful improvements.  Unfortunately, even getting these two bills across the finish line required pulling teeth.

The Bad News: Byron Cook.  SB 575 (L. Taylor) would have prohibited insurance companies from forcing Texans to subsidize elective abortions.  After the bill came over from the Senate, Cook slow walked it for two weeks.  Then Byron Cook gutted the bill out of spite.  Then, on the final day to consider legislation, Cook killed SB 575 in order to focus on anti-First Amendment legislation.

The Bottom Line: The only reason meaningful pro-Life legislation passed this session was the dogged and indefatigable work of Texas Right to Life.  Unfortunately, even on the successful bills, the process unnecessarily dragged on for months.  Pro-lifers were often forced to resort to floor amendments because hostile leadership in the Texas House wouldn't pass meaningful legislation out of committee.  All this in a legislative body with 97 allegedly pro-Life Republicans.  Don't get us started on J.D. Sheffield.

Tax Relief: C- -- Reductions in tax rates are always welcome.  The good news is that the 84th legislature cut rates instead of coming up with gimmicky "tax credits."  Nonetheless, we find it difficult to get excited over this tax package.

While lower rates are always welcome, the 84th legislature failed to address the primary economic burden of either the margins tax or property taxes.  The primary burden of the margins tax are compliance costs.  Appraisal creep is the main way property taxes hurt Texans.  Neither the margins tax nor the property tax system were structurally reformed.  Unfortunately, efforts to do so either died in committee or on the House floor.

The tax relief package from this session can best be described as a "lukewarm"; as Jesus tells the Church at Laodecia: "So then, because you are lukewarm, and neither cold nor hot, I will vomit you out of My mouth."

Border Security: D -- The 84th legislature passed a bill that throws money at the border without addressing the core problem.  While no one opposes having the national guard in South Texas, HB 11 allows them to do little more than continue the Federal Government's catch and release 'strategy.'  While it's better than nothing, the changes are more cosmetic than substantive.

The most important piece of legislation, the interstate compact for border security, passed the Senate before dying in the House.  In addition, efforts to end sanctuary cities and tuition subsides for illegal aliens fell flat.  The legislature did pass a watered down version of e-verify for state agencies.

The result was a package that, while it's an advancement from the status quo, nonetheless remains uninspiring.

Second Amendment: D -- Well whoop-de-doo, open carry and campus carry passed!!!  Huzzah!!!  Our second amendment rights have been restored!!!

Sarcasm aside, the 84th Texas legislature did the bare minimum to advance the second amendment.  Both open carry and campus carry were substantially watered down during the legislative process.  Similar to pro-Life, getting these bills across the finish line was like pulling teeth.

Meaningful second amendment legislation (ie. Constitutional Carry), meanwhile, failed to get a hearing in the Senate and was lawlessly and maliciously killed in the House.

Transportation: D -- During last year's campaign, Governor Abbott promised to fix Texas' roads "without raising taxes, fees, or tolls."  To their credit, the legislature fixed one of the minor diversions by which money intended for transportation gets siphoned off into other uses in the budget.  Texans will vote this fall on whether to approve a complicated new funding source for road construction.

Unfortunately, the Governor and legislature took TxDOT's claim they need an additional $5 Billion at face value.  There was never a serious effort to reform TxDOT or other transportation entities.  Thus they poured money into the same dysfunctional system.

Meanwhile, the 84th legislature did little to address the double-taxation inherent in the state's toll road system.  Under the leadership of Joe Pickett in the House and Robert Nichols in the Senate, the most important toll road reforms failed to get a hearing.  They failed to stop the flow of public money to toll roads or to retire tolling after construction debt is repaid.  Instead, we got a toll road elimination "study."  Another noteworthy development was that Joe Pickett remained so committed to red-light cameras that he killed his own bill rather than pass a prohibition (and, of course, this).

Education: F -- The 84th Texas legislature failed to pass reforms to the state's education bureaucracy.  School choice received some buzz at the beginning of the session.  Unfortunately, the final version of the bill was watered down in the Senate before being killed in the House.

The primary action on education was the Governor's bizarre, myopic, commitment to pre-K.  While Tea Party opposition helped defang the bill, the Governor's inexplicable commitment sucked the oxygen out of all other education reform efforts.  Massive missed opportunity.

Meanwhile, the grassroots are stuck asking the Governor to veto SB 313/HB 2811, two bills that would undermine Texas' educational standards in favor of a Common Core lite approach.

Ethics: F -- Where to begin?!?

After the Governor made Ethics reform one of his priority items, Senator Van Taylor filed a strong Ethics reform bill.  Even after having been watered down in the Senate, the bill was still a meaningful step forward.  The bill passed 31-0 in the Senate and headed to the House.

In the House, Byron Cook sat on the bill for two weeks before completely re-writing it.  Rather than require information from public officials, the re-written bill repackaged House leadership's longstanding anti-Empower Texans legislation with a new provision banning filming lawmakers.  A bill that was supposed to be about accountability for public officials instead became an assault on the rights of private citizens.  Fortunately, the re-written bill was D.O.A. in the Senate.  And yes, this is the bill that was used to kill pro-life legislation that we discussed above.

"Fit hits the Shan" Preparation: F -- The 84th legislature passed a "Gold Bullion Depository" bill that was so watered down as to be meaningless.  Efforts to harden Texas electrical grid from EMP attack went nowhere once the electric companies voiced their opposition.  American Laws for American Courts passed the Senate too late for it to matter and was killed twice in the House.

Religious Liberty: F -- On no other topic was the 84th Texas Legislature more callow or pathetic.  The Texas Association of Business created a Potemkin Village and gullible Republicans took the bait.   You know it's bad when the Texas "Freedom" Network sends out this type of congratulatory press release.

While a meaningless "Pastor Protection" bill was passed, efforts to reign in local tyranny or protect the conscience rights of adoption providers went nowhere.

There could yet be a special session on this topic.

Structural Fiscal Reforms: F -- In 2012, 94% of Republican primary voters endorsed a constitutional amendment that would limit growth in state spending to inflation + population growth; for the second session in a row, Republicans in the Texas Legislature failed to deliver.

At the beginning of the session, Lt. Governor Patrick and Jane Nelson floated a clever idea that would have altered the rules for how state fiscal policies were recorded.  The Patrick/Nelson proposal would have encouraged tax relief and debt repayment over traditional government spending.  Unfortunately, this proposal went nowhere as it couldn't even get all the Senate Republicans on board.

SB 9 (Hancock) was a statutory attempt to tighten the current spending limit.  It passed the Senate in plenty time.  Unfortunately, John Otto gutted and killed it in the House.

Higher Education: F- -- They gave the universities a brand-new $3 BILLION slush fund.  They overwhelmingly confirmed Abbott's AWFUL U.T. Regent nominees.  Repeal of Tuition DeReg died in Committee.

Bottom Line: We had low expectations heading into this session; it met them.

First Amendment Tuesday: Detailing all the Wreckage

"and for me, that utterance may be given to me, that I may open my mouth boldly to make known the mystery of the gospel,"
Ephesians 6:19

Today is the deadline for worthwhile bills to move in the legislature; on that note, First Amendment Tuesday this morning detailed the bills stuck behind an absolutely AWFUL "Ethics" bill.

Tony McDonald (Empower Texans) (Partial):



Highlights:

• SB 19, by Byron Cook, would prohibit Churches from passing collection plates.

Ann Hettinger (Concerned Women for America):

Highlights:

• American laws for American courts is dead.

• Debbie Riddle was an initial sponsor of ALAC.

• 1/3 of the adoption agencies in Texas are faith based.

Mary-Lynn Gerstenschlager (Texas Eagle Forum):

Highlights:

• TLO is one of the best uses of our tax dollars.

• SB 313 (Seliger) -- AWFUL bill would re-write TEKS.
• HB 2811 (Huberty) also viable

• SB 1200 -- Larry Taylor has a bill that would undermine State Board of Education.

• "If the foundations are destroyed...."

• SB 9 is TERRIBLE now; worse than doing nothing.

David Walls (Texas Values):

Highlights:

• The left is radically opposed to religious freedom.

• Anything on religious liberty is "Indiana-style."

• SB 206 -- Amendment by Scott Sanford.

• SB 19 is a threat to everyone.

Emily Kebodeaux (Texas Right to Life):

Highlights:

• SB 575:
• Would have originally banned abortion coverage under Obamacare, Private Insurance, and State Employee Plans.
• Byron Cook delayed it then gutted it.
• TxRTL was offered a deal on SB 575 for pulling amendments on Sunset Bills
• Debbie Riddle and Patricia Harless voted no.
• Sarah Davis and Patrica Harless were trying to break Quorum.
• SB 575 will only hit the floor at 11:50 pm (if at all).
• HB 3994 is a GREAT bill.

Byron Cook waters down pro-life bill out of spite

"They sharpen their tongues like a serpent;
The poison of asps is under their lips."
Pslam 140:3

We can't even:

The House State Affairs Committee passedSenate Bill 575 by Republican Larry Taylorof Friendswood on a 7-1 vote after amending it to only ban insurance coverage on health insurance purchased through the federal Affordable Care Act’s marketplace.

Originally, SB 575 would have banned abortion coverage on both ACA plans and private health insurance plans. The committee instead amended the bill so that it mirrored a measure filed in the House by state Rep. Marsha Farney, R-Georgetown, and approved by the committee this month before dying on a House bill deadline
....

The measure still has to clear several hurdles. It must be placed on the House calendar by 10 p.m. Sunday and passed on the floor by Tuesday.

[Emphasis added]

First off, obviously, the amended version of the bill is FAR more permissive towards the abortion industry than the original.

But where this is even more insidious is that if the House passed the bill in it's current form, it would have to go BACK to the Senate for them to concur.

Bottom Line: Unless the bill is amended on the House floor, how many babies will die between now and the start of the next legislative session because Byron Cook would rather spite conservatives than pass a pro-life bill with teeth?!?

Pro-Life Update: Will this session be a Pro-Life victory?!?

"Therefore the Lord will have no joy in their young men,
Nor have mercy on their fatherless and widows;
For everyone is a hypocrite and an evildoer,
And every mouth speaks folly.
For all this His anger is not turned away,
But His hand is stretched out still."
Isaiah 9:17

With Thursday's deadline looming, the Texas House has passed ZERO pro-life bills (so far):



Highlights:

• Senate passed the first pro-life bill out of either chamber last week.

• Thankful for Drew Springer's help on HB 3074.

• At this point, the biggest threat is the clock and the lack of action from many who claim to be pro-life.

First Amendment Tuesday: Fire the Coaching Staff?!?

"and for me, that utterance may be given to me, that I may open my mouth boldly to make known the mystery of the gospel,"
Ephesians 6:19

First amendment Tuesday; it's certainly not boring!!!

Tony McDonald (Empower Texans) (Partial):



Highlights:

• Joe Straus doesn't care about conservative priorities.

• Every reform we're pursuing is opposed by someone whose livelihood depends on it.

• "From a day to day, bill to bill, perspective," lobbyists control the process.

Emily Kebodeaux/Jim Graham (Texas Right to Life), Tony McDonald (Reprise):

Highlights:

• We haven't heard a pro-Life bill on the floor yet.

• Explains Sunset process.

• J.D. Sheffield's five minute diatribe about how unborn babies had to be "dealt with" was complimented by Planned Parenthood.

• Four Price pulled the bill to protect Straus from having to overrule Trey Martinez Fischer's point of order.
• Cuts off members from being able to overrule Straus

• 2 hearings later this week.

• "Not one regular pro-Life bill has passed in Texas since 2003."
• Songram and HB 2 only passed because Rick Perry put his foot down.

• House only hearing watered down pro-Life bills; Senate has only heard one pro-Life bill period.

• Texas' national pro-Life ranking is falling.

• 600 bills have passed a chamber, only one on either life or 2A: "That's what they really think of the Republican platform."

• In the 570 days between now and next session, 120,000 babies will be killed if the legislature fails to act now.

• "If we do not win in the next 5 weeks, it is incumbent upon us to change the players on the field."

Texas Homeschool Coalition:

Highlights:

• SB 1543 by Perry has passed.

• Tebow bill had hearing in Senate.

• Parental rights bill has had hearing in both chambers.

Mary Lynn Gerstenschlager (Texas Eagle Forum):

Highlights:

• Oppose HB 742 by Huberty.

• Marriage bills in Calendars.

• Todd Hunter's red card/green card system is their way of blowing us off.