The suits were assembled for a public hearing about city governments that pay businesses to locate in their cities — by effectively refunding sales taxes those companies have collected from their internet customers.
Those refunds go not to the customers who paid them, but to the companies that collected them for the state.
Some cities and businesses have figured out how to exploit the system — legally — by directing all of their internet sales to one locality and levying the sales taxes there, regardless of whether their customers are in El Paso or Texarkana. It also doesn’t matter where an item that's purchased online is picked up or delivered. So if someone in Texas buys a computer online from Dell, the sales taxes go to the city of Round Rock. If you purchase a refrigerator from Best Buy’s website, the city of San Marcos might be getting the local sales tax. And if you live in El Paso, buy a table saw online from Home Depot and pick it up at your local store, the tax could be collected 570 miles away in New Braunfels.
To attract that kind of revenue, the cities and companies take advantage of a state law that allows the cities to pay some of the sales taxes back to the company collecting them. For instance, the contract between San Marcos and Best Buy returns up to 75% of the local sales tax that the company collects from its online sales. That’s part of the local tax package that San Marcos used to attract and keep the company and fewer than 100 jobs at its operations center in the city.
....
Texas Comptroller Glenn Hegar wants to change the tax rules in a way that would upend some of those economic development deals. His proposal says sales taxes should go to the purchaser’s city instead of the city where the seller says its online sales are made.
Bottom Line: Sales tax "refunds" are one of the more obnoxious acts of petty larceny local governments inflict upon their citizens; good for Hegar.
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Note: Hegar wrote a DMN op-ed on this subject a couple days ago. It explains this subject in more detail. We strongly recommend reading the whole thing.
"and with all unrighteous deception among those who perish, because they did not receive the love of the truth, that they might be saved." 2 Thessalonians 2:10
Translation: Lyle Larson wants to make Texas' primary election earlier.
But this has nothing to do with presidential politics, and everything to do with protecting liberal incumbents down ballot.
In 2012, the primary in Texas was delayed two months due to meddling by the Obama administration. It was also, not coincidentally, conservatives' best legislative cycle...pretty much ever. Two additional months of campaigning allowed grassroots candidates to neutralize incumbents money advantage.
Ever since, the bidness-as-usual crowd has been pushing to make Texas' primary as early as possible.
Larson's been up to this for awhile. In 2017, he authored HB 3180, which would have moved Texas' primary up to January. This would have advantaged candidates with deep enough pockets to buy advertising during the Christmas season. Incumbents, in other words.
"No one can serve two masters; for either he will hate the one and love the other, or else he will be loyal to the one and despise the other. You cannot serve God and mammon." Matthew 6:24
We discussed the mess related to teacher retirement fund renting luxury office space a couple weeks ago.
HOUSTON – It appears that state Rep. Jim Murphy likes taxpayer-funded hats. Channel 2 Investigates identified him wearing a couple of them. One is for the 133rd District on Houston's west side, and the other remains unclear.
Employment contracts between Murphy and the Westchase District, a governmental agency and political subdivision of the state, show Murphy banking a fixed monthly fee of over $26,000 a month. That is a whopping $312,000 a year. The contract also lists him as a "consultant" even though the website for the Westchase District clearly says he's the general manager.
So what is the problem?
State law says, "No member of the Legislature may hold any other office or position of profit, except as a notary public."
In other words, a legislator cannot hold another taxpayer-funded job.
Murphy is a five-time state representative.
[Note: We can't post the original TV report due to formatting issues, but we strongly recommend you click through the link above and watch the full report (approx. 5 minutes).]
"But Jesus went to the Mount of Olives. Now early in the morning He came again into the temple, and all the people came to Him; and He sat down and taught them. Then the scribes and Pharisees brought to Him a woman caught in adultery. And when they had set her in the midst, they said to Him, “Teacher, this woman was caught in adultery, in the very act. Now Moses, in the law, commanded us that such should be stoned. But what do You say?” This they said, testing Him, that they might have something of which to accuse Him. But Jesus stooped down and wrote on the ground with His finger, as though He did not hear. So when they continued asking Him, He raised Himself up and said to them, “He who is without sin among you, let him throw a stone at her first.” And again He stooped down and wrote on the ground. Then those who heard it, being convicted by their conscience, went out one by one, beginning with the oldest even to the last. And Jesus was left alone, and the woman standing in the midst. When Jesus had raised Himself up and saw no one but the woman, He said to her, “Woman, where are those accusers of yours? Has no one condemned you?” She said, “No one, Lord.” And Jesus said to her, “Neither do I condemn you; go and sin no more.” Then Jesus spoke to them again, saying, “I am the light of the world. He who follows Me shall not walk in darkness, but have the light of life.” John 8:1-12
The day is here. The Republican Party of Texas is going to, once again, have a completely pointless discussion about an issue it should have resolved five years ago. Good grief, what a waste of time.
Nevertheless.
This issue isn't about Log Cabin Republicans. At least, not really. Neither is it about a convention booth. At least, not really.
It's about a (small) set of people who can't set priorities, and who didn't lift a finger when this subject mattered a year ago.
Republicans’ legislative efforts to ban cities from mandating benefits for employers’ workers took another twist late Wednesday night after a Texas House committee added protections for LGBTQ workers that the state Senate had removed from previous legislation.
Senate Bill 2486, which the House State Affairs Committee advanced Wednesday in a 10-2 vote, is part of a larger package of legislation state Sen. Brandon Creighton filed to limit the ability of cities to regulate private companies’ employment policies.
After hearing roughly eight hours of testimony Wednesday, state Rep. Dade Phelan, R-Beaumont, advanced a reworked version of the bill — adding the language explicitly protecting local nondiscrimination ordinances to the measure, which would bar cities from enacting rules on how businesses schedule their employees’ shifts.
The move comes after several legal experts and LGBTQ advocates raised alarm bells that without the language in place, the potential new state law could undermine the enforceability of local anti-discrimination ordinances. They fear it would allow businesses to selectively pick and choose which of its employees are eligible to receive benefits that go beyond monetary compensation.
Phelan later told The Texas Tribune he chose to reintroduce the nondiscrimination protection language into the bill to help ensure local ordinances — already in place in six major Texas cities — aren’t gutted should the measure become law. And he told Tribune CEO Evan Smith in a podcast interview that he’s “done talking about bashing on the gay community” and didn't want to push legislation that could be used as a vehicle for discrimination.
“It's completely unacceptable... This is 2019,” he said.
[Note: Emphasis added.]
Having completely caved to the LGBT lobby on the most important employment law bill of the last generation, we're supposed to believe the Texas GOP is now taking some sort of principled stand?!?
You've already surrendered on this issue top the most totalitarian members of that community. But, to make up for it, you're going to act like assholes jerks to the members of that community who help elect conservative at the local level. Only one word describes such 'logic': MORONIC.
Some will argue against the Log Cabin R's because they want to change some platform planks. Well, guess what?!? Many people want to change platform planks. Debating such things is the entire point of the convention.
But the Log Cabin R's are singled out, because, well...there's no good reason.
Last night a source who's been a delegate to the past several RPT pointed out:
The past couple RPT conventions ('16, '18) have included toll-road lobbyists.
Texas Eagle Forum has opposed various tort reform efforts over the years.
Texas Alliance for "Life" routinely undermines the RPT platform.
Despite the fact that they're trying to change (or actively subverting in the case of TAL) the RPT platform, nobody complains about the afore mentioned groups.
Hmm.
Bottom Line: Let he among you who has never tried to change a platform plank cast the first stone.
"He who walks with wise men will be wise, But the companion of fools will be destroyed. Proverbs 13:20
Inbox:
THE HONORABLE DON HUFFINES ENDORSES GENEVIEVE COLLINS FOR CONGRESS
DALLAS, TX - Today, conservative businesswoman and Republican candidate for Congress in Texas’ 32nd district Genevieve Collins announced that she received the endorsement of the Honorable Senator Don Huffines.
Senator Huffines represented Texas’ 16th Senate District from 2015 to 2019. He is most known for authoring legislation that resulted in uncovering the largest government corruption scandal in Texas history, as well as authoring conservative legislation to establish term limits, promote life, and return rights from the government back to Texans. Prior to his time in elected office, he spent over 30 years as a successful businessman.
“I am pleased to endorse fellow businessperson and strong conservative Genevieve Collins for Congress today. During my time in Austin, I was proud to champion our conservative principles of small government and less regulation. I know what it takes to fight for Texas values, and I am confident that Genevieve will fight for them in Washington, D.C.,” said Huffines. “I am convinced she will work for term limits, a secure border, the sanctity of life, and the Second Amendment, just to name a few. Further, I believe she will use her business sense to protect our liberties and freedoms and ensure that power stays with the people, not the government. I look forward to helping in her election effort, and I urge my fellow Texas conservatives to join me in supporting her in the Republican primary on March 3rd.”
“It is my honor to earn Senator Huffines’ endorsement for the 32nd district Republican primary on March 3rd. Like me, he spent his career in business, creating jobs and forecasting growth. Now I am going to take my business acumen to Congress to get to work for the people of the 32nd district,” added Collins. “Early voting starts three weeks from today, and conservatives across the 32nd district are coalescing around our campaign. They know that it is vital we nominate a conservative businesswoman and lifelong Texan who will take the fight to far-left Colin Allred this November.”
We don't have a lot to add...but since we ripped on Collins for the Dan Branch endorsement, we have to acknowledge the Huffines endorsement.
Bottom Line: At this point, it looks like all the ex-politicos in Dallas County are lining up behind her. Your guess is as good as ours as to what that means. But there are few people in that neck of the woods more solid than Don Huffines.
The Good News: After Texans spoke out last month, the Texas Medical Board (TMB) scrapped plans to impose a minimum 10-business-day wait on patients seeking non-emergency care from an independent (out-of-network) physician at any hospital or surgery center in the state of Texas.
The Bad News: The Texas Department of Insurance (TDI) stepped in and imposed a similar rule (applicable to independent physicians at in-network facilities), but without an opportunity for public input. This went into effect on January 1, 2020.
Because the Texas Dept. of Insurance adopted the rule on an emergency basis, there is now a 30-day comment period underway before the rule is adopted as a permanent regulation.
Additional Background: Last year the Texas legislature passed legislation (SB 1264) purporting to address an issue largely caused by insurance companies. The issue has been mislabeled as a problem of “surprise” medical bills. The real “surprise” is that insurance companies deny payment for needed care and add obstacles that prevent and delay patients from obtaining care from the physicians of their choice. Because of your advocacy, and the efforts of Senator Kelly Hancock, the version of SB 1264 that passed contained a good provision preserving the rights of patients and independent physicians to work together without interference from insurance company bureaucrats.
So, what’s the problem?
The TDI is now improperly inserting itself in between patients and independent doctors by implementing a 10 business-day waiting period for non-emergency care for services performed at hospitals and surgery centers. The regulation applies when the facility is in-network according to the patient’s insurance plan, but the physician chosen by the patient is independent (out of network). Currently, there are few facilities that are not run by collaborations between hospital corporations and insurance companies. This rule makes it extremely difficult for a specialist to work at a hospital without being bound to the dictates of an insurance company.
For example: if a patient who is enrolled in a health plan regulated by TDI wishes to contract directly with a surgeon who isn't in the insurer's narrow network, but utilize insurance coverage for hospital or surgery center fees, the patient would have to sign the TDI-approved waiver form, at least 10-business days before the procedure. During this forced waiting period, the patient may suffer in pain or experience worsening disease! That patient’s only other option for care is to agree to be treated by a doctor with whom the insurance company has contracted and who is under the control of the corporate medical system.
Keep in mind that a 10-business-day wait means in most cases at least a 14-day wait and as many as 17 days in situations where holidays add to the delay.
Unelected bureaucrats are attempting to force patients to wait for care from physicians of their choice! Rules like this, if left in place, are yet another step along the path to full corporate and government control of your medical care choices.
Call to Action!
Please take a moment now to speak out against this proposal before the comment period ends. The department will consider any written comments on the proposal that are received no later than 5:00 PM on February 10, 2020.
Your comments can be submitted by email to ChiefClerk@tdi.texas.gov or by mail to the Office of the Chief Clerk, MC 112-2A, Texas Department of Insurance, P.O. Box 149104, Austin, Texas 78714-9104.
The Commissioner will also consider written and oral comments on the proposal in a public hearing under Docket No. 2819 at 1:00 PM on February 4, 2020, in Room 100 of the William P. Hobby Jr. State Office Building, 333 Guadalupe Street, Austin, Texas.
The department requests that parties who plan to speak at the hearing send their written comments (or a summary of their testimony) to ChiefClerk@tdi.texas.gov to facilitate a meaningful discussion.
We'd have to re-arrange our schedule to do it, but we're going to try to attend on Tuesday.
Regardless of whether or not you can make it, however, DO e-mail the Department of Insurance. Obscure government agencies tend to back down when they realize the public is paying attention. No promises, but the odds are decent.
Bottom Line: Figures they'd try to do something like this while everyone's distracted by the primary.
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