2019 Legislative PrioritiesLegislators have no excuses for failing to pass conservative reforms called for by the grassroots.
Consistent with our guiding principles, Empower Texans has identified 12 key legislative priorities for the 86th Legislative Session. Republicans maintain strong majorities — there are no excuses for lawmakers to be derelict in their duty to pass commonsense reforms called for by the grassroots.
Legislation in line with these priorities will be considered in the 2019 Fiscal Responsibility Index. (Legislators and the public are notified in advance when pending votes are subject for consideration.) Legislators will receive extra credit for authoring or sponsoring legislation that advances these priorities and that receives an up-or-down vote on the floor of their respective chamber.
Text INDEX to 52886 to receive daily and real-time notifications about the votes eligible for the Fiscal Responsibility Index.
Budget and Tax Reform
Currently the Texas Legislature uses a “strategy-based” budget writing technique that appropriates money to agencies along with a list of “strategies” or goals for them to spend their resources on. Lawmakers should instead use a “program based” technique where individual programs are funded by line item (meaning every spending item is listed on its own separate line in the budget). This change would allow taxpayers to review the results as well as empower the governor to exert greater authority over spending with his line-item veto.
Traditionally, appropriators in the Texas Legislature utilize what’s commonly referred to as “incremental” budgeting. Under that process, agencies begin at their previous appropriation amount and are provided increases to account for rising costs, population, etc. Such a practice is inherently flawed because it rests on the assumption that the particular agency is running efficiently and revenue is spent appropriately. In addition to enabling waste, fraud, and abuse, the process is also rigid and slow to adapt. Instead, lawmakers should implement a zero-based budgeting system by which the state budget is wiped clean every time and is re-calculated as if starting from scratch, saving taxpayer money and making government more efficient.
Eliminate the Franchise Tax
A decade ago, liberal lawmakers in the Texas Legislature came together and imposed an onerous tax on the gross margins of Texas’ businesses. Since its birth, this onerous tax has imposed an unnecessary burden and undermined our competitive edge. The problem with a “business tax” is no matter how government tries to disguise it, businesses do not pay taxes; people always pay the cost of the tax. Lawmakers should eliminate this burden on the state’s economy.
Enhance Taxpayer Protections
More than a dozen other states require a supermajority vote for taxes to be raised. Known as tax limitation amendments, they require the support of three-fifths (60%), two-thirds (67%), or even three-fourths (75%) of members of both chambers before taxes can be raised. Meanwhile the Lone Star State requires just a bare majority of the Legislature. Texans should demand that lawmakers take the threat of higher taxes off the table and commit to lasting fiscal responsibility.
Repeal Revenue Generating Fees
Though state taxes haven’t been raised in over a decade, many Texans are still paying more for their government through fees and fines. Items like the Driver Responsibility Program, state inspections, and handgun license fees force Texans to pay not only for the service they receive, but subsidize much of the budget as well. Lawmakers should eliminate these hidden taxes on consumers and fund programs they deem necessary out of general revenue.
Corporate Welfare and Cronyism
Long considered a bedrock of conservative policy, free-markets in Texas have gradually taken a backseat in the era of corporate subsidies/welfare under the guise of “economic development.” However, lawmakers and citizen activists alike appear to be returning to their roots, demanding reform or outright repeal for the worst of these crony programs.
End Tax Abatements
Local property tax abatements by cities, counties, and school districts have stormed onto the Texas economic landscape since their creation in 2001. Abatements allow large corporations with political influence to temporarily exempt a portion of their property’s value from taxation, a privilege not granted to the vast majority of other businesses, or to any homeowner. Abatements have become an attractive option for businesses seeking to escape Texas’ oppressive property tax rates, which are the 4thhighest in the nation. By eliminating abatements altogether, a fair, level playing field will be restored to Texas’ booming business climate. It’s time to end this unfair, costly, and crony practice.
Abolish the Hotel Occupancy Tax
Hotel patrons in Texas are currently subject to as much as a 15% tax on their lodging expenses, a majority of which comes from city and county hotel occupancy taxes. Contrary to popular belief, rather than impacting out-of-state tourists, these disproportionately fall on Texans traveling in the state (typically on business), and the handouts lack strict accountability standards. Rather than taking Texans’ hard earned money to pay for “arts promotion,” lawmakers should repeal the HOT tax and force private developers to find private sources of funding.
End Corporate Handout Programs
The State of Texas provides a host of incentive programs for large businesses, from tax breaks to cash handouts. Among these are the Texas Enterprise Fund, several Events Trust Funds, and the Texas Moving Image Industry Incentive. As seen with the repeal of the Texas Emerging Technology Fund in 2015, efforts by Gov. Greg Abbott and other lawmakers to end these programs should must be a priority in the coming session.
End Backroom Deals, Reform EDC’s
With the passage of a 1987 constitutional amendment, the floodgates of public money flowing to private interests were opened. This event birthed the local sales tax diversions—primarily by cities—to private developers and big corporations under the oversight of unaccountable entities known as Economic Development Corporations (EDCs). The negotiations of these local sales tax giveaways were statutorily shrouded in secrecy in 1999, and attempts to bring EDCs back into the light of day have been ignored. Lawmakers who claim to support government transparency and ending back room deals should subject economic development corporations to Texas’ existing transparency laws.
For a republic to exist, voters must have faith that their voice is heard and their choice in representation matters. Texas should lead the way in restoring election integrity in a way that both empowers and encourages voters to engage in the electoral process. Though many areas of election law are in need of reform, lawmakers should focus on these areas:
Property taxes and local debt in Texas are both growing at astronomical rates. Voters need taxpayer-friendly reforms that empower them to make more informed decisions on local tax increases and bond referendums. Texas should enhance ballot disclosure requirements for local governments, including the entity’s current financial status, a bond’s total cost with interest, and the tax impact of the proposed measure. Unrelated, large-scale projects should be split into separate ballot propositions, to improve transparency and accountability to voters.
Uniform Election Dates
Hosting elections at times outside a uniform election date discourages general voter participation at best—and actively manipulates election results at worst—all while increasing the cost to taxpayers. Barring an unforeseen vacancy or emergency circumstance, citizens should demand that all general elections, tax increases, and debt elections be held on November uniform dates so voters can expect them and participate in the process.
Uniform Polling Locations, Eliminate Rolling Polling
For years, local governments have been manipulating election results by scheduling voting at locations and times that target specific voting populations sympathetic to their cause. These nefarious practices discourage turnout by the general public and hand voting power to individuals whose interests are aligned with those in office. Texans should push for reforms that require uniformity in both the locations and times used for early voting and Election Day, regardless of the election.
Ballot-By Mail Reform
Though Voter ID has diminished in-person voter fraud, little has been done in regard to reform the integrity of the mail-in ballot process. After major investigations into the practice in Hill and Tarrant Counties, voters should demand that the election code be shored up to prevent such malfeasance from occurring again and restore voters’ faith in elections.
Unlike virtually all other private organizations in the state, political parties still allow anyone to vote in their primary elections. Texas should limit primary participation to members of political parties; Democrats should decide on Democrat candidates and Republicans should decide on Republican candidates. Citizens should demand that lawmakers implement a closed primary system and allow parties to govern themselves.
Strengthen Penalties on Government Electioneering
Current law makes it illegal for government employees to misuse public resources for electioneering purposes. But current laws didn’t stop Democrat groups, working hand-in-hand with the Texas Association of School Boards, from promoting in 2018 an illegal “culture of voting” scheme to use union organizing tactics to push public employees to the polls to vote for liberal candidates and tax increases. Penalties for the misuse of public resources for electioneering purposes need to be strengthened to hold accountable those who are making the decisions to break the law. Those superintendents who attempt to turn their school districts into political machines for their own power and benefit need to be sent to prison.
First Amendment Protections
Across the nation, citizens’ First Amendment rights are under assault. Texans should demand that their most fundamental freedoms – the freedom of speech, freedom to publish, freedom of association, freedom to petition government, and freedom of religion – be protected.
Restore Due Process at the Texas Ethics Commission
In recent years, the Texas Ethics Commission – the state’s regulator of speech regarding legislation, elections, and public officials – has become weaponized as a tool used by the powerful against the grassroots. Texans subjected to the commission’s process can find themselves in an endless cycle of harassment and abuse forcing them to either hire expensive attorneys or surrender. Lawmakers should closely examine the TEC’s processes, and implement safeguards typically found in the criminal justice system to ensure the agency can no longer violate Texans’ rights.
Election Code Reform
Written in an era before a number of landmark court decisions acknowledged greater speech rights for citizens, the Texas Election Code is antiquated and in desperate need for reform. Texans deserve laws that are clear and easy to understand, particularly when those laws impact fundamental liberties.
Regulating Public Officials, Not Citizens
Ultimately, private citizens should not have their speech regulated. They should be free to speak about legislation, candidates, public officials, and to petition government without being required to pay fees or hire the lawyers necessary to complete elaborate reports. All legitimate reporting can be accomplished by requiring public officials – who can get the assistance they need and be held accountable – to file the reports.
Higher Education Reform
With lawmakers preparing to return to Austin in January, many citizens around the state are clamoring for them to reform one area of state government that has long eluded conservatives’ reach – Higher Education.
Since the Texas Legislature “de-regulated” public university tuition in 2003, the cost for Texans has exponentially increased. Lawmakers should take back their authority to set tuition rates and freeze them at their current rates.
Repealing Tuition Set-Asides
Public university students in Texas currently pay a 15% tax on their tuition to fund scholarships for other students. Lawmakers should end what amounts to textbook wealth redistribution and make college more affordable for all Texans.
Repealing In-State Tuition for Illegal Immigrants
Under the terms of a law passed in early 2001, illegal aliens are allowed to receive “in-state tuition” at the state’s public universities – the same discounted tuition rate offered to Texas residents — giving them a cheaper education than is available for U.S. citizens and legal residents from other states. That “cheaper” education comes from tax dollars paid by Texas taxpayers. Texas should end a program that rewards illegal aliens for breaking the law and entices more to enter the state.
For too long Texans have resigned themselves to the trend of college administrators running their campuses as individual kingdoms, as places were students are more akin to subjects than citizens. Such an arrangement cannot be allowed to continue. While they might have mascots, football teams, and dormitories, public universities are in truth little different than any other state agency. And it’s time they are treated like them.
Local Government Reform
Local Accountability for Government Pensions
Taxpayers now face $60 billion in unfunded pension promises. If left unreformed, Texans will face colossal property tax increases, while public employees will continue to be promised unreliable retirement plans. When Texas was under Democrat rule, legislators cemented unsustainable retirement benefits into state law at the behest of public-employee unions. This decision has prevented local officials from reforming their own employees’ pensions, thrusting the plans of Texas’ largest cities into insolvency. State lawmakers should refuse to bail out unsustainable government pensions and should instead return control and accountability back to locally elected officials.
Forced Annexation Reform
Local officials should not be allowed to force themselves onto powerless taxpayers. City officials should be required to obtain approval from voters whom they seek to govern prior to taxing and regulating their lives. Under current state law, Texas cities can expand their borders without obtaining voter approval from the newly annexed residents. This allows money-hungry politicians to impose new taxes and regulations on Texans who did not vote for them – and even worse – without asking for their permission.
Citizen Petition and Initiative Reform
Lawmakers should empower citizens seeking to hold local officials accountable. Time and again, local politicians, bureaucrats, and tax-funded lawyers use unethical and illegal tactics to thwart lawful petition drives and stifle voter opposition. The process for citizens seeking to petition their government should be made easier, not more difficult, and government officials undermining or violating the law should face criminal consequences.
Transparency for Local Officials’ Voting Records
Citizens can view the record votes of their state and federal lawmakers online—the votes cast by local officials should also be published to increase transparency and public accountability. Under current law, it’s difficult for taxpayers to see how individual officials have voted on specific issues. Because there is no published record of votes, taxpayers are required to submit a formal open records request or be physically present and record the votes themselves.
Local Government Spending Limits
Local governments are seeing growths in debt like never before in Texas. Limits on the amounts that political subdivisions may appropriate during the fiscal year would be a strong bulwark to irresponsible stewardship of taxpayer dollars at the local level.
Local Government Revenue Caps
Another angle for confronting the profligate spenders in city halls is to encourage enactment of local revenue caps. Doing so would provide the flexibility that local leaders need to provide essential services, while handcuffing their ability to waste taxpayer resources on crony projects.
Pro-Citizen Ethics Reform
Texans are demanding genuine-ethics reform that will expose self-dealing and conflicts of interest in state and local government.
Ban Public Officials from Lobbying while in Office
Most Texans are surprised to learn that some state and local officials work as lobbyists for private interests while simultaneously serving in public office. These conflicts of interests should not be tolerated and the practice should be made illegal.
End Undisclosed Wining and Dining
Currently lobbyists are allowed to shower public officials with up to $114 per day (or more) in food, beverages, entertainment, and other gifts without ever having to disclose the recipient’s name. These undisclosed gifts should be capped at a nominal amount or prohibited altogether.
Abolish Legislative Pensions
High-dollar pensions linked to the salaries of full-time district judges serve as an incentive to keep legislators in office long after they have worn out their welcome. These pensions should be eliminated. In the meantime, the pensions should be de-coupled from district judge salaries so that legislators can no longer give themselves a raise under the guise of aiding the judiciary.
Promoting Free Markets
While Texas consistently ranks highly in many economic freedom indices, state officials have no shortage of laws to scrutinize and areas ripe for reform.
Promote Consumer Freedom
Here in Texas we find evidence of government meddling in consumer markets in all corners of our economic lives. Whether it be related to raw milk, residual blue laws, or something as everyday as vending machines, assaults on the freedom of consumers are still on the books and being considered for new law.
Occupational Licensing Reform
In what’s a growing phenomenon, governments are increasingly demanding permission slips for citizens to work. Currently, more than 800 occupations are licensed in the U.S., one in four workers now needs a license to make a living, and Texas is no safe-haven from the practice–it’s one of the nation’s biggest offenders.
Rollback Burdensome Regulations
Regulations are often duplicative, useless rules promulgated by unelected bureaucrats. While they are advanced with feel-good intentions like public safety and clean water, they can come at tremendous costs that depress economic activity and often impact the viability of Texas entrepreneurs attempting to gain a foothold.
Government should not deny or interfere with one’s private property ownership. Unfortunately, in Texas we have seen a slow but steady erosion of those rights through eminent domain and civil asset forfeiture abuses.
Eminent Domain Reform
Texas law grants itself, as well as some private entities, the authorization to take private property for public use through a practice called eminent domain. Abuse of this practice has allowed some private entities, who arguably shouldn’t have eminent domain power, to use this process for private projects that would benefit the pockets of developers – rather than the public at-large. Lawmakers need to reform this practice.
Civil Asset Forfeiture Reform
Civil asset forfeiture was formed with the intent of disrupting drug markets by removing their most valuable assets: cash and vehicles. But, judging the law’s impact rather than intent, we see it has grown to be abused and used as an additional revenue stream for cash-strapped law enforcement agencies. No Texan should bear the burden of losing their private property without being convicted, or in some cases even accused, of a crime. Lawmakers need to recognize the practice for what it has become in many instances – highway robbery – and bring an end to civil asset forfeiture completely.
Property Tax Reform
Repeal the Robin Hood Tax
In 2018, Texans paid $2.1 billion in property taxes into the state’s Chapter 41 Wealth Equalization program—also known as “Robin Hood.” The unpopular scheme forces property owners in certain districts to pay more in school taxes than what’s needed to fund their local schools. Why was Robin Hood created? The short answer: To equalize property tax collections between “property poor” and “property rich” areas. If state lawmakers cap the state’s budget growth at four percent per year – and dedicate 90 percent of the surplus to lowering school property taxes – the Robin Hood tax could be phased out in 10 years. By the 11th year, the entire school property tax for maintenance and operations (M&O) could be abolished, reducing the average Texan’s total property tax bill by 40 percent or more.
Let Texans Vote on Excessive Tax Hikes
All local governments should have to obtain voter approval for annual tax hikes that exceed the state’s “rollback” limit. While school districts are currently held to this standard, cities, counties, and other localities are not. As a result, cities and counties are raising property taxes without voter approval, and without an effective limit, taking advantage of taxpayers who have little to no recourse. Under current law, voters who oppose city and school tax hikes are only given the optionof a burdensome petition drive, or kicking out incumbents every few years. In both rural and urban areas, petition drives require that taxpayers collect an overwhelming number of voter signatures in a very short time frame—and hire lawyers to protect their validity against government obstruction—before a public vote on the tax increase is triggered.
Repeal the Business Personal Property Tax
The property tax levied on business personal property should be repealed. Only eleven states other than Texas tax business tangible property and inventory. This onerous practice requires that businesses pay property taxes on the land it occupies and its assets—including the inventory it uses to generate revenue.
State Government Reform
Strong Constitutional Spending Limit
While the Texas Legislature passed what is widely regarded as a conservative budget during the most recent session, the trends paint a different picture. While constitutionally limited, the state budget has been outpacing sensible measures for decades.
Design-Build contracting is a cost-saving construction method that is also more efficient than current methods. The problem is, the number of these contracts that the Texas Department of Transportation is able to bid out each year is capped at three. TxDot should be given the ability to use this innovative method for project completion providing maximum benefit to taxpayers.
Union Dues Collection
Public sector unions are afforded the luxury of having their dues automatically withdrawn by government entities and transferred to the unions. This presents a potential conflict of interest as unions often insert themselves into the political process regularly negotiate contracts with these same government entities and officials.
Defined Contribution Pensions
The current defined benefit method of municipal employee pensions is unsustainable. Most private sector pension agreements have long switched to defined contribution methods to save employers money, and to ensure the long-term solvency of the plans. Public employee pensions in Texas should adopt a defined contribution formula for their pension plans.
Eliminate Taxpayer-Funded Lobbying
According to reports ﬁled with the Texas Ethics Commission, as much as $376.6 million was spent to inﬂuence state policy-makers in 2015’s legislative session. Of that, more than $41 million (or almost one quarter of the total) came from cities, counties, and other taxpayer-funded entities — often to lobby against taxpayer interests such as property tax reform, uniform election dates, and bond disclosure requirements.
Taxpayer-funded lobbying is so pervasive that 42 percent of lobbyists that session represented city and county governments. Which begs the question: What sort of policy positions are taxpayers funding?
The Constitution delegated few, enumerated powers to the Federal Government, reserving all remaining powers to the States and the people. Our federal republic was created by joint agreement of the several states, and the reassertion of state sovereignty demands action.
Protect Local Liberty
For years Texas has thrived at the state level of government with tax reductions and the burden of regulation being lifted. Meanwhile, the local government expanded in size and scope under the rules that the state has set forth, setting the stage for a showdown over oppressive local edicts.
Ban Red Light Cameras
Photo-enforced traffic citations violate drivers’ due process rights. Cities don’t have to prove who was driving the ticketed cars, and wrongly-accused drivers aren’t able to fight charges in front of a jury trial. Further yet, studies have shown the cameras lead to no improvements in safety, as drivers are quicker to unsafely slam on their brakes ahead of intersections, potentially increasing the rate of accidents.