By William Lutz on
5/30/2009 2:10 PM
Last night on the House floor, Rep. Sylvester Turner (D-Houston) succeeded in stopping HB 1243 by Rep. Pete Gallego (D-Alpine) from going to the governor or conference. As filed, the bill is a simple net metering bill that allows customers to deduct from their electric bill any electricity generated on site. It is sought by solar power advocates who want to encourage more homeowners to install solar panels on their homes.
But several key electric bills died as a result of the filibuster that occurred on the House floor last week. Therefore, in the Senate, HB 1243 became a Christmas tree for several energy-related bills, most notably SB 921 by Sen. Troy Fraser (R-Horseshoe Bay) and Rep. Patrick Rose (D-Dripping Springs).
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By William Lutz on
5/29/2009 10:22 PM
Despite a fair amount of debate, the House voted to go to conference on the sunset safety net bill (HB 1959) ... Leibowitz then made a motion to instruct the conferees not to add TDI to the safety net bill.
After Leibowitz made his motion, Rep. John Otto (R-Dayton) gave Leibowitz a lesson in how to debate bills on the House floor.
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By William Lutz on
5/27/2009 11:26 PM
Sen. Mike Jackson (R-LaPorte) told Senate colleagues avoiding a special session over the state’s windstorm insurance cooperative, the Texas Windstorm Insurance Association is a “long-shot.”
TWIA is out of money because of Hurricane Ike and a 2009 hurricane would likely result in assessments to insurance carriers – offset by tax credits. In other words, a 2009 hurricane would blow a hole in the state budget without a TWIA fix.
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By William Lutz on
5/27/2009 10:16 PM
Sen. Dan Patrick (R-Houston) has passed HB 4765, which raises the exemption for businesses from the state franchise tax from $300,000 to $600,000 in gross receipts. The Patrick version provides permanent tax relief, whereas the House version of the bill provides temporary relief from the franchise tax (two years only), but with a $1 million exemption. The bill now goes to the House for further consideration.
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By William Lutz on
5/27/2009 10:15 PM
The Senate is streaming through bills at an auctioneer’s pace right now. With the carnage that occurred on the House floor the past five days, Senators are finding vehicles for bills on the House calendar that died because of last week’s filibuster.
Some major bills – such as Lt. Gov. David Dewhurst’s health care bill – has been split up and hitched a ride on several bills. Just about every bill is being amended with other bills that passed the Senate and were pending on the House calendar.
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By William Lutz on
5/26/2009 9:33 PM
The Texas Senate passed HB 3646, the omnibus school finance bill, today unanimously. The bill allocates $1.9 billion to public schools. Senators repeatedly called the bill a “Christmas tree” as several bills floundering in the house got attached to the bill. The bill now goes to the House for further consideration (concurrence or conference committee).
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By William Lutz on
5/26/2009 12:26 PM
For all the work UT had to do to get relief from the Top 10 percent rule, it’s amazing how little relief they’re getting.
Rep. Dan Branch’s (R-Dallas) bill to put a cap on the percentage of students admitted automatically (SB 175) appears to be one of the few major initiatives to survive the Democratic filibuster occurring on the House floor right now.
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By William Lutz on
5/25/2009 5:24 PM
 Should the governor's veto power be unlimited or should legislators get to grade the governor's papers?
The issue of the governor's veto powers has heated up the past three years, with high-profile debates between the executive and legislative branches over eminent domain, community college funding, and the Texas Department of Transportation.
Sen. Jeff Wentworth (R-San Antonio) sent a letter to Lt. Gov. David Dewhurst Sat. May 22 asking Dewhurst for recognition on HJR 29 by Rep. Gary Elkins (R-Houston) and Wentworth. He also blasted Gov. Rick Perry for taking the amendment personally and trying to kill it.
"This is not a piddling little resolution," states the letter. "It is a significant proposal on which the people of Texas have a right to vote to bring about a needed check and balance on the powers of the legislative and executive branches of state government."
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By William Lutz on
5/25/2009 1:20 PM
Speaker Joe Straus is new. So we thought it might be helpful to remind him and the Capitol at large that the House rules have a provision specifically designed to deal with stalling the calendar. It's called a motion for the previous question. And it can be found in Rule 7, Sect. 21 et. seq.
It's rarely recognized, and that's appropriate. In fact, it generally is used only in situations like the one we're dealing with right now. House Speakers correctly err on the side of full debate and discussion and maximum ability to offer amendments. But that privilege exists on the understanding that it won't be abused. We reprint the rule below.
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By William Lutz on
5/25/2009 11:11 AM
There's one ironic aspect to the slow-talking of the local calendar that the press corps is missing -- it may help the Republicans politically.
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By William Lutz on
5/25/2009 10:34 AM
One has to hand it to Rep. Jim Dunnam (D-Waco). He's good at obscuring issues.
Two years ago, Dunnam called a point of order on the conference report to the electric consumer protection bill (SB 482), effectively killing it. TXU was just about the only entity that benefitted from Dunnam's action, but he tried to justify it by claiming that the bill wasn't tough enough. Help the big guy while pretending to help the little guy.
Now he and a few of the other Democrats on the floor are slow-talking the local calendar, causing a calendar that normally takes about three hours or so to take several days. The obvious intent of this action is an attempt to prevent the voter ID bill from being reached by midnight Tuesday (the deadline to pass general calendar bills on second reading).
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By William Lutz on
5/23/2009 1:09 PM
Jason Moore, a State Republican Executive Committee member from Odessa, has sent a letter to Republican legislators calling on them to honor the Republican platform and stand up to the comptuer lobby's efforts to take textbook selection authority away from the elected State Board of Education. Basically, the computer lobby looks at the state's textbook budget and sees dollar signs. Computer companies want that money for themselves and are pushing bills allowing school districts to buy laptops with that money. But many computer lobby bills (including HB 4294 as it left the House) take textbook selection authority away from the elected State Board of Education and gives it to the appointed Commissioner of Education. The Republican plaform, by contrast, opposes replacing textbooks with laptops and supports keeping textbook selection with the elected State Board of Education. We reprint Moore's letter below:
"I, as a grassroots Republican, am deeply concerned with the content and effect that House Bill 4294 would have on Texas schoolchildren. I urge you to modify or reject this bill. Our Republican platform states "We oppose the replacement of textbooks by laptops" and "The SBOE must have sole authority over textbook content and state adoption, and this process must include public hearings." HB 4294 clearly and directly violates both of these provisions."
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By William Lutz on
5/23/2009 1:04 PM
Few emotions in civilized politics are more powerful than moral outrage. It motivates voters and creates great quotes for journalists.
Democrats understand this. Remember all the press conferences in 1999 and 2001 when hate crimes was created. Democrats used a horrible crime – the race-based murder of James Byrd – to pass a major and very controversial change in Texas law (where crimes based on race or sexual preference get higher penalties than other crimes).
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By William Lutz on
5/23/2009 12:46 PM
Former Rep. Arlene Wohlgemuth must be enjoying this.
In 1997, Wohlgemuth called a point of order on one Democratic bill in retaliation for Democratic procedural games that prevented a very popular bill that required parental notification prior to a girl getting an abortion. Speaker Pete Laney interpreted her point of order as one against the entire calendar and killed a whole slate of bills. Democrats then went on the warpath, calling it the “Memorial Day Massacre.” The Capitol Press Corps went on the warpath. Wohlgemuth got on Texas Monthly’s list of Ten Worst Legislators, not once but twice.
Now, imitation is the sincerest form of flattery.
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By William Lutz on
5/19/2009 4:52 PM
Sen. Rodney Ellis (D-Houston) and Rep. Myra Crownover (R-Denton) declared the statewide smoking ban dead for this session but declared they'll be back in 2011.
"We are disappointed today because we missed an opportunity for a healthier Texas," said Crownover. "Next session starts right now. We will work hard ... I think this is an interesting issue because it's an education issue ... Second-hand smoke isn't an annoyance ... it literally kills people."
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By William Lutz on
5/18/2009 5:30 PM
The Conference Committee on the state budget voted to restore 85 percent of the funding for Proclamation 2010. It also removed the rider directing the elected State Board of Education not to issue proclamation 2011 and 2012. What this means is the English Language Arts and Reading curriculum based on the new standards will likely enter Texas classrooms. It also means science books can be ordered that comply with the new standards.
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By William Lutz on
5/18/2009 4:59 PM
The House-Senate conference committee voted yesterday to guarantee at least a four percent increase in general revenue funding to state general academic institutions. One of the many myths surrounding the so-called “tuition deregulation” bill passed in 2003 was the claim that the legislature cut funding to institutions in exchange for money from tuition. In fact, the University of Texas at Austin has received more state tax dollars from Austin in every single budget, including the 2003 budget where the state had to close a $10 billion shortfall.
But regularly since 2003, universities have raised tuition and blamed the legislature, claiming lawmakers created the need for more tuition increases, when – in reality – university administrators just wanted to spend more money.
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By William Lutz on
5/18/2009 12:47 PM
 Last week, Texas Association of Business President Bill Hammond held a news conference to call on legislators to preserve real accountability measures in the omnibus school accountability bill (HB 3). The bill is likely headed to conference today.
“For too long, we’ve had a broken public education system that relies upon numbers games and rewarded mediocrity,” said TAB President Bill Hammond. “HB 3 was a tremendous first step toward true public school accountability, but SB 3 does more to ensure student success. It increases financial openness and, most importantly, holds schools accountable for the decisions they make relating to social promotion.”
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By William Lutz on
5/16/2009 8:40 PM
LSR Managing Editor William Lutz will deliver a commentary on government-funded lobbying on WFAA's Inside Texas Politics with Brad Watson. The show airs at 9 am Sunday on Channel 8 in North Texas. The show is also usually archived at wfaa.com. Just search for "Inside Politics."
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By William Lutz on
5/15/2009 10:22 AM
Twenty members of the State Republican Executive Committee have signed a statement to lawmakers taking issue with cutting off funding for State Board of Education-approved textbooks and otherwise taking authority away from the elected State Board of Education. We reprint in full below:
The undersigned members of the State Republican Executive Committee (SREC) are shocked and dismayed that our elected officials would stealthily attempt to undermine our elected State Board of Education (SBOE) through Budget conference committee amendments and defunding mechanisms which covertly dismantles the authority of the SBOE. As statewide Republican leaders elected by the grassroots of the party, we have been entrusted with the responsibility of protecting and defending our state party platform and its ideals. In addition the Texas Constitution establishes the SBOE for specific purposes, such as the administration and oversight of the Permanent School Fund (PSF) which we believe also deserve to be protected and defended by all Texans.
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By William Lutz on
5/13/2009 6:43 PM
Commissioner of Education Robert Scott yesterday sent a very pointed letter to Speaker Joe Straus, Lt. Gov. David Dewhurst, and the budget conferees on the effects of de-funding the English, Language Arts, Reading, Spelling and Handwriting books ordered by the State Board of Education for use in classrooms in 2010.
Scott warns of serious consequences for children and the state's education system if the books are not funded. "We know that early reading instruction lays the foundation for future learning," Scott noted
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By William Lutz on
5/13/2009 10:52 AM
Rep. Edmund Kuempel collapsed yesterday night in a Capitol elevator. After Dr. John Zerwas performed CPR, Kuempel was taken to Brackenridge Hospital. He is in intensive care. According to the Speaker's press office, the family has requested that people not visit the hospital during these critical first few days. For more information, see The Austin American-Statesman's blog. Like the entire Capitol community, we at LSR wish Kuempel a full and speedy recovery.
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By William Lutz on
5/13/2009 10:46 AM
Yesterday, we received a commentary by Texas Workforce Comission Charman Tom Pauken blasting the Obama administration's attempt to raise taxes on energy. The commentary's timing corresponds with the Electric Reliability Council of Texas's report estimating the added cost Texans would pay every month if carbon is limited. We reprint in full below.
by Tom Pauken
President Obama is proposing a wide array of tax hikes on the U.S. energy industry. If enacted, these massive tax increases would be a job-killer for Texas and a huge setback in our overall efforts to lessen our dependence on foreign energy.
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By William Lutz on
5/13/2009 10:37 AM
The Electric Reliability Council of Texas (ERCOT) -- the state's electric grid operator -- released a study yesterday on the impact of federal cap-and-trade legislation. The study concludes that cap-and-trade would signficantly increase most Texans' electric bills.
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By William Lutz on
5/11/2009 12:36 AM
Friday, the conference committee on the budget voted to direct the State Board of Education not to issue Proclamation 2011 or 2012. That means the conferees are -- once again -- trying to balance the budget by taking books out of the hands of children.
Here's the kicker: Proclamation 2012 doesn't even affect this biennium's budget and Proclamation 2011 may not. Meanwhile funding for the reading books in Proclamation 2010 is in limbo.
In a nutshell, this is not just about balancing the budget. There's a lot more going on here.
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By William Lutz on
5/10/2009 11:41 PM
Chancellor Renu Khator -- meet KTRK's Wayne Dolcefino.
The new chancellor of the University of Houston system got a crash course in Houston-area politics this week, as one of the best known investigative reporters in the Houston area, KTRK's Wayne Dolcefino did an investigative series on travel and booze spending by U of H administrators. Specifically, Dolcefino documents university funds (including some tuition funds) being used to pay for booze and fancy travel. You can watch the stories in their entirety here. (Since publication of the KTRK story, U of H has changed its policies to ban use of tuition money for booze and business class travel.)
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By William Lutz on
5/7/2009 4:16 PM
Sen. Troy Fraser's (R-Horseshoe Bay) and Rep. Patrick Rose's (D-Dripping Springs) SB 921 won approval in the House State Affairs Committee last night. The bill places open meetings, open records, and fair elections requirements on electric cooperatives. They were spawned by substantial controversy and a lawsuit over the expenses, compensation, and financial management practices of board and staff at the Pedernales Electric Cooperative -- the state's largest.
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By William Lutz on
5/6/2009 3:27 PM
As a public service, the Lone Star Report's William Lutz will be live-blogging the House debate on the Texas Residential Construction Commission. This debate can be followed at this link:
http://www.scribblelive.com/Event/TRCC_Sunset_House_5609
Or by clicking the Read more link on this blog post. We hope this is useful.
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By William Lutz on
5/6/2009 3:04 PM
Today, the House will consider the sunset bill for the Texas Residential Construction Commission, which was created by a Republican legislature in 2003. I have attended just about every hearing related to this bill, from 2003 to the present, so I know it quite well. Here’s my question: What is conservative about creating a new state agency? What is conservative about levying a new tax on every home and builder?
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By William Lutz on
5/6/2009 10:57 AM
Thanks to a concerted effort by socially conservative groups (most notably the Free Market Foundation), the House killed HB 710 today on third reading 71-73. The bill would have placed the elected State Board of Education under review by the Sunset Advisory Commission. The bill failed in spite of three last-minute "malfunctioning" voting machines that got recorded as yes votes.
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By William Lutz on
5/6/2009 9:59 AM
It’s amazing how the House leadership is falling all over itself to trash the elected State Board of Education. Once again, mysteriously reappearing votes surface during verification to put an anti-SBOE bill over the top.
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By William Lutz on
5/5/2009 2:20 PM
I don't understand what possible problem Gov. Rick Perry and Rep. Yvonne Davis (D-Dallas) could possibly have with the good people of Washington and Walker Counties.
After all, Walker County is home to lots of cool pine trees, and a good number of our dangerous criminals are placed behind bars in Walker County so we don't have to deal with them in the rest of the state. And Washington County is the birthplace of the Republic of Texas and home to Blue Bell Ice Cream.
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By William Lutz on
5/5/2009 11:31 AM
In 2003, the Texas Senate got rolled. Speaker Tom Craddick held the entire state budget hostage unless the senate swallowed tuition deregulation -- letting appointed, unaccountable university regents set tuition instead of legislators. Yesterday -- for the first time in six years -- the Senate got its say.
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By William Lutz on
5/4/2009 4:37 PM
by Mark Lavergne
The Senate today finally and unanimously passed Sen. Craig Estes' (R-Wichita Falls) SB 18, which looks to enhance protections for private property owners against condemning entities with eminent domain authority.
"[It is] very gratifying to have the entire senate vote yes on the product we've produced," Estes told LSR.
The legislation now moves to the House.
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By William Lutz on
5/1/2009 3:36 PM
by Mark Lavergne
Pro-lifers and social conservatives had arguably their most successful day yet in the Texas Senate today.
The committee substitute to SB 182 by Sen. Dan Patrick (R-Houston), which requires doctors to offer, but now does not require women to accept, ultrasounds before performing an abortion, finally passed the Senate today 20-10.
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By William Lutz on
5/1/2009 3:02 PM
In this week's issue I wrote a story on bills that take power from the elected State Board of Education. Due to space, I had to leave a few out. Here are some other key bills that affect the SBOE:
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By William Lutz on
5/1/2009 1:27 AM
The House Republican Caucus demonstrated its resolve to improve ballot integrity by circulating the following resolution on voter id:
We are closely monitoring the Voter ID bill and are fervently committed to advancing a Voter ID bill.
Our principles concerning what the bill must contain are clear, this bill must:
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By William Lutz on
4/28/2009 12:19 PM
The House Transportation Committee has approved the Texas Department of Transportation Sunset bill 10-1. Rep. Jim Dunnam (D-Waco) was the only no vote.
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By William Lutz on
4/27/2009 7:08 PM
Speaker Joe Straus has named the House's conferees on the appropriations bill. Straus named Reps. Jim Pitts (R-Waxahachie), Richard Raymond (D-Laredo), Ruth Jones McClendon (D-San Antonio), John Otto (R-Dayton), and John Zerwas (R-Fort Bend).
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By William Lutz on
4/27/2009 7:04 PM
The Democrats (with help from a handful of Republicans) succeeded in passing the constitutional amendment taking the Permanent School Fund away from the elected State Board of Education, but it sure didn’t look pretty.
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By William Lutz on
4/27/2009 7:00 PM
In the past 48 hours, I have written several blog items on the Permanent School Fund. If this proposed constitutional amendment passes, there may not be a Permanent School Fund forty years from now.
Here’s what’s going on: some of the key legislative leaders see the PSF as a slush fund used to find the last few hundred million to balance the budget.
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By William Lutz on
4/27/2009 10:18 AM
Now that we’re getting close to the end of session, interesting stuff is starting to happen. Here are some highlights of the week ahead.
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By William Lutz on
4/27/2009 8:21 AM
In my recent commentary on the Permanent School Fund, I wrote that the fund's staff uses state office buildings. Two years ago, the Permanent School Fund staff moved into leased space in the Wells Fargo Building on 15th Street. I regret the error.
That said, Adam Jones with the Texas Education Agency notes that the lease on the space was negotiated by the Texas Facilities Commission and that several federally-funded agency employees also office there and that the PSF has "by far the smallest staff and lowest operating cost of any major state fund (UTIMCO, ERS, TRA and the Comptroller’s Safekeeping Trust)." I appreciate the staff of the Texas Education Agency for providing this helpful information after seeing my initial post. Reponsibility for any mistakes in the prior column is entirely my own.
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By William Lutz on
4/26/2009 9:35 PM
Monday, the Legislature is considering a constitutional amendment and a bill to take the Permanent School Fund management away from the elected State Board of Education, giving it instead to a corporation set up by the Comptroller of Public Accounts and overseen by a board appointed by the state's major elected officials. (HJR 77 and HB 2037 by Rep. Donna Howard [D-Austin]). The Permanent School Fund is an endowment created largely from oil royalties on state lands that funds textbooks and other public school expenses.
The bill's structure has many similarities to the one the Legislature set up for the University of Texas in the mid-1990s. Ever since then, UTIMCO (the corporation that manages the Permanent University Fund) has been a non-stop source of controversy at the Capitol.
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By William Lutz on
4/24/2009 4:31 PM
The logjam appears to have been broken. Today, the Senate Higher Education Committee passed out SB 1443 – Sen. Judith Zaffirini’s (D-Laredo) bill limiting college tuition. The bill is a consensus product representing the work of several senators. The tuition limit probably would not have happened were it not for the work of four Senators – Sens. Juan Hinojosa (D-McAllen), Tommy Williams (R-The Woodlands), Dan Patrick (R-Houston), and Royce West (D-Dallas). But more on that later.
Here’s a quick summary of the bill. For schools with tuition rates above the median, tuition increases are limited to five percent or the Consumer Price Index, whichever is less. For schools below the median, they get a couple of years where they can increase tuition by five percent of the median school’s tuition (so that schools that behaved responsibly are not unduly penalized). In addition, schools may create a four-year tuition freeze option where students can opt into a plan where tuition is frozen for all four years.
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By William Lutz on
4/24/2009 3:20 PM
Sen. John Carona's (R-Dallas) local options transportation funding plan was debated in the April 21 House Transportation Committee and was left pending. The House version is HB 9, sponsored by Rep. Vicki Truitt (R-Keller). The Senate version has already passed muster in the upper chamber the week prior.
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By William Lutz on
4/24/2009 2:42 PM
Lt. Gov. David Dewhurst has named the senate's conferees on the state budget. The ten conferees are the folks who really write the state budget. They are Sens. Steve Ogden (R-College Station), Juan Hinojosa (D-McAllen), Florence Shapiro (R-Plano), Royce West (D-Dallas), and Tommy Williams (R-The Woodlands).
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By William Lutz on
4/23/2009 11:19 PM
LSR is now on Twitter. We have set up Twitter feeds that we encourage our subscribers and friends to follow. Whenever we update this blog we will post a notice to @LoneStarReport. In addition, LSR Managing Editor William Lutz has set up his own personal twitter feed @willlutz. We hope this provides a useful way for our subscribers and friends to keep up. And thanks for your patience while the print journalists at LSR learn how to operate all this new-fangled technology stuff.
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By William Lutz on
4/22/2009 1:41 PM
Yesterday, the Houston Chronicle wrote a story that the College Board has endorsed the idea of in-state tuition and legalization for illegal immigrants. Here’s a little extra context:
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By William Lutz on
4/21/2009 2:15 PM
Later this session, the Legislature will pass an omnibus school finance bill. Both the House and the Senate budgets contain almost $2 billion for allocation in a school finance bill that increases equity and reduces recapture.
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