Borris L. Miles

This bill requires all individuals who provide ridesharing services (through companies such as Uber and Lyft) to undergo annual training on human trafficking awareness and prevention. The training materials provided by rideshare companies must meet a long list of requirements and be approved by the Attorney General. Oppose is the Limited Government Position as while human trafficking is certainly a tragedy which society should work to combat, the solution is not the further expansion of the government regulatory state and imposition of new mandates and costs onto the private sector. A much more laudable approach is for the private sector and companies within to invest and establish their own individual procedures to solve societal problems as opposed to the imposition of one-size-fits all government mandates.

Expanding Government Overreach through New Annual Mandates on Ridesharing Drivers Pertaining to Human Trafficking Training.

This bill establishes 10-year mandatory minimum sentences for individuals convicted of human smuggling and 5-year mandatory minimum sentences for operating a stash house (10 years if in an area subject to a declared state of disaster). The bill also enhances penalties for property damage that occurs as a result of concealing or harboring a person in the country illegally from a misdemeanor to a third-degree felony (2-10 years in prison). Support is the Limited Government Position as human trafficking has enormous negative implications on national security and of course devastates victims of the practice and their families. Both Texas and the U.S. government have duties to secure the border and restore law and order by holding criminals accountable.

Strengthening National Security and Law and Order through 10 Year Mandatory Minimum Sentences for Human Trafficking.

This bill prohibits local governments from enacting any ordinances which bans or restricts the sale or use of an engine based on the type of fuel used. Additionally, the bill prevents localities from banning any energy source infrastructure (such as gas stations). Support is the Limited Government Position as this bill helps protect individual liberties as well as automotive freedom. While some may argue this bill undermines "local control", our founding fathers only recognized three entities within the U.S. Constitution - federal government, state government, and the individual. It is not the role for any level of government to unduly infringe the rights of individuals, therefore making preemption measures, such as this bill, necessary.

Protecting Consumer Choice by Preventing Localities from Imposing any Ordinance which Restricts or Bans Gas-Powered Engines or a Source of Energy.

This bill amends provisions related to the delivery of precinct election records to add an additional layer of protection against tampering. If the records are not delivered within 24 hours of the polls closing, the Secretary of State is authorized to "supervise the activities necessary to complete the count, prepare the precinct returns, and distribute the records." Previously, the only option was for a district judge to order the records impounded and supervise the count, preparation of returns, and distribution of records. Support is the Limited Government Position as maintaining strong safeguards against voter fraud are critical aspects of ensuring free and fair elections, an essential component of democracy under our nation's constitutional republic.

Strengthening Election Integrity Through Increased Oversight of Ballot Collection.

This bill, the Property Tax Relief Act, contains several provisions related to property taxes. Most notably, the bill increases the homestead property tax exemption from $40,000 to $100,000. Additionally, the bill enacts a "circuit breaker" provision on the appraised value of real property other than a residence homestead. As a result, the appraised market value of a property is limited to a 1-year increase of 20% plus any new improvements. Support is the Limited Government Position as this bill provides broad property tax relief to homeowners. All state and local tax codes should be constructed in a broadly applied manner with as low of rates as possible for everyone.

Providing Property Tax Relief to Homeowners by Raising the Homestead Exemption to $100,000.

This bill allows the state's attorney general to prosecute certain crimes, including election, bribery, abuse of office, human trafficking, and abortion-related offenses, if a local prosecutor refuses to prosecute the case. Under the bill, when law enforcement agencies report probable cause to a local prosecutor for these offenses, they must also provide the information to the attorney general, who may prosecute the case if the local prosecutor does not prosecute the case within six months. The bill is largely in response to localities across the nations whose prosecutors (typically receiving financial support from George Soros) refuse to enforce or prosecute certain categories of crime. Support is the Limited Government Position as protecting property rights and ensuring public safety serve as essential components of government. Unfortunately, this bill is especially necessary due to many so-called criminal justice "reforms" which have led to skyrocketing crime rates and are being advanced in state legislatures by George Soros and other radical-left billionaires through their funding of advocacy organizations on both sides of the political aisle.

Strengthening Law and Order by Permitting the State Attorney General to Prosecute Certain Crimes if Local Prosecutors Refuse.

This bill eliminates the state's mandatory vehicle safety inspection effective January 1, 2025. As a result, car owners will no longer be forced to annually take their vehicle in for an inspection, however a $7.50 annual fee (the current inspection fee) will still be assessed on vehicle owners. Texas was one of only 13 states which required annual vehicle inspections. Support is the Limited Government Position as this bill provides significant regulatory relief to motorists by no longer being burdened to take their vehicle in for inspection and sometimes sold to perform unnecessary repairs. This bill also helps drive "automotive freedom" by reducing a significant burden for owners of multiple collector vehicles and the likelihood of damage due to the inspection process.

Providing Significant Regulatory Relief to Car Owners by Eliminating the State's Mandatory Annual Vehicle Safety Inspection.

This bill establishes a series of new regulations which prohibit all insurance companies operating in the state from establishing their own policies concerning Environmental, Social and Governance (ESG). The new mandate and price control apply to both the coverage decisions of insurers as well as their rate setting practices. Oppose is the Limited Government Position as this government intrusion into the marketplace infringes the right of private insurance companies to set their own policies and coverage decisions. Instead of weaponizing government, lawmakers should instead work to reduce regulations and expand competition so the free marketplace can better reward and punish insurers based on the policies they enact.

Imposing Overreaching New Regulations on the Insurance Industry by Banning Private Companies from Setting their own Policies Surrounding ESG.

This bill allows cities which have a municipal street sales tax to call an election to authorize the tax for a period of 8 to 10 years if a majority of voters approved the tax in the last 2 elections. In most cities, the duration of the tax is limited to 4 years. Additionally, the bill expands the permitted uses of the tax to include not only maintenance and repair of streets and sidewalks, but now also water, wastewater, or stormwater systems located under a city street. Oppose is the Limited Government Position as this bill reduces government and fiscal accountability by weakening the ability for voters to properly scrutinize the usage of the funding and need for the taxation.

Reducing Government and Fiscal Accountability by Allowing Municipal Tax Levies to Continue for up to 10 Years (Previously 4 Years) without Voter Approval.

This bill establishes a new health insurance mandate relating to "biomarker testing" which is applicable to all private policies offered in the state and Medicaid. Specifically, the bill requires all policies to cover biomarker testing to diagnose, treat, manage, or monitor a person's disease or condition if the test is supported by "medical and scientific evidence." Oppose is the Limited Government Position as each and every health insurance mandate or price control on co-payments prevents an individual from selecting a plan with just basic or customized coverages to fit their specific needs. As a result, health insurers are forced to only offer costly plans loaded with coverages that most individuals do not need. This can result in lower-income or younger individuals choosing to purchase no insurance plan at all due to the high cost.

Increasing Health Insurance Premiums by Mandating All Policies Provide Coverage for Biomarker Testing.

This bill generally raises the bar to prosecute organized retail theft by now requiring a person to steal at least $100 of merchandise and be found to have "intent for the redistribution of that merchandise into the supply chain" to be guilty. Oppose is the Limited Government Position as ensuring public safety and protecting property rights serve as essential components of government. Unfortunately, this bill represents one of many so-called criminal justice "reforms" which have led to skyrocketing crime rates and are being advanced in state legislatures by George Soros and other radical-left billionaires through their funding of advocacy organizations on both sides of the political aisle.

Fueling Lawlessness and Business Closures by Making it Harder to Prosecute and Punish Cases of Organized Retail Theft.

This bill raises the maximum allowable interest rate which lenders may charge on consumer loans, by now allowing the federal funds rate to be included in the calculation. While existing law currently caps consumer loan interest rates between 18% and 30%, the addition of the federal funds rate could allow lenders to charge another 5% to 6% depending on the rate of inflation. Support is the Limited Government Position as the free-market - not government price controls - is the best mechanism to ensure the lowest borrowing rates and greatest available credit options for all borrowers. This slight regulatory relief will help expand borrowing and lending opportunities, especially during periods of high inflation.

Expanding Borrowing and Lending Opportunities by Raising the Maximum Allowable Interest Rate on Consumer Loans by Including the Federal Funds Rate in the Calculation.

This bill expands the Rural Veterinarian Incentive Program, which provides taxpayer-funded loan repayment to veterinary students and recent graduates who agree to work in counties with populations below 150,000. Previously, eligibility was limited to counties with populations below 100,000. Oppose is the Limited Government Position as the free market - not central planning by politicians - is the best mechanism to determine the need and distribution of veterinarians across the state. Taxpayers in urban areas should not be forced to subsidize the amenities of individuals who choose to locate in rural or other portions of the state where veterinarians may not be as accessible.

Growing Government Central Planning and Runaway Spending by Forcing Taxpayers to Pay Off the Student Loan Debt of Veterinarians in Additional Regions of the State.

This bill earmarks $1.54 billion in state funds to continue construction of barriers along the Mexico border. Additionally, the bill provides $40 million for State Troopers to patrol Colony Ridge which has high levels of illegal immigrants. Support is the Limited Government Position as ensuring public safety and national defense is arguably the most important role of government. Failure to secure our nation's border not only has catastrophic implications on the ability to maintain law and order, but also creates countless other issues ranging from welfare to the education system.

Restoring Law and Order by Earmarking $1.54 Billion in State Funds to Construct Barriers Securing the Mexico Border.

This bill amends the public information request system by allowing government agencies to withhold information that it makes a good faith determination is exempt from public disclosure. This is intended to reduce the amount of attorney general decisions requested and reduce the response time for information requests, with appeals of decisions to withhold information permitted. The bill also allows the attorney general to fine any governmental entity $1,000 for submitting a bad faith request for an opinion, and an additional $500 each day until the requested information is provided to the requestor. Support is the Limited Government Position as this bill helps strengthen government transparency and accountability by increasing efficiency.

Strengthening Government Accountability and Transparency by Reforming the Public Information Request System to Quicken Response Times and Reduce Bad Faith Requests.

This bill authorizes Angelina County to impose a new hotel tax, with the revenue to be used to promote tourism, conventions, and hotels. Oppose is the Limited Government Position as all state and local tax codes should be constructed in a broadly applied manner with as low of rates as possible for everyone. Additionally, it is not the proper role of government to fund tourism promotion and taxpayer funds should not be utilized to advance government-favored industries.

Increasing Taxation and the Growth of Government by Allowing Angelina County to Impose New Taxes on Hotels for Wasteful Tourism Promotion Initiatives.

This bill increases the penalty for tampering with a retail gas pump to steal fuel by making it a felony of the third degree. The bill is largely in response to organized criminal groups which have figured out how to disrupt fuel dispenser pulsers and as a result gain unlimited access to fuel. Support is the Limited Government Position as protecting property rights and ensuring public safety serve as essential components of government. Unfortunately, this bill is especially necessary due to many so-called criminal justice "reforms" which have led to skyrocketing crime rates and are being advanced in state legislatures by George Soros and other radical-left billionaires through their funding of advocacy organizations on both sides of the political aisle.

Strengthening Law and Order by Increasing Penalties for Tampering with a Gas Pump to Steal Fuel.

This bill eliminates the expiration of a provision in state law which requires school districts to obtain parental consent in order for a student to receive instruction on human sexuality. This requirement had been set to expire August 1, 2024. Support is the Limited Government Position as strong parental rights in education are critical to a free society. Parents, not government employees, should be the ones to make decisions over the types and degree of sensitive material that their child views.

Strengthening Parental Rights in Education by Prohibiting Discussion of Sensitive Issues Surrounding Human Sexuality without Parental Consent.

This bill allows parents of public school students to transfer their child to a different school or receive funding to enroll their child in private school or home school if their child is a victim of an offense committed by an employee at their school. This includes any offense against the student, such as grooming, sexual offenses, and assault. Support is the Limited Government Position as this bill promotes school choice as well as places greater pressure on public schools to protect children.

Providing School Choice for Students who are Victims of Misconduct or Sexual Grooming Occurring within a Public School.

This bill increases penalties on individuals who knowingly engage in vote fraud, such as voting more than once in an election or impersonates another person when submitting a ballot. Under the bill, the penalty is increased from a Class A misdemeanor to a Felony of the Second Degree, which can carry a 2 to 20 year prison sentence. Support is the Limited Government Position as maintaining strong safeguards against voter fraud are critical aspects of ensuring free and fair elections, an essential component of democracy under our nation's constitutional republic.

Strengthening Election Integrity by Increasing the Penalty for Knowingly Engaging in Voting Fraud.

This bill allows localities to implement a property tax credit equal to at least 50% of the value of property used for childcare services. Only facilities in which at least 20% of the children receive subsidized childcare services are eligible. Additionally, if the property owner leases the property to a childcare facility, the rent charged must be reduced to reflect the tax credit received. Oppose is the Limited Government Position as this bill further dilutes the tax bases resulting in higher property tax burdens on other property owners to make up for the lost revenue. Instead of attempting to socialize childcare costs, lawmakers should instead empower the free market to make childcare more affordable and accessible by reducing regulations and other anti-competitive measures.

Hiking Property Taxes through a New Tax Exemption Scheme which Socializes Childcare Facility Costs.

This bill allows any vehicle that is primarily powered by electric to exceed the roadway gross weight limitations by 2,000 lbs. The bill largely benefits electric-powered trucks and buses. Under existing law, natural gas-powered vehicles are able to exceed the roadway weight limit, which this bill also updates to 2,000 lbs. Oppose is the Limited Government Position as this bill provides special benefits to government-favored vehicle propulsion systems, while ultimately hiking costs onto taxpayers - primarily gas-powered vehicle owners - through higher roadway maintenance costs. The vast majority of roadway deterioration is caused by heavy vehicles, with the primary source of roadway funding coming from the gas tax.

Promoting Electric Vehicles and Hiking Roadway Maintenance Costs through a 2,000 lbs. Weight Exemption for all Electric-Powered Vehicles.

This bill authorizes El Paso County to issue bonds (debt) to be repaid by higher sales or property taxes in order to finance the construction of recreational facilities, if approved by voters. Oppose is the Limited Government Position as constructing "recreational facilities" is not a core role nor duty for any level of government. The private sector is much better equipped to determine the need and level of investment required for initiatives surrounding recreation.

Authorizing El Paso County to Indebt Taxpayers to Construct Recreational Facilities.

This bill increases the personal needs allowance provided to Medicaid welfare recipients at long-term care facilities (nursing homes). Under the bill the monthly allowance is increased by 25 percent to $75 from $60, which is more than double the federal $30 monthly minimum. Oppose is the Limited Government Position as the private sector (charitable entities) is best equipped to provide any additional needs or services to residents not provided by their long-term care facility. While this measure continues to grow government spending, it most concerningly serves as yet another incentive for government dependency over lifelong saving and personal fiscal responsibility.

Further Growing Medicaid Welfare Spending by Hiking the Monthly Personal Needs Allowance at Long-Term Care Facilities.

This bill imposes a series of new regulations on automobile dealerships pertaining to vehicle financing. For example, the bill imposes price controls which prevent a dealership from charging a customer a higher sales price if a buyer utilizes a third-party lender or offers cash. The bill is primarily directed at dealerships which offer discounts or condition vehicle sales on financing through preferred lenders. Oppose is the Limited Government Position as this government intrusion into the private sector infringes the freedom of dealerships to set their own sales policies. Ultimately, these price controls drive up consumer costs by limiting the ability of dealerships to offer discounts and incentives. Texas joins only Massachusetts (arguably the most liberal legislature in the nation) in introducing these new government mandates.

Imposing Price Controls and New Government Mandates on Automobile Dealerships Pertaining to Vehicle Financing.

This bill amends the licensing requirements for Heating, Ventilation, and Air Conditioning (HVAC) technicians by establishing an alternative pathway to become licensed. The bill recognizes completion of a career and technology education program at a public school or institution of higher education as satisfying the certification training program requirements for licensure. The bill also provides for a waiver of any renewal fee and reduction in the number of required continuing education hours for technicians who provide instruction in a career and technology education program. Support is the Limited Government Position as this bill serves as a step in the right direction to reducing unnecessary employment barriers. Ultimately, the private sector, via certifications, rating systems, and the free market, is much better equipped to provide consumer protection while also ensuring competition and low consumer costs. Most government licensing entities are overly restrictive and are largely advocated by special interests seeking to restrict competition in the marketplace.

Reducing Employment Barriers and Expanding Competition Through an Alternative Licensing Pathway for HVAC Technicians.

This bill is largely targeted towards online providers of clear orthodontic aligners such as SmileDirectClub. Under the bill, clear aligners (which are similar to braces) are now classified as a "medical device" and can't be provided to an individual unless they undergo an in-person examination by a dentist, receive dental x-rays, and are provided a prescription for their usage by a dentist. Oppose is the Limited Government Position as this measure represents one of the worst examples of cronyism and utilization of government power to stifle competition under the guise of "consumer protection". This protectionism merely enriches orthodontists and dentists and prevents the free market from expanding competition and lowering costs for consumers. Unfortunately, perhaps due to similar attacks in other states, SmileDirectClub was forced into bankruptcy and shutdown on December 21, 2023.

Expanding Government Power in the Orthodontics Industry to Shutdown Competition by Online Providers of "Clear Aligners" such as SmileDirectClub.

This bill updates the Residential Construction Liability Act to provide additional liability protections for contractors. Under the bill, contractors are not liable for residential construction defects unless actual physical damage occurs, part of a building is unable to be used for its intended purpose, or there is a verifiable danger to the residents. Contractors are also not liable for damages that result from a failure to provide timely notice of a defect. The bill also amends various provisions related to lawsuits arising from construction defects, such as allowing contractors additional time to make a settlement offer. Support is the Limited Government Position as this measure helps maintain housing affordability by reducing frivolous construction related litigation which drives up costs for developers and consumers.

Reducing Frivolous Litigation by Updating the Residential Construction Liability Act to Limit Liability and Provide Clarifications.

This bill places certain limitations on the ability of cities to limit the height of buildings. The bill applies to highly populated cities such as Houston, San Antonio, Dallas, Austin and Forth Worth and only in cases where buildings are at least 50 feet from a lot line. Support is the Limited Government Position as this bill strengthens property rights and helps empower the free market to make housing truly "affordable" by combatting overreaching zoning regulations which significantly drive-up housing costs.

Strengthening Property Rights by Limiting Certain Overreaching Building Height Restrictions Imposed in Densely Populated Areas.

This bill provides rideshare companies (such as Uber and Lyft) with legal immunity from any harm or injury caused by a driver, provided the company has followed all applicable laws, unless a person can show gross negligence by "clear and convincing evidence." Support is the Limited Government Position as protecting business operators from frivolous litigation due to factors outside of their control is critical to ensuring their operation and maintaining low consumer costs.

Reducing Frivolous Litigation by Providing Liability Protections to Rideshare Companies.

This bill serves as the enabling legislation for constitutional amendment HJR 3. Through this bill and the constitutional amendment, a $3.4 billion research endowment is created for Texas State University, Texas Tech University, the University of Houston and the University of North Texas. The funds for the bill will come from the state's Economic Stabilization Fund, commonly referred to as the "rainy day" fund. Oppose is the Limited Government Position as any excessive monies within the state's rainy-day fund should be returned to taxpayers through tax cuts, not woke universities. While it is a necessary role for government to provide quality K-12 education - ideally through school choice - college and university-level education should be funded through user fees (i.e. tuition) by those who wish to pursue their selected career path. These enormous costs should not be imposed on individuals who elect to pursue activities other than higher education, such as those who start their own businesses or work in the trades.

Raiding the State's Rainy Day Fund to Channel over $3.4 Billion in Additional Funding to Woke Universities.

This bill requires all restaurants to display a "food allergen awareness" poster for employees, with the content to be determined by the Department of State Health Services. Additionally, food education and training programs are now required to include food allergy information, and a food manager certificate examination must include this information. Oppose is the Limited Government Position as while well intentioned, the private sector (such as non-profit entities) is much more effective in educating the public and food establishments about the dangers of food allergens and providing the necessary materials and awareness. The government regulatory and nanny state should not be continually expanded to perform an endless list of duties such as this measure.

Growing the Regulatory State through an Excessive "Food Allergen Awareness" Poster Mandate on all Restaurants and Food Establishments.

This bill establishes a new regulatory framework for electric vehicle chargers under the Texas Department of Licensing and Regulation. Under the bill, most electric vehicle chargers made available to the public for a fee must be registered with the state and are subject to inspections, fee disclosures, and maintenance standards. Additionally, the Texas Commission of Licensing and Regulation is empowered to establish rules and impose fees to cover administrative costs. Oppose is the Limited Government Position as this bill further grows government power and the regulatory state. This measure will increase costs to electric vehicle owners as the fees charged by the commission will be passed along in the form of higher rates and surcharges.

Growing Government to Now License and Regulate Electric Vehicle Charging Devices.

This bill is designed to curb illegal immigration by allowing the Governor to establish an interstate compact for border security with any interested states for the purpose of sharing intelligence and resources to build a physical wall along the U.S.-Mexico border. Support is the Limited Government Position as the promotion of an open-border immigration system places an immense strain on U.S. infrastructure and taxpayer resources, ranging from welfare to the education system, while also creating serious national security and human trafficking issues. Lawmakers should focus on growing the U.S. economy through reforms to the immigration system that both increase the number of skilled individuals who may enter and work in our country and reduce human trafficking across our borders.

Strengthening National Security by Creating an Interstate Compact for Border Security to Help Combat Illegal Immigration and Human Trafficking.

This bill provides greater legal clarity to ensure doctors can prescribe certain off-label drugs without facing any disciplinary actions from the state's professional licensing board. The bill is largely in response to physicians prescribing hydroxychloroquine sulfate and ivermectin to treat COVID-19 infections. Support is the Limited Government Position as there have been countless reported cases of hydroxychloroquine and ivermectin being effective in treating COVID-19, even though they haven't been approved by the FDA. Additionally, considering the low level of associated risks and side effects of the drugs within this measure, patients and their doctors should have the freedom to make their own medical decisions.

Strengthening Medical Freedom by Preventing Licensing Boards from Taking Actions Against Doctors for Prescribing Off-Label Drugs to Treat Conditions Such as COVID-19.

ILA

Borris L. Miles