John Whitmire

The bill prevents localities from imposing additional regulations on farmers and ranchers engaging in agricultural operations. Under the bill, the Texas A&M AgriLife Extension Service is directed to develop a list of "generally accepted agricultural practices" that do not pose a threat to public health, which cities also may not prohibit or restrict. Support is the Limited Government Position as this bill strengthens property rights by combatting overreaching local regulations. 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 Farmers from Government Overreach by Preventing Local Governments from Imposing Additional Regulations on the Agricultural Industry.

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 amends the existing state law which prohibits firearms on school grounds or buildings when a school-sponsored activity is taking place. Under this bill, the "gun free zone" only applies to the actual premises owned by a school (not off-campus locations). Support is the Limited Government Position as "gun free zones" do not protect communities, rather they place individuals in defenseless positions against criminals who do not abide by the law. While the restriction should be eliminated entirely, this measure serves as a step in the right direction.

Strengthening Self-Defense and Second Amendment Rights by Limiting School "Gun-Free Zones" to Only School-Owned Property.

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 prohibits local governments across the state from imposing any ordinances which directly regulate greenhouse gas emissions, with the state given exclusive regulatory authority. As a result, the bill would preempt local regulations that restrict greenhouse gas emissions. Support is the Limited Government Position as this bill protects economic growth by ensuring regulatory certainty and combatting local government overreach. 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 Against Local Government Overreach by Ensuring Only the State Can Regulate Greenhouse Gas Emissions.

This bill requires an aspiring dietician to now obtain a master's degree, register with a national commission, complete an internship or other accepted training program, and undergo examination to work in the profession. Oppose is the Limited Government Position as this bill serves as an unnecessary employment barrier primarily designed to restrict competition and enrich institutions which provide dietician education and training. 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.

Increasing Employment Barriers and Enriching Certain Educational Institutions by Forcing Dieticians to Obtain Masters Degrees.

This bill prohibits localities from issuing bonds (debt) to purchase or lease tangible personal property if the property will no longer be useful before the debt matures. According to the bill's sponsor, local debt reached $417 billion in fiscal year 2022. Support is the Limited Government Position as this bill helps protect taxpayers from growing debt due to unsound fiscal policies by local governments.

Protecting Taxpayers by Prohibiting Localities from Issuing Bonds (Debt) to Purchase Personal Property that has a Lifecycle Expected to Expire Before the Bond Matures.

This bill contains several provisions related to the release of individuals charged with felonies. Most significantly, the bill prohibits the release of a defendant on their own recognizance (no bond required) if they are charged with certain offenses, such as manufacture or delivery of fentanyl, terroristic threats, or unlawful possession of a firearm. Additionally, a magistrate may not release a defendant charged with a felony unless the defendant appears before the magistrate and the magistrate has considered the public safety report, which includes the defendant's criminal history. The bill also allows prosecutors to appeal a bail amount as being insufficient if a defendant is charged with a felony and is already out on bail for another pending felony. Support is the Limited Government Position as ensuring public safety and protecting property rights 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 radical-left billionaires through their funding of advocacy organizations on both sides of the political aisle.

Strengthening Law and Order by Ensuring Bail is Imposed for Most Felony Offenses.

This bill makes it easier for movie production companies to receive a grant under the moving image industry incentive program by reducing the percentage of production crew, actors, and extras who must be Texas residents from 70% to 55%. Oppose is the Limited Government Position as it is not the proper role of government to subsidize the film production costs of private companies - especially considering this measure enriches woke Hollywood production companies that are antagonistic to limited government principles. Lawmakers should eliminate this grant program entirely, much less expand the ability of movie production companies to receive taxpayer funds.

Worsening Cronyism by Making it Even Easier for Woke Hollywood Production Companies to become Enriched through Taxpayer Subsidies.

This bill, the Medical Freedom Act, expands on the state's Right to Try Act passed in 2015, which applied to individuals with terminal illnesses. Under this bill individuals with a severe chronic disease are also given the "right to try" an investigational drug, biological product, or device that has completed phase one of a clinical trial but is not yet approved by the FDA, if certain conditions are met. The bill also provides protections for doctors and manufacturers by providing legal immunity from any harm or injury that results from using the investigational product and ensures doctors can recommend such products without facing any disciplinary actions from the state's professional licensing board. Support is the Limited Government Position as this measure strengthens individual liberties and medical freedom by ensuring patients and their doctors - not government bureaucrats - are the ones making decisions over treatment and healthcare.

Strengthening Individual Liberties and Medical Freedom by Providing the "Right to Try" Experimental Drugs to treat Severe Chronic Diseases.

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 establishes the Rural Pathway Excellence Partnership Program to "expand opportunities for underserved students to succeed in school and life while promoting economic development in rural areas." The bill provides up to $5 million in funding annually for rural school districts to partner on college and career pathway programs, with districts receiving outcome bonuses based on whether a student is considered economically disadvantaged. Oppose is the Limited Government Position as taxpayers in urban areas should not be forced to subsidize educational programs for individuals who choose to locate in rural or other portions of the state.

Forcing Taxpayers to Pay up to $5 Million Annually for a New Rural College and Career Pathways Program.

This bill requires the results of early in-person voting to be printed immediately upon the closure of polls on election day. While this action is already required under previous law for in-person voting on election day, the bill is designed to provide clarity that the law also applies to the early voting results as well. 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 Requiring the Result of Early In-Person Voting to be Printed Immediately Upon the Closure of Polls on Election Day.

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 prohibits local governments from imposing any additional regulations which restrict or delay eviction proceedings. Support is the Limited Government Position as eviction moratoriums and other actions which prevent landlords from reclaiming their property due to tenant non-payment or lease violation restrictions ultimately drive-up rental costs for everyone by exposing landlords to additional risk and expense.

Strengthening Property Rights by Prohibiting Local Governments from Imposing Additional Regulations which Restrict Eviction Proceedings.

This bill allows courts to remove district attorneys for misconduct if they refuse to prosecute certain types of crime. The bill is largely in response to cases of "reform-minded" prosecutors that have refused to prosecute crime or uphold the state's abortion laws. Support is the Limited Government Position as ensuring public safety and protecting property rights serve as essential components of government. Unfortunately, this bill is necessary to combat many of the 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 Public Safety by Allowing Courts to Remove Rogue DAs which Refuse to Prosecute Crime.

This bill provides legal protection from the state's animal cruelty law to individuals participating in the "Trap-Neuter-Release" program. Under the program, stray cats are trapped, evaluated by a veterinarian, vaccinated and sterilized, marked, and then returned to the wild. The program helps humanely control the pet population and reduce the euthanasia of animals. Support is the Limited Government Position as this measure helps empower the private sector to improve the well-being of animals and control the pet population. The program has proven extremely effective and prevented the euthanasia of tens of thousands of animals.

Empowering the Private Sector to Help Humanely Control the Pet Population by Providing Legal Protection for the "Trap-Neuter-Release" Program.

This bill, the Texas Jobs, Energy, Technology, and Innovation Act, provides select businesses which meet certain investment thresholds and job requirements with property tax exemptions. Under the bill, businesses will receive tax exemptions ranging between 50% and 75% for a period of 10 years, and a 100% tax exemption during the construction phase. 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. This and other tax cronyism schemes merely dilute the tax base which results in higher taxes on all other individuals and products to make up for the lost revenue. The free market (by lowering taxes for all businesses) can provide much greater returns on investment than this central planning by politicians.

Expanding Cronyism and Enriching Government-Favored Corporations through a New Property Tax Exemption Scheme.

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 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 prevents public colleges and universities within the state from taking certain actions against student organizations due to their membership policies surrounding sincerely held beliefs. Support is the Limited Government Position as the bill helps strengthen free speech and assembly rights as protected under the First Amendment to the U.S. Constitution.

Protecting Free Speech and Assembly on Public College Campuses by Ensuring Student Organizations Can Set Membership Policies Based on their Sincerely Held Beliefs.

This bill prevents state employees and officers from downloading or accessing TikTok or other applications declared by the Governor to pose a risk to the state, on state devices. Support is the Limited Government Position as the installation of such systems poses a significant and unnecessary threat to state and federal networks. Additionally, state employees should not be utilizing government equipment to access entertainment apps such as TikTok.

Strengthening National Security by Banning TikTok from Being Accessed on State-Issued Devices.

This bill prohibits county clerks, elections administrators, early voting clerks and certain other officials from suspending laws relating to acceptance of early mail-in ballots. This includes suspension of requirements such as the carrier envelope certificate being properly competed, the signatures being valid, and the ballot application stating a valid reason for voting early by mail. 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 Prohibiting Election Officials from Suspending Requirements for Mail-In Ballot Review.

This bill prohibits local governments from enacting any ordinances which require a firearm owner to obtain liability insurance for "damages resulting from negligent or willful acts involving the use of the firearm." Support is the Limited Government Position as James Madison and our nation's other founding fathers understood that the right to keep and bear arms is a crucial individual liberty and protects the citizenry against a tyrannical government. This measure provides an additional layer of protection for individuals to exercise their Second Amendment rights without being unduly restricted by government.

Protecting Second Amendment Rights by Preventing Localities from Imposing Liability Insurance Mandates on Firearm Owners.

This bill imposes a series of new insurance mandates requiring automobile insurance policies offered in the state provide coverage for original equipment manufacturer (OEM) parts as opposed to less costly aftermarket parts. The bill applies to all policies covering vehicles 36 months old or newer. Additionally, the bill forbids policies from restricting the repair facility or persons performing repairs. Oppose is the Limited Government Position as like Obamacare and mandates on health insurance, this measure infringes the right for consumers to select less costly insurance offerings. This bill is largely designed to enrich vehicle repair facilities at the expense of higher insurance premiums for owners of newer vehicles.

Hiking Automobile Insurance Premiums by Imposing New Mandates which Require Usage of OEM Parts for Vehicle Repairs.

This bill extends the duration of postpartum coverage provided under Medicaid (government-provided healthcare) from 60 days to 1 year, which is estimated to cost an additional $381 million over the next five years. Oppose is the Limited Government Position as this bill further grows government dependency under the state's Medicaid welfare program. The state must pursue every available avenue to reign in its out-of-control spending, which, when coupled with the over $185 trillion federal liabilities, represents the greatest existential threat facing this country.

Increasing Government Dependency and Ballooning Medicaid Welfare Spending by an Additional $381 Million by Hiking Postpartum Benefits from 60 Days to 12 Months.

This bill creates both the "Texas Space Commission" and the Aerospace Research and Space Economy Consortium to promote innovation in the space, aeronautics, and aviation industry. The new entities are expected to require the hiring of at least 10 additional state employees at an estimated cost of $3.4 million over the next two years. Oppose is the Limited Government Position as the federal government (National Aeronautics and Space Administration already spends tens of billions of dollars advancing innovation in this field. This new entity is not only unnecessary but will likely enrich select government-favored entities and further distort the private sector and free marketplace. The state must pursue every available avenue to reign in its out-of-control spending, which, when coupled with the over $185 trillion federal liabilities, represents the greatest existential threat facing this country.

Growing Government Bureaucracy and Wasteful Spending through the Creation of the Texas Space Commission and the Aerospace Research and Space Economy Consortium.

This bill expands eligibility under the "Major Events Reimbursement Fund" to include a larger range of events ranging from Formula 1 to the country music awards, and equestrian competitions. Oppose is the Limited Government Position as the free market - not central planning by government bureaucrats - is the best mechanism to select the most desired events and provide the necessary funding (via tickets and other user fees). The major event reimbursement fund should be eliminated entirely as the state must pursue every available avenue to reign in its out-of-control spending, which, when coupled with the over $185 trillion federal liabilities, represents the greatest existential threat facing this country.

Worsening Cronyism and Government Central Planning by Forcing Taxpayers to Subsidize an Even Greater Range of Events (Formula 1 and Equestrian) under the "Major Events Reimbursement Fund".

This bill prohibits state and local governments from imposing COVID-19 vaccine or mask mandates or from ordering private businesses or public or private schools to close for the purpose of stopping the spread of COVID-19. The bill does contain some exceptions for jails, hospitals, and other facilities where other rules conflict. Support is the Limited Government Position as this measure helps protect individual liberties by ensuring it is individuals - not government - making the medical decision on whether or not to receive a vaccination against COVID-19. Additionally, the bill protects against overreaching government mandates related to masks and shutdowns.

Protecting Individual Liberties by Prohibiting Government-Imposed COVID-19 Vaccine or Mask Mandates.

This bill requires the Department of Agriculture to hire an additional government employee to establish the Texas food system security and resiliency planning council. The bill also requires the establishment of a state food system security plan for purposes such as to "provide for the orderly development and management of food system security" and recommend legislation "needed or desirable to facilitate the resilience and availability of food." Oppose is the Limited Government Position as this bill further grows government bureaucracy and spending and will likely lead to additional government intervention in future years. The federal government already spends billions on stockpiling food and planning for natural disasters. Additionally, the free market and private sector is far more effective in solving all other non-emergency related supply-chain issues as opposed to central planning by government bureaucrats.

Growing Government Bureaucracy by Establishing the Texas Food System Security and Resiliency Planning Council.

This bill allows public higher education institutions (state colleges and universities) to adopt policies which allow for the termination of tenured faculty for reasons such as "professional incompetence" or "conduct involving moral turpitude". Support is the Limited Government Position as all individuals holding positions funded by taxpayers should be held accountable and perform their duties to the standards set by the state. This bill serves as a step in the right direction at restoring some accountability at the state's institutions of higher education, which have largely turned into stages promoting radical social and political agendas.

Ensuring Colleges and Universities can Remove Poor-Performing Professors by Restricting the Use of Tenure.

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 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, the Creating a Respectful and Open World for Natural Hair (CROWN) Act, makes a person's hair texture or hairstyle a protected characteristic if is commonly associated with a particular race. CROWN applies to public schools and institutions of higher education, employment, and housing. Oppose is the Limited Government Position as this bill serves as a new tool by plaintiffs' attorneys to subject business owners and housing providers to frivolous litigation. Such actions merely drive-up costs for consumers and can be particularly devastating for small businesses and landlords.

Increasing Frivolous Litigation and Legal Liabilities by Making "Hair Texture and Style" a Protected Characteristic in Employment and Housing.

This bill bans the sale or use of so-called "grinch bots" designed to automatically make purchases from websites, often in excess of quantity limitations, disguise the identity of the purchaser, or avoid security measures. These "bots" often make online retail purchases online faster and in larger quantities than a user would be able to, usually intended to allow resale of the items at a profit. Oppose is the Limited Government Position as the private sector - certainly not state government - is best equipped to handle and create counter-measures for issues surrounding "bots". If issues surrounding "bots" do reach a level where there is a role for government involvement (such as to prevent fraud or theft) then the federal government is much better equipped to handle such online threats that may come from individuals in other states or worldwide.

Growing Government Interference in the Private Marketplace through an Overreaching Ban on "Grinch Bots" for Online Sales.

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.

ILA

John Whitmire