James Talarico

The Herrero amendment #45 to the appropriations bill. This amendment prohibits any funds in the bill from being used for school choice programs, including school vouchers, education savings accounts, tax credit scholarships, or grants that allow students to attend private schools. Oppose is the Limited Government Position as this amendment worsens educational outcomes for all students by blocking competition and a market in education, which encourages schools to provide the best education so they can attract parents to enroll their child and receive the associated funding.

Blocking School Choice by Prohibiting Any Appropriations within the Budget for School Choice Programs.

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 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, 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.

The Harrison and Leo-Wilson amendment #1 to a public school funding bill. This amendment provides that a school district is only eligible to receive the basic allotment funding if more than 50% of the district's maintenance and operations expenditures the previous school year were spent on salaries and benefits for full-time teachers. Support is the Limited Government Position as this amendment is designed to ensure school districts are using taxpayer funds to provide the best education possible for students, rather than wasting funds on administrative and other unnecessary expenses.

Protecting Taxpayers and Promoting Student Success by Ensuring School Funding is Directed to Teachers Instead of Wasteful Administration.

This bill reforms the state's asset forfeiture laws, under which the government may seize property deemed to be contraband. Under the bill, property may not be seized if it is not otherwise illegal to possess and the aggregate value is less than $2,500. Additionally, the bill increases the evidence standard the state must meet to show that property is subject to seizure from "a preponderance of the evidence" to "clear and convincing evidence." Support is the Limited Government Position as this bill strengthens property rights and civil liberties by helping combat abuse of the asset forfeiture system (i.e. "policing for profit"). Individuals who may have been wrongfully accused are forced to undergo a lengthy and expensive legal process to recover their property.

Strengthening Property Rights and Civil Liberties through Protections Against Abuse of Asset Forfeiture.

This bill creates the "Texas Grocery Access Investment Fund" "to construct, rehabilitate, or expand grocery stores in underserved low-income and moderate-income areas." The bill requires at least 25% of funds be in the form of grants or forgivable loans, and recipients may use funds to acquire property, construct grocery stores, and for other purposes. Oppose is the Limited Government Position as the free market - not central planning by government bureaucrats - is the best mechanism to determine the need and distribution of grocery stores across the state. Additionally, taxpayers in one part of the state should not be forced to subsidize amenities such as grocery stores for individuals in other regions of the state.

Growing Government Central Planning and Runaway Spending by Forcing Taxpayers to Subsidize Grocery Stores in "Food Deserts".

This resolution amends the state constitution to prohibit the legislature from imposing any tax based on the wealth or net worth of an individual or family. Support is the Limited Government Position as a "wealth tax" represents one of the most destructive forms of taxation which discourages investment and would result in most high-net-worth individuals fleeing the state - devastating economic growth.

Protecting Economic Growth through a Constitutional Amendment Prohibiting Implementation of any "Wealth Tax".

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 requires homeowner's, renter's, and condominium owner's insurance policies that include replacement cost coverage to pay 80% of the repair or replacement cost of a claim upfront, minus the deductible. Once documentation is provided showing that the repair or replacement is complete, and any deductible has been paid, the remaining balance is to be paid. Oppose is the Limited Government Position as this bill further grows the regulatory state and government interference in the free market. While there is a role of government to protect individuals from fraudulent practices, this overreach significantly adds to the already overregulation of the insurance industry, limiting policy options and driving up costs for both businesses and consumers.

Growing Government Regulation of Property Insurance Through a New Mandate Requiring Payment of 80% of Replacement Value Up Front.

This bill prohibits any state agency from assisting in the enforcement of any federal law or regulation on oil and gas operations unless such action is aligned with state regulation. Support is the Limited Government Position as this bill helps protect the oil and gas industry from overreaching and politicized new mandates being proposed by the Biden Administration. Such draconian regulations result in much higher consumer costs and choke economic growth.

Protecting the Oil and Gas Industry from Overreaching Federal Climate Change and Environmental Regulations.

This bill allows retired judges who have a handgun license to carry a firearm into restricted places, such as courthouses, schools, and polling locations. Support is the Limited Government Position as disarming individuals through pointless "gun control" measures merely make law-abiding citizens targets to criminals who do not abide by the law. And while all law-abiding individuals should be permitted to exercise their Second Amendment rights and defend themselves in these locations, this bill serves as a step in the right direction in helping protect individuals who may be at elevated safety risks.

Strengthening Self-Defense and Public Safety by Authorizing Retired Judges to Carry a Firearm into Courthouses and Other Restricted Places.

The Reynolds amendment #16 to a bill prohibiting children under 18 years of age from receiving sex-reassignment procedures or puberty blockers until they reach the age of consent. The amendment requires the Health and Human Services Commission to contract with local mental health authorities and local behavioral health authorities to provide and pay all costs for mental health services to children who were already receiving treatment or are diagnosed with severe gender dysphoria and prohibited from receiving these procedures. Oppose is the Limited Government Position as this highly politicized amendment further grows the government welfare state. Additionally, taxpayers - many of whom may have critical views of minor "gender dysphoria" - should not be forced to pay for such services.

Forcing Taxpayers to Provide Mental Health Services to Children Facing "Gender Dysphoria".

This bill expands coverage under Medicaid (government-provided healthcare) by directing the Health and Human Services commissioner to adopt rules to cover home telemonitoring services under the state's Medicaid program. Previously, this was optional if the commissioner determined that such coverage would be "cost-effective and feasible." Oppose is the Limited Government Position as this bill further traps individuals into government dependency by growing benefits under the government welfare state. The state must pursue every available avenue to reign in its out-of-control spending, as, when coupled with the over $185 trillion federal liabilities, represents the greatest existential threat facing this country.

Growing Government Dependency by Expanding the Medicaid Welfare Program to Now Cover Home Telemonitoring Services.

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 permits the Arlington Independent School District to allow the sale and consumption of alcohol at the Center for Visual and Performing Arts facility. Support is the Limited Government Position as this bill expands consumer choice and individual liberties while also generating additional sales tax revenue for taxpayers.

Expanding Individual Liberties and Tax Revenue by Allowing the Sale and Consumption of Alcohol at a Fine Arts Performing Venue in Arlington.

This bill expands eligibility under the "Major Events Reimbursement Fund" to include a larger range of events ranging from the Bassmaster Classic to motorcycle racing 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 (Bull Riding and Bassmaster) under the "Major Events Reimbursement Fund".

This bill primarily targets a business model within the optometry industry which has been deployed by Visionworks of America, which is owned by an insurance company called Vision Services Plan (VSP) Insurance Co. The bill prevents VSP from incentivizing its enrollees to utilize the optometry company it owns (Visionworks) through the offering of discounts or other value-added benefits. Other optometry companies have alleged that since VSP owns its own optometry company and can "steer patients" it is provided an unfair competitive advantage in the industry. 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. This protectionism merely enriches select businesses and prevents the free market from expanding competition and lowering costs for consumers.

Expanding Government Power to Shutdown Competition within the Optometry Industry.

This bill creates the employer child-care contribution partnership program for the purpose of "incentivizing eligible employers to contribute to employee child-care costs and providing a state match for funds contributed." Under the program, an employer must pay at least 20% of the employee's child care and the child care provider must be determined by the Texas Workforce Commission to be a "high-quality program." Individuals are eligible to receive a full match of the employer's contribution if their household income does not exceed the state median household income, with the matching amounts incrementally decreased if their income is higher. Oppose is the Limited Government Position as this measure further grows government dependency. Instead of forcing taxpayers to pay for the childcare costs of other individuals, lawmakers should advance de-regulatory policies across the childcare industry to lower costs and expand competition. This free-market approach is the best way to make childcare more affordable.

Growing Government Dependency and Wealth Redistribution through a New Program which Forces Taxpayers to Subsidize Childcare Costs via Employer Partnerships.

This bill, the Property Tax Relief Act, contains a couple key provisions designed to limit increases in property taxes. Most notably, the bill lowers the appraisal cap from 10% to 5% and would expand the cap to also include business property owners, such as restaurants and apartment complexes, rather than just residential. Support is the Limited Government Position as this bill helps protect homeowners and businesses from even greater levels of taxation. While this bill serves as a step in the right direction, lawmakers should advance additional reforms to provide broad-based property tax relief, which will help spur economic growth.

Protecting Homeowners and Businesses from Spiking Property Taxes by Limiting Annual Property Assessment Increases.

This bill allows professional sports team charitable foundations to sell raffle tickets at their home venue or rodeo venue through a website or mobile application, provided the person is physically located at the venue. The bill also requires the use of a third-party vendor to ensure nobody under 18 purchases tickets. Support is the Limited Government Position as this measure strengthens individual liberties and helps expand charitable giving. While the bill should expand the raffle ticket offerings to individuals beyond just the physical location, the bill still serves as a strong step in the right direction.

Strengthening Individual Liberties and Charitable Giving by Authorizing Professional Sports Team Charitable Foundations to Offer Raffle Tickets Online.

This bill establishes the Texas Technology and Innovation Program to provide matching or supplemental funds to businesses that already receive federal funds through the federal small business innovation research and small business technology transfer programs. Oppose is the Limited Government Position as the free market - not central planning by government bureaucrats - is best equipped to drive economic growth. 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 by Forcing Taxpayers to Provide Additional Subsidies to Companies Already Receiving Federal Grants through the Texas Technology and Innovation Trust Fund.

This bill establishes a new health insurance mandate which requires most healthcare policies offered in the state, including Medicaid (government-provided healthcare), that cover prescription contraceptive drugs to cover a 3-month initial supply and subsequent 12-month supplies of the drugs. 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.

Hiking Health Insurance Premiums by Mandating Insurance Companies Cover a 12-Month Supply of Contraceptive Drugs.

This bill creates a statewide framework for natural gas utility companies to offer energy conservation programs. These programs typically involve subsidies for purchasing higher energy efficiency appliances or for retrofitting a home or business to increase energy efficiency. The programs are paid for by raising natural gas utility rates on all customers through "rate recovery" which also provides utility companies a larger guaranteed profit. Additionally, the bill allows utility companies (which heavily lobbied for the bill) to receive additional profit for designing, marketing, administering, and delivering an energy conservation program. Oppose is the Limited Government Position as this and many other energy efficiency schemes are largely designed to enrich select product manufacturers, service providers and utility companies at the expense of all other Texans. Such cronyism is especially harmful to low-income and elderly individuals on fixed incomes who can't afford rising utility costs.

Hiking Natural Gas Utility Costs for Texans to Enrich Utility Companies and Create New Energy Conservation Programs.

This bill changes the way the "no-new-revenue tax rate" is calculated by referencing the Texas Education Code. This new calculation will result in a higher rate (ultimately higher taxes) by including other funding within the formula. Oppose is the Limited Government Position as this bill places even greater tax burdens on property owners and further grows government. Instead of gaming property tax calculations, lawmakers should work to make housing more affordable by lowering property taxes and cutting the out-of-control spending at all levels of government.

Hiking Property Taxes by Gaming the Calculation of the "No-New Revenue" Property Tax Rate.

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 expands the list of medical conditions for which a physician may prescribe low-THC cannabis (medical marijuana). Under the bill, physicians who would otherwise prescribe a patient an opioid could now prescribe cannabis. The bill also increases the maximum dosage that may be prescribed by replacing the 1% THC cap with a 10-milligram cap. Texas' medical marijuana program is currently among the strictest in the nation. Support is the Limited Government Position as this bill strengthens medical freedom by ensuring physicians - not politicians - are able to determine and provide the most effective treatment for their patients. The bill also helps combat the addiction crisis currently plaguing our nation.

Strengthening Medical Freedom and Reducing Addiction by Permitting Physicians to Prescribe Low-THC Cannabis in Cases where Opioids would Otherwise be Prescribed.

The Zwiener amendment #14 to a bill prohibiting Diversity, Equity, and Inclusion offices at public colleges and universities. The amendment adds language requiring each public college and university to be committed to an environment of "racial, ethnic, and religious diversity that reflects the racial, ethnic, and religious diversity of the state of Texas." Oppose is the Limited Government Position as it is a role for taxpayers to fund K-12 education - not advanced degrees for select individuals who decide to pursue higher education. However, if taxpayer funds are provided to state institutions of higher education, their usage should be based on merit, not racial or religious discrimination.

Advancing Affirmative Action by Mandating College Campuses Represent the Racial, Ethnic, and Religious Diversity of Texas.

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 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 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, the Fiscal Years 2024-2025 Operating Budget, represents a 21.3% increase over the prior budget, and the largest in state history. Some of the major new and increased spending initiatives within the bill include $1 billion for land acquisition for parks (3603.7% increase over the $27 million appropriated in the previous budget), an additional $100 million for the Texas Water Development Board Economically Distressed Areas Program, and $45.9 billion for business and economic development (25.8% increase). Oppose is the Limited Government Position as the budget is chock-full of countless wasteful and unnecessary spending initiatives which directly violate limited government principles and far exceed the basic and necessary functions of government. The state must pursue every available avenue to reign in its out-of-control spending, as, when coupled with the over $185 trillion federal liabilities, represents the greatest existential threat facing this country. Democratic lawmakers who opposed the bill for not containing even greater levels of spending were recording as opposing the limited government position.

Fueling Out-of-Control Spending Through a $321.3 Billion Budget (21.3% Increase) with Countless Provisions that Further Grow the Size and Scope of Government.

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 contains a major provision which requires taxpayers to fund "expanded access to broadband services in economically distressed communities". The new spending will unlock additional funds under the federal "Broadband Equity, Access, and Deployment Program" and is expected to provide significant new revenue to Comcast which lobbied for the bill. Oppose is the Limited Government Position as the private sector and free market are best equipped to determine where broadband is most needed and which expansion projects are most economically viable. This measure forces taxpayers to enrich woke corporations such as Comcast for infrastructure which may soon be unnecessary due to significant advances in satellite technology from Comcast's competitors such as Elon Musk's Starlink.

Enriching Comcast and other Woke Corporations by Forcing Taxpayers to Provide "Broadband Equity" through a Government Central Planning Scheme.

This bill prohibits home-rule municipalities from submitting any climate change charter to voters for approval unless the charter has been approved by the state legislature. This includes any rule or policy statement related to climate change or environmental impact. Support is the Limited Government Position as a number of state and local governments across the country have imposed "clean energy" mandates on utility companies which unnecessarily drive-up consumer costs in order to advance a politized environmental agenda. 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 Texans from Politicized Climate Change Agendas by Requiring Municipal Charters on Climate Change be Adopted by the Legislature.

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.

ILA

James Talarico