Drew Darby

This bill requires localities to review the costs, benefits, and risks of their existing zoning regulations, building codes, development permits, and other land regulations. Localities are required to hold a public hearing and must repeal or amend certain regulations that interfere with new housing construction or existing housing development. Additionally, before adopting or modifying a land development regulation, localities must issue an impact statement analyzing the effects of the regulation. The regulation may only be modified or adopted if, among other requirements, the regulation does not negatively impact housing costs. Support is the Limited Government Position as, like all government central planning attempts, many of the zoning and land use ordinances enacted across the state are overreaching and oftentimes designed to benefit select developers and landowners. 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.

Combatting Government Overreach by Requiring Localities to Review their Zoning Rules to Reduce Regulatory Burdens.

This bill creates the Texas Hydrogen Infrastructure, Vehicle, and Equipment Grant Program within the Texas Emissions Reduction Plan. The bill allocates up to $8 million for the Hydrogen program while also making a few other funding reallocations within the bill. Oppose is the Limited Government Position as while the bill does make some reallocations to offset some of the spending for the new program, the bill still creates yet another avenue for new spending and government interference in the marketplace. The free market - not government central planning - is the best mechanism to advance energy development. The state should instead eliminate the entire grant fund as well as take additional actions 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.

Expanding Cronyism and Government Interference in the Energy Sector through a New Hydrogen Vehicle and Infrastructure Grant Program.

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 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 creates an additional alternative pathway for electricians to obtain an occupational license. Under the bill, an aspiring electrician may complete a career and technology education program as opposed to the 4,000 hours of training otherwise required. These programs can be offered by public or private schools and colleges and universities. 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 Electricians.

This bill requires anyone who provides sewage disposal system pumping services in the state to become licensed and empowers the Texas Commission on Environmental Quality to determine the qualifications. Oppose is the Limited Government Position as the state already has certain licensing and regulatory protections in place surrounding septic tanks and this measure represents an excessive employment barrier. 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 Reducing Competition by Forcing Sewage Disposal Pump Technicians to Obtain a License.

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 creates the "Texas Semiconductor Innovation Consortium," to, among other purposes, "develop a comprehensive strategic plan to ensure ongoing semiconductor innovation" and expand workforce training. The bill also creates the Texas Semiconductor Innovation Fund to provide grants to state government entities and semiconductor manufacturing and design companies in the state "to encourage economic development." Oppose is the Limited Government Position as not only does this measure further grow the size of government and central planning, but also worsens corporate welfare and cronyism by providing competitive advantages to select industries and businesses at the expense of taxpayers. Additionally, this bill is on top of other federal spending programs for the industry, such as the CHIPS and Science Act which provided $52.7 billion for "semiconductor research, development, manufacturing, and workforce development."

Worsening Cronyism and Government Central Planning by Creating the Texas Semiconductor Innovation Consortium to Enrich Certain Companies.

This bill allows most businesses subject to state licensing requirements to sue localities to prevent the enforcement of local regulations that are more stringent than state regulations or that can be shown to "result in an adverse economic impact." Support is the Limited Government Position as this bill helps protect against overreaching local regulations that most often restrict competition and drive-up business costs.

Protecting Against Overreaching Local Regulations by Allowing Businesses to Sue to Block Enforcement.

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 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 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 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.

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 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 prohibits public institutions of higher education (colleges and universities) from funding or operating any Diversity, Equity, and Inclusion (DEI) Office. Furthermore, the bill bans institutions from conducting diversity trainings or asking prospective job applicants to provide diversity statements. Support 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. This bill serves as a step in the right direction to protecting taxpayers and reducing politicalization at state colleges and universities.

Protecting Taxpayer Funds from Being Utilized for Politicized "Diversity, Equity, and Inclusion" (DEI) Offices at Public College Campuses.

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, 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, the Texas Sports and Entertainment Recovery Act, legalizes online sports betting. Under the bill, Texas would join neighboring states Arkansas and Louisiana which have legalized sports gambling. The bill imposes a 15% tax on adjusted gross wagering revenue, with some of the revenue utilized for addiction treatment and all remaining funds dedicated to property tax relief. Support is the Limited Government Position as individuals - not bureaucrats - should have decision rights over how to utilize the fruits of their labor - even when it comes to risky endeavors such as betting. Not only does this measure provide desperately needed property tax relief which will make housing more affordable, but it also helps eliminate the financial fraud and other significant societal harms that the current black market in gambling presents to Texans.

Strengthening Individual Liberties and Lowering Property Taxes by Legalizing Online Sports Betting.

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 provides additional state subsidies ($25 million) to builders and purchasers of housing under the federal Low-Income Housing Tax Credit (LIHTC) program. The LIHTC program subsidizes the acquisition, new construction, and rehabilitation of affordable rental housing for low- and moderate-income tenants. 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 central planning and tax cronyism schemes merely dilute the tax base which results in higher taxes on all other individuals and businesses to make up for the lost revenue. Instead, lawmakers should make housing truly "affordable" by working to eliminate excessive building and zoning mandates as well as work to cut property taxes by reducing spending.

Expanding Cronyism and Diluting the Tax Base Through Additional Subsidies under the Low-Income Housing Tax Credit (LIHTC) Program.

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 initiates a large release of prisoners within the state correctional system by significantly shortening the sentences of prisoners who committed violent crimes when they were under the age of 18. Under the bill, prisoners who committed first degree felonies as a juvenile must now only serve a quarter of their sentence or 15 years (whichever is shorter) and prisoners who committed capital offenses (sentenced to life in prison) must now only serve 20 years before being eligible for parole. Additionally, the bill establishes certain factors parole boards must consider that are expected to result in earlier releases such as "greater capacity of juveniles for change, as compared to that of adults". Oppose is the Limited Government Position as ensuring public safety and protecting property rights serve as essential components of government. Unfortunately, this bill is 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.

Threatening Public Safety through a Mass Jailbreak for Prisoners who Committed Murder and other Violent Crimes as Juveniles.

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 allows counties and municipalities which have established a "reinvestment zone" (i.e. tax increment financing) the ability to also utilize the funds to subsidize "legacy homeowners". As a result, individuals who have owned their property for at least 7 years and experienced a significant increase in their property taxes (due to a rise in their home value) would be eligible to have a portion of their property taxes subsidized. Oppose is the Limited Government Position as government central planning schemes such as tax increment financing should not be deployed in the first place. This measure merely worsens the cronyism by further distorting the tax code and providing advantages to select homeowners. Government should instead ensure property taxation is conducted in a broadly applied manner without carveouts and as low of rates as possible for all property owners.

Worsening Tax Cronyism by Providing Subsidies for Certain "Legacy Homeowners" in Government-Created Reinvestment Zones.

This bill establishes a specialized "Business Court" to hear cases involving certain business transaction and governance matters, with the judges appointed by the Governor. Judges are required to have at least 10 years of experience practicing complex civil business litigation or business transaction law, or as a judge of a court with civil jurisdiction. Support is the Limited Government Position as this bill will help improve the state's legal and business climate by making the legal process more efficient, reducing legal expenses for businesses, and also cut the caseload on other courts.

Improving the State's Business Climate by Creating a Specialized Business Court to Hear Cases and Expedite Legal Proceedings.

This bill extends the Texas Economic Development and Tourism Office for an additional 12 years, until September 2035. This office is focused on "marketing and promoting the state of Texas." Oppose is the Limited Government Position as promoting tourism is not a core nor necessary function of government. The free-market and private industry - not central planning by government bureaucrats - is many times more effective in attracting visitors to the state and growing the economy.

Fueling Tens of Millions in Wasteful Spending by Extending the Unnecessary Texas Economic Development and Tourism Office for Another 12 Years.

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 allows officials within the State Energy Conservation Office (SECO) to impose additional energy efficiency and water conservation regulations on individuals constructing new homes or commercial buildings. Most notably, the bill would permit adoption of the 2021 International Energy Conservation Code (IECC) which contains much more stringent efficiency standards, as well as even further stringent standards in the future without legislative approval. Oppose is the Limited Government Position as this bill empowers unaccountable bureaucrats to impose draconian new regulations which will cause housing and construction costs to further skyrocket. Property owners should have the freedom to decide the level of energy efficiency they wish to construct their homes to meet.

Infringing Property Rights and Consumer Choice by Allowing State Bureaucrats to Impose Additional Energy Efficiency and Water Conservation Mandates on New Buildings.

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.

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 requires cities to provide written notification of any proposed zoning change which could cause a non-conforming use for a property owner or business. If the owner is required to close or cease operations, they would be entitled to compensation, such as the loss in market value of the property. The bill is, in part, in response to a case where a shingle factory operating for 80 years was forced to shut down without any compensation. Support is the Limited Government Position as many of the zoning and land use ordinances enacted across the state are overreaching and oftentimes designed to benefit select property owners or restrict competition. Similar to cases of eminent domain, any business forced to shut down for public good reasons should be provided with just compensation.

Strengthening Property Rights by Protecting Businesses from Local Zoning Changes.

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 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.

The Tinderholt amendment #1 to a bill prohibiting public colleges and universities from establishing a diversity, equity, and inclusion (DEI) office. The amendment eliminates language in the bill which forces public institutions to make efforts to reassign employees whose positions will be eliminated due to the bill's prohibition on DEI offices. The amendment also eliminates the requirement that the Texas Higher Education Coordinating Board conduct an annual study on the impact of the bill on students, broken down by categories such as race, gender identity, and sexual orientation. Support is the Limited Government Position as an endless number of private sector employees have lost their positions or faced similar employment challenges. All government positions should be staffed with the most qualified applicants for the given role, not filled by individuals merely seeking work due to job loss - especially those in formerly radical politicized positions surrounding Diversity, Equity and inclusion.

Fighting Back Against Efforts Designed to Weaken the DEI Bill by Forcing Taxpayers to Fund DEI Studies, Retaining DEI Employees, and Delaying Implementation of the Bill.

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 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.

ILA

Drew Darby