Josey Garcia

This bill allows individuals who are not alcohol permit or license holders to sell wine to restaurants, provided the wine is at least 20 years old and still sealed. The restaurant may then sell the wine for on-premises consumption. Support is the Limited Government Position as this bill expands consumer choice and individual liberties while also removing an unnecessary restriction on alcohol sales.

Expanding Individual Liberties by Allowing Individuals to Sell Sealed 20+ Year Old Wine to Restaurants.

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.

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 provides $100 million in funding to establish a new state border policing unit made up of commissioned peace officers. Funding is also directed to a number of initiatives designed to boost border security such as detention facility upgrades, temporary border barriers and compensation to certain property owners impacted. 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.

Strengthening National Security and Helping to Combat Illegal Immigration and Human Trafficking Through Additional Border Security Funding and Property Owner Compensation.

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 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 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 the "Prekindergarten Community-Based Child-Care Partnership Grant Program" to provide grants to school districts for pre-K and childcare services delivered through community providers. 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 the Creation of a New "Free" Pre-K and Childcare Program Delivered through Community Providers.

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 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 creates the Texas Energy Efficiency Council within the Public Utilities Commission to, among other purposes, "provide a statewide collaborative approach to promoting energy efficiency" and "make recommendations for improving energy efficiency programs." Oppose is the Limited Government Position as this further expands the size and scope of government in order to promote a politized environmental agenda. The bill also has the potential to advance future mandates on property owners, like those passed under SB 2453 this session.

Expanding Government and Paving the Way for Additional Energy Efficiency Mandates through the Creation of a Texas Energy Efficiency Council.

This bill, the Texas Regulatory Consistency Act, prohibits local governments across the state from imposing additional regulations in various fields already regulated at the state level, such as agriculture, labor, and property. The bill also prohibits local governments from enacting any ordinance or rule that conflicts with state law. Support is the Limited Government Position as this bill strengthens both property rights and individual liberties. 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 Prohibiting Local Governments from Imposing Additional Regulations on Certain Sectors.

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 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 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.

This bill, the Alan Vera Memorial Act, contains several provisions related to election integrity. The bill expands the required cooperation of the Secretary of State with other states to identify ineligible voters. Additionally, the bill requires the Secretary to contract with a private sector data system to identify voters whose addresses have changed, are registered to vote in more than one state, are deceased, or who are not eligible to vote due to a felony conviction. Finally, the Secretary is required to use the National Change of Address database to identify voters whose addresses have changed to prevent multiple registrations. 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 an Additional Voter Crosscheck.

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 provides that businesses with revenue up to $2.47 million are not required to pay any franchise tax (previously $1 million). Additionally, those businesses are no longer required to file a tax information report. Support is the Limited Government Position as this bill provides broad tax and regulatory relief for small and medium size businesses by increasing the franchise tax exemption and eliminating the burdensome reporting requirement.

Expanding Economic Growth by Increasing the Franchisee Tax Exemption from $1 Million to $2.47 Million.

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 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 provides that a person who sells or leases a vehicle weighing at least 6,000 lbs. is not liable for not retrofitting the vehicle with equipment, or selecting certain equipment, that was not required under federal regulations when the vehicle was manufactured or sold. Support is the Limited Government Position as this measure helps protect against frivolous litigation devised by ambulance chasing plaintiffs' attorneys which ultimately drives up costs for businesses and consumers.

Protecting Truck Rental Companies from Frivolous Litigation for Not Retrofitting Trucks with Safety Equipment Upon their Sale.

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, 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.

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.

This bill provides an increase in the vehicle asset allowance under the supplemental nutrition assistance program (SNAP). As a result, an individual may now own a vehicle valued at up to $22,500 (previously $15,000) and still be eligible for the welfare program. Oppose is the Limited Government Position as this measure further grows government dependency, which oftentimes leads to intergenerational poverty. Instead of increasing welfare eligibility, lawmakers should work to reduce government barriers to employment and help empower the private sector to care for individuals who are in need.

Growing Government Dependency by Increasing the Vehicle Asset Allowance Under the SNAP Welfare Program from $15k to $22.5k.

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, 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 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 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, 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 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 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.