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Elizabeth Jones

State Rep Nominated for Seat on RRC

Gov. Rick Perry has nominated State Rep. Elizabeth Ames Jones to the Texas Railroad Commission (RRC) on Tuesday to replace Charles Matthews, who is leaving to become chancellor of the nine-campus Texas State University System. Earlier this month, the System's Board of Regents named Matthews the sole finalist for chancellor.

Because of the nomination, Jones, who has represented northeastern Bexar County since 2000, declined to take her seat in the House on Tuesday. Perry has called a special election to be held February 5 to fill the vacancy in Texas House District 121. Jones has served on the budget-writing Appropriations Committee, the Local and Consent Calendars Committee and the Energy Resources Committee, for which she has been chairwoman of budget and oversight. She is one of Texas' three appointees to the Southern States Energy Board, whose mission is to enhance economic development and to improve living conditions through innovations in energy and environmental programs and technologies. Her nomination is subject to Senate confirmation.


Governor Wants to Create Network of Inspectors General at Six State Agencies

Gov. Rick Perry announced a proposal Wednesday to create a network of inspectors general at Texas' largest state agencies to fight waste, fraud and abuse. Perry said the success of independent inspectors general in uncovering large-scale problems at agencies such as the Health and Human Services Commission and the Department of Criminal Justice led him to propose the network. Under the proposed plan, inspectors general would be created at the Insurance Commission, Workforce Commission, Department of Transportation, Texas Education Agency and Workers' Compensation Commission, and the current investigative unit at the Department of Criminal Justice would be codified in state law. The inspectors general at those agencies would report to the agencies' governing boards, not the directors, giving the inspectors general independence to fully investigate allegations of wrongdoing without pressure to cover up embarrassing details of mismanagement.


Senate Unveils New School Finance Plan

The Senate yesterday unveiled what Lieutenant Governor David Dewhurst called a "bold new" school finance reform bill that would reduce property taxes while increasing funding to the state's public education system. All 31 senators are in support of the bill. The proposed plan will add an estimated $6.7 billion to the state's education system. This new money will be used to increase teachers' salaries to the national average, fund textbooks and new technologies, and to raise academic standards in schools. Additionally, the proposed legislation would increase funding to the state's pre-kindergarten program, fund a new teacher mentoring system, and create a dual-immersion language pilot program.


UT System May Not Bid on Los Alamos Contract

University of Texas System chancellor Mark Yudof has said he will recommend against the university making a bid to run Los Alamos National Laboratory, a U.S. government nuclear weapons lab in New Mexico. The University of California has run the lab since its creation as a top-secret World War II project to develop the atomic bomb. The Department of Energy opened the job up to other bidders in response to recent security and fiscal problems at the nuclear lab. Yudof said he will make his recommendation to the board of regents, which has the final say on the matter, at its February board meeting. James Huffines, the board's chairman, said he supports the chancellor on the issue. Texas A&M University System also considered going after the contract, but officials decided in December not to bid.


Senate Leaders Introduce Workers' Comp Bill

State Senate leaders introduced a bill yesterday that proposes fixing the state's workers' comp system by encouraging managed-care-style networks, increasing benefits and giving regulators more power over insurance premiums. The Senate bill is the first of at least two reform measures that are expected to be debated during this year's legislative session. Rep. Helen Giddings, who is leading reform efforts in the House, said she would file a bill in that chamber in early February.


Lens on the Legislature: Start Your Engines

The first Congress of the Republic of Texas met in October 1836 in what today is West Columbia. After Texas achieved statehood in 1845, the 20 senators and 66 representatives of the Texas Legislature convened their first regular session on February 16, 1846 in Austin, three blocks south of the current Capitol. The Legislative Research Library maintains a list of the 78 regular sessions that have now occurred, along with additional information about some of the sessions.

The 79th Legislature was convened on Tuesday and is the focus of this week's column. Today's legislature is comprised of 31 senators and 150 representatives, although one representative was not sworn in because she is being appointed to an Executive Branch position (see article elsewhere in this issue).

Of the 31 senators, 27 are male and 4 are female. 19 senators are Republicans; 12 are Democrats. All were incumbents.

Of the 149 representatives who were sworn in, 118 are male and 31 are female. 86 representatives are Republicans; 63 are Democrats. 132 were incumbents; 17 are serving their first term.

23 legislators are younger than 40; 50 are in their forties; 56 are in their fifties; 43 in their sixties; and 8 are elder statesmen.

Article III, Section 5 of the Texas Constitution states that The Legislature shall meet every two years at such time as may be provided by law and at other times when convened by the Governor. Chapter 301 of the Government Code establishes the convening time for the biennial regular sessions as 12 noon on the second Tuesday in January of odd number years. Article III. Section 24(b) of the Texas Constitution limits regular sessions to 140 days, which means the last day of the 79th session will be on May 30, 2005.

The opening sessions in each house lasted a little over two hours and were mostly ceremonial.

The Lieutenant Governor, who is elected by the voters in a statewide election, also serves as the President of the Senate. Senators, however, also elect a President pro tempore who fills an important constitutional role. For instance, next week when both Governor Perry and Lieutenant Governor Dewhurst will be out-of-state attending the inauguration, the President pro tempore of the Senate will serve as Acting Governor. Senator Florence Shapiro of Plano was elected to that position. Six other women have served as President pro tempore, including the late Barbara Jordon and two currently sitting senators (Senator Zaffirini and Senator Nelson). Senator Shapiro has been serving as Chair of the Senate Education Committee and will undoubtedly be a key player in the school finance discussions that will be a major topic for the 79th Legislature.

Unlike the Senate, where the presiding officer is a statewide elected official, the House of Representatives elects its own presiding officer. As provided for in the Government Code, Secretary of State Geoffrey Connor presided over the election of the Speaker. After his election, Speaker Tom Craddick took the chair.

The House of Representatives exercised a new constitutional provision at the opening session. Recognizing that legislators who serve in the military reserves or the National Guard may be on active duty during legislative sessions, the 78th Legislature (2003) passed House Joint Resolution 84 that proposed a constitutional amendment allowing such a legislator to appoint a substitute. The voters approved that amendment in November 2003. Rep. Rick Noriega of Houston is serving in the Army National Guard in Afghanistan. Rep. John Davis read Major Noriega's email designating his wife Melissa and then moved acceptance of a House Resolution authorizing Melissa Noriega to hold the full rights and privileges of the office during Rick's absence. It was unanimously approved.

700 bills have been filed through last evening and the pace will pick up rapidly. Over 9,000 were filed during the 78th Regular Session. A future Lens on the Legislature will discuss the process for introducing and acting on bills.


Legislators Have More Money This Time Around

Comptroller Carole Keeton Strayhorn released the biennial revenue estimate this week. According to the Comptroller, the 79th Legislature will have an extra $400 million to spend after meeting current spending levels of state government over the next two years. The 79th Legislature will have $6.4 billion more in general revenue than was appropriated by the 78th Legislature. However, according to Strayhorn, of the $6.4 billion, $6 billion will be needed to meet the anticipated growth in Medicaid caseloads, the increased cost of Medicaid services, changes in federal financial participation in Medicaid, paying for a full 24 months of Foundation School Program spending and enrollment growth, paying for the state retirement contribution for new school employees, and covering a possible supplemental appropriation for shortfalls in Medicaid, CHIP and public education. Strayhorn reported to the 79th Legislature that the state will have $64.7 billion in general revenue available for her certification of the budget for the 2006-2007 biennium. Revenue available from all funds of state government, including federal funds, will total $130.5 billion.


Michael Chertoff

President Taps Ex-Prosecutor to Lead DHS

President George W. Bush has announced his intention to nominate Michael Chertoff to be Secretary of the Department of Homeland Security (DHS). Chertoff currently serves as a United States Circuit Judge for the Third Circuit Court of Appeals. He previously served as Assistant Attorney General for the Criminal Division at the Department of Justice. As Assistant Attorney General, Chertoff helped trace the terrorist attacks to the al-Qaida network after September 11 and increased information sharing within the FBI. Chertoff received his bachelor's degree from Harvard University and his J.D. from Harvard Law School.

Bush turned to Chertoff after his first choice, ex-New York Police Commissioner Bernard Kerik, withdrew his name, citing immigration problems with a family housekeeper. Chertoff would replace Tom Ridge, the department's first chief, who announced last year that he will resign effective no later than February 1.


Jose Montemayor

TDI Commissioner Expected to Step Down

Jose Montemayor, Commissioner of the Texas Department of Insurance (TDI), announced this week that he will not seek reappointment when his term expires Feb. 1. He has served as Commissioner for six years. During the last three, he has battled to keep homeowner insurance companies from leaving the state while implementing the Legislature's mandate that insurers greatly reduce homeowners' premiums. He has said he will leave office once Perry appoints his replacement.

The next commissioner will still have to deal with disputes over the 2003 legislation that changed the way homeowners' insurance rates are regulated and could have to oversee the transfer of many duties from the Texas Workers' Compensation Commission to TDI.


DSHS Names New Director

Art Bardwell has been named Director for the Community Preparedness Section of the Texas Department of State Health Services (DSHS). Bardwell previously served as the Director of Management Services at the Health and Human Services Commission where he played a key role in the reorganization and transition. He has also served as director of Management Information Systems Resources at the former Texas Department of Human Services. He holds a Bachelor's degree in accounting and a Master's in Business Administration.

DSHS' Community Preparedness Section administers infectious disease programs related to disease surveillance and epidemiology, education and resources, and intervention and control. The section also coordinates comprehensive public and mental health activities related to preparedness and recovery, including management of Strategic National Stockpile and Health Alert Network and provides technical assistance to build community preparedness.


TxDOT Seeks Legislative Changes

Traditionally, state agencies are prohibited from lobbying the Legislature for specific agendas, often serving as resources but not as as proponents of change. With Senate Bill 409, the 78th Legislature allowed the Texas Department of Transportation to serve as a proponent of change with the opportunity to offer the Legislature recommendations to improve the operations of the department. The Texas Department of Transportation developed its proposals with successive discussion items during commission meetings from August through December 2004. The discussions resulted in a final report, Mobility Challenges and Solutions, 79th Texas Legislative Session, which makes recommendations to enhance the operations and functions of the department.

The primary set of recommendations address issues from House Bill 3588 (78th Legislature, Regular Session) and House Bill 2 (78th Legislature, 3rd Called Special Session) that need revision or clarification. HB 3588 was a historic and substantial transportation bill that dramatically changed the transportation funding model for Texas, as well as offered significant policy initiatives to improve the state's transportation systems. Additional recommendations address public transportation, land management policy, and operational issues specific to TxDOT.

Some of the areas that the Transportation Commission seeks legislative changes in are:

Financial (HB 3588)

  • Repeal the cap on toll equity grants currently set at $800 million by Section 222.103 of the Transportation Code.
  • Direct toll revenue to the state highway fund (Fund 6) and allow the department to spend toll revenue on transportation projects in the region from which it came.
  • Expande the uses of surplus revenue and authorizing the department to spend surplus toll revenue on non-toll highway transportation projects.
  • Authorize pass-through toll agreements allowing TxDOT to construct a state highway project and be reimbursed by a public or private entity under a toll agreement.

Rail (HB 3588)

  • Repeal the cap on rail facilities that are not abandoned rail facilities or facilities that are not a part of the Trans Texas Corridor, which is currently set at $12.5 million.
  • Clarify the department's contracting authority to allow for a Comprehensive Development Agreement type process for rail projects based on best value, rather than low bid.

Comprehensive Development Agreements (HB 3588)

  • Allow the department to enter into Comprehensive Development Agreements for projects in addition to turnpike and Trans Texas Corridor projects, such as rail.
  • Require a thorough financial plan in the detailed proposal for a project developed under a Comprehensive Development Agreement. Repeal the provision requiring a request for qualifications response to include a proposed financial plan, making it optional during this phase of the process.
  • Repeal the 2011 expiration date of TxDOT's authority to enter into a Comprehensive Development Agreement.

Regional Mobility Authorities

  • Provide regional mobility authorities with general powers over public transportation in their regions, allowing the integration of all of a region's mobility improvement strategies, including transit, under the oversight of one authority. An RMA may enter into a voluntary agreement with an existing mass transit entity in a region to transfer its operations to the RMA.
  • Allow Regional Tollway Authorities (North Texas Transit Authority) to convert to RMAs and allow county tolling authorities (Harris County Toll Road Authority) to transfer their facilities and projects to an RMA on a voluntary basis.

Right of Way Acquisition/Local Transportation Planning/Environmental Mitigation

  • Allow for the advanced acquisition of real property that is identified for possible use in or in connection with a transportation facility, before a final decision has been made on the precise alignment of the complete facility and prior to the completion of the environmental and public involvement processes.
  • Counties or metropolitan planning organizations identify future transportation corridors in major thoroughfare plans of their region. Require counties to file with TxDOT copies of plans for land located within the future transportation corridor and require the dedication of land for use as a state highway.
  • Authorize TxDOT to acquire real property necessary to mitigate adverse environmental effects of the Trans-Texas Corridor, even if the property is not located in or contiguous to a segment of the Trans-Texas Corridor.

SPI Names New Director of Consulting Libby Martinez

Libby Martinez has been named SPI's Director of Consulting. She was promoted from the position of Deputy Director of Consulting. Libby replaces Tommy Huntress, who has been promoted to Senior Vice President for SPI.

In her new role, Libby is responsible for the management of SPI's diverse array of procurement and governmental relations clients.Before joining the SPI team, Libby served as Chief of Staff for Senator Eliot Shapleigh. Libby holds a J.D. from Stanford Law School and a B.A. in Government with Honors from the University of Texas at Austin. To read Libby's full bio, click here.

Governor, Chief Justice Given Opportunity to Address Lawmakers

Gov. Rick Perry will have the chance to address lawmakers at noon on Wednesday, January 26 in the Hall of Representatives. Wallace B. Jefferson, Chief Justice of the Supreme Court of Texas, will get his chance to address House and Senate members on Wednesday, February 16 at noon. Both invitations were extended by House Concurrent Resolutions. To read Perry's invitation, click here. To read Jefferson's, click here.

More Legislative Votes to go on Record

The Texas House and Senate adopted rules Thursday opening up more of their votes on legislation to the public. Both chambers will publish votes on final passage of all bills in the House and Senate journals, as well as on the Legislature's Web site. Although the House or Senate still could pass bills without a formal roll-call vote, all members will be listed as voting "yes" unless they ask the clerk to record them as voting "no." Texas is one of only ten states that do not require a roll-call vote on final passage of every bill. The new measures will only apply until the 80th Legislature is seated in 2007.


AG Sues UT Student For Violation of E-mail Spam Laws

Attorney General Greg Abbott has filed the state's first lawsuit against one of the world's largest spam operations in an effort to crack down on the massive flow of illegal e-mail into Texas consumers' in-boxes. Ryan Samuel Pitylak, a University of Texas at Austin student, is named as a defendant in the Attorney General's federal complaint.

The complaint was filed under the federal Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (CAN-SPAM), which carries penalties of $250 per violation, up to $2 million. Attorney General Abbott is also alleging violations of the Texas Electronic Mail and Solicitation Act - which allows for penalties of up to $10 per unlawful e-mail or $25,000 per day - and the Texas Deceptive Trade Practices Act, which authorizes penalties of up to $20,000 per violation.


New Rules Proposed For State's Charter Schools

Charter schools that post poor test scores for two straight years could be shut down under new rules put forth by state education officials this week. The new rules also give Commissioner Shirley Neeley more specific power to close charter schools that waste taxpayer money or endanger the health and safety of their students. The rules are expected to go into effect in March and could have an immediate impact on dozens of charter schools.


$132,849 in Law Enforcement Grants Awarded to Texas Communities

Gov. Rick Perry has announced the award of $132,849 in grants to local law enforcement programs. These grants are awarded under the federal Local Law Enforcement Block Grant Program (LLEBG) and are distributed by the Governor's Criminal Justice Division (CJD). Through these grants, local law enforcement agencies are able to purchase necessary equipment and technology as well as provide increased support for drug court programs.

The grants include:

  • $38,650 to the City of Weatherford to purchase surveillance equipment that will aid law enforcement officers in properly documenting investigations; and
  • $56,699 to Hill County to develop and implement a juvenile drug court program for youth offenders.


Event Links

Texas Career Education Conference - 1/19/05 - 1/21/05

Texas Municipal Utilities Association Annual Conference - 02/02/05 - 02/04/04

Texas Computer Education Association 25th Annual Convention & Exposition - 02/07/05 - 02/11/05

40th Annual Association of Mayors, Councilmembers and Commissioners Institute - 02/12/05 - 02/13/05

Texas Municipal League Legislative Briefing - 02/14/05

25th Annual Association of Texas Professional Educators State Conference - 3/31/05 - 4/2/05

Texas Library Association Annual Conference - 4/5/05 - 4/8/05

Texas Public Health Association's 80th Annual Education Conference - 04/24/05 - 04/26/05

SPI’s GOVERNMENTAL AFFAIRS TEAM IS DIVERSIFIED AND EXPERIENCED

SPI’s Governmental Affairs experts provide a broad range of services, including:

Legislative Representation - development of legislative and political strategies, advocacy for legislative initiatives, drafting bills and amendments, tracking bills and issues through legislative channels, monitoring hearings, and providing training on presenting public testimony

Agency Representation - assisting regulated firms to resolve issues with agencies and to navigate government bureaucracy, participate in rulemaking and improve communications

Communications Coordination - providing public relations, media strategy, press placement, and media training

Please contact SPI's Crystal Kuhs at ckuhs@spartnerships.com for more details.

Past ABJ articles by Mary Scott Nabers

Texas' open records laws can offer wealth of information for contractors - 12/17/2004

Smaller agencies are hidden sources of contract dollars - 12/3/2004

Texas Government Insider Archives

Last Issue - 1/7/05

Volume 1 and Volume 2 Archives - 11/7/03 - 12/30/04


Resources

DIR's Security Alert Page

Legislative Lexicon

Legislative Information

Diagram of Legislative Process

HUB Forms Library

State Contract Management Guide

State Procurement Manual

TBPC Facilities Master Plan

Who Represents Me? Texas Districts By Address

Diagram of Texas' Biennial Budget Cycle

Texas Fact Book 2004


Public Hearings/Meetings

Texas Building and Procurement Commission--10:00am, January 19, Central Services Building, 1711 San Jacinto Blvd., Conference Room 402, Austin

Texas Building and Procurement Commission's Subcommittee on Facilities--1:30pm, January 19, Central Services Building, 1711 San Jacinto Blvd., Conference Room 402, Austin

Texas Building and Procurement Commission's Subcommittee on Procurement--8:00am, January 20, Central Services Building, 1711 San Jacinto Blvd., Conference Room 402, Austin

Central Texas Regional Mobility Authority Board Meeting--9:00am, January 26, Travis County Commissioners Courtroom, First Floor, Travis County Administration Building, 314 W. 11th St., Austin

Signing Up for the Texas Government Insider™

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Texas Career Education Conference

The Texas Career Education Conference will be held January 19 - 21 at the Renaissance Hotel in Austin. The Texas Education Agency plans to share with conference attendees detailed updates regarding program areas and funding. For more information or to register, click here.

Women's Legislative Days

On February 7 and 8, Women's Legislative Days, a seminar designed to educate and encourage women to become informed and actively involved in the legislative process, will take place at the UT Thompson Conference Center located at Dean Keeton (26th Street) and Red River. For more information, click here.

40th Annual Association of Mayors, Councilmembers and Commissioners Institute

The 40th Annual Association of Mayors, Councilmembers and Commissioners Institute (AMCC) will take place February 12 and 13 at the Renaissance Hotel in Austin. The conference will include sessions such as: The Keys to a Successful Bond Election, Making Cents of the Budget and Budget Process and Building the Public's Trust: Responding to Ethical Challenges. For more information or to register, visit www.tml.org.

NEA's 23rd Annual Higher Education Conference

The National Education Association's 23rd Annual Higher Education Conference will be held March 4 - 6 in San Antonio. Participants will be able to explore the topic of diversity in academia from a variety of perspectives: diversity of the current student body and projections for the "echo-boomers," diversity in the workforce, diversity in what the work is, who provides it and how; and the impact of recent federal and state policy changes on the ability of higher education institutions to educate a diverse student body and employ a diverse workforce. For more information, click here.

Outstanding Women in Texas Government Awards

The State Agency Council is hosting the Outstanding Women in Texas Government Awards luncheon ceremony on March 18 from 11:00am to 1:00pm at the Doubletree Hotel located at 6505 Interstate 35 North. The guest speaker is Texas Supreme Court Justice Harriet O'Neill. The Outstanding Women in Texas Government Awards recognize women who have helped shape Texas by contributing their talents and skills to state service. Complimentary parking is provided at the hotel. The cost to attend the luncheon is $25 per person. For more information, contact Lesley Guthrie at 512-475-2615 or lguthrie@governor.state.tx.us.