Soldiering on into the sunset

The march through agenda clearing (the process of completing the legislature’s policy goals for the two year biennial cycle) continues.  There’s much that still needs to be done by May 27, or else Governor Rick Perry would have to call a special session (meetings to address additional business) for 30 days. The biggest sticking points are budgets for water projects and education.  Governor Perry’s top priority is for a water plan that would use monies from the Rainy Day Fund (Texas’ budget surplus), but that proposal (backed by a Republican majority) takes $2 billion from the surplus and requires a constitutional amendment to establish a dedicated account (both require a two-thirds supermajority vote).

Democrats hope to rally the troops by threatening to withhold needed votes to force a compromise on education funding they want restored after the last biennium when $5.3 billion in school financing was cut.

What’s the legislature to do?

Even if $330 million in funding for the public teachers’ pension funds are reinstated (something that Democrats are demanding for a compromise to be reached), that still leaves a budget shortfall of $1.3 billion. Complicating matters is that Governor Perry wants monies for transportation which also have to come from the surplus.  That forces some tough choices on decision-makers.

Speaking of tough decisions, legislation which limits the decision-making authority of the Higher Education Coordinating Board (the policy unit regulating policies and procedures to operate public higher education institutions) was dealt a blow with Senate Bill 215 that limits the agency’s life expectancy to 12 years.  Such sunset legislation (requiring termination of an agency or program by a specified date) means that the Board will have to get future justification for survival.

Legislators think the Board takes an “isolated approach to decision making” (in the words of Sen. Brian Birdwell, R-Granbury) and point to the Board’s decision to close low-performing degree programs (those failing to graduate at least 25 students in five years). The Board is accused of being heavy-handed in closing programs (especially in rural areas which graduate fewer students), and legislators want more transparency and local control in the process.   Texas Higher Education Commissioner Raymund Paredes, who oversees the Board, thinks that Texas needs the Board now more than ever to oversee initiatives for nontraditional students and online courses or else there will be an uphill battle to improve quality.

And higher education has more battles ahead.  The showdown over guns on college campuses comes to a floor vote soon since the Senate Criminal Justice Committee voted 4-2 to allow each campus to hold annual hearings to vote on whether guns are allowed.  Some are concerned that there are no penalties for “accidentally” bringing an unregistered gun on campus, while others raise the issue that disgruntled students will use weapons if they are unhappy about grades.  Sen. John Whitmire (D-Houston), sponsor of the legislation that just passed, has proposed a solution, “grade on the gun curve.”

Soldier on faculty, soldier on.

Water, guns, and lotto

What do all of these things have in common? Texans just can’t seem to get enough of them.

This week the U.S. Supreme Court heard oral arguments (a debate before appellate courts where both sides address legal and factual issues in the case) about a water rights compact (a voluntary arrangement between two or more states to solve common problems) between four states (Texas, Oklahoma, Arkansas, and Louisiana).  All states have water districts–local or regional government regulatory bodies–responsible for the provision of resources.  Here the instant row involves the Tarrant Regional Water District and the Oklahoma Water Resources Board which refused Texas access claiming that Oklahoma law restricts allocations of water, and it has enacted protectionist legislation (laws that serve the state’s interest, not necessarily the general welfare of other surrounding states).  Texas, thirsty for more water because of economic growth in the Dallas-Ft. Worth area claims we are entitled to 25% of the water and that Oklahoma cannot sell water that is part of the compact.  The Court decides in June, but there seemed to be some skepticism by the Justices about the ability of Oklahoma to charge for water.

And speaking of wanting more, after Sandy Hook in Connecticut, five states have passed restrictive legislation to limit gun access, but ten states have deregulated (weakened) restrictions on guns.  Texas wants to allow handguns on college campuses.  The last two legislative sessions, there have been “campus carry” provisions (allowing students, faculty, and staff over 21 to carry weapons on campus), but so far the efforts have been unsuccessful.  Arkansas recently passed a law allowing firearms in churches and on college campuses, and South Dakota law now allows school boards to arm teachers and volunteers. Whether the measure makes it is uncertain, and it may be destined for “dying in committee”.  So if it “dies” and never makes it out of committee, is there anything the Senate Criminal Justice Committee can do?  Not if the committee does not hold hearings, and so the bill may be unlucky this go round.

Are you feeling lucky punk? Surely the Texas Lotto Commission must feel that way today. After the first House vote on Tuesday, it seemed the agency, its profits, and bingo would all be abolished.   A second vote today, however, extended the organization’s life and $1.1 billion in monies for public education.   Most legislators opposed to gambling argued the lottery was a predatory or regressive tax–a tax on low-income persons–who disproportionately play the lottery.  At day’s end, the Commission was saved largely because of the revenues it brings in for public education and the Texas Veterans Commission.

So given that the U.S. Supreme Court seemed to question whether Oklahoma could charge Texas for water, that the “campus carry” provision seems dead for now, and that the lottery is still alive and well, Texans still get most of what they want.

Two out of three ain’t bad.