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.

I can’t drive 55

Everyone knows that everything is bigger in Texas, and now we get to say it’s faster in Texas too because we have the only 85 mile per hour section of highway in the country (running along the Highway 130 corridor from Austin to San Antonio). In 1974, the federal government put national limits on speed (setting the maximum speed limit at 55 mph) in response to the Arab oil embargo.  Higher speeds mean greater gas usage, and the federal government used its preemption powers (the ability of the federal government to regulate activities which might otherwise be controlled by the state) to lower the speed limits.  Finally in 1995, the federal government began relaxing those limits and allowing the states to de-regulate speeding (de-regulation is when the government loosens its authority over some private activity).  In the last 15 years in Texas, speed limits have steadily increased, and so have speed-related deaths (increasing seven percent since 2000).  Today, while every other crash fatality category has dropped (including alcohol and seat belt-related fatalities), speed related deaths are one-third of all highway deaths. Undoubtedly, the public’s view is complicated—a 2012 survey shows that 60% of drivers think speeding is dangerous and 90% think aggressive driving is a serious problem—yet about 51% of us admit to speeding.   Guess we are voting on speed limits with our feet and not our heads.

And speaking of voting and driving, there are concerns about the process of registering to vote through the Texas Department of Public Safety (DPS).  The National Voter Registration Act of 1993 (also known as the “Motor Voter” law) is an attempt to increase voter turnout. Under the law, the federal government mandated that key state agencies—e.g. where drivers’ licenses are issued—provide voter registration materials.  The Secretary of State last week issued warnings to voter registrars in Texas counties to prepare for voters who come in thinking they are registered, only to find out that their registration had not been properly processed.  After the 2008 election, the Secretary of State had made improvements to registering, but confusion regarding license renewal on the DPS website still exists because persons renewing their license didn’t realize that they had to click on through to the secretary of state website to update voter registration.

Even if you can’t click and vote, you can still text and drive in Texas—which is one of only 11 states that does not have a state law about texting. Texas operates under home rule meaning that local cities or counties have the ability to set up their own set of rules and forms of self-government without state interference.  Increasingly municipalities are relying on their home rule authority to limit texting and even the usage of all mobile devices while driving, especially after one study found traffic fatalities linked to cellphone usage increased 50 percent from 2006-2010.