No Texan's Life, Liberty, or Property Are Safe...

...when the Texas legislature is in session.

From the Austin-American Statesman, Lawmakers' plate filling with bills from school finance to marriage

The Texas legislative preseason kicked off Monday with proposals to revamp school finance, send children to private schools with public money and stop lawmakers from leaving the state.

To see the grisly reality of the Texas State Legislature in action, click here for the list of filed Senate bills and here for the list of filed House bills.

Many of the proposals that are seeing playing time now, however, will be distant memories by the time the real season wraps up next year.

And many appear to be red meat that lawmakers from each party are throwing to their political base.

Copyright 2001-2004 Cox Texas Newspapers, L.P. All rights reserved.

Let's take a look at some of them, shall we?

HJR 6 by Representative Warren Chisum

A JOINT RESOLUTION
proposing a constitutional amendment providing that marriage in this state consists only of the union of one man and one woman.

BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1. SECTION 1. Article I, Texas Constitution, is amended by adding Section 32 to read as follows:
   1. Sec. 32. Marriage in this state shall consist only of the union of one man and one woman.
2. SECTION 2. This proposed constitutional amendment shall be submitted to the voters at an election to be held November 8, 2005.

   The ballot shall be printed to permit voting for or against the proposition: "The constitutional amendment providing that marriage in this state consists only of the union of one man and one woman."

Those fags sure do pose a threat to our way of life, don't they? Not one person has been able to provide a good argument convincing me of the need for the government regulation of personal relationships.

HB 12 by Representative Frank Corte

AN ACT
relating to creation of a public education voucher pilot program for certain children.

This jerk wants to force me to pay for some kid's education, as if it's a huge change from the current system. Who cares if it's a private school or not? Who cares if one tax is abolished or reduced when another is raised?

HB 12 by Representative Dan Branch

AN ACT
relating to the legislature's obligation to provide state funding
for the public education system.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1. SECTION 1. Section 42.001, Education Code, is amended by adding Subsections (c) and (d) to read as follows:
   1. (c) The legislature shall provide state funding in an amount that constitutes at least 55 percent of the cost of maintaining and operating the public school system.
   2. (d) The legislature may not recapture more than 35 percent of a school district's revenue from ad valorem taxes for the maintenance of public schools in the district. In this subsection, "recapture" means a system under which a school district is required to use a portion of the district's local ad valorem tax revenue for the benefit of public schools in this state other than those in the district, including:
      1. (1) the remittance of revenue to a state officer or agency for redistribution to other school districts;
      2. (2) the remittance of revenue to another school district for use by that district; and
      3. (3) the use of revenue to administer and operate a shared services program between the school district raising the revenue and one or more other school districts.

And where will that >55% come from? It better not be through a state income tax.

Rep. Corte is also the author of HB 13:

AN ACT
relating to punishment for the sale of an alcoholic beverage to a minor.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1. SECTION 1. Section 106.03, Alcoholic Beverage Code, is amended by amending Subsection (c) and adding Subsection (d) to read as follows:
   1. (c) Except as provided by Subsection (d), an [An] offense under this section is a Class A misdemeanor.
   2. (d) If a person has been previously convicted of an offense under this section or Section 101.63, an offense under this section is a state jail felony.

The relevant law being amended:

§ 106.02. PURCHASE OF ALCOHOL BY A MINOR.

1. (a) A minor commits an offense if the minor purchases an alcoholic beverage. A minor does not commit an offense if the minor purchases an alcoholic beverage under the immediate supervision of a commissioned peace officer engaged in enforcing the provisions of this code.

[...]

§ 106.025. ATTEMPT TO PURCHASE ALCOHOL BY A MINOR.

1. (a) A minor commits an offense if, with specific intent to commit an offense under Section 106.02 of this code, the minor does an act amounting to more than mere preparation that tends but fails to effect the commission of the offense intended.

...because we need more minors getting tangled up in the state jail system, dealing a huge blow to their lives and their families!

This Corte guy is responsible for several bills.

Representative Fred Brown wrote HB 21

AN ACT
relating to use of safety belts and child passenger safety seat systems.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1. SECTION 1. Section 545.412(a), Transportation Code, as amended by Chapters 618 and 910, Acts of the 77th Legislature, Regular Session, 2001, is reenacted and amended to read as follows:
   1. (a) A person commits an offense if the person operates a passenger vehicle, transports a child who is younger than six [four] years of age or less than 36 inches in height, and does not keep the child secured during the operation of the vehicle in a child passenger safety seat system according to the instructions of the manufacturer of the safety seat system.

2. SECTION 2. Section 545.413(b), Transportation Code, is amended to read as follows:
   1. (b) A person commits an offense if the person:
      1. (1) operates a passenger vehicle that is equipped with safety belts; and
      2. (2) allows a child who is at least six [five] years of age but younger than 17 years of age [or who is younger than five years of age] and who is at least 36 inches in height to ride in the vehicle without requiring the child to be secured by a safety belt, provided the child is occupying a seat that is equipped with a safety belt.

The involvement of the state in the backseats of our vehicles continues.

HB 30 by Representative Rob Eissler

AN ACT
relating to carbon monoxide detectors in certain residential dwellings; providing civil penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1. SECTION 1. Subtitle A, Title 9, Health and Safety Code, is amended by adding Chapter 766 to read as follows:

   CHAPTER 766. CARBON MONOXIDE DETECTORS IN CERTAIN RESIDENTIAL DWELLINGS

   1. Sec. 766.001. DEFINITIONS. In this chapter:
      1. (1) "Carbon monoxide detector" means a device that:
         1. (A) detects and sounds an alarm to indicate the presence of a harmful level of carbon monoxide gas; and
         2. (B) complies with Underwriters Laboratories, Inc., Standard 2034.
      2. (2) "Commission" means the Health and Human Services Commission.
      3. (3) "Dwelling" means a house, manufactured home, condominium unit, duplex unit, apartment unit, or other structure or portion of a structure that is constructed as a residence for an individual.

   2. Sec. 766.002. CARBON MONOXIDE DETECTORS REQUIRED.
      1. (a) Each dwelling the construction of which commences on or after January 1, 2006, must be equipped with carbon monoxide detectors in accordance with commission rules.
      2. (b) Each dwelling that is not described by Subsection (a) must be equipped with carbon monoxide detectors in accordance with commission rules before the owner of the dwelling may sell or otherwise transfer ownership of the dwelling to another person.

   3. Sec. 766.003. RULES.
      1. (a) The commission shall adopt rules requiring:
         1. (1) each dwelling the construction of which commences on or after January 1, 2006, to be equipped with carbon monoxide detectors; and
         2. (2) each dwelling the ownership of which is sold or transferred on or after January 1, 2006, to be equipped with carbon monoxide detectors.
      2. (b) The rules adopted under Subsection (a) must prescribe requirements relating to the placement, installation, maintenance, and number of carbon monoxide detectors required in a dwelling.

   4. Sec. 766.004. POLITICAL SUBDIVISION COMPLIANCE. A political subdivision of this state:
      1. (1) shall require all dwellings in the political subdivision to be equipped with carbon monoxide detectors in a manner that complies with the rules adopted under Section 766.003; and
      2. (2) may require all dwellings in the political subdivision to be equipped with carbon monoxide detectors in a manner that is more stringent than a manner that complies with the rules adopted under Section 766.003.

Over 2,000 words defining, specifying, and micromanaging what is properly a matter among the landlords, the tenants, and their insurance agencies.

Rep. Eissler is also responsible for, among many other things, HB 36

AN ACT
relating to the sale or service of an alcoholic beverage to a person on the person's 21st birthday; providing a penalty.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1. SECTION 1. Chapter 106, Alcoholic Beverage Code, is amended by adding Section 106.031 to read as follows:

2. Sec. 106.031. SALE OR SERVICE OF ALCOHOL TO PERSON ON
   PERSON'S 21ST BIRTHDAY.
   1. (a) The holder of a license or permit that allows the sale of alcoholic beverages for on-premises consumption commits an offense if, on the licensed or permitted premises, the license or permit holder with criminal negligence sells, serves, dispenses, or delivers an alcoholic beverage to a person on the date of the person's 21st birthday before:
      1. (1) 7 a.m. if the person's birthday occurs on a day other than Sunday; or
      2. (2) noon if the person's birthday occurs on Sunday.
   2. (c) An offense under this section is a Class A misdemeanor.

What. The. Fuck. I swear there are some loony anti-alcohol nuts in Texas.

That's halfway through the House list. Now for the Senate list.

SB 25 by Senator Judith Zaffirini

AN ACT
relating to the authority of certain law enforcement agencies to establish a checkpoint on a highway or street to determine whether persons are driving while intoxicated.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1. SECTION 1. Title 1, Code of Criminal Procedure, is amended by adding Chapter 65 to read as follows:

2. CHAPTER 65. SOBRIETY CHECKPOINTS

3. Art. 65.01. DEFINITIONS. In this chapter:
   1. (1) "Highway or street" has the meaning assigned by Section 541.302, Transportation Code.
   2. (2) "Law enforcement agency" means:
      1. (A) the Department of Public Safety;
      2. (B) the sheriff's department of a county; or
      3. (C) the police department of a municipality.

4. Art. 65.02. AUTHORIZATION FOR SOBRIETY CHECKPOINTS. A law enforcement agency may operate a temporary checkpoint as provided by this chapter on a highway or street to determine whether persons operating motor vehicles on the highway or street are intoxicated and in violation of Section 49.04, Penal Code."

Another slow erosion of our right to be left alone.

Sen. Zaffirini is quite concerned about alcohol; she's got

• SB 26 ("Relating to the punishment prescribed for and conditions of community supervision imposed on certain persons who commit intoxication offenses")
  
• SB 27 ("Relating to creating a presumption regarding a person's alcohol concentration for purposes of certain criminal proceedings against the person and the administrative suspension of the person's driver's license")
  
• SB 28 ("Relating to the enhancement of the criminal penalty for certain intoxication offenses")

all pouring from her legislative pen. It has been busy. She's responsible for 20 of the 46 bills visible online.

SB 43 by Senator Jane Nelson

AN ACT
relating to the establishment of certain programs and initiatives designed to prevent the manufacture and use of methamphetamine.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1. SECTION 1. Section 461, Health and Safety Code, is amended by adding Section 461.019, to read as follows:

2. Sec. 461.019. PROGRAMS AND INITIATIVES TO PREVENT MANUFACTURE AND USE OF METHAMPHETAMINE.
   1. (a) The Department of State Health Services shall establish programs and initiatives to prevent the manufacture and use of methamphetamine. The programs and initiatives shall:
      1. (1) educate retailers on the problem of methamphetamine manufacturing and use in Texas;
      2. (2) educate retailers on product management practices that deter suspicious purchases and theft of products used to manufacture methamphetamine;
      3. (3) educate the public on the role the theft of anhydrous ammonia plays in methamphetamine manufacturing;
      4. (4) educate the public on equipment and practices that deter theft; and
      5. (5) educate the public on the dangers of methamphetamine manufacturing and the increased hazards to children exposed to chemicals and products inappropriately diverted to manufacture methamphetamine.
   2. (b) The Department shall ensure its substance abuse efforts concerning controlled substances address:
      1. (1) student use and abuse of methamphetamine;
      2. (2) how to identify methamphetamine use in students; and
      3. (3) how to identify student exposure to methamphetamine manufacturing.

Personally, I think meth labs should be left alone and the users should be allowed to kill themselves as they wish.

Sen. Nelson, another prolific bill author (17 out of the 46), also has SB 54 which attempts to protect the display of the US flag in the face of homeowner's association rules.

SB 61 by Senator Royce West

AN ACT
relating to the teaching of foreign languages in public schools.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1. SECTION 1. Subchapter B, Chapter 21, Education Code, is amended by adding Sections 21.0451 and 21.0485 to read as follows:

2. Sec. 21.0451. GRANTS FOR CERTIFICATION IN BILINGUAL
   EDUCATION, DUAL LANGUAGE INSTRUCTION, OR ENGLISH AS A SECOND
   LANGUAGE. (a) From funds appropriated for that purpose, the commissioner shall make grants to educator preparation programs offered by public senior colleges or universities, as defined by Section 61.003, to allow the programs to:
   
   1. (1) exempt from the payment of tuition and fees a student seeking certification as a bilingual education, dual language instruction, or English as a second language teacher; and
      
   2. (2) reimburse a student described by Subdivision (1) for the cost of textbooks required for the educator preparation program.

That's only a small bite of what this monster does.

If interested, you can view what's being filed right now, right here.

The session has barely begun and there are already reasons to despair.

Posted by Drizzten at November 09, 2004 02:31 PM