Posts Tagged ‘Greg Abbott’

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Texas Outlaws Men In Women’s College Sports

Tuesday, August 8th, 2023

Many U.S. states have outlawed men from participating in women’s college sports. (An absurdity that would never have to be outlawed in sane times, but social justice and transexual madness has rendered this an insane society.) Now Texas has officially joined their ranks.

In a ceremony at the Texas Women’s Hall of Fame in Denton, Gov. Greg Abbott signed into law the Save Women’s Sports Act. The new law is designed to protect women’s collegiate sports and competitions from men masquerading as women.

“We’re here because women’s sports are threatened across the entire country,” said Abbott. “Some women are being forced to play against biological men. … College records that women set are being threatened. Women’s sports, women’s records, women’s teams, women’s locker rooms all are jeopardized when biological men are allowed to compete for those titles, for those teams, for those records.”

Now, according to Abbott, “the legacy of women’s sports is safeguarded by the law for generations to come.”

The legislation, Senate Bill 15 by State Sen. Mayes Middleton (R–Galveston), bans Texas’ public universities and colleges from allowing biological men to compete against women.

Brady Gray, president of Texas Family Project, told Texas Scorecard he was “proud to be present for the historic signing of SB 15.”

“We are thankful for the work of Riley Gaines and others who helped champion this historic legislation to save women’s sports,” said Gray.

Gaines, a former collegiate champion swimmer, was forced to compete against a biological male and even lost championship titles due to his biological advantage. She was also forced to change with him in a locker room.

“This new law will protect the integrity of women’s sports,” said Gaines during the ceremony.

“It’s pretty amazing that this law is even necessary,” she continued, stating it’s obvious that “men are––and this is a fact––on average taller, stronger, more powerful, [and] can jump higher than women.”

Slowly but surely, sane states are pushing back against transsexual madness, as well as all the other social justice insanities. And ordinary Americans, even many who previously thought themselves Democrats, are growing increasingly fed-up with the crazy spewing from the loony left.

Faster, please.

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Posted in Republicans, Social Justice Warriors, Texas | 5 Comments »

Special Session: Take Two

Wednesday, June 28th, 2023

Remember how the first Texas legislative special session ended without agreement? The second session just started.

It’s déjà vu all over again in the Texas Legislature on the first day of the second called special session ordered by Gov. Greg Abbott to deliver property tax relief, continuing a month-long stalemate that itself followed a months-long standoff.

On Tuesday, Abbott ordered a new special session after time ran out on the first one — this one to focus solely on property taxes.

Both chambers moved quickly on their respective blueprints, which are almost identical to the way the first special session concluded.

The House advanced the same bill by Rep. Morgan Meyer (R-Dallas) that passed one month ago: 16.2-cent rate compression using the entire $12.3 billion to buy down school district Maintenance & Operations rates. The lower chamber referred their plan to committee and then stood at ease until Friday morning. The Ways & Means Committee then voted out the bill and constitutional amendment unanimously.

Over in the Senate, the initial plan for this special session is almost entirely the same as what it passed last week during the first — $12.7 billion to combine compression, a $100,000 homestead exemption, an increase in the franchise tax exception, and a reduction in the school district voter approval rate.

The only alteration in the bill comes in relation to local option homestead exemptions (LOHE) — a mechanism that allows taxing units to establish an up to 20 percent homestead exemption off the top. Bettencourt said this was in response to Pasadena ISD’s cancellation of its 10 percent LOHE, something the school district did in anticipation of the Legislature raising the homestead exemption.

Prefacing this passage, Lt. Gov. Dan Patrick said Tuesday evening, “We will pass the same bill that we passed to the House last week that cuts school property taxes for the average homeowner by nearly 43%, almost double the tax cut one would receive with only compression.”

Patrick also said that the upper chamber will continue to insist upon a homestead exemption and again threw cold water on the suggestion by Abbott that property taxes could be eliminated in Texas.

“[T]o do so would require increasing the sales tax dramatically, which clearly has no support from the legislature or the people,” Patrick said, building upon his statement from a month ago that the idea was a “fantasy.”

“The only other pathway is using current sales tax dollars, which can never be achieved. The Governor mentions that cutting the tax rate is a lasting tax cut. It is not. As soon as sales tax flattens or declines in any year, property tax rates would skyrocket. The only tax cut that is lasting is a homestead exemption, which is locked into the Texas Constitution.”

There should be an obvious compromise here of somewhat lower compression with a bigger homestead extension. This is why you need conference committees. Last session, of course, the House passed its own property tax relief, then Speaker Dade Phalen adjourned, eliminating the possibility of a conference committee. I don’t blame Patrick for failing to fold in the face of that power play.

One significant change tacked onto the Senate’s constitutional amendment is language providing for a supplemental payment to teachers — $2,000 to urban teachers and $6,000 to rural teachers. The addendum came after an hour and a half of deliberations by the senators while the body stood at ease.

Yeah, I don’t like teacher’s raises being shoved into a property tax relief bill. Teacher raises should be paired with anti-SJW/anti-CRT/anti-tranny legislation for best effect, just to make teachers unions come out against pay raises for teachers….

There’s a clear path to coming to a compromise agreement on lower Texas property taxes, but Abbott, Phalen and Patrick have to walk it.

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Posted in Republicans, Texas | 3 Comments »

Abbott Carries Through With Threat, Vetoes Slew Of Bills

Saturday, June 17th, 2023

If you’ve read BattleSwarm long enough, you know I view Texas Governor Greg Abbott as a cautious, careful politician. He generally pursues conservative policies, but not with the drive and fervor of, say, Florida Governor Ron DeSantis. The bussing illegal aliens to blue cities ploy was a welcome departure from Abbott’s caution, but here too his sentiment trailed rather than lead conservative consensus.

But it appears that Abbott has finally found the issue he’s willing to play hardball on: Property tax reform.

fter Gov. Greg Abbott indicated Wednesday he could veto a large number of bills if no compromise is reached between the House and Senate on property tax relief, Lt. Gov. Dan Patrick says Abbott is threatening to destroy the work of the legislature.

Abbott made his comments during a bill signing ceremony on Wednesday, with just days left until Sunday, June 18—the last day he can sign bills into law or veto them. In Texas, any legislation not specifically vetoed by the governor becomes law.

There were 4,550 pieces of legislation passed by the Texas House and Senate and sent to the governor as part of the 88th Session of the Legislature. As of Wednesday night, Abbott had signed 873 pieces of legislation into law and vetoed five.

“As we get closer and closer to this Sunday, all of these bills that have yet to be signed face the possibility, if not the probability, that they’re going to be vetoed,” said Abbott.

Abbott has called for all of the $12 billion currently allocated to property tax relief to be used for compression—or buying down local school property taxes. While the House approved this plan on the first day of the current special session, Patrick and the Senate have stood firm in their desire for some of the money to be used to increase the homestead exemption. According to Patrick, this is a way to prioritize relief for homeowners over businesses.

“In a ploy to apparently get his way, Governor Abbott suggests he is threatening to destroy the work of the entire 88th Legislative Session – hundreds of thousands of hours by lawmakers doing the work the people sent us to do,” wrote Patrick on Twitter.

I usually back Patrick over Abbott, but looking at the list of bills he’s vetoed, I can’t say I’m broken up over them. (Some snippage for brevity.)

SB 2613
Author: Sen. Tan Parker (R-Flower Mound)
Sponsor: Rep. Lynn Stucky (R-Denton)
Caption: Relating to the creation of the Tabor Ranch Municipal Management District; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes; granting a limited power of eminent domain.
Veto Date: June 16
Abbott’s statement: “While Senate Bill No. 2613 is important, it is simply not as important as cutting property taxes. At this time, the legislature must concentrate on delivering
property tax cuts to Texans. This bill can be reconsidered at a future special session only after property tax relief is passed.” [Most of Abbott’s veto statements for subsequent bills are of the “X is important, but not as important as cutting property taxes” formulation, so I’ve snipped those.-LP]

SB 2605
Author: Sen. Pete Flores (R-Pleasanton)
Sponsor: Rep. Brad Buckley (R-Killeen)
Caption: Relating to the creation of the Knob Creek Municipal Utility District of Bell County; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.
Veto Date: June 16

SB 2598
Author: Sen. Angela Paxton (R-McKinney)
Sponsor: Rep. Frederick Frazier (R-McKinney)
Caption: Relating to the creation of the Honey Creek Improvement District No. 1; providing authority to issue bonds; providing authority to impose assessments and fees.
Veto Date: June 16

SB 2597
Author: Sen. Brandon Creighton (R-Conroe)
Sponsor: Rep. Cecil Bell Jr. (R-Magnolia)
Caption: Relating to the creation of the Montgomery County Municipal Utility District No. 237; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.
Veto Date: June 16

SB 1979
Author: Sen. Bryan Hughes (R-Mineola)
Sponsor: Rep. Caroline Harris (R-Round Rock)
Caption: Relating to an annual study by the Texas A&M University Texas Real Estate Research Center of the purchase and sale of single-family homes by certain institutional buyers.
Veto Date: June 16

SB 2616
Author: Sen. Judith Zaffirini (D-Brownsville)
Sponsor: Rep. Maria Luisa Flores (D-Austin)
Caption: Relating to the creation of the Travis County Municipal Utility District No. 27; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.
Veto Date: June 16

SB 2604
Author: Sen. Boris Miles (D-Houston)
Sponsor: Rep. Senfronia Thompson (D-Houston)
Caption: Relating to the creation of the Harris County Municipal Utility District No. 589; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.
Veto Date: June 16

SB 2453
Author: Sen. Jose Menendez (D-San Antonio)
Sponsor: Ana Hernandez (D-Houston)
Caption: Relating to certain regulations adopted by governmental entities for the building products, materials, or methods used in the construction of residential or commercial buildings.
Veto Date: June 16

SB 2379
Author: Sen. Charles Schwertner (R-Georgetown)
Sponsor: Caroline Harris (R-Round Rock)
Caption: Relating to aquifer storage and recovery projects that transect a portion of the Edwards Aquifer.
Veto Date: June 16

SB 2260
Author: Sen. Cesar Blanco (D-El Paso)
Sponsor: Rep. Toni Rose (D-Dallas)
Caption: Relating to management review of certain investigations conducted by the Department of Family and Protective Services.
Veto Date: June 16

SB 2052
Author: Sen. Robert Nichols (R-Jacksonville)
Sponsor: Rep. Trent Ashby (R-Lufkin)
Caption: Relating to permit fees for groundwater wells imposed by the Southeast Texas Groundwater Conservation District.
Veto Date: June 16

SB 1712
Author: Sen. Charles Perry (R-Lubbock)
Sponsor: Rep. Drew Darby (R-San Angelo)
Caption: Relating to the purchase, sale, or lease of real property on behalf of a limited partnership or a limited liability company.
Veto Date: June 16

SB 1568
Author: Sen. Donna Campbell (R-New Braunfels)
Sponsor: Rep. Matt Shaheen (R-Plano)
Caption: Relating to the persons authorized or appointed to exercise the power of sale under the terms of a contract lien on real property.
Veto Date: June 16

SB 1431
Author: Sen. Chuy Hinojosa (D-McAllen)
Sponsor: Rep. Bobby Guerra (D-Mission)
Caption: Relating to the confidentiality of certain information for a current or former administrative law judge for the State Office of Administrative Hearings.
Veto Date: June 16

SB 526
Author: Sen. Royce West (D-Dallas)
Sponsor: Rep. David Cook (R-Mansfield)
Caption: Relating to requiring prior approval by the Texas Higher Education Coordinating Board to offer a degree or certificate program to certain persons who are incarcerated or subject to involuntary civil commitment.
Veto Date: June 16

SB 485
Author: Sen. Nathan Johnson (D-Dallas)
Sponsor: Tom Oliverson (R-Cypress)
Caption: Relating to designating the second Saturday in October as Hospice and Palliative Care Day.
Veto Date: June 16

SB 361
Author: Sen. Sarah Eckhardt (D-Austin)
Sponsor: Rep. Hugh Shine (R-Temple)
Caption: Relating to the eligibility of a person employed by a school district as a teacher to serve on the appraisal review board of an appraisal district.
Veto Date: June 16

SB 348
Author: Sen. Drew Springer (R-Muenster)
Sponsor: Rep. Morgan Meyer (R-Dallas)
Caption: Relating to the prohibition on posting on the Internet information held by an appraisal district regarding certain residential property.
Veto Date: June 16

SB 315
Author: Sen. Bob Hall (R-Edgewood)
Sponsor: Rep. Ana-Maria Ramos (D-Richardson)
Caption: Relating to the definition of telephone call for purposes of regulating telephone solicitations.
Veto Date: June 16

SB 267
Author: Sen. Phil King (R-Weatherford)
Sponsor: Rep. Dustin Burrows (R-Lubbock)
Caption: Relating to law enforcement agency accreditation, including a grant program to assist agencies in becoming accredited.
Veto Date: June 16

SB 247
Author: Sen. Carol Alvarado (D-Houston)
Sponsor: Rep. Mary Ann Perez (D-Houston)
Caption: Relating to specialty license plates issued for honorary consuls.
Veto Date: June 16

SB 1080
Author: Sen. Lois Kolhorst (R-Brenham)
Sponsor: Rep. Stan Gerdes (R-Smithville)
Caption: Relating to a mitigation program and fees for the Lost Pines Groundwater Conservation District.
Veto Date: June 15

SB 2493
Author: Sen. Mayes Middleton (R-Galveston)
Sponsor: Rep. John Bryant (D-Dallas)
Caption: Relating to repairs made pursuant to a tenant’s notice of intent to repair and the refund of a tenant’s security deposit.
Veto Date: June 15

SB 1998
Author: Sen. Paul Bettencourt (R-Houston)
Sponsor: Rep. Hugh Shine (R-Temple)
Caption: Relating to the calculation of certain ad valorem tax rates.
Veto Date: June 15
Abbott’s statement: “Senate Bill No. 1998 requires data reporting on property taxes, but does nothing to cut property taxes. This bill can be reconsidered at a future special session only after property tax relief is passed.”

HB 2879
Author: Rep. Tom Oliverson (R-Cypress)
Sponsor: Sen. Paul Bettencourt (R-Houston)
Caption: Relating to venue in certain actions involving a contract for an improvement to real property.
Veto Date: June 15
Abbott’s statement: “House Bill No. 2879 would insert the government into private negotiations involving the work of contractors, subcontractors, and materialmen. Laws about venue selection are simply not as important as cutting property taxes. This bill can be reconsidered at a future special session only after property tax relief is passed.”

HB 2138
Author: Rep. Kyle Kacal (R-College Station)
Sponsor: Sen. Paul Bettencourt (R-Houston)
Caption: Relating to the sale of charitable raffle tickets by certain nonprofit wildlife conservation associations.
Veto Date: June 15
Abbott’s statement: “Though House Bill No. 2138 would expand gambling for a worthy cause, our oath obliges us to take a second look at statewide sales of online raffle tickets so that they do not run afoul of Article III, Section 47(d) of the Texas Constitution. Laws authorizing online raffle ticket sales are simply not as important as cutting property taxes. This bill can be reconsidered at a future special session only after property tax relief is passed.”

HB 4158
Author: Rep. Mike Schofield (R-Katy)
Sponsor: Sen. Paul Bettencourt (R-Houston)
Caption: Relating to the determination and reporting of the number of residence homesteads of elderly or disabled persons that are subject to the limitation on the total amount of ad valorem taxes that may be imposed on the properties by school districts.
Veto Date: June 14
Abbott’s statement: “House Bill No. 4158 appears to require more paperwork about property taxes, but does nothing to cut property taxes. This bill can be reconsidered at a future special session only after property tax relief is passed.”

SB 467
Author: Sen. Paul Bettencourt (R-Houston)
Sponsor: Rep. Jeff Leach (R-Plano)
Caption: Relating to increasing the criminal penalty for the offense of criminal mischief involving impairment of a motor fuel pump.
Veto Date: June 14
Abbott’s statement: “Senate Bill No. 467 would impose a harsher sentence for tampering with a gas pump than for damaging the electric grid or cutting a livestock fence. This bill can be reconsidered at a future special session only after property tax relief is passed.”

SB 2035
Author: Sen. Paul Bettencourt (R-Houston)
Sponsor: Rep. Giovanni Capriglione (R-Southlake)
Caption: Relating to the issuance of certain anticipation notes and certificates of obligation.
Veto Date: June 13
Abbott’s statement: “Senate Bill 2035 has too many loopholes. This bill can be reconsidered at a future special session only after property tax relief is passed.”

(My apologies for your eyes glazing over skimming reading that.)

I’m split between my admiration for Abbott having the balls to veto these bills, and the lazy and generally false statement of saying “X is important, but not as important as property tax relief,” given that most of these bill are not very important at all, save to a few special interests. Some of them, such as SB 2453, should have been vetoed on its merits for the government sticking their nose where it doesn’t belong. Without reading the full texts of each and every bill (not my job, because I’m not Governor of Texas), almost all the one with Democratic sponsors seem like they should be vetoed on the merits, and the rest seem pretty special-interest geared. At a glance, the only veto I actually disagree with is SB 467, because gas pump skimmers have recently become a big fraud vector.

But Abbott is right on one big issue: The 88th Texas Legislative Session should have spent the time to pass property tax relief, an issue that directly impacts the pocket books of millions of Texas homeowners. I have not researched the issue enough to determine whether compression or a raising the homestead exemption are more desirable. Abbott and the Texas Public Policy Foundation favor compression, while Patrick favors raising the homestead exemption. Though I can well understand his rejecting House Speaker Dade Phelan’s “let’s pass this and adjourn so you have to accept our bill without negotiation” tactic.

But I’m not upset with Abbott’s vetoes. He should have done a lot more of them, a lot earlier on, to cut down on the growth of government spending and regulation.

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Posted in Budget, Communism, Regulation | 6 Comments »

Federal Court To Biden: “No, You Can’t Have A National Guard Vax Mandate. Not Yours.”

Thursday, June 15th, 2023

Slowly but surely the relics of governmental overreach in the name of containing Flu Manchu are being rolled back. Texas Governor Greg Abbott finally announced he was letting his three year old emergency declaration lapse. (Are you sure you’re not rushing there, governor?)

Now a federal court has slapped down Biden’s vaccine mandate on the National Guard.

Just hours after Gov. Greg Abbott finally ended the COVID-19 disaster declaration, he announced that he won an appeals case against the Biden administration for attempting to enforce vaccine mandates on the Texas National Guard.

In January 2022, Texas Attorney General Ken Paxton filed a lawsuit against President Joe Biden to stop him from forcing the Texas Army National Guard and the Texas Air National Guard to get coronavirus vaccinations.

Over a year later, the U.S. Court of Appeals for the 5th Circuit issued its ruling that the Constitution and laws of the United States deny Biden the power to punish members of the Texas National Guard if they refused to get injected with the vaccine.

Circuit Judge Andrew Oldham stated in his opinion that he rejects the president’s assertion of power over the members because they were not called into national service.

In this case, President Biden imposed and then repealed a mandate requiring State militiamen to take the COVID-19 vaccine. And now that the President has rescinded the vaccine requirement, he wants to retain the power to punish militia members who refused to get the shots while the mandate was in effect—all without calling them into national service. We reject the President’s assertion of power because it would undermine one of the most important compromises in the Constitution. If the Constitution’s text, history, and tradition make anything clear, it’s that the President can punish members of the Texas militia only after calling them into federal service.

In Paxton’s lawsuit, he argued that neither the president nor federal military officials can force the state’s National Guard to comply with vaccination mandates.

“Neither the President nor federal military officials can order the Governor of Texas and non-federalized National Guardsmen to comply with a vaccination mandate or to direct a particular disciplinary action for failure to comply,” Paxton’s office wrote in a press release. “President Biden is not those troops’ commander-in-chief; Governor Abbott is.”

There seems to be no constitutional limit statists won’t override in their eternal, all-encompassing quest for dominion over others. Eternal vigilance is still the price of freedom.

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Posted in Regulation, Texas | 1 Comment »

Abbott Gets His Slush Fund Back

Saturday, June 10th, 2023

Remember the old Chapter 313 program Texas used to dole out incentives to favored companies to relocate to Texas? It’s back under a new name.

House Bill 5, which author State Rep. Todd Hunter (R–Corpus Christi) calls the “Texas Jobs, Energy, Technology, and Innovation Act,” would create a new statewide economic incentive program to replace the state’s controversial Chapter 313 program, which ended after lawmakers declined to renew it during the 2021 legislative session.

Although both the Republican Party of Texas and the Democrat Party of Texas oppose corporate handouts in their platforms, State Sen. Charles Schwertner (R–Georgetown), has said “the majority of the Legislature does see value in a job-creating, economy-growing incentive program.”

HB 5 was a priority of House Speaker Dade Phelan (R–Beaumont) and approved by a vote of 120-24 in the House and 27-4 in the Senate.

However, Jeramy Kitchen, executive director of Texans for Fiscal Responsibility told Texas Scorecard the new law is a “contradiction and nothing more.”

“On one hand, he is telling Texans that he wants to see historic property tax relief and the elimination of the property tax, or more specifically the school M&O portion of the property tax,” explained Kitchen. “Both of those are things that TFR supports and encourages the legislature to take action on.”

“His signing of House Bill 5 however, points to a contradiction, as it ultimately will do nothing more than burden those same individual property taxpayers he purports to provide historic relief to, as large qualifying corporations receive a property tax abatement under the guise of economic development,” said Kitchen.

Like Chapter 313, HB 5 allows businesses to apply for a 10-year abatement—or reduction—of school district property taxes, which the state pays instead. To receive an abatement, the business would have to show it plans to hire a certain number of employees earning above-average wages for its particular industry.

Unlike the previous incentive program, HB 5 requires not just the applicant and school district to agree to the abatement, but also the comptroller, governor, and a seven-member legislative oversight committee composed of lawmakers from the state House and Senate.

This committee would have the final say on approving proposed projects and would provide periodic recommendations to the Legislature regarding which types of projects should be considered.

The problem with the old program was that it let government use taxpayer money to pick winners from the politically connected. Abbott has wanted the restoration of his economic incentive “carrot” ever since it expired. The new law even creates another level of politicos for businesses to suck up to get tax rebate goodies, and I bet competition to get assigned to that new “oversite committee” will be fierce.

The old program probably did incentivize a few edge-case businesses to move to Texas who wouldn’t otherwise, but Texas’ low-tax, low-cost and business-friendly regulatory environment already provides plenty of incentives to move here, as evidenced by the fact that businesses kept relocating here even in their absence.

At least there’s one improvement in the new version: “After Chapter 313 received much criticism for its funding of “renewable energy” projects, which Texas Scorecard previously examined in an extensive investigation, lawmakers also blocked such industries from receiving taxpayer funding through HB 5.”

Taxpayers are better served by keeping their own money than theoretically enjoying the down-the-line economic benefits of government functionaries showering their money on corporate welfare for businesses willing to do the requisite sucking-up to political figures in order to get paid to move here.

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Posted in Budget, Democrats, Republicans, Texas, Welfare State | 2 Comments »

Abbott Signs Law Banning Child Genital Mutilation

Monday, June 5th, 2023

This is news I was expecting, but hadn’t seen in any of the usual sources: Texas Governor Greg Abbott has finally signed legislation banning child genital mutilation.

Gov. Greg Abbott of Texas signed a bill into law Friday that bans sex-change surgeries and hormonal interventions aimed at transitioning minors with gender dysphoria, as the Lone Star State joins more than a dozen others to pass similar legislation.

Senate Bill 14, which goes into effect on Sept. 1, prohibits medical interventions such as puberty blockers, cross-sex hormones and surgeries like double mastectomy for female-born minors identifying as male. It also forbids the use of state funds for such procedures in children.

The law stipulates that the procedures are prohibited “for the purpose of transitioning a child’s biological sex as determined by the sex organs, chromosomes, and endogenous profiles of the child or affirming the child’s perception of the child’s sex if that perception is inconsistent with the child’s biological sex.”

It sad that there even needs to be a law that bans child genital mutilation (AKA “gender affirming care,” but really “sex-defying cosmetic surgery”), but this is the world we’re living in.

At least until November 2024…

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Posted in Social Justice Warriors, Texas | 5 Comments »

Death Star Update: Preemption Bill Closer To Passage

Tuesday, May 16th, 2023

Remember the “Death Star” preemption bill designed to prevent left wing local governments from doing amazingly stupid things? Now it’s one step closer to Governor Abbott’s desk.

A landmark local government preemption bill cleared its second hurdle Tuesday as House Bill (HB) 2127 was passed by the Texas Senate, with a few amendments.

Dubbed the “Texas Regulatory Consistency Act,” the bill prohibits municipalities from approving regulations that exceed state law in nine different sections of code: Agriculture, Business & Commerce, Finance, Insurance, Labor, Local Government, Natural Resources, Occupations, and Property.

The bill states that any regulation specifically enumerated in state code is regulatable by municipalities, and anything else is not, a strategy called “field preemption.” Up until this session, the state had opted for “conflict preemption,” a strategy of addressing specific policies adopted by localities after the fact.

It’s the difference between blasting with a shotgun and firing with a rifle.

HB 2127 allows individuals or associations in the county of potentially offending regulation to sue the locality for abridging this prohibition.

The bill, authored by Rep. Dustin Burrows (R-Lubbock) and sponsored by Sen. Brandon Creighton (R-Conroe), was passed by the House about a month ago, where it received eight votes from Democrats in the lower chamber. From there, it moved to the Senate Business & Commerce Committee, where it passed six to two.

On Monday, the Senate passed its version with three amendments; Sen. Robert Nichols (R-Jacksonville) was the only GOP “nay” on the bill. The vote was the same on Tuesday’s final passage.

Those amendments include a “loser pays” provision, placing the burden of payment for a frivolous lawsuit with the person or group who brought the suit; a limitation that a suit may only be brought against the offending political subdivision, not individual elected officials of that locality who were liable to be sued under the House version; and the tacking on of a prohibition against local governments halting evictions.

Plaintiffs must provide three months’ notice to the locality of an impending suit, intended as a grace period within which the potential violation can be revoked.

That eviction language comes from Senate Bill (SB) 986, which appears to have stalled out in the lower chamber. That bill is aimed at what big cities in Texas tried to do — but were stopped by courts — in ordering eviction moratoriums during the COVID-19 pandemic.

Creighton said in a statement after the bill’s passage, “The Texas Regulatory Consistency Act, the most pro-business, pro-growth bill of the 88th session has passed the Senate.”

“HB 2127 gives Texas job creators the certainty they need to invest and expand by providing statewide consistency and ending the days of activist local officials creating a patchwork of regulation outside their jurisdiction. Local governments acting as lawmakers in a patchwork of varying anti-business ordinances result in job killing outcomes.”

Gov. Greg Abbott has backed the bill, shedding little doubt over whether he will sign it into law once it reaches his desk.

Snip.

With the bill passed in the upper chamber, it now moves back to the House, where the members must either accept the Senate version with its amendments or reject them and trigger a conference committee.

From there, it moves into the friendly embrace of Abbott, who’s been chomping at the bit to sign it into law.

The sooner this is signed into law, the sooner the madness consuming the local governments in Travis and Harris County can be reigned in.

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Posted in Austin, Democrats, Republicans, Texas | 7 Comments »

Austin’s Ongoing Policing Crisis

Thursday, March 30th, 2023

The term of Austin Mayor Steve Adler was so disasterous that it’s wrecking havoc on Austin even after he’s out of office. The massive scores of drug-addicted transients still plague Austin, and the defunding attempt that, at heart, was a massive cash grab for far leftwing activists. All that, and the election of Soros-backed leftwing DA Jose Garza, has brought about a crisis in Austin policing.

Severely understaffed, defunded Austin PD on verge of retirement wave after city council ‘pulls rug out’ again

Police sources told Fox News Digital that 150 officers have made appointments inquiring about their retirement options

Austin police facing staffing shortages as 911 wait times soar…

Austin police officers past and present are warning Fox News Digital that the Texas capital’s police force critically depleted as a result of defunding in 2020 is on the verge of losing another wave of officers in response to a breakdown between the city and the police on a new contract.

An Austin Police Department source told Fox News Digital this week that 40 officers have filed their retirement papers following a 9-2 city council vote a few weeks ago to scrap a four-year contract that the city had previously agreed to in principle and instead pursue a 1-year contract that the police union’s board has rejected.

That move is believed by many to be due to intense pressure from anti-police activists in the city who look to hold off a long term deal until after voters decide on competing ballot initiatives dealing with “police oversight” that go before voters in May.

“It’s my opinion that the radicals and activists in the city have such a grip on our elected officials that at some point in time over the last year or so their plans changed,” the source, who is an Austin Police Department officer, said. “They said O.K. now we’re going to get signatures for this ballot initiative in May and switch gears and put pressure on city leadership to move away from a four-year deal to a one-year deal because the four-year is detrimental to what we are trying to accomplish.”

Dennis Farris, president of the Austin Police Retired Officers Association, told Fox News Digital he knows of 35 officers from the department that have filed retirement papers and at least six of them are “high ranking officers.”

“I fear we’re going to see a mass exodus of the senior people with longevity to where you’re going to have a department where maybe the average service time was in the high teens now and I think it’s going to drop into the low teens,” Farris said, explaining that departments without strong senior leadership often experience more problems due to “inexperience.”

Farris said that two waves of retirements, officers who have already filed and officers who will file when the contract officially expires at the end of March, could result in as many as 100 retirements. Two police sources told Fox News Digital that 150 officers have reached out to the retirement board in the last few days to discuss options.

The situation has gotten so bad that street racers felt no compunction about blocking off streets just south of downtown and doing donuts.

No wonder Dallas is trying to poach officers from APD.

Is there hope on the horizon? Some. Newly installed mayor Kirk Watson, though a Democrat, rejects Adler’s Social Justice Warrior “police defunding” policies. And Watson has helped forge a stopgap solution to the immediate crisis: Having DPS troopers assist with Austin policing.

The Texas Department of Public Safety (DPS) will supplement troopers to Austin Police Department (APD) shifts for assistance with the city’s staffing crisis.

The City of Austin announced the partnership with DPS on Monday, with Mayor Kirk Watson saying, “During my run for mayor, I promised we would make city government work better in providing basic services.”

“This is an example of that. It’s a common-sense, practical response to a serious need and arose out of a positive working relationship between the Capital City and the Capitol of Texas. I want to thank Gov. Greg Abbott, Lt. Gov. Dan Patrick, and DPS Director Steven McCraw for being willing to step in and work with us to ensure the safety of our shared constituents.”

DPS officers’ primary focus in conjunction with the agreement will be on traffic response, but may provide backup to city police during emergencies.

APD Chief Joseph Chacon added, “This is a wonderful resource and partnership that will provide relief to our APD officers and detectives who want nothing more than to focus on keeping Austin safe — whether that’s responding to domestic violence incidents, combatting DWI, or investigating criminal activity.”

Similar agreements have been implemented in Dallas and San Antonio, and Austin says it will come at no cost to the city. DPS has assisted APD before, including during last month’s breakout of street takeovers.

This is only a stopgap. The real solution is to immediately start recruiting and training more APD officers, and voting out Garza and all the pro-defunding, anti-police Austin City Council members who helped Adler get the city into this mess.

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Posted in Border Control, Budget, Crime, Democrats, Republicans, Social Justice Warriors, Texas, Uncategorized | 4 Comments »

University of Texas Announces DEI Pause

Saturday, March 4th, 2023

A lot of conservatives have criticized Governor Greg Abbott’s anti-CRT/DEI/SJW initiatives as all show and no teeth. But there is at least some sign that those directives have had an effect on the people that run the University of Texas system.

The University of Texas (UT) System will pause all Diversity, Equity, and Inclusion (DEI) efforts, the board of regents announced last week.

The board chairman Kevin Eltife stated at the start of the meeting he had a comment that was “not an action or discussion item.”

“The topic of DEI activities on college campuses has received tremendous attention nationally and here in Texas,” Eltife said.

“We welcome, celebrate, and strive for diversity on our campus with our student and faculty population.”

“I also think it’s fair to say in recent times, certain DEI efforts have strayed from the original intent to now imposing requirements and actions that, rightfully so, raised the concerns of our policymakers,” he added.

Eltife went on to announce that all DEI policies would be paused on UT campuses and he will be asking for reports on any current policies still operating.

“We will await any action from the legislature for implementation by the University of Texas system at the appropriate time, and if needed, the board may consider a uniform DEI policy for the entire UT system,” Eltife said.

This announcement follows many reported incidents of DEI policies on UT campuses.

In 2021, Texas Tech University announced it was hiring four new assistant professors for its Department of Biological Sciences. Its social media posts made clear the department’s commitment to DEI hiring.

The department released a rubric for evaluating new faculty candidates’ diversity statements about how well they understand and have knowledge of “dimensions of diversity.”

Texas Tech has already released a statement about its steps toward ending DEI hiring and its desire to “always emphasize disciplinary excellence.”

UT Austin has been accused of using DEI policies to “espouse a clear ideological agenda,” and other reports have shown the pervasiveness of DEI in multiple Texas medical schools.

A medical school applicant, George Stewart, has filed a lawsuit against six Texas medical schools for alleged willingness to “discriminate on account of race and sex when admitting students by giving discriminatory preferences to females and non-Asian minorities, and by discriminating against whites, Asians, and men.”

It’s one thing for the board to announce policies, it’s quite another for administrators and department heads to follow them. Right now I would bet some social justice warrior administrators at UT are busy telling their friends on Facebook how they’re going to ignore the board’s directives.

When we start seeing entire DEI pockets of resistance being laid off the way we’ve seen in Florida and in the private sector, then we’ll know it’s real and not just empty talk.

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Posted in Democrats, Social Justice Warriors, Texas | 5 Comments »

2023 Greg Abbott Declares War On 2020 Greg Abbott

Wednesday, February 22nd, 2023

Texas Governor Greg Abbott wants you to know he’s totally opposed to pandemic restrictions.

The most surprising component of Gov. Greg Abbott’s largely unsurprising slate of emergency items this session is a prohibition on COVID-19 restrictions and directives — not because of what the governor hasn’t done, but because of what he did.

During the pandemic’s height, Abbott, like many other GOP governors across the country, issued his own executive orders closing businesses, restricting the ingress and egress of persons, and mandating masks — the lattermost of which was announced only weeks after the office’s official position stated that “no jurisdiction can impose a civil or criminal penalty for failure to wear a face covering.”

A similar instance occurred in 2021 relating to vaccine mandate bans when Abbott’s spokesman stated that “private businesses don’t need government running their business.” A couple of months later, the governor expanded his vaccine mandate ban to include private companies along with governmental entities.

Abbott is now embroiled in a legal fight — to be featured at the Texas Supreme Court this week — with school districts who tried to preserve their own mask mandates well after the state ended its own.

The goalposts of pandemic policy across the country have moved constantly over the last three years, including in Texas — attributable in part to the giant uncertainty about the situation, especially early on. Mixed messages from officials were a common theme in the first few months.

“People didn’t know what we were dealing with with COVID, so there’s some grace that has to be extended,” state Rep. Matt Schaefer (R-Tyler), a frequent critic of the governor’s emergency response, said at The Texan’s 88th Session Kickoff in January. “I think there’s some grace that is extended to our leaders for getting through a chaotic period of time.”

Some grace is fine. After all, Flu Manchu was new and potentially deadly, and no one knew just how deadly at the start. It became evident very early on that Mao Tse Lung was not remotely as deadly as Ebola, yet Abbott still took six weeks of two weeks to bend the curve before he even started lifting the lockdown by a magnanimous 25% (remember the absurdity of tapped over restaurant tables you couldn’t sit at), markedly slower than many other Republican governors. Florida’s Ron DeSantis was notably faster at lifting all his markdown restrictions than Abbott was.

Finally, keep in mind that just renewed his own Flu Manchu disaster declaration February 13th. There’s never been a good explanation of how Flu Manchu lockdown restrictions were compatible with basic constitutional rights. So why has Abbott kept that disaster declaration going years after everyone else has moved on with their life?

The first target of Greg Abbott’s 2023 ire over “COVID-19 restrictions and directives” should be the Greg Abbott of 2020.

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Posted in Regulation, Texas | 9 Comments »

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