Smoking Ban opponents are hot

I'm in the Texas House State Affairs Committee hearing listening to the opponents of the proposed state-wide smoking ban. The usual suspects are here supporting the bill, but freedom-lovers are clearly prevailing. Let's hope the smoking ban is taking its last breath, but while we are here testifying for freedom, word has it that Lt Gov Dewhurst has been working the Senate to support the smoking ban.

No one is forcing nonsmokers (like me) to endure a smoking establishment. We have freedom of choice, as do workers.

It's time we treat citizens like adults and allow the market to prevail. If nonsmokers want their own cigar bars, bars and other establishments, those will flourish.

The opponents of the smoking ban far outnumber the supporters.

This is Texas - not Taxus or Regulateus - but Texas. Let's keep government bans and regulations at bay.

Folks here are overwhelmingly asking legislators to reject the ban.

Lt. Gov. David Dewhurst puts Taxpayer Protections aside in favor of Expanded Government

Lt. Gov. David Dewhurst testified on Tuesday, April 28 in favor of the anti-freedom, anti-property rights, pro-big-government statewide smoking ban legislation.

In the meantime, Dewhurst has allowed extremely important bills (the informed consent bill, the franchise tax exemption bill, and taxpayer protections for property tax payers) to linger indefinitely in committee.

We can see where the Lt. Governor has placed priorities this session, and it isn't in the taxpayers' best interests.

Call Lt. Gov. Dewhurst today and urge him to get back on target now!

His state office number is 512 463-0001.

You can also e-mail him by clicking here.

Democrat takes one giant leap for common sense

One small step like this amounts to a giant leap for common sense these days.

On April 9, U.S. Rep. Walt Minnick became the first Democrat in the House of Representatives to swear off earmarks for this fiscal year, according to the Club for Growth.

Minnick explained his decision in an interview with the Idaho Statesman:

"In this tough economic time, we all need to cut back," Minnick said. "I strongly support many of the projects submitted to my office, so I understand why this decision will not be popular with some and that it may meet criticism."

It’s one thing for three Republican senators to go against their party when it’s out of power (as Sens. Collins, Snowe and Specter did on the “stimulus” vote); but to have a freshman Democrat take this kind of step when his party has the greatest power situation since 1965, controlling both the Congress and the White House, is unbelievable.

He could have easily laid low, built up relationships with appropriators and flooded his district with pork in an attempt to set up his re-election campaign. Instead he decided to, in his words, “Do what I believe is best for Idaho and our country."

Minnick narrowly defeated U.S. Rep. Bill Sali last November, edging out the incumbent Republican 51-49 percent. He was also one of 11 Democrats to vote against the “stimulus.”

Here in Texas, U.S. Reps. Jeb Hensarling and Michael McCaul are the only members of the congressional delegation to have sworn off earmarks so far.

Meanwhile, U.S. Senators John Cornyn and Kay Bailey Hutchison have been navigating a rather confusing path on the issue.

Last month, Cornyn and Hutchison voted for an amendment to strip all 8,500 earmarks from President Obama’s budget. The amendment failed and both wound up voting against the budget, while at the same time securing millions in earmarks.

Statistics provided by Taxpayers for Common Sense detail who received the most earmarks in the new budget. Among the Texas delegation, Hutchison led with a total of $152.9 million, followed by Rep. Chet Edwards (D-Waco) with $116.9 million and Cornyn with $86 million.

It’s a shame they do not share the convictions of an Idaho Democrat.

Click here to read the Idaho Statesman story.

Texas property taxpayer protections move forward

Taxpayer Protections move forward


Sen. Dan Patrick (R-Houston)’s SB 700 was voted out of committee today with bipartisan support and only one "no" vote (Sen. Judith Zaffirini D-Laredo). The bill basically requires a roll back election when local government revenues exceed 8% over the last year. There will be no onerous petition-gathering requirement. TML is already attacking the bill (see the email below) and we need your help to fight back.

Please call your senator in support of Senate bill 700 that improves the transparency of the property tax system. SB 700 does three things: 1. requires appraisals be included in the notice along with the percentage increases for the last five years, 2. requires counties with at least 500,000 people to offer electronic appraisal protest and settlement; and 3. requires rollback elections when the 8% revenue mark is met or exceeded.

This is not a revenue cap, but a revenue disclosure. And though local government officials claim they should not need to hold a vote, they use the excuse that a vote is expensive. That’s an easy one – just don’t collect 8% more from your voters! They also oppose it on the grounds of “local control.” But what constitutes local control more than voters participating in government?

If you didn’t get a substantial property tax cut last year, it is because local governments devoured that school property tax cut. We need SB 700. To find your State Senator, click here: http://www.fyi.legis.state.tx.us/

Here is an example of your city tax dollars at work, The Texas Municipal League (funded by city tax dollars) opposing this basic taxpayer protection. The email be;pw was sent to all TML members today.

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Subject: TML Legislative Alert -- REVENUE CAP BILL PASSES SENATE COMMITTEE

SB 700 by Sen. Patrick was voted from the Senate Finance Committee today.
As voted from the committee, the bill would require a city to automatically conduct a property tax rate ratification election any time the city adopts a tax rate that exceeds the rollback rate (current law requires a petition from citizens to trigger a rollback election).

Mandatory tax rate elections are an expensive and unnecessary revenue cap on Texas cities.


***Concerned cities should contact their senators now and urge them to oppose SB 700.***


Legislative Services
Texas Municipal League

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As Taxpayer Advocates, we urge citizens to call their State Senators and ask them to SUPPORT SB 700 and call your city council members and ask that they pull out of TML.

Governor Perry Stands Up for States Rights

AUSTIN – Gov. Rick Perry joined state Rep. Brandon Creighton and sponsors of House Concurrent Resolution (HCR) 50 in support of states’ rights under the 10th Amendment to the U.S. Constitution.

“I believe that our federal government has become oppressive in its size, its intrusion into the lives of our citizens, and its interference with the affairs of our state,” Gov. Perry said. “That is why I am here today to express my unwavering support for efforts all across our country to reaffirm the states’ rights affirmed by the Tenth Amendment to the U.S. Constitution. I believe that returning to the letter and spirit of the U.S. Constitution and its essential 10th Amendment will free our state from undue regulations, and ultimately strengthen our Union.”

Perry continued: "Millions of Texans are tired of Washington, DC trying to come down here to tell us how to run Texas."

A number of recent federal proposals are not within the scope of the federal government’s constitutionally designated powers and impede the states’ right to govern themselves. HCR 50 affirms that Texas claims sovereignty under the 10th Amendment over all powers not otherwise granted to the federal government.

It also designates that all compulsory federal legislation that requires states to comply under threat of civil or criminal penalties, or that requires states to pass legislation or lose federal funding, be prohibited or repealed.

Gov. Perry will join Americans for Prosperity in a tea party with a strong message for Washington, D.C.: DON'T MESS WITH TEXAS! set for April 15 at ll:30 am at Austin City Hall. Joining the party will be Michael Williams, Texas Railroad Commissioner and great patriot. Stay tuned...

Italy Mayor's $1,200 Salary Illegal?

Italy, the highest-taxed city in Ellis County, south of Dallas, voted to give Mayor Frank Jackson, who has no opponent in this year's election, a salary of $1,200 per month, beginning, ironically, on Election Day, May 9. Jackson will be the highest-paid volunteer mayor in Ellis County.

But a former city administrator for the town of 2,000 south of Waxahachie believes the salary might have been illegal:

LGC, Sec. 141.001. ELECTED AND APPOINTED OFFICERS IN TYPE A GENERAL-LAW MUNICIPALITIES. (a) On or before January 1 preceding a regular municipal election, the governing body of a Type A general-law municipality shall set:

(1) the salary and any fees of office of the mayor to be elected at that election, if the office of mayor is to be filled at the election;

(2) the compensation of each other elected officer to be elected at that election; and

(3) the compensation of each officer appointed by the governing body.

(b) An officer's compensation set under this section may not be changed during the term for which the officer is elected or appointed.

Duncanville Mayor Has Councilman Arrested in Meeting

The Duncanville City Council reportedly does not utilize Robert's Rules of Order, given the fact that Green arbitrarily canceled a publicly posted meeting last month because city officials took a taxpayer-financed trip to Washington, D.C.

At the April 7 council meeting, District 3 Councilman Paul Ford is arrested -- arrested! -- for disrupting a council meeting when he attempts to speak out on Duncanville Mayor David Green's new "councilman conduct" policy. Ford is no stranger to controversy, but to have a sitting councilman - an elected official running for re-election no less - arrested is beyond overstepping boundaries.




If Green can get away with breaking a Texas Open Meetings Act law by canceling a publicly posted meeting without the consent of a quorum, Ford did nothing wrong. What rules are these guys following? It's rule by fiat in Duncanville.


See Also: BestSouthwestBlog.com

Sin tax passes out of House with almost no opposition

Last session, lawmakers approved a $5 fee for strip clubs, creating a de facto sin tax. While that fee is being challenged in court, Rep. Senfronia Thompson (D) and Rep. Mike Hamilton (R) got together to repeal the fee and impose an occupations tax on the gross receipts of all sexually-oriented businesses. HB 982 went through committee with no opposition, and passed the House yesterday 141-1 (Rep. Brandon Creighton, R, was the only dissenting vote). Now, as it heads toward the Senate, we're looking at the creation of an actual sin tax.

Reading the bill analysis, it sounds like the only reason for this legislation is that the intended recipients of the $5 fee from last session (sexual assault program fund or the Texas health opportunity pool) have not seen any of the money collected.

I was pretty astonished to read the House record vote on HB 982; only one conservative Republican stood against the creation of a new tax. That really blows my mind, though at this point, why should it?