HB 4 & HB 5 – Emergency CPS/Foster Care Legislation Passes the Texas House
Without a single no vote cast, HB 4 and HB 5 passed the Texas House this week. The bills will now be considered by the Texas Senate. This legislation will implement critically needed reforms of our CPS and foster care systems.
HB 2481 – Legislation to Preserve Texas Voter ID
On Monday, I filed HB 2481 to preserve Texas’ Voter ID law by providing a declaration for voters who do not and cannot reasonably obtain acceptable photo identification. These updates are necessary to comply with the 5th Circuit ruling while ensuring the integrity of our voting process. If passed, HB 2481 would do the following:
Allowing voters to cast a ballot if they have an approved secondary form of identification and execute a declaration indicating they are who they say they are and do not have and cannot reasonably obtain approved photo identification for one of several specified reasons.
Allowing voters to use otherwise acceptable photo identification that is more than 60 days expired if they execute a declaration stating that they cannot obtain a new form of photo identification for one of the several specified reasons.
Establishing a criminal penalty for knowingly making a false statement on the declaration as up to a third-degree felony.
Allowing voters over age 70 to cast a ballot using expired, but otherwise acceptable, photo identification.
Requiring the Secretary of State to establish a mobile program for issuing election identification certificates.
Weatherford Chamber Legislative Visit
This week we welcomed the Weatherford Chamber delegation to their state capitol for a legislative visit to Austin. We passed HR 391 recognizing February 27 2017, as Weatherford Day at the State Capitol.
The House is making child protection the top priority of the 85th Legislation Session through funding and comprehensive reform of the system. I am fully committed to taking the necessary steps to protect children in Texas. The proposed House budget will allocate additional funding to improve salaries and hire more caseworkers. HB 4, HB 5, and HB 6 have been filed and if passed, will implement reforms that will strengthen kinship care placements, reorganize DFPS into a stand-alone agency, and allow for a transition to a community-based foster care system.
These changes are designed to drastically overhaul a failing system, and to provide the children of Texas with the protection and care that they deserve.
I support these legislative efforts that will reform the system to provide better protection for children and more efficiency in the use of taxpayer dollars. If passed, this legislation will help provide faster intervention for children in danger and increase the number of loving and stable foster homes available to them.
Constituent Meetings
We had many constituents from the district visit Austin this week to share their legislative priorities. I sat down with Northwest ISD Superintendent Dr. Ryder Warren and Jack Teddlie with the Texas Retired Teachers Association. Janet Minke, a constituent with the Texas Land & Title Association stopped by, and I shared a very pleasant visit with Pastor Franz Schemmel of Messiah Lutheran Church. Michelle Slonaker with the Chico Public Library was kind enough to make the drive south to talk with me about improving broadband access for rural libraries, and a family from Parker County visited the Capitol to spread awareness about their pitbull rescue.
East Parker County Chamber Legislative Day
Thank you to all of those that made the long drive to Austin to attend East Parker County Legislative Day! I passed HR 392 to honor the Chamber and welcome them to the Texas Capitol. We had a great time discussing legislative priorities and touring the capitol.
Committee Appointments, Stand With Israel Day, Meeting With Governor Abbott
This week the House members received committee appointments for the 85th session and interim. I am honored to serve as the chairman of the House Committee on Homeland Security & Public Safety and continue to serve on the Energy Resources Committee. Committees will be up and running soon and I look forward to addressing the many issues Texas faces.
If you would like to see the full list of committee assignments:
http://www.house.texas.gov/committees/
This was a very busy week for us at the Capitol. Among the many meetings and briefings, my office hosted a Citizens Advocacy Day in support of Israel and my anti-BDS bill, House Bill 89. Hundreds of citizens came to walk the capitol to meet their representatives and senators asking for support of HB 89. We also met with Governor Greg Abbott who conveyed his strong support for Israel and of his commitment to the passage of House Bill 89.
Also this week, leaders and students from Wise County 4H Club dropped by. And I enjoyed a meeting with Parker County’s John Thomas who is a gubernatorial appointee to the Texas Council for Developmental Disabilities.
January 10th kicked off the first day of the 140 day session. On that day, accompanied by my wife and friends, I took the Oath of Office and was sworn in as your State Representative. Through that oath, I promise to uphold and champion the conservative values that Parker and Wise counties call on me to defend.
We are already hard at work in the Capitol office. Committee assignments will be released in the upcoming weeks, and more legislation is being filed every day. I’ve enjoyed meetings with constituents that represent various organizations and discussing legislation that may affect their industry and impact Texas. Our office is always here to listen and answer any questions you should have regarding legislation, so please feel free to reach out to us with your support or concerns. You can reach my Capitol office at (512) 463-0738.
HB 89 – Anti- Boycott, Divestment, and Sanctions Legislation
I am very proud to announce a bill that is a top priority for me this session that blocks discriminatory trade practices against Israel. HB 89 boosts the state’s global economy by prohibiting the state from investing public funds in companies that boycott Israel.
This bill sends a strong statement that Texas stands with its friends. Boycotts of entities and individuals on the basis of national origin, often amount to ethnic, religious, racial and/or nationality discrimination, which directly contradicts state public policy.
Israel is Texas’ fourth leading trade partner with numerous joint projects in agricultural research and development, science and technology and industrial research. The Lone Star State exports $495 million in product to Israel and in 2012, had $118 million in military contracts. Nearly 300 Texas companies do business with Israel. The state also has more than $50 million in high-rated State of Israel Bonds.
Texas is just one of a growing number of states in the country to respond legislatively to national origin discrimination.
On February 9, I will be hosting a Citizens Advocacy Day to show our support of Israel at the Capitol. If you are interested in this legislation, we encourage your attendance and hope to see you there!
In the battle of ideas, one Texas legislator is taking on the BDS movement’s attempt to get state universities and other governmental entities to cut ties with Israel.
State Rep. Phil King, R-District 61, will file a bill against the boycott, divestment and sanctions movement on Nov. 14.
The anti-BDS bill would require companies that contract with any government entity in Texas to verify they do not and will not boycott Israel. The bill also would prohibit state pension and endowment funds, such as the Teacher Retirement System and The University of Texas Investment Management Company from making investments with companies that boycott Israel. Texas pension and endowment funds currently are worth an estimated $270 billion dollars.
Fourteen states have passed anti-BDS legislation as of last week. Speaking to the Jewish Herald-Voice, Rep. King noted that most of those state legislatures passed anti-BDS bills by a near unanimous vote.
“We expect bipartisan support of the anti-BDS bill in the Texas House in the 85th (2017) session,” said King. “The state recognizes that economic warfare is not something most Texans approve of when it’s aimed against a friend of Texas. The BDS movement is directed at harming and destroying Israel, pure and simple.”
Enforcement of the law would be similar to what currently is in place in the Iran and Sudan sanctions. The state comptroller would have the responsibility of compiling a list of companies boycotting Israel. The comptroller then would notify those out of compliance that the state will divest from company stock holdings if they continue to boycott.
King represents Parker and Wise counties in the Texas Legislature. He currently serves as chair of the State and Federal Power and Responsibility Committee. He also serves on the Energy Resources Committee, Environmental Regulation Committee and the Select Committee on Federal Environmental Regulation. He serves as a colonel in the Texas State Guard and is a member of Trinity Bible Church.
Neither Parker nor Wise counties have a significant population of Jewish voters. King said there were four reasons he was motivated to sponsor this bill.
“First, as a Christian, my religious heritage is intrinsically linked to Israel and to the Jewish people. Second, as an American, our national security is dependent in great part on a strong Israel, often our only friend in the Middle East. Third, as a Texas legislator, our state has a substantial Jewish population and this issue is important to them. Texans have historical ties and do a lot of business with Israel. Fourth, it’s just the right thing to do.”
King sponsored a resolution (HR 44) in 83R (the 2013 Session) that commended Israel “for its cordial and mutually beneficial relationship with the United States and with the State of Texas.” The bill resolved to “support Israel in its legal, historical, moral and God-given right of self-governance and self-defense upon the entirety of its own lands, recognizing that Israel is neither an attacking force nor an occupier of the lands of others, and that peace can be afforded the region only through a whole and united Israel.”
An active member of the Trinity Bible Church, King said he believes the Christian religion springs from Judaism. “You can’t have Christianity without having a literal, historical and spiritual Israel,” he noted.
King plans to pre-file the bill on Nov. 14. Pre-filing gets the paper process started, prior to the next legislative session. The bill will get an HB number, depending on the order filed and assigned.
The next legislative session begins Jan. 10. The bill probably will be referred to a House committee some time in late January. The committee will have a hearing on the bill, most likely in late February.
“Hopefully, the bill will pass out of committee sometime in March,” said King. “My hope is it will get to the House floor in early April. At that time, my hope is it will be taken up in the Texas Senate where the bill’s sponsor is Sen. Brandon Creighton, R- District 4. “I hope to have it passed by both bodies in May. We’ve got to get it done now, since the Texas legislature meets every two years. This bill has a lot of support in both the Jewish and Christian communities.”
The anti-BDS bill would have to be signed by the governor before it becomes law.
Friends, last week I traveled to Williamsburg, VA to participate in a first ever, simulation of an Article V Convention of States. This is a process, set out in Article V of the U.S. Constitution, through which states initiate amendments to our constitution. Our Founders’ intent was that states have an avenue through which to reign in an overreaching federal government should Congress fail to do so. To date, eight of the necessary 34 states have passed resolutions calling for an Article V convention to be convened. More states are expected soon.
Legislative delegates were present from almost every state. It was a successful, and quite possibly, historic exercise. The process was taken very seriously by all participants and proposed amendments were vetted through the convention. Bear in mind that this was a simulation, a dry run, more about process than content.
With that caveat, I wanted to share with you the amendments that came out of the simulation. In a true Article V Convention of States, these amendments would be sent to the states for ratification. It takes 38 states, 3/4, to ratify a constitutional amendment. Once ratified it is the law of the land.
Fiscal Restraints – 1
SECTION 1. The public debt shall not be increased except upon a recorded vote of two-thirds of each house of Congress, and only for a period not to exceed one year.
SECTION 2. No state or any subdivision thereof shall be compelled or coerced by Congress or the President to appropriate money.
SECTION 3. The provisions of the first section of this amendment shall take effect 3 years after ratification.
Fiscal Restraints – 2
SECTION 1. Congress shall not impose taxes or other exactions upon incomes, gifts, or estates.
SECTION 2. Congress shall not impose or increase any tax, duty, impost or excise without the approval of three-fifths of the House of Representatives and three-fifths of the Senate, and shall separately present such to the President.
SECTION 3. This Article shall be effective five years from the date of its ratification, at which time the Sixteenth Article of amendment is repealed.
Federal Legislative & Executive Jurisdiction – 1
SECTION 1. The power of Congress to regulate commerce among the several states shall be limited to the regulation of the sale, shipment, transportation, or other movement of goods, articles or persons. Congress may not regulate activity solely because it affects commerce among the several states.
SECTION 2. The power of Congress to make all laws that are necessary and proper to regulate commerce among the several states, or with foreign nations, shall not be construed to include the power to regulate or prohibit any activity that is confined within a single state regardless of its effects outside the state, whether it employs instrumentalities therefrom, or whether its regulation or prohibition is part of a comprehensive regulatory scheme; but Congress shall have power to define and provide for punishment of offenses constituting acts of war or violent insurrection against the United States.
SECTION 3. The Legislatures of the States shall have standing to file any claim alleging violation of this article. Nothing in this article shall be construed to limit standing that may otherwise exist for a person.
SECTION 4. This article shall become effective five years from the date of its ratification.
Federal Legislative & Executive Jurisdiction – 2
SECTION 1. The Legislatures of the States shall have authority to abrogate any provision of federal law issued by the Congress, President, or Administrative Agencies of the United States, whether in the form of a statute, decree, order, regulation, rule, opinion, decision, or other form.
SECTION 2. Such abrogation shall be effective when the Legislatures of three-fifths of the States approve a resolution declaring the same provision or provisions of federal law to be abrogated. This abrogation authority may also be applied to provisions of federal law existing at the time this amendment is ratified.
SECTION 3. No government entity or official may take any action to enforce a provision of federal law after it is abrogated according to this Amendment. Any action to enforce a provision of abrogated federal law may be enjoined by a federal or state court of general jurisdiction in the state where the enforcement action occurs, and costs and attorney fees of such injunction shall be awarded against the entity or official attempting to enforce the abrogated provision.
SECTION 4. No provision of federal law abrogated pursuant to this amendment may be reenacted or reissued for six years from the date of the abrogation.
Federal Legislative & Executive Jurisdiction – 3
Whenever one quarter of the members of the United States House of Representatives or the United States Senate transmits to the President their written declaration of opposition to any proposed or existing federal administrative regulation, in whole or in part, it shall require a majority vote of the House of Representatives and Senate to adopt or affirm that regulation. Upon the transmittal of opposition, if Congress shall fail to vote within 180 days, such regulation shall be vacated. No proposed regulation challenged under the terms of this Article shall go into effect without the approval of Congress. Congressional approval or rejection of a rule or regulation is not subject to Presidential veto under Article 1, Section 7 of the U.S. Constitution.
Federal Term Limits & Judicial Jurisdiction – 1
No person shall be elected to more than six full terms in the House of Representatives. No person shall be elected to more than two full terms in the Senate. These limits shall include the time served prior to the enactment of this Article.
I’m supporting Donald Trump. I know he’s not perfect but he’s demonstrated at least three qualities that will make him a good president:
He has strong leadership skills;
He surrounds himself with competent advisors; and
His core policy positions are sound.
I know Trump believes in:
Putting America first;
Securing our borders,
Restoring a strong national defense;
Fiscal restraint in government;
Cutting taxes and reducing federal regulation; and
Appointing Supreme Court justices who will follow the Constitution.
I can’t say any of these things about Hillary Clinton. So, for me, this is all pretty simple and I am disappointed when people talk about not voting. Hillary Clinton’s record is well known. Mrs. Clinton will not put America first. She will not secure our borders. She will not build a strong national defense, demand fiscal restraint, cut taxes, reduce regulation or appoint good justices.
How can any Republican sit this one out?
I hope you will join me in supporting our Republican Presidential Nominee, Donald Trump!
Today the US Supreme Court again decided to be a legislature. Four judges decided that abortions do not need to be at medically safe clinics. And that abortion doctors don’t need to be qualified to practice at local hospitals. I am not sure where we go next, but I assure you that I will continue to fight for unborn babies and for the health and safety of women.
Burnett: In 2015, you co-authored a bill preventing municipalities from banning fracking. Why did you feel this bill was needed?
King: Oil and gas deposits don’t stop at city limits. One of our largest natural-gas-producing counties has by itself over 30 municipalities. A patchwork of inconsistent municipal regulations would undermine Texas’ preeminent role in regulating oil and gas development. Furthermore, few cities, if any, have the in-house expertise [needed] to regulate drilling and production. That is not to say cities don’t have a role. Our legislation affirmed a municipality’s authority to regulate aboveground activity, including fire and emergency response, traffic, lights, noise, and reasonable setbacks. Bottom line: Texas must have consistent statewide regulations so natural resources can be developed safely, while protecting the environment, and also in a way that balances legitimate municipal interests with a property owner’s right to develop his or her estate.
Burnett: Texas is one of 27 states challenging the Obama administration’s Clean Power Plan in court. Do you support Texas’ suit, and, if you do, why do you support it?
King: I support Texas’ lawsuit challenging the so-called Clean Power Plan. [This Environmental Protection Agency] regulation is an unprecedented expansion of federal executive power far exceeding the EPA’s authority under Section 111(d) or any other provision of the Clean Air Act. If implemented, the result will be substantially higher priced electricity for homeowners and businesses, along with reduced reliability. The financial impact on low-income families alone is untenable. EPA’s plan also treads heavily on state sovereignty, particularly in Texas, where the majority of our electric grid is independent from the [Federal Energy Regulatory Commission’s] jurisdiction.
In light of the recent stay issued by the U.S. Supreme Court on the CPP, legislatures and governors should unite across the country to suspend state planning activities until such time as the next president is elected and the new administration’s intent with regard to the CPP is known.
Burnett: Many federal regulations seem to have an especially disparate impact on Texas. What can the legislature do to limit the impact federal rules have on Texas businesses and residents?
King: To say federal rules have a disparate impact on Texas is an understatement. No one ever thought, for example, the Clean Air Act [of 1970], the Endangered Species Act [of 1973], or the Clean Water Act [of 1972] could be so brazenly expanded by federal agencies. Our legislature must adequately fund litigation challenging such abuse, and we have to work closely with our congressional counterparts to rein in the federal agencies. Although we look for opportunities beyond this, options are frustratingly limited.
H. Sterling Burnett, Ph.D.([email protected])is a research fellow with The Heartland Institute.
Full Publication: http://news.heartland.org/newspaper-article/2016/03/24/legislative-pulse-texas-state-rep-phil-king-fights-fracking-and-against
