Greetings from Representative Betty Brown

The Henderson County District Clerks Office will be holding a Passport Workshop tomorrow, May 22 from 9:00am to 1:00pm at the Henderson County Judicial Complex located at 109 W. Corsicana in Athens.

Please click on the following for more information:

Passport Workshop Information

Reminder about how you can save money on appliances during third-annual
Texas ENERGY STAR® Sales Tax Holiday

Please see the following link to access more information about this program:

http://www.texaspowerfulsmart.org/

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Rep. Brown Joins Fellow State Legislators in Support for State Board of Education and Curriculum Standards

Nearly forty state legislators have signed a TCC letter supporting the updated social studies standards, which were approved by the majority of the SBOE in March 2010. 

AUSTIN, TEXAS — As the State Board of Education (SBOE) this week prepares to take a final vote to approve updated curriculum standards for social studies, members of the Texas Conservative Coalition (TCC), the conservative caucus of the Texas Legislature, issued their support for the members of the SBOE, and for the updated curriculum standards. 

State Representative Wayne Christian (R-Center), president of the Texas Conservative Coalition, stated: “SBOE members have worked conscientiously and thoughtfully to produce social studies curriculum standards for public schools."  Rep. Christian continued: "The updated social studies standards are the product of nearly eighteen months of input from educators, experts, business and industry leaders, parents, the general public, and State Board of Education members who were duly elected."

Nearly forty state legislators have signed a TCC letter supporting the updated social studies standards, which were approved by the majority of the SBOE in March 2010.  In the TCC letter, members state their support for completing the review process and final adoption of the new, balanced curriculum standards. 

The TCC letter to SBOE members reads, in part:

We would also like to confirm our support for final adoption of the TEKS for Social Studies at the conclusion of your State Board of Education meetings in May 2010.  While no such document can ever be perfect, we believe the final work product is a strong step in the right direction and will give students a fuller understanding of the roots of American history.

Rep. Christian stated: "The Legislature has charged the SBOE with establishing curriculum requirements, and Texas voters have elected these Board members to fulfill this role."

While some have attempted to delay or obstruct the final vote on the curriculum standards, State Representative Rob Eissler (R-The Woodlands), chairman of the House Committee on Public Education and a signatory to the TCC letter, called on the SBOE to proceed: "The updated standards present a balanced approach to American history and social studies, and they will give students a solid understanding of the founding principles of our nation, including the roots of our nation's religious, ethnic, and philosophical heritage." 

Rep. Christian concluded:  "Delaying a final vote on the updated curriculum standards would be a disservice to the voters who elected this Board, to the members who have diligently served their state, and to the hard work and dedication of the many people who have worked together to draft the updated standards.  The State Board of Education has the full support of the Texas Conservative Coalition as they proceed with final adoption of the update curriculum standards, which will provide Texas public school students with a well-rounded and full appreciation of American history and social studies."

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AG Rules Contributions From Teacher Pay Illegal

The Texas Attorney General's Office on Friday released an opinion declaring teacher payroll deductions for political action committees illegal. The following article appeared in the Tyler Morning Telegraph on May 15. Written by Adam Russell.

Attorney General Gregg Abbott stated within the opinion, requested in 2008 by state Rep. Leo Berman, R-Tyler, that "Texas law prohibits school districts from processing such contributions."

Berman requested an opinion "regarding whether state resources may be used to process state payroll deductions for the purpose of political campaign deductions."

The Texas State Teachers Association "strongly objected" to the ruling in a release attributed to the association's Public Affairs Director Richard Kouri.

"This practice, which promotes a school employee's constitutional right to political participation, has been going on for 20 years without any problem," Kouri said. "We can only conclude that Attorney General Abbott is playing politics in an election year by impeding teachers' First Amendment rights. But why?"

Berman said he requested the opinion because Texas law prohibits state personnel to collect, or the use of state equipment to collect, political funds. He said he cannot collect such funds in his office and every other state agency is prohibited as well.

The opinion also cuts into Democratic fundraising, Berman said.

Since 2006, the teachers association has donated $1.6 million to political parties, according to Texas Ethics Commission statistics released by the Republican Party of Texas. More than $1.1 million went to the Democratic Party while $454,465 went to Republicans, or 71 percent to 28 percent respectively.

"This is a victory for me. It's a victory for the Republican Party," said Berman. "Now they will have to send mailers and go door-to-door like every other political action group to raise money."

Clay Robison, teachers' association communication specialist, said the association contributes to both Republican and Democratic candidates based on their position regarding educational policy, not party.

The association's enrollment form, taken from its website, gives the option for teachers to authorize school districts "to deduct the total amount of the annual obligation ($456)" to the professional associations and organizations listed "for political contributions indicated." It authorizes the deduction to continue until written notice is given (if given by Sept. 15 of that year).

Deductions and donations are voluntary. The Texas State Teachers Association is a state affiliate of the National Education Association.

Kouri said the teachers association will "explore every option available to allow educational employees to continue participating in the political process."

The opinion stated "the Legislature's decision not to authorize school districts to process payroll deductions for contributions to political committees would likely withstand a constitutional challenge."

Berman said if the Republican Party of Texas finds that schools are not complying with the opinion, the party will file a writ of mandamus in a state district court to ask the court mandate an end to the practice based on the opinion.

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Representative Betty Brown  presenting Fred Frazier of Terrell a House Resolution in honor of his 100th birthday, which occurred on May 10th.

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Gov. Perry, Lt. Gov. Dewhurst, Speaker Straus Announce 2010-11 State Budget Savings 

The following joint press release from the Leadership Offices was released on May 18th. Representative Brown advocated for the exemption of state hospitals from the budget cuts and is pleased that leadership agreed with this recommendation.

AUSTIN – Gov. Rick Perry, Lt. Gov. David Dewhurst and Speaker Joe Straus today directed the Legislative Budget Board (LBB) staff to notify state agencies to immediately implement budget savings proposals requested by leadership earlier this year. As a result of this action, savings to the current 2010-2011 biennial budget will total approximately $1.2 billion.

“Every penny we save now in the 2010-11 biennium is one penny closer to balancing the budget in the next legislative session,” Gov. Perry said. “These reductions reflect our state’s ongoing commitment to keeping taxes low by limiting government spending, a key aspect of the continued strength of our state’s economy.”

In a joint letter on Jan. 15, 2010, the governor, lieutenant governor and speaker asked each state agency to submit a plan identifying savings in priority increments totaling 5 percent of general revenue and general revenue-dedicated appropriations for the biennium with exemptions for certain programs. Agencies were also instructed to minimize the impact on direct services and potential employee reductions.

“By tightening our belt just like millions of families and Texas businesses are doing every day across the state, we will help ensure Texas’ economy remains the strongest in the nation, while protecting the most vulnerable Texans, promoting job growth and job creation, and keeping all Texans safe,” Lt. Gov. Dewhurst said. “These savings will protect taxpayers' hard-earned money while maintaining essential services vital to the people of Texas.”

After careful review of each agency's savings proposal, several exemptions from the proposed reductions were approved beyond those outlined in the January 2010 letter. Some exemptions include:

• Texas Dept. of Public Safety Homeland and Border Security Funds to continue protecting Texans against all threats;

• State Health Services to maintain state hospital beds;

• Texas Dept. of Criminal Justice to ensure public safety;

• Texas Workforce Commission to maintain job training and job creation programs;

• Higher Education Coordinating Board to maintain increases in student financial aid.

“We cannot afford business as usual, but must make tough choices and put every cost savings idea on the table,” Speaker Straus said. “I am confident we are making and will continue to make thoughtful, responsible decisions to balance our budget, and with the right steps now, we will see continued growth and prosperity for Texas in the future.”

Fiscal Year 2010 funds saved through these budget reductions will be placed in specially created savings accounts set up by the Texas Comptroller's Office and allowed to lapse, leaving those funds available in the next budget cycle. Leadership will continue to closely monitor the Texas economy and state revenues. Each agency's savings plan will be further reviewed through the budget process during the 82nd Legislature, and each may be directed to achieve additional savings or granted additional exemptions.

To view the list of agency savings targets, please visit

http://www.lbb.state.tx.us/External_Links/Expenditure_Reductions/Reductions_With_Adjustments_Targets_0510.pdf.

To view the list of agency exemptions, please visit

http://www.lbb.state.tx.us/External_Links/Expenditure_Reductions/Approved_Exemptions_0510.pdf.

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Need Rural Housing Funds? Contact TDHCA.

There's still time for rural communities to apply for affordable housing funds available through the Texas Department of Housing and Community Affairs (TDHCA).The following was released from TDHCA on May 17th.

The deadline for applying for the Housing Trust Fund (HTF) Rural Housing Expansion Program Notice of Funding Availability (NOFA) is May 28, 2010.   The purpose of the HTF Rural Housing Expansion Program is to provide up to $1,750,000 in funding from the 2010-2011 Housing Trust Fund (HTF) appropriation to further the Department's goal of building capacity in tandem with actual production of affordable housing in rural Texas. 

The Program includes three activities:

1.      Direct Housing Delivery.  A minimum of $1,000,000 may be awarded in the form of zero-interest, deferred, repayable loans or grants, depending on the activity for the purpose of direct housing delivery, with the requirement that other financial resources be leveraged.

2.      USDA Section 502 Direct Loan Application Assistance. $450,000 in funding will be set aside and awarded in the form of grants to rural municipalities, counties, and Nonprofit Organizations packaging and submitting Section 502 Rural Housing Direct Loan Applications through the United States Department of Agriculture (USDA).

3.      Capacity Building Grants. Up to $300,000 may be awarded as capacity building grants, with up to $50,000 of this amount of this amount reserved for Applicants to the USDA Section 502 Direct Loan Application Assistance activity.

Eligible NOFA Applicants: Rural municipalities and rural counties, nonprofit organizations that serve rural communities, or consortia of several such municipalities, counties and/or nonprofit organizations. Full program details, NOFA and application materials are posted to the Housing Trust Fund NOFA webpage at http://www.tdhca.state.tx.us/htf/nofa.htm. 

Request for Proposal for a Technical Assistance (TA) Provider Request for Proposal

On May 10, 2010,  TDHCA  released a TA Provider Request for Proposal (RFP) related to the HTF Rural Expansion Program described above.  The response deadline for the RFP is June 25, 2010.  For more information, see the Request for Proposal at http://esbd.cpa.state.tx.us/bid_show.cfm?bidid=88717 or contact Julie Dumbeck at (512) 475-3991 or julie.dumbeck@tdhca.state.tx.us .

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Texas Attorney General Abbott and the EPA

The following summary of the Attorney General's lawsuit against the Environment Protection Agency was provided by the Texas Conservative Coalition.

The federal government has kept Texas Attorney General Greg Abbott very busy lately defending Texans from unprecedented overreaches of federal power.  In addition to his lawsuit challenging the constitutionality of the health care reform, the Texas Attorney General has also filed a lawsuit against the Environmental Protection Agency (EPA) challenging the process they used in deciding to regulate carbon emissions.

Attorney General Abbott’s lawsuit does not challenge the theory of global warming, but instead challenges the process by which EPA determined the gas emissions to be harmful pollutants. The Attorney General asserts that EPA should “conduct a scientifically valid process before making a decision that could cost Americans trillions of dollars and thousands of jobs.”  The costly and punitive measures EPA is considering to curb carbon emissions will have devastating effects on both the Texas and national economies.

The Supreme Court case Massachusetts vs. EPA found that EPA has the power under the Clean Air Act to issue an endangerment finding on carbon emissions emitted by motor vehicles.  The court held that in order to issue the endangerment finding, the EPA Administrator must determine by scientific assessment whether carbon emissions “cause or contribute to air pollution which may reasonably be anticipated to endanger public health or welfare.”  Though the Court’s decision did not explicitly address other producers of carbon emissions, such as factories or power plants, the agenda of EPA and the current Administration suggest that the carbon endangerment finding is a prerequisite to regulating carbon emissions, regardless of their source.  In other words, power plants, factories, and other industrial sources are next. 

In fact, the Obama administration recently declared that carbon dioxide and five other industrial emissions “threaten the planet.”  According to the Wall Street Journal, “the landmark decision lays the groundwork for federal efforts to cap carbon emissions -- at a potential cost of billions of dollars to businesses and government.” EPA Administrator Lisa Jackson noted in a memo to her staff that this is "the first formal recognition by the U.S. government of the threats posed by climate change."

Before issuing an endangerment finding, EPA was required to conduct a scientific assessment to prove a substance is a danger to public health and welfare. Instead of conducting their own research, EPA relied heavily on the findings of the United Nations’ Intergovernmental Panel on Climate Change (IPCC); which has been recently mired in scandal and whose assessment has been widely discredited.  The studies that led EPA to their decision have been manipulated, lost or destroyed, and often evaded peer review. 

Recently a group of 40 auditors, including scientists and public policy experts from across the globe “graded” the IPCC on its climate change research report.  21 chapters in the IPCC report received an “F” for citing peer-reviewed sources less than 60 percent of the time.  When sources were cited, they often included press releases, newspaper and magazine clippings, student theses, newsletters, discussion papers, and literature published by environmental alarmists.  “Not the stuff of rigorous science,” as General Abbott points out.

The Attorney General asserts that EPA abandoned thorough, arduous and objective science in favor of political science.  He summarizes his lawsuit simply; “because the EPA failed to do its own independent scientific review, I am asking the court to order the EPA to do it.”  This is important: Whatever method of limiting carbon emissions the EPA administrator decides will undoubtedly come with a price, which will not be felt only by the industries affected, but also by citizens, as the punitive consequences of the regulation trickle down to everyday purchases. 

Texas will be hardest hit by EPA regulations.  The state is the nation’s leading electricity-producing state, and produces three times as much electricity as New England.  Sixty percent of the petrochemicals produced in the United States are produced in Texas, and thirty percent of U.S. gasoline and diesel refining occurs in Texas.  These heavy industries are essential for the country, and Texas is shouldering a huge share of the burden of providing bulk refined materials for the rest of the country’s industry (plastics, fertilizers, etc.).  Texas will most certainly be unfairly penalized as a result of shouldering this load.

Furthermore, Texas does not need federal government intervention in environmental matters.  Texas has a strong record of enacting state-level legislation to improve the environment for all Texans.  For example, as a result of targets established by the Texas Legislature in 1999 and expanded in 2005, Texas now has more installed wind generation capacity than any other state in the nation and all but four countries internationally.  Since 2004, no other state in the nation has reduced power-sector CO 2 emissions more than Texas.  Texas is also a national leader in new energy technologies such as enhanced oil recovery, carbon capture and sequestration, and the development of a smart grid and advanced metering systems that reduce energy inefficiency.  Innovation, it seems, is a far more powerful environmental tool than regulation. 

The federal government’s regulation of carbon emissions will cost Texas and the United States trillions of dollars, hundreds of thousands of jobs, require every American to spend more money on everyday items, and will result in significantly larger energy bills.  Given the gravity of the repercussions of the endangerment finding, and the false science on which it was based, EPA should be required do their own research.

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Information Regarding Deep Water Horizon/British Petroleum Oil Spill

The following information was sent to the Legislature on May 14th from the General Land Office.

• The Oil Spill Prevention and Response Program of the General Land Office (GLO) continues to closely monitor the cleanup and migration of the sweet Louisiana crude being discharged from the leaking riser fifty miles off the SE coast of Louisiana.  The closest observed oil to Texas is still over 160 miles from Sabine Pass.

• Oil spill trajectory models, fed by data gathered from the GLO’s offshore buoy network indicate virtually no westward movement for the next three days.  Weather predictions for next week indicate the possibility of some slight westward movement.

• If oil washes ashore along the Texas coast it will be in the form of tar balls and tar patties, not like the floating streamers of oils shown on nightly news.  Oil is not expected to make landfall (if at all) for another two weeks.

• Any tar that makes landfall on Texas beaches from the leaking well is BP’s responsibility.  Tar balls and tar patties are typically raked or shoveled off the beach and placed in plastic bags for disposal.  BP will fund all removal costs associated with removing the tar from the beach.

• The tar removal response effort will be coordinated by the Unified Command, comprised of representatives from BP, the U.S. Coast Guard and the GLO.  The Unified Command will also work with local stakeholders to gather their concerns and address any issues raised.

• Meetings between GLO and local stakeholders have already taken place in Brownsville, Corpus Christi, Dickinson, Angleton and Port Arthur.  The GLO has also met with each of the three U.S. Coast Guard Captains with responsibility for the Texas coast.  The GLO is also sending a representative to the Area Command location in Louisiana next week for a high level meeting with BP and the USCG. 
• The GLO has provided direct assistance to the response effort and sent 1000 feet of fire boom and two wildlife rehabilitation trailers to Louisiana and Mississippi, respectively.  No other assistance has been requested.

• According to the Texas Department of Agriculture (TDA), nearly $200 million in aquaculture products are harvested by Texas businesses from the Gulf each year.  TDA is working with potentially affected aquaculture businesses to coordinate any relief efforts that may become necessary.

• The National Oceanic and Atmospheric Administration (NOAA) has closed to commercial and recreational fishing an area equal to 8% of the Gulf’s Exclusive Economic Zone. None of these areas are in Texas coastal waters. NOAA advises that the public should not be concerned about the safety of seafood they are buying at this time.

Up to date information can be obtained from the Unified Command web site www.deepwaterhorizonresponse.com or by contacting the GLO.

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First elected in 1998, Representative Betty Brown is currently serving her sixth (two year) term in the Texas House of Representatives, representing Henderson and Kaufman Counties. She is a Kaufman County native.  Representative Brown serves on the Elections Committee as well as the Agriculture and Livestock Committee.  Her leadership roles include serving on the Legislative Reference Library Board, the Agriculture Policy Board, the Republican Caucus Internal Communications Committee, and the Texas Conservative Coalition. 

The Texas House of Representatives is an Equal Opportunity Employer and does not discriminate on the basis of race, color, national origin, sex, religion, age, or disability in employment or in the provision of services. This newsletter is available in alternate forms upon request. Please call 1 (877) 946-7700.