From The Texas Tribune: Southwest Airlines’ holiday meltdown brings on federal investigation.
Dallas-based Southwest Airlines faces a federal investigation into whether it violated its own legally required customer service plan amid a blizzard of flight cancellations that ruined plans and angered travelers over the Christmas holiday.
In a statement late Monday, officials at the U.S. Department of Transportation called the service meltdown, which resulted in the cancellation or delay of most of the carrier’s flights over the holiday weekend, “disproportionate and unacceptable.”
As Winter Storm Elliott started to wreak havoc on a large chunk of the U.S., the vast majority of canceled flights across the nation were operated by Southwest Airlines. And air travelers’ woes are likely to continue this week.
“USDOT is concerned by Southwest’s unacceptable rate of cancellations and delays & reports of lack of prompt customer service,” the agency posted on Twitter on Monday evening. “The Department will examine whether cancellations were controllable and if Southwest is complying with its customer service plan.”
Transportation Secretary Pete Buttigieg tweeted shortly after that he was “tracking [the issue] closely” and would have more to say about this Tuesday.
Late Tuesday afternoon, the DOT said on Twitter that Buttigieg had spoken “with union leaders and the CEO of Southwest Airlines to convey the Department’s expectation that Southwest meet its obligations to passengers and workers and take steps to prevent a situation like this from happening again.”
Southwest officials said in a message to employees, obtained by the The Dallas Morning News on Tuesday, that staffing issues were a large part of the reason the planes were being grounded after pilots and other staff couldn’t get to the airports where they were needed.
Tuesday, December 27, 2022
Monday, December 26, 2022
The Donor Community
I heard this term recently. A potential presidential candidate was noted to have made a visit to potential donors - no big surprise. Before one decides to run for office - and intends to win - she had to figure out if she has the funds to do so.
The community of wealthy people interested in influencing the political process can help her make that decision.
Some random links:
- 5 Ways Candidates Can Ask for Campaign Money.
- Party Polarization and Campaign Finance.
- Why Biden Donors Are Frustrated: Hurt Feelings and Voting Rights Alarm.
- GOP donors rattled by Donald Trump.
From Wikipedia: Seasteading
A possible new type of governing system.
- Click here for the entry.
Seasteading is the concept of creating permanent dwellings at sea, called seasteads, in international waters outside the territory claimed by any government. No one has yet created a structure on the high seas that has been recognized as a sovereign state. Proposed structures have included modified cruise ships, refitted oil platforms, and custom-built floating islands.[1]
While seasteading gives an impression of freedom from unwanted rules and regulations, the high seas are "some of the most tightly regulated places on Earth" despite appearing borderless and free; in particular the cruise ship industry is highly regulated.[4]
The term seasteading is a blend of sea and homesteading, and dates back to the 1960s.
H.R.6494 - SCAM PAC Act
They just want your money. While they promise to collect money to support candidates and issues, it all ends up in their pockets.
A bill has been introduced to address them
- Text - H.R.6494 - 117th Congress (2021-2022): SCAM PAC Act.
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For commentary:
- From Politico: House Democrats introduce bill to rein in scam PACs.
- New York Times: Three Men Charged With Running ‘Scam PACs’ That Bilked Small Donors.
- Brennan Center: Beware of ‘Scam PACs’ and PACs that Scam.
From Axios: Medicaid enrollment to top 100 million
The largest single source of federal funds in Texas is through Department of Health and Human Services in order to fund Medicaid, specifically client services. This refers to funding to those with limited income and resources to help with healthcare costs. Due to recent expansions of assistance, that number has passed 100 million.
- Texas HHS: About Medicaid & CHIP.
- Benefits.gov: Texas Benefits.
- Wikipedia: Medicaid.
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- Click here for the article.
The number of Americans on Medicaid is expected to surpass 100 million as early as next month, according to a new projection from the Foundation for Government Accountability.
Why it matters: The record uninsured rate — achieved through both ACA subsidies and Medicaid expansion — has been a point of pride for the Biden administration, particularly in light of stark health disparities exacerbated by the pandemic.
Yes, but: The right-leaning think tank FGA points out, the record Medicaid enrollment means nearly 1 in 3 Americans will be on the federal government's rolls.
State of play: Under the COVID public health emergency, the state Medicaid agencies are required to continue health care coverage for all medical assistance programs, even if someone's eligibility changes.Per the Kaiser Family Foundation, enrollment in Medicaid and the Children's Health Insurance Program has increased in every state since the start of the pandemic.
According to an FGA projection, there are about 98 million people on Medicaid with at least 21 million of those enrollees earning too much money to qualify.KFF estimates between 5.3 million and 14.2 million Medicaid enrollees could be disenrolled after the end of the health emergency and its continuous enrollment requirement.
Go deeper:
Omnibus to include Medicaid deal, FDA reforms
Study: Most Medicaid enrollees unprepared for safety net redeterminations
- Texas HHS: About Medicaid & CHIP.
- Benefits.gov: Texas Benefits.
- Wikipedia: Medicaid.
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- Click here for the article.
The number of Americans on Medicaid is expected to surpass 100 million as early as next month, according to a new projection from the Foundation for Government Accountability.
Why it matters: The record uninsured rate — achieved through both ACA subsidies and Medicaid expansion — has been a point of pride for the Biden administration, particularly in light of stark health disparities exacerbated by the pandemic.
Yes, but: The right-leaning think tank FGA points out, the record Medicaid enrollment means nearly 1 in 3 Americans will be on the federal government's rolls.
State of play: Under the COVID public health emergency, the state Medicaid agencies are required to continue health care coverage for all medical assistance programs, even if someone's eligibility changes.Per the Kaiser Family Foundation, enrollment in Medicaid and the Children's Health Insurance Program has increased in every state since the start of the pandemic.
According to an FGA projection, there are about 98 million people on Medicaid with at least 21 million of those enrollees earning too much money to qualify.KFF estimates between 5.3 million and 14.2 million Medicaid enrollees could be disenrolled after the end of the health emergency and its continuous enrollment requirement.
Go deeper:
Omnibus to include Medicaid deal, FDA reforms
Study: Most Medicaid enrollees unprepared for safety net redeterminations
From the Houston Chronicle: Final approval for Ike Dike included in must-pass defense bill
A good example of fiscal federalism, which is defined as: financial relations between units of governments in a federal government system. . . . The theory of fiscal federalism assumes that a federal system of government can be efficient and effective at solving problems governments face today, such as just distribution of income, efficient and effective allocation of resources, and economic stability.
In this case, the national government is helping fund a costly infrastructure project that will protect an industry that impacts the national, state, and local economy. The precise funding mechanism is an appropriations bill designed to allow spending for defense purposes. Since the Ike Dike is designed to protect
- Click here for the article.
The annual defense bill that Congress is working to pass by the end of the year includes final approval for the plan to build the coastal barrier known as the "Ike Dike" at the mouth of Galveston Bay — likely ensuring that the long-sought, $31-billion dollar project will finally get the green light from the federal government.
. . . Legislation approving the barrier cleared both chambers this summer. But that bill, the Water Resources Development Act, stalled in negotiations, with lawmakers ironing out differences in the House and Senate versions. It has now been rolled into the annual defense bill, must-pass legislation almost certain to be signed into law by President Joe Biden.
. . . Once fully constructed, the Army Corps of Engineers estimates, the project will save $2.2 billion in storm damages every year, though how useful the gates will be when they are complete — or over the half-century or more that the structure is expected to operate — remains to be seen. Like any other levees or dams, the barrier could fall short or fail to hold back the biggest storm surges.
The defense bill has bipartisan support and is expected to pass both the House and Senate soon.
. . . Plans call for a gated structure stretching across the mouth of Galveston Bay and the Houston Ship Channel, as well as 43 miles of dunes protecting the Galveston and Bolivar Peninsula coastline, a "ring levee" that would protect the north side of Galveston island and ecosystem restoration extending southwest to South Padre Island.
It is also costly. The federal government would pay at least $19 billion, and the local region would on the hook for some $11 billion more. The state legislature created an entity called the Gulf Coast Protection District and gave it power to impose taxes for the project in the future.
The defense bill does not include funding for the project, meaning Congress will have to approve spending on it at a later date, something lawmakers have acknowledged could be a "heavy lift."
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Wikipedia: Ike Dike.
- Gulf Coast Protection District.
- Water Resources Development Act of 2022.
- H.R.7776 - James M. Inhofe National Defense Authorization Act for Fiscal Year 2023.
- BRACE FOR THE STORM: The Ike Dike will transform Galveston. See how in a fly-through tour.
Sunday, December 25, 2022
The 88th Regular Session of the Texas Legislature
A few links to help us explore what's its up to.
I'll build on this over the course of the semester.
- Texas Tribune: 2022 Primary Results.
- Texas Tribune: 2022 General Election Results.
- Texas Secretary of State: 2022 Election Results.
- LRLT: Summary of the 88th Legislature.
- Texas Tribune: Campaign finance.
- Texas Ethics Commission: Search Campaign Finance Reports.
- Texas Tribune: Texas Legislature 2023.
- LRLT: Dates of Interest for the 88th Regular Session.
- Texas Legislature Online.
- Texas House of Representatives.
- House Research Organization.
- TLO: Filed House Bills.
- Texas Senate.
- Senate Research Center.
- TLO: Filed Senate Bills.
- TLO: Fiscal Size-Up.
- TLO: Legislative Statistics.
- Texas Tribune: As the share of white Texans continues to shrink, the Legislature remains mostly white and male.
12/7/22 - Texas Tribune: Texas House Democratic Caucus elects Trey Martinez Fischer as its new chair.
Texas Local Government Code
- Click here.
The major parts:
TITLE 1. GENERAL PROVISIONS
TITLE 2. ORGANIZATION OF MUNICIPAL GOVERNMENT
TITLE 3. ORGANIZATION OF COUNTY GOVERNMENT
TITLE 4. FINANCES
TITLE 5. MATTERS AFFECTING PUBLIC OFFICERS AND EMPLOYEES
TITLE 6. RECORDS
TITLE 7. REGULATION OF LAND USE, STRUCTURES, BUSINESSES, AND RELATED ACTIVITIES
TITLE 8. ACQUISITION, SALE, OR LEASE OF PROPERTY
TITLE 9. PUBLIC BUILDINGS AND GROUNDS
TITLE 10. PARKS AND OTHER RECREATIONAL AND CULTURAL RESOURCES
TITLE 11. PUBLIC SAFETY
TITLE 12. PLANNING AND DEVELOPMENT
TITLE 13. WATER AND UTILITIES
TITLE 14. PARKING AND TRANSPORTATION
Laws related to Women, Children, Families, and Marriage
Contemporary Law:
- Family Code.
- Texas Family Law Handbook.
- Child Custody and Support.
- Family District Courts of Harris County.
- The Constitutional Rights of Children.
History
- Texas State Historical Association: Women and the Law.
- History of Collaborative Divorce Texas.
- A New Day for Children.
- Texas Tribune: Federal Judge: Texas Foster Care System Violates Children's Rights.
Labor, Slavery, and Peonage in Texas
Current Labor Laws:
- Texas Workforce Commission: Employee Rights & Laws.
- FindLaw: Texas Employment Laws.
-
-
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- Penal Labor.
- History of slavery in Texas.
- 13th Amendment.
- Texas Black Codes.
- Texas State Historical Foundation: Raymondville Peonage Cases.
Who has the power? Divine Right vs. Popular Rule
A significant dispute between the British monarchy and parliament during the reign of the Stuart Monarchs.
Who is in charge and why?
- Is the king in charge because God said so?
- Or are the people in charge - popular sovereignty - because they agree to form the existing governing system including a separate equally powerful legislature?
- The answer has a significant impact on the nature of power - is it concentrated or separated?
Divine Right: Power has been vested by God in specific individual who then acts as "God's Lieutenant" on earth. Any power delegated to others is done as a discretionary favor by the monarch.
- Britannica: Divine Right of Kings.
- Wikipedia: Divine Right of Kings.
- The True Law of Free Monarchies.
- Patriarcha.
- Divine Right.
Popular Rule: People - whoever that term refers to - are equal in terms of their relationship with a deity. they each possess independent power, but must then must determine how best to secure themselves from threats to their property and freedom.
Key text from the U.S. Declaration of Independence: We hold these truths to be self-evident: That all men are created equal; that they are endowed by their Creator with certain unalienable rights; that among these are life, liberty, and the pursuit of happiness; that, to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed; that whenever any form of government becomes destructive of these ends, it is the right of the people to alter or to abolish it, and to institute new government, laying its foundation on such principles, and organizing its powers in such form, as to them shall seem most likely to effect their safety and happiness.
- Parliaments, 1604-1629: The reigns of James I and Charles I.
- Britannica: Two Treatises of Government.
- Britannica: Two Treatises of Government.
Popular rule in the preambles of the U.S. and Texas Constitutions:
The Preamble of the U.S. Constitution: We the People of the United States . . . do ordain and establish this Constitution for the United States of America.
The Preamble of the Texas Constitution: Humbly invoking the blessings of Almighty God, the people of the State of Texas, do ordain and establish this Constitution.
You Tube:
- Charles I enters the House of Commons.
- Queen's Black Rod has door slammed in his face by MPs.
- Wikipedia: Black Rod.
- Trial of King Charles.
- Execution of Charles I, 30th January 1649.
Who is in charge and why?
- Is the king in charge because God said so?
- Or are the people in charge - popular sovereignty - because they agree to form the existing governing system including a separate equally powerful legislature?
- The answer has a significant impact on the nature of power - is it concentrated or separated?
Divine Right: Power has been vested by God in specific individual who then acts as "God's Lieutenant" on earth. Any power delegated to others is done as a discretionary favor by the monarch.
- Britannica: Divine Right of Kings.
- Wikipedia: Divine Right of Kings.
- The True Law of Free Monarchies.
- Patriarcha.
- Divine Right.
Popular Rule: People - whoever that term refers to - are equal in terms of their relationship with a deity. they each possess independent power, but must then must determine how best to secure themselves from threats to their property and freedom.
Key text from the U.S. Declaration of Independence: We hold these truths to be self-evident: That all men are created equal; that they are endowed by their Creator with certain unalienable rights; that among these are life, liberty, and the pursuit of happiness; that, to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed; that whenever any form of government becomes destructive of these ends, it is the right of the people to alter or to abolish it, and to institute new government, laying its foundation on such principles, and organizing its powers in such form, as to them shall seem most likely to effect their safety and happiness.
- Parliaments, 1604-1629: The reigns of James I and Charles I.
- Britannica: Two Treatises of Government.
- Britannica: Two Treatises of Government.
Popular rule in the preambles of the U.S. and Texas Constitutions:
The Preamble of the U.S. Constitution: We the People of the United States . . . do ordain and establish this Constitution for the United States of America.
The Preamble of the Texas Constitution: Humbly invoking the blessings of Almighty God, the people of the State of Texas, do ordain and establish this Constitution.
You Tube:
- Charles I enters the House of Commons.
- Queen's Black Rod has door slammed in his face by MPs.
- Wikipedia: Black Rod.
- Trial of King Charles.
- Execution of Charles I, 30th January 1649.
Why do you have to take this class? Part 2
Aside from the lofty goals described in the previous post, the real answer is because you have to.
You already know this. It's an exercise in raw power - sort of - by the state of Texas.
It's part of the core curriculum established by the Texas Higher Education Coordinating Board. In order to graduate with a degree from a public institution in Texas you have to take a defined set of classes that will educate you broadly. It's part of an implicit deal you struck with the state when you decided to attend a public institution rather a private one. Places like Houston Baptist University, Rice, and Baylor don't require these classes. The state can't enforce this requirement because these institutions do not receive state funding. We do.
- The Texas General Education Core Web Center.
Since we are state agencies - just like Houston, A&M, Tech, and all the rest - we receive funding to subsidize the costs of your attendance. That means we have to play by the state's rules. And so do you. Not that you don't have options of course. You can always decide to attend a private institution, or not attend an higher of higher education at all.
That last part might seem extreme, but its true. You consented to take this class when you decided to attend ACC - which is a state agency. In addition, depending upon what you intend to study, you will be required to take additional classes focused on that area of study. If you wish to be a nurse, you have to take a curriculum created with the assistance of the leaders of the nursing profession, implemented and enforced by state agencies like ACC.
Personally, I'm glad you signed up. Welcome.
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I want to use this requirement - GOVT 2305 and / or GOVT 2306 - to introduce you to a variety of topics that we will cover in class. The irony here, is that we can use this very class as a subject of study - which is getting me confused and making my head hurt.
In the previous section I discussed how the framers of the US and Texas governments wanted an educated population in charge of the government. As we will cover later, this didn't originally mean that education was made available to everyone. Limits on participation were supplemented by limits on education. But for those who were demographically eligible for participation once they came of age, an governmental system was created that educated them properly.
I want to walk through it, as it still form the basis of the current education system.
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- Texas Declaration of Independence.
- Texas Constitution, Article 7.
- - Mentions of education in previous Texas Constitutions.
- - The original 1876 Texas Constitution, Article 7
- Gilmer Akin Laws.
- Texas Education Code.
- Texas Administrative Code, Title 19.
- Texas Fiscal Size-Up, Agencies of Education.
- Texas Essential Knowledge and Skills.
- Texas School Finance: Doing the Math on the State’s Biggest Expenditure.
- A Brief History of Public Education in Texas.
- TSHA: Higher Education.
- Financing Public Higher Education in Texas.
- Junior College Movement.
- Alvin Community College.
- Public Universities.
- Texas Southern University.
- University of Houston.
- Texas Independent School Districts.
- Alvin Independent School District.
- Pearland Independent School District.
- Texas Higher Education Coordinating Board.
- Texas State Board of Education.
- Texas Education Agency.
Why do you have to take this class? Part 1
The short answer is that you have to - it is required by the state of Texas in order for you to get a degree from a public college or university. But I'll cover that in the next section.
Here I want to cover the role that education was supposed to play in a system of self government according to the framers of the U.S. Constitution. It was considered necessary. An uneducated electorate lacks the skills necessary to govern effectively, or more importantly, ensure that a tyranny does not slowly develop and impose itself upon the populace. This make happen if the popular, limited constitutional system is not upheld.
A commonly repeated quote attributed to Benjamin Franklin makes the point. Here's the story:
Benjamin Franklin: The source of this quotation is a journal kept by James McHenry (1753-1816) while he was a Maryland delegate to the Constitutional Convention. On the page where McHenry records the events of the last day of the convention, September 18, 1787, he wrote: “A lady asked Dr. Franklin Well Doctor what have we got a republic or a monarchy – A republic replied the Doctor if you can keep it.” Then McHenry added: “The Lady here alluded to was Mrs. Powel of Philada.” The journal is at the Manuscript Division of the Library of Congress.
A republic is a governing system based indirectly on the people. This is why it is called a system of self rule. Through their votes, the people have influence over how they are ruled. They can offer their consent to existing policy by keeping the same people in charge, or withdraw that consent by changing them.
A monarchy is based on the monarch. This applies to any system headed by an autocrat who has absolute power. Until the late 1680s, the British monarch claimed to rule by divine right. The people had no say in how they were ruled. They couldn't even judge the king - only God could do that. This isn't entirely true since different groups had sufficient power to push back against the monarch, but that often involved violence, like when the British Parliament had Charles the Firsts head chopped off.
These systems do not require an educated population. In fact, its best if the population remains uneducated, and certainly illiterate. Ideas can evolve and information spread in such a situation.
But a system of self-rule requires an educated ruling class. And in a system of self-rule - assuming broad participatory rights - we are all members of the ruling class, at least potentially. Which means we all have to be educated.
Later we will discuss the gradual expansion of suffrage - participatory rights - and note that early limits on suffrage were justified due to the limited access to education.
The following quote from Alexander Hamilton makes this clear. He did not care for the public's opinion about the recently signed constitution since he did not think most people were in a position to properly evaluate it:
Alexander Hamilton: For my part, I am not much attached to the majesty of the multitude, and therefore waive all pretensions (founded on such conduct), to their countenance. I consider them in general as very ill qualified to judge for themselves what government will best suit their peculiar situations; nor is this to be wondered at. The science of government is not easily understood. . . . men of good education and deep reflection, only, are judges of the form of a government; whether it is constituted on such principles as will restrain arbitrary power, on the one hand, and equal to the exclusion of corruption and the destruction of licentiousness on the other; whether the New Constitution, it adopted, will prove adequate to such desirable ends, time, the mother of events, will show. - Ceasar #2.
There are two aspects of this point. The first regards access to education - which was largely limited to the wealthy since there was no public education as we would recognize it today. Families who could afford private tutors, and did not need the labor of their children, were able to ensure they were educated. Those could not afford tutors were unable to do so. An understanding of "the science of government" was limited to this group of people.
Wealth also provided these people, once educated, the ability to apply that education to current circumstance. They had the leisure to follow and contribute to ongoing issues, especially those on a national and international scale. It took money to participate in many of the political events of the revolutionary period, such as the continental congresses.
In addition, the idea that one is not limited by the need to engage in wage labor meant that they had time to think about issues and not act rashly. While this ensured that political decisions were made intelligently, it also limited participation and gave the wealthy the ability to maintain power. This helps explain the efforts to keep certain populations relatively uneducated, in some cases make it illegal to educate them.
The following quote by one of the authors of the Federalist Papers, and the first Chief Justice of the Supreme Court makes this point clearly.|
“Those who own the country ought to govern it.” - John Jay
- Who was John Jay anyway?
Nevertheless, expectations were that the United States would aggressively move westward, which required that educational opportunities be broadened in order to ensure adequate governance in the newly established territories and states.
Thomas Jefferson was a leading advocate of expanding access to public education, though may of his efforts were initially unsuccessful. This is the preamble to one of these attempts:
Thomas Jefferson: Whereas it appeareth that however certain forms of government are better calculated than others to protect individuals in the free exercise of their natural rights, and are at the same time themselves better guarded against degeneracy, yet experience hath shewn, that even under the best forms, those entrusted with power have, in time, and by slow operations, perverted it into tyranny; and it is believed that the most effectual means of preventing this would be, to illuminate, as far as practicable, the minds of the people at large, and more especially to give them knowledge of those facts, which history exhibiteth, that, possessed thereby of the experience of other ages and countries, they may be enabled to know ambition under all its shapes, and prompt to exert their natural powers to defeat its purposes. - A Bill for the More General Diffusion of Knowledge.
Here he provides an idea about what an educated person should be able to do. The constitutional system separates the three major functions of government, and establishes a system of checks and balances to maintains that separation. But this can fail if the electorate is not aware of the mechanisms that ambitious people have used in the past to consolidate power.
We should not only understand what has happened in the past, but be able to access and interpret information about current events in order to determine whether such efforts are underway today. He would almost certainly suggest that these efforts are always underway.
As a final point, we should have access to information along with the literacy necessary to understand it.
The people are the only censors of their governors: and even their errors will tend to keep these to the true principles of their institution. To punish these errors too severely would be to suppress the only safeguard of the public liberty. The way to prevent these irregular interpositions of the people is to give them full information of their affairs thro’ the channel of the public papers, & to contrive that those papers should penetrate the whole mass of the people. The basis of our governments being the opinion of the people, the very first object should be to keep that right; and were it left to me to decide whether we should have a government without newspapers or newspapers without a government, I should not hesitate a moment to prefer the latter. But I should mean that every man should receive those papers & be capable of reading them. - Liberty Fund
I know of no safe repository of the ultimate powers of the society but the people themselves; and if we think them not enlightened enough to exercise control with a wholesome discretion, the remedy is not to take it from them, but to inform their discretion by education. - Thomas Jefferson
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Texas:
Texas Declaration of Independence: [The Mexican Government] has failed to establish any public system of education, although possessed of almost boundless resources, (the public domain,) and although it is an axiom in political science, that unless a people are educated and enlightened, it is idle to expect the continuance of civil liberty, or the capacity for self government. - Texas State Library.
Texas Constitution. Article 7, Section 1 - A general diffusion of knowledge being essential to the preservation of the liberties and rights of the people, it shall be the duty of the Legislature of the State to establish and make suitable provision for the support and maintenance of an efficient system of public free schools.
All of these quotes suggest a relationship between an educated population and a population capable of self-government. Expansions in suffrage tended to be accompanied by expansions of educational opportunities. Conversely, restrictions in education helped solidify restrictions in suffrage, as well as access to the polls even if suffrage had been granted.
We explore this relationship in 2306 when we look at education policy, since education is primarily a power reserved to the states, but the national government has played a role in creating educational academies for the military and establishing land-grant universities on federal land.
Here are a few links that take us through the establishment of educational institutions in Texas and the United States. Not that the creation of these institutions on the state level includes the creation of independent school districts and community college districts.
- legal education.
- The Big Three.
- Some Colleges Have More Students From the Top 1 Percent Than the Bottom 60. Find Yours.
- Education in the Thirteen Colonies.
- Education during the slave period in the United States.
- History of the United States Military Academy.
- Morrill Land-Grant Acts.
- Vocational Education.
- Junior College Movement.
- High school movement.
- Texas Higher Education Coordinating Board.
Regulatory Policy in Texas
What is Regulatory Policy?
Definitions:
- OECD:
Regulatory policy is about achieving government's objectives through the use of regulations, laws, and other instruments to deliver better economic and social outcomes and thus enhance the life of citizens and business.
- 360factors:
Governments influence and control the markets using different tools. There’s the monetary policy, in which the governments affect market movements by changing the influx and availability of currency. There are fiscal policies, which define what type of business activity will be encouraged and supported. Then there is the regulatory policy – where the government creates administrative law and regulatory policy to regulate business activity. Regulatory policy is much more direct than either fiscal or monetary policy, because it explicitly restricts and permits business activities and defines limits of acceptable processes and strategies.
- Wikipedia (regulatory economics):
Regulation is generally defined as legislation imposed by a government on individuals and private sector firms in order to regulate and modify economic behaviors.[1] Conflict can occur between public services and commercial procedures (e.g. maximizing profit), the interests of the people using these services (see market failure), and also the interests of those not directly involved in transactions (externalities). Most governments, therefore, have some form of control or regulation to manage these possible conflicts. The ideal goal of economic regulation is to ensure the delivery of a safe and appropriate service, while not discouraging the effective functioning and development of businesses.
- Britannica:
Regulation has a variety of meanings that are not reducible to a single concept. In the field of public policy, regulation refers to the promulgation of targeted rules, typically accompanied by some authoritative mechanism for monitoring and enforcing compliance.
In political economy, it refers to the attempt of the state to steer the economy, either narrowly defined as the imposition of economic controls on the behaviour of private business or, more broadly, to include other governmental instruments, such as taxation or disclosure requirements. The two meanings share a focus on the state’s attempt to intervene in private activities.
A third definition of regulation moves beyond an interest in the state and focuses on all means of social control, either intentional or unintentional. This understanding is commonly applied in anthropology, sociolegal studies, and international relations because it includes mechanisms such as voluntary agreements or norms that exercise social control outside the reach of a sovereign state and not necessarily as an intentional act of steering.
In a sense, all government policies and agencies involve regulations of some sort. This applies to all aspects of state and local policy including education, health and human services, economic development, criminal justice and natural resources.
The following chapter in the Fiscal Size-Up covers those agencies that aren't placed in a different specific chapter. The principle reason for this is that they regulate private industries. For various reasons, each has become regulated by the state. The impetus can be either a desire by outside forces to impact their practices, or internal forces in order to protect themselves.
Each agency has its own unique history.
Check them out - you might find yourself dealing with a few, if you haven't already.
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- FSU: Chapter 11- Regulatory Agencies.
Regulatory agencies are the state agencies charged with the regulation of a wide range of industries and occupations in the state. Regulated industries include insurance, workers’ compensation, health-related occupations, non-health-related occupations, telecommunications, electric utilities, securities, and pari-mutuel racing. Th e appropriations and indirect costs for 18 of the regulatory agencies are supported by fees generated from the industries and occupations they regulate. Th ese agencies are subject to a legislative requirement that fee-generated revenues cover the cost of agency appropriations and the other direct and indirect costs appropriated to other state agencies.
These are the agencies listed in this chapter. I've linked you to the information provided by each by the Sunset Review Commission.
- State Office of Administrative Hearings. PURPOSE: Conduct fair, objective, prompt, and efficient
administrative hearings and alternative dispute resolution
proceedings for contested cases at agencies that do not employ an
administrative law judge to arbitrate such disputes. (p.475)
- Office of Injured Employee Counsel. PURPOSE: Assist, educate, and advocate on behalf of the injured employees of Texas. By statute, the Office of Injured Employee Counsel (OIEC) is attached administratively to the Texas Department of Insurance, Division of Workers’ Compensation.
- Department of Insurance. PURPOSE: Protect insurance consumers in Texas by regulating the insurance industry and promoting a stable and competitive market. Th e Texas Department of Insurance focuses on access to affordable insurance, promoting insurer financial strength, reducing losses due to fi re, and regulating the workers’ compensation system.
- Office of Public Insurance Counsel. PURPOSE: Represents the interests of insurance consumers in Texas
in regulatory matters involving automobile, residential property,
and title insurance, and participates in rule-making proceedings for
life and health insurance.
- Department of Licensing and Regulation. PURPOSE: Serve as an umbrella occupational regulatory agency
for the licensing, certifi cation, and enforcement of regulatory
statutes involving diverse businesses, industries, general trades,
and occupations.
- Texas Racing Commission. PURPOSE: Enforce the Texas Racing Act and its rules to ensure the
safety, integrity, and fairness of Texas pari-mutuel racing.
- Texas State Securities Board. PURPOSE: Protect Texas investors by ensuring a free and competitive
securities market for Texas, increasing investor confidence,
and encouraging the formation of capital and the development
of new jobs.
- Public Utility Commission. PURPOSE: Protect customers, foster competition, and promote
high-quality utility infrastructure in the state’s electric,
telecommunication, and water and wastewater utility industries.
- Office of Public Utility Counsel. PURPOSE: Ensure the availability of utility services at fair and
reasonable rates by providing representation for Texas residential
and small-business utility consumers in proceedings conducted
by the Public Utility Commission, the Federal Energy Regulatory
Commission, the Federal Communications Commission, and state
and federal courts.
- Board of Veterinary Medical Examiners
Health Related Licensing Agencies. PURPOSE: Health-related licensing boards and commissions
regulate certain occupations and industries within the state of
Texas. Agencies ensure licensee qualifications and standards are
met and that quality of care is maintained through licensing and
enforcement programs.
These Include:
- Texas Behavioral Health Executive Council.
- Board of Chiropractic Examiners.
- Texas State Board of Dental Examiners.
- Funeral Service Commission.
- Health Professions Council.
- Texas Medical Board
- Texas Board of Nursing
- Optometry Board
- Board of Pharmacy
- Executive Council of Physical Therapy and Occupational Therapy Examiners
- Board of Examiners of Psychologists
Other Regulatory Agencies
- Board of Plumbing Examiners.
- Board of Professional Geoscientists.
Changed
- Board of Professional Land Surveying. "Incorporates House Bill 1523, Eighty-sixth Legislature, 2019, resulting in the transfer of the regulation of land surveyors to the newly
established Board of Professional Engineers and Land Surveyors, a self-directed, semi-independent state agency outside of the state
Treasury, and the abolishment of the Board of Professional Land Surveying."
__________
Random, but relevant, links:
- Cato Institute: Regulatory Freedom in Texas.
- Texas Occupations Code.
- Office of the Governor: Regulatory Compliance Division.
Natural Resources Policy in Texas
- From the Texas Fiscal Size-Up.
- Chapter 9
What is Natural Resources Policy?
Natural Resource agencies play a major role in the state’s economy and in maintaining a healthy environment for Texans. State agencies charged with the responsibility of influencing the management and development of these resources do so through scientific research, planning, education, preservation, regulation, remediation, and financial assistance. Th ese activities are directed to the achievement of state goals such as clean air; clean water; safe management of waste; conservation and development of water through resource planning and financial assistance; safe production, fair pricing, and transportation of energy resources; supporting state and local parks and outdoor activities; development of agribusiness; administering child and special nutrition programs; managing state-owned lands and assets; and many others.
Executive Departments:
- Department of Agriculture: To partner with Texas farmers, ranchers, and agribusiness to expand markets while protecting public health; protect consumers by enforcing standards; fund child and adult nutrition programs; support research relating to Texas-produced food and fi bers; and administer programs promoting rural health and community and economic development.
- Animal Health Commission: To protect and enhance the health of Texas animal populations by preventing, controlling, and eliminating animal diseases; monitoring and diagnosing animal illnesses; responding to emergency situations involving animals; and promoting productivity and marketability while minimizing risks to human health.
- Commission on Environmental Quality: To strive to protect the state’s human and natural resources consistent with sustainable economic development through environmental assessment, planning, permitting, and monitoring, and through pollution prevention and remediation activities.
- General Land Office and Veterans’ Land Board: The agency manages oil and gas leases on state lands; investments of the Permanent School Fund; appraisals of state-owned property; coastal erosion grants; archives of historical land records; and the Alamo Complex. The Texas General Land Office (GLO) is the lead agency for oil spill prevention and response, and disburses disaster-related grants for rebuilding housing and infrastructure. The Veterans’ Land Board (VLB) administers land and housing loans and long-term care, and manages cemeteries for Texas veterans.
- Low-level Radioactive Waste Disposal Compact Commission: To uphold the compact between Texas and Vermont to manage low-level radioactive waste generated within the two states by cooperating to protect the health, safety, and welfare of their residents and the environment; and by providing for and encouraging the economic management and disposal of low-level radioactive waste.
- Parks and Wildlife Department: Manage and conserve the natural and cultural resources of Texas and provide hunting, fishing, and outdoor recreational opportunities; enforce hunting and fishing laws; and safely operate state parks, historic sites, natural areas, and wildlife management areas.
- Railroad Commission: To regulate the state’s oil and natural gas industries, with responsibilities for permitting, monitoring, and inspecting facilities. The agency works to ensure the safe production and transportation of the state’s energy resources, while protecting public health and the environment. The agency also works to ensure fair pricing through its oversight of gas utilities rates.
- Soil and Water Conservation Board: To work in conjunction with local soil and water conservation districts to encourage wise and productive use of natural resources, including soil conservation projects, flood control dam construction and maintenance, management and abatement of agricultural and silvicultural (forestry) nonpoint source water pollution, and water supply enhancement.
- Water Development Board: To provide leadership, information, education, and support for planning, financial assistance, and outreach for the conservation and responsible development of water for Texas.
__________
Business and Economic Development Policy in Texas
Fiscal Size-Up.
What is Business and Economic Policy?
The five business and economic development state agencies provide services supporting the Texas economy through
transportation, business and workforce development, lottery and bingo operations, and community infrastructure. These
agencies include the Department of Housing and Community Affairs, the Texas Lottery Commission, the Department of
Motor Vehicles, the Texas Department of Transportation, and the Texas Workforce Commission.
- Department of Housing and Community Affairs: administers affordable housing, housing-related and
community service programs; regulates the state’s manufactured
housing industry; ensures program compliance with federal and
state requirements; and provides educational materials or technical
assistance for housing and community services.
- Texas Lottery Commission: Generate revenue for the state through the management
and sale of entertaining lottery products and provide authorized
organizations the opportunity to raise funds for their charitable
purposes by conducting bingo.
- Department of Motor Vehicles: Provide vehicle title and registration services,
motor carrier registration and permitting, motor vehicle
industry licensing and regulation, and other motor vehicle
regulatory and enforcement services.
- Department of Transportation: Provide vehicle title and registration services,
motor carrier registration and permitting, motor vehicle
industry licensing and regulation, and other motor vehicle
regulatory and enforcement services.
- Texas Workforce Commission: Support an effective workforce system that provides
economic opportunity for employers, individuals, and
communities, and administer the state Child Care and
Unemployment Insurance programs.
Education Policy in Texas
- Fiscal Size-Up.
What is Public Education?
Public education is the largest function of Texas state government, receiving 42.0 percent of all General Revenue Funds
appropriations. The largest public education agency, the Texas Education Agency, is responsible for supporting and distributing
funding to school districts and charter schools throughout the state. The public education system serves approximately 5.5
million students enrolled in 8,084 campuses, located in 1,022 districts and 782 charter school campuses. The public education
function also includes the Texas School for the Blind and Visually Impaired and Texas School for the Deaf. Although the
Teacher Retirement System of Texas (TRS) and the Optional Retirement Program (ORP) include higher education functions,
they are considered public education entities for the purpose of the General Appropriations Act.
Executive Departments
Public Education
- Texas Education Agency: To oversee the primary and secondary public education
system in Texas through the distribution of state and federal
funding, administration of statewide assessment and accountability
systems, support of curriculum development and textbook
adoption, administration of a public school data collection system,
and supervision of compliance with state and federal regulations.
- School for the Blind and Visually Impaired: : Serve as a leading center of expertise and support, working
in partnership with schools, families, and organizations to improve
educational outcomes for students that are blind or visually
impaired, including those with deaf-blindness or additional
disabilities. Provide full-time classroom and residential programs
during the school year for students whose needs cannot be met at
local school districts.
- School for the Deaf: Provide direct educational services to students ages 0 to 22
years, including residential programs, and serve as a statewide
educational resource center on deafness by providing a variety of
outreach services to deaf students, their families, school districts,
and professionals involved in deaf education.
Public Higher Education
- General Academic Institutions: : The general academic institutions in Texas consist of 37
public colleges and universities that provide baccalaureate, masters,
professional, and doctoral degree programs. Although all general
academic institutions have common goals (instruction, research,
and public service), each has a unique set of academic offerings and
a unique regional or statewide mission.
: Health-related institutions: (1) educate
future health professionals and scientists; (2) engage in basic and
applied research; (3) provide compassionate, scientifically based
clinical care for the sick; and (4) develop public and community
health programs.
- Texas A&M Service Agencies
- Higher Education Coordinating Board: Coordinate Texas higher education and administer various
student financial aid, federal grant, and state-funded trusteed
programs. Th e agency establishes a master plan for higher education
in Texas; prescribes the role and mission of public higher education
institutions; reviews university academic programs, academic and
vocational technical programs at the community and technical
colleges, and health-related programs; and promotes access to and
quality in higher education.
- Higher Education Funds:
Two-year Institutions
- Public Community/Junior Colleges: The mission of the community colleges is to teach and
award certifi cations or degrees in arts and sciences, vocational
programs, and technical courses. Their mission also includes
providing continuing education, developmental education
consistent with open admission policies, counseling and guidance
programs, workforce development training, and adult literacy and
basic skills programs.
- Lamar Lower-level Institutions: The three Lamar State Colleges are lower-division
institutions of higher education within the Texas State University
System. Lamar State College – Port Arthur and Lamar State College
– Orange off er freshman and sophomore courses, and the primary
focus of the Lamar Institute of Technology is to teach technical and
vocational courses.
- Texas State Technical Colleges: Two-year institutions of higher education that offer
courses of study in technical–vocational education offering
occupationally oriented programs with supporting academic course
work, emphasizing technical and vocational areas for certifi cates or
associate degrees.
Health and Human Services Policy in Texas
- Fiscal Size-Up.
What is Health and Human Services Policy?
Health and Human Services is the second-largest function of Texas state government in terms of general revenue appropriations.
Spending is driven primarily by caseloads for Medicaid, the Children’s Health Insurance Program (CHIP), and child protective
services. Other significant programs include inpatient and outpatient mental health services, services for individuals with
intellectual disabilities, and programs to protect and improve public health.
Executive Departments
- Department of Family and Protective Services: Protect children, the elderly, and people with disabilities
from abuse, neglect, and exploitation by involving clients, families,
and communities.
- Department of State Health Services: To improve the health, safety, and well-being of Texans
through good stewardship of public resources and a focus on core
public health functions.
- Health and Human Services Commission: To improve the health, safety, and well-being of Texans
with good stewardship of public resources.
Criminal Justice and Public Safety
- Fiscal Size-Up.
What is Criminal Justice and Public Safety Policy?
Public safety and criminal justice agencies are funded in Article V of the General Appropriations Act and provide various
services to ensure the safety and security of Texans. Those services include the adult and juvenile corrections systems
(community supervision, incarceration, and parole services), law enforcement and highway patrol, the Texas military forces,
and driver license processing. Additional services provided include county jail regulation, law enforcement officer training
and licensing, alcoholic beverage industry oversight, and firefighter certification. Border security is coordinated among
several Article V agencies and agencies in other articles of government. Public safety and criminal justice agencies are funded
primarily with General Revenue Funds.
Executive Agencies
- Alcoholic Beverage Commission: To deter violations of the Texas Alcoholic Beverage Code
by inspecting licensed establishments within the alcoholic beverage
industry, investigating complaints, regulating the personal
importation of alcoholic beverages and cigarettes through the
state’s ports-of-entry locations with Mexico and the seaport at
Galveston, and enforcing state law.
- Department of Criminal Justice: To incarcerate off enders in state prisons, state jails, and
private correctional facilities; to provide funding and certain
oversight of community supervision; and to be responsible for
the supervision of off enders released from prison on parole. Th e
mission of the department is to provide public safety, promote
positive change in off ender behavior, reintegrate off enders into
society, and assist victims of crime.
- Commission on Fire Protection: To develop professional standards and enforce statewide
fi re laws to assist local governments in ensuring that the lives and
property of the public and fi re service providers are protected
adequately from fi res and related hazards.
- Commission on Jail Standards: To establish and enforce minimum standards for the
provision and operation of jails, and to provide consultation,
training, and technical assistance to help local governments comply
with those standards.
- Juvenile Justice Department: To provide financial and professional assistance to local
juvenile probation departments, to provide regulatory oversight
of local probation departments, and to ensure public safety and
the provision of effective programming and rehabilitative services
to juveniles committed to the Texas Juvenile Justice Department
state services and facilities.
- Commission on Law Enforcement: To screen, develop, and monitor resources for continuing
education for law enforcement officers, and set standards
for behavior; and to develop, maintain, and enforce minimum
qualifications for the selection, training, and certification of law
enforcement personnel, county correctional officers,
and telecommunicators.
- Military Department: To provide administrative and financial resources for state
activities conducted by the three branches of the Texas military
forces: the Texas Army National Guard, the Texas Air National
Guard, and the Texas State Guard.
- Department of Public Safety: To enforce laws protecting and promoting public safety
by the prevention and detection of crime; improve highway safety
and public safety communications; and provide regulatory and
licensing services.
Saturday, December 24, 2022
Texas Association of Counties
The interest groups which represents the interests of counties - as political organizations - whereever necessary. Usually the Texas Legislature.
- Click here for the link.
Texas Constitution, Article 9: Counties
- Click here for the text of the 1876 document.
- Click here for the text of the current document.
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Since there's mention of Hospital Districts in the document, here's info on them:
- Texapedia: Hospital Districts.
- Wikipedia: Harris Health System, previously the Harris County Hospital District.
- Hospitals Located in Brazoria County.
There's also mention of Airport Authorities:
- Texas Gulf Coast Regional Airport.
- BRAZORIA COUNTY-ANGLETON-LAKE JACKSON JOINT AIRPORT ZONING BOARD.
- The Economic Impact of Brazoria County Airport.
Counties may provide mental and public health services.
- Board for Texas State Hospitals and Special Schools.
- Texas Department of Mental Health and Mental Retardation.
- Gulf Coast Center.
Counties can also provide for indigent and poor citizens.
- County Indigent Health Care Program.
- Indigent Health Care.
- Brazoria County: INDIGENT HEALTH CARE PROGRAM.
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For More:
- The County Information Program.
- Texas County Profiles.
Dillon's Rule and State Preemption
Unitary relationship
Precedent
Rapid development of cities
Judge Dillon
State Pre-emption of Local Rules.
Constitutional limits on Texas' power over local governments.
Areas of conflict
The Development of Metropolitan Districts in the United States and Texas
Focus on metropolitan districts.
Population centers
Incorporation
Laws related to incorporation
Laws related to annexation
The First Settlements and Cities in Texas
What percentage of Texans have lived on farms?
- Settlements
- Presidios.
- Spanish Law
- Cities
- Municipal Incorporation
- Settlements
- Presidios.
- Spanish Law
- Cities
- Municipal Incorporation
Article 2: The Separated Powers and the Checks and Balances
What are the Separated Powers?
What are the Checks and Balances
How do they work on the national level?
How do they work in Texas?
What are Single Purpose Governments?
The vast majority of governments in the United States and Texas.
Definition
Examples
- Independent School Districts
- Community College Districts
The United States and Texas Bills of Rights
What is a bill of rights?
What are civil liberties?
Why does it matter that the national government and the states have bills of rights?
The United States Bill of Rights.
The Texas Bill of Rights.
What if there is a conflict between the two?
State Sovereign Immunity
What is a sovereign?
What is immunity?
Sovereign Immunity - Definition: The sovereign immunity refers to the fact that the government cannot be sued without its consent.
LII: Sovereign immunity.
State Sovereign Immunity - Definition: Under the doctrine of “state sovereign immunity,” a state cannot be sued in federal and state court without its consent.
NAAG: State Sovereign Immunity.
Wikipedia: Sovereign immunity in the United States.
The Elastic Clauses - Impact on Texas
Elastic Clause
Constitutional Interpretation
- General Welfare.
- Commerce Clause.
- Necessary and Proper.
The Equal Protection Clause - Impact on Texas
From the 14th Amendment:
No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
Friday, December 23, 2022
From the Houston Chronicle: Busking for tips now legal in Houston after federal judge strikes down ordinance
The First Amendment has been interpreted and expanded in a case from Houston involving busking AKA street performance.
- Click here for the article.
An obscure, decades-old ordinance that restricted where buskers — musicians who performs in public places — can play for tips in Houston has been deemed unconstitutional and struck down by a federal judge.
Now, anyone can play any instrument, anywhere and without a permit as long as noise restrictions are not violated, Pacific Legal Foundation lawyer Joshua Polk said.
Houston accordionist Anthony Barilla, who in January 2020 lodged the lawsuit, tested the ordinance prior to suing the city and found the eight-block zone void of pedestrians. Fewer people means fewer tips, he argued.
OPINION: Make busking protected speech in all of Houston, not just the Theater District
“It wasn’t financially worth it,” said Barilla, a member of the accordion band Houston's A-S-S and a composer whose work has been heard on the radio program “This American Life.”
Barilla believes stretches of Westheimer in Montrose or along Main Street are better suited for sidewalk performances than the downtown Theater District. He recouped the cost of his $50 permit when he tested the busking waters. When his permit expired, he did not renew it. The application process required musicians to obtain written permission from “the abutting property owners” where they wish to play. Barilla was rejected thrice.
The Civil War Amendments and Reconstruction
- Texas Article of Secession.
- Texas Constitution of 1861.
- Wade-Davis Bill of 1864.
- 13th Amendment
- 14th Amendment
- 15thAmendment
- Black Codes. (Texas)
- Civil Rights Act of 1866.
- Texas Constitution of 1866.
- Texas Constitution of 1869.
- Enforcement Acts - 1870 and 1871.
- Ku Klux Klan Act.
- Amnesty Act of 1872.
- Redeemers.
- Civil Rights Act of 1875.
- Compromise of 1877.
- Posse Comitatus Act of 1878.
- Disfranchisement after the Reconstruction era.
The Stages of Federalism and the Ongoing Conflict between the United States and Texas Governments
What is Federalism?
What are the possible relationships between the national and state governments?
- confederal
- unitary
- federalism
What are the "stages" of federalism?
An academic approach:
- Dual Federalism.
- - solidify the national government
- Cooperative Federalism.
- - the New Deal / Great Society
- - fiscal federalism
- - - categorical
- - - block
- New Federalism.
- - devolution
- - privatization
- - diffusion
- Fiscal Federalism.
How has the relationship between the U.S. and Texas evolved over time?
- Louisiana Purchase
- Recognition as an independent nation.
- Consideration for Statehood
- Rebellion over Slavery
- Jim Crow
- Agrarianism
- Rise of Industry
- Opposition to the New Deal - sort of
- Opposition to the Warren Court
- Opposition to the Great Society
- Support for Reagan
- The Culture Wars
The Texas Statutory Code
What is statutory law?
- Wikipedia: Statutory law or statute law is written law passed by a body of legislature. This is opposed to oral or customary law; or regulatory law promulgated by the executive or common law of the judiciary.[1] Statutes may originate with national, state legislatures or local municipalities.
What is a statute?
- LII: statute.
Texas Statutory Code:
- From the Texas Legislature Online: Texas Statutes.
Here are the individual sections. All of the laws passed by the state of Texas are contained in one of these sections. This list provides another way to divide up the areas of public policy engaged in by the state.
AGRICULTURE CODE
ALCOHOLIC BEVERAGE CODE
AUXILIARY WATER LAWS
BUSINESS AND COMMERCE CODE
BUSINESS ORGANIZATIONS CODE
CIVIL PRACTICE AND REMEDIES CODE
CODE OF CRIMINAL PROCEDURE
EDUCATION CODE
ELECTION CODE
ESTATES CODE
FAMILY CODE
FINANCE CODE
GOVERNMENT CODE
HEALTH AND SAFETY CODE
HUMAN RESOURCES CODE
INSURANCE CODE
INSURANCE CODE - NOT CODIFIED
LABOR CODE
LOCAL GOVERNMENT CODE
NATURAL RESOURCES CODE
OCCUPATIONS CODE
PARKS AND WILDLIFE CODE
PENAL CODE
PROBATE CODE
PROPERTY CODE
SPECIAL DISTRICT LOCAL LAWS CODE
TAX CODE
TRANSPORTATION CODE
UTILITIES CODE
WATER CODE
VERNON'S CIVIL STATUTES
___________
Texas Administrative Code
- Texas Secretary of State: Welcome to the Texas Administrative Code.
- Texas Administrative Code: Titles.Yet another way to divide up what the state does:
TITLE 1 ADMINISTRATION
TITLE 4 AGRICULTURE
TITLE 7 BANKING AND SECURITIES
TITLE 10 COMMUNITY DEVELOPMENT
TITLE 13 CULTURAL RESOURCES
TITLE 16 ECONOMIC REGULATION
TITLE 19 EDUCATION
TITLE 22 EXAMINING BOARDS
TITLE 25 HEALTH SERVICES
TITLE 26 HEALTH AND HUMAN SERVICES
TITLE 28 INSURANCE
TITLE 30 ENVIRONMENTAL QUALITY
TITLE 31 NATURAL RESOURCES AND CONSERVATION
TITLE 34 PUBLIC FINANCE
TITLE 37 PUBLIC SAFETY AND CORRECTIONS
TITLE 40 SOCIAL SERVICES AND ASSISTANCE
TITLE 43 TRANSPORTATION
The Current Texas Constitution
There are a variety of places where you can obtain online access to versions of the Texas Constitution. Here are a couple.
- From the Texas Legislative Council.
- From the Texas State Law Library.
This is my preferred source. It is provided by the Texas Legislature.
- The Texas Constitution.
It is interactive, and includes the most recent additions ratified by the voters of Texas on November 2021.
Here is a breakdown of its component parts:
PREAMBLE
ARTICLE 2. THE POWERS OF GOVERNMENT
ARTICLE 3. LEGISLATIVE DEPARTMENT
ARTICLE 4. EXECUTIVE DEPARTMENT
ARTICLE 5. JUDICIAL DEPARTMENT
ARTICLE 6. SUFFRAGE
ARTICLE 7. EDUCATION
ARTICLE 8. TAXATION AND REVENUE
ARTICLE 9. COUNTIES
ARTICLE 10. RAILROADS
ARTICLE 11. MUNICIPAL CORPORATIONS
ARTICLE 12. PRIVATE CORPORATIONS
ARTICLE 13. SPANISH AND MEXICAN LAND TITLES (Repealed Aug. 5, 1969.)
ARTICLE 14. PUBLIC LANDS AND LAND OFFICE
ARTICLE 15. IMPEACHMENT
ARTICLE 16. GENERAL PROVISIONS
ARTICLE 17. MODE OF AMENDING THE CONSTITUTION OF THIS STATE
APPENDIX. Notes on Temporary Provisions for Adopted Amendments
Texas Election Code
This is where all of the Texas state laws related to elections live.
- Click here for the code.
Here's an outline
TITLE 1. INTRODUCTORY PROVISIONS
CHAPTER 1. GENERAL PROVISIONS
CHAPTER 2. VOTE REQUIRED FOR ELECTION TO OFFICE
CHAPTER 3. ORDERING ELECTION
CHAPTER 4. NOTICE OF ELECTION
TITLE 2. VOTER QUALIFICATIONS AND REGISTRATION
CHAPTER 11. QUALIFICATIONS AND REQUIREMENTS FOR VOTING
CHAPTER 12. VOTER REGISTRAR
CHAPTER 13. APPLICATION FOR REGISTRATION; INITIAL REGISTRATION
CHAPTER 14. RENEWAL OF REGISTRATION
CHAPTER 15. GENERAL ADMINISTRATION OF REGISTRATION
CHAPTER 16. CANCELLATION OF REGISTRATION
CHAPTER 17. JUDICIAL REVIEW
CHAPTER 18. PROCEDURES FOR IDENTIFYING REGISTERED VOTERS
CHAPTER 19. FINANCING VOTER REGISTRATION
CHAPTER 20. VOTER REGISTRATION AGENCIES
TITLE 3. ELECTION OFFICERS AND OBSERVERS
CHAPTER 31. OFFICERS TO ADMINISTER ELECTIONS
CHAPTER 32. ELECTION JUDGES AND CLERKS
CHAPTER 33. WATCHERS
CHAPTER 34. STATE INSPECTORS
TITLE 4. TIME AND PLACE OF ELECTIONS
CHAPTER 41. ELECTION DATES AND HOURS FOR VOTING
CHAPTER 42. ELECTION PRECINCTS
CHAPTER 43. POLLING PLACES
TITLE 5. ELECTION SUPPLIES
CHAPTER 51. ELECTION SUPPLIES
CHAPTER 52. BALLOT FORM, CONTENT, AND PREPARATION
TITLE 6. CONDUCT OF ELECTIONS
CHAPTER 61. CONDUCT OF VOTING GENERALLY
CHAPTER 62. PRELIMINARY ARRANGEMENTS
CHAPTER 63. ACCEPTING VOTER
CHAPTER 64. VOTING PROCEDURES
CHAPTER 65. COUNTING VOTES AND PREPARING RETURNS
CHAPTER 66. DISPOSITION OF RECORDS AND SUPPLIES AFTER ELECTION
CHAPTER 67. CANVASSING ELECTIONS
CHAPTER 68. TABULATION OF UNOFFICIAL RESULTS OF CERTAIN RACES BY SECRETARY OF STATE
TITLE 7. EARLY VOTING
SUBTITLE A. EARLY VOTING
CHAPTER 81. GENERAL PROVISIONS
CHAPTER 82. ELIGIBILITY FOR EARLY VOTING
CHAPTER 83. OFFICER CONDUCTING EARLY VOTING
CHAPTER 84. APPLICATION FOR BALLOT
CHAPTER 85. CONDUCT OF VOTING BY PERSONAL APPEARANCE
CHAPTER 86. CONDUCT OF VOTING BY MAIL
CHAPTER 87. PROCESSING EARLY VOTING RESULTS
SUBTITLE B. SPECIAL FORMS OF EARLY VOTING
CHAPTER 101. VOTING BY RESIDENT FEDERAL POSTCARD APPLICANT
CHAPTER 102. LATE VOTING BY DISABLED VOTER
CHAPTER 103. LATE VOTING BECAUSE OF DEATH IN IMMEDIATE FAMILY
CHAPTER 104. VOTING ON ELECTION DAY BY DISABLED VOTER FROM VOTING SYSTEM PRECINCT
CHAPTER 105. VOTING BY MILITARY PERSONNEL OR OTHER PERSONS OVERSEAS
CHAPTER 106. VOTING ON ELECTION DAY BY PERSON ON SPACE FLIGHT
SUBTITLE C. RESTRICTED BALLOT
CHAPTER 111. GENERAL PROVISIONS
CHAPTER 112. VOTING LIMITED BALLOT AFTER CHANGING COUNTY OF RESIDENCE
CHAPTER 113. VOTING PRESIDENTIAL BALLOT BY FORMER RESIDENT
CHAPTER 114. VOTING FEDERAL BALLOT BY OVERSEAS CITIZEN
TITLE 8. VOTING SYSTEMS
CHAPTER 121. GENERAL PROVISIONS
CHAPTER 122. STATE SUPERVISION OVER VOTING SYSTEMS
CHAPTER 123. ADOPTION AND ACQUISITION OF VOTING SYSTEM
CHAPTER 124. VOTING SYSTEM BALLOT
CHAPTER 125. CONDUCT OF VOTING WITH VOTING SYSTEM
CHAPTER 127. PROCESSING ELECTRONIC VOTING SYSTEM RESULTS
CHAPTER 128. COMPUTERIZED VOTING SYSTEMS
CHAPTER 129. DIRECT RECORDING ELECTRONIC VOTING MACHINES
TITLE 9. CANDIDATES
CHAPTER 141. CANDIDACY FOR PUBLIC OFFICE GENERALLY
CHAPTER 142. INDEPENDENT CANDIDATE IN GENERAL ELECTION FOR STATE AND COUNTY OFFICERS
CHAPTER 143. CANDIDATE FOR CITY OFFICE
CHAPTER 144. CANDIDATE FOR OFFICE OF POLITICAL SUBDIVISION OTHER THAN COUNTY OR CITY
CHAPTER 145. WITHDRAWAL, DEATH AND INELIGIBILITY OF CANDIDATE
CHAPTER 146. WRITE-IN CANDIDATE
TITLE 10. POLITICAL PARTIES
SUBTITLE A. INTRODUCTORY PROVISIONS
CHAPTER 161. GENERAL PROVISIONS
CHAPTER 162. REGULATING PARTICIPATION IN PARTY AFFAIRS
CHAPTER 163. PARTY RULES
SUBTITLE B. PARTIES NOMINATING BY PRIMARY ELECTION
CHAPTER 171. ORGANIZATION
CHAPTER 172. PRIMARY ELECTIONS
CHAPTER 173. PRIMARY ELECTION FINANCING
CHAPTER 174. CONVENTIONS
SUBTITLE C. PARTIES NOMINATING BY CONVENTION
CHAPTER 181. PARTY WITH STATE ORGANIZATION
CHAPTER 182. PARTY WITHOUT STATE ORGANIZATION
TITLE 11. PRESIDENTIAL ELECTIONS
CHAPTER 191. SELECTION OF DELEGATES TO NATIONAL NOMINATING CONVENTION
CHAPTER 192. PRESIDENTIAL ELECTORS AND CANDIDATES
TITLE 12. ELECTIONS TO FILL VACANCY IN OFFICE
CHAPTER 201. DETERMINATION OF AND ELECTION TO FILL VACANCY
CHAPTER 202. VACANCY IN OFFICE OF STATE OR COUNTY GOVERNMENT
CHAPTER 203. VACANCY IN LEGISLATURE
CHAPTER 204. VACANCY IN CONGRESS
TITLE 13. RECOUNTS
CHAPTER 211. GENERAL PROVISIONS
CHAPTER 212. REQUESTING RECOUNT
CHAPTER 213. CONDUCT OF RECOUNT
CHAPTER 214. COUNTING PROCEDURES
CHAPTER 215. COSTS OF RECOUNT
CHAPTER 216. AUTOMATIC RECOUNT
TITLE 14. ELECTION CONTESTS
SUBTITLE A. INTRODUCTORY PROVISIONS
CHAPTER 221. GENERAL PROVISIONS
SUBTITLE B. CONTESTS IN DISTRICT COURT
CHAPTER 231. CONTEST IN DISTRICT COURT GENERALLY
CHAPTER 232. CONTESTS FOR OFFICE
CHAPTER 233. CONTEST ON MEASURE
SUBTITLE C. CONTESTS IN OTHER TRIBUNALS
CHAPTER 241. CONTEST FOR STATE SENATOR OR REPRESENTATIVE
CHAPTER 242. CONTEST FOR CONSTITUTIONAL EXECUTIVE OFFICE
CHAPTER 243. CONTEST FOR PRESIDENTIAL ELECTORS
SUBTITLE D. OTHER ELECTION LAWSUITS
CHAPTER 247. LAWSUIT ALLEGING IMPROPER ELECTION ACTIVITIES
TITLE 15. REGULATING POLITICAL FUNDS AND CAMPAIGNS
CHAPTER 251. GENERAL PROVISIONS
CHAPTER 252. CAMPAIGN TREASURER
CHAPTER 253. RESTRICTIONS ON CONTRIBUTIONS AND EXPENDITURES
CHAPTER 254. POLITICAL REPORTING
CHAPTER 255. REGULATING POLITICAL ADVERTISING AND CAMPAIGN COMMUNICATIONS
CHAPTER 257. POLITICAL PARTIES
CHAPTER 258. FAIR CAMPAIGN PRACTICES
CHAPTER 259. POLITICAL SIGNS
TITLE 16. MISCELLANEOUS PROVISIONS
CHAPTER 271. JOINT ELECTIONS
CHAPTER 272. BILINGUAL REQUIREMENTS
CHAPTER 273. CRIMINAL INVESTIGATION AND OTHER ENFORCEMENT PROCEEDINGS
CHAPTER 274. CONSTITUTIONAL AMENDMENTS
CHAPTER 275. ELECTION FOR OFFICERS OF CITY WITH 200,000 POPULATION
CHAPTER 276. MISCELLANEOUS OFFENSES AND OTHER PROVISIONS
CHAPTER 277. PETITION PRESCRIBED BY LAW OUTSIDE CODE
CHAPTER 278. VOTER INFORMATION GUIDE FOR JUDICIAL ELECTIONS
CHAPTER 279. CYBERSECURITY OF ELECTION SYSTEMS
TITLE 17. LOCAL OPTION ELECTIONS
CHAPTER 501. LOCAL OPTION ELECTIONS ON SALE OF ALCOHOLIC BEVERAGES