Showing posts with label home rule authority. Show all posts
Showing posts with label home rule authority. Show all posts

Tuesday, November 10, 2015

Odds and ends for today's 2306

- Tim Cole Commission begins work, optimistic for recommendations.

Richard Miles was just 19 years old when his nightmare began. In 1994, Miles was accused of murder and attempted murder and, though he steadfastly proclaimed his innocence, he was later convicted and spent 15 years in a Dallas jail — until a court determined he was a victim of prosecutorial misconduct because his Dallas County prosecutor withheld evidence that would have cleared him.
Now 40, Miles recently told the story of his wrongful conviction to the 11 members of the newly created Timothy Cole Exoneration Review Commission, a panel named after the late Texas Tech student who, in 1986, was convicted of a rape he did not commit. Although Cole died in prison of an asthma attack in 1999 — without being able to prove his innocence — a few years later DNA evidence from the crime posthumously exonerated him.

- Group seeks to repeal ordinances regulating where registered sex offenders can live.

Forty-six small cities across Texas are facing a new legal challenge to their ordinances regulating where registered sex offenders can live, the latest development in a national trend to relax residency limitations that opponents say create more problems with ex-convicts than they solve. On Monday, Texas Voices for Reason and Justice, a statewide criminal justice advocacy group, announced that it has “initiated action to compel, through litigation if necessary,” the repeal of the ordinances in so-called “general law” cities, those with populations of 5,000 or less.
Two Bexar County cities — Balcones Heights and Hollywood Park — are among the 46 whose ordinances are being challenged. Similar ordinances exist in hundreds of larger “home rule” Texas cities, which officials say have the legal authority to enforce them. Nonetheless, several larger cities already face litigation on the issue on the grounds that residency restrictions violate the U.S. Constitution.

- Democratic Group Called iVote Pushes Automatic Voter Registration.

As Republicans across the country mount an aggressive effort to tighten voting laws, a group of former aides to President Obama and President Bill Clinton is pledging to counter by spending up to $10 million on a push to make voter registration automatic whenever someone gets a driver’s license.
The change would supercharge the 1993 National Voter Registration Act, known as the “motor voter” law, which requires states to offer people the option of registering to vote when they apply for driver’s licenses or other identification cards. The new laws would make registration automatic during those transactions unless a driver objected.

- Straus Forms Select Committee on Mental Health.

Texas House Speaker Joe Straus announced Monday he's formed a select committee on mental health to take an all-encompassing look at the state's behavioral health system. 
The committee will review and make recommendations on issues including substance abuse, care for veterans, identifying illnesses early and improving delivery of mental health care, the speaker said in a news release.
“We have taken some major steps to address the state’s mental health needs,” said Straus, R-San Antonio. “It’s important not to look at these issues in isolation, but rather to take a comprehensive view of how to improve the system. Many legislators asked that we take a closer look at various issues related to mental health, and it became clear that one committee should look at all of those issues together.”

- Lopsided election puts political target on property taxes.

When property tax relief was approved by 86 percent of voters in last week’s election, you can bet Texas politicians noticed.
Calling the lopsided result a mandate for additional action, Lt. Gov. Dan Patrick vowed to make property tax reform a priority when the Legislature convenes in 14 months. Any reasonable idea will be on the table, Patrick said, although his initial concepts focus on reining in budget increases for local governments, particularly cities and counties.
“I have the opportunity to put my shoulder behind those issues and push, and I don’t intend to sit on the sidelines,” said Patrick, a Houston Republican. One important idea, Patrick said, is to require a rollback election if city or county property tax revenue grows by more than 4 to 6 percent, though the final trigger number will need to be refined. Currently, tax-rollback elections are possible with 8 percent increases, and only if 7 or 10 percent of registered voters sign a petition, depending on the size of the budget.

Friday, April 10, 2015

The fight over local control continues

In the news today:

The Texas Tribune: Local Government, School Lobbying in Ethics Crosshairs.
Thursday unleashed a torrent of criticism against a pair of bills that would restrict how they can interact with members of the Texas Legislature.
The legislation, sponsored by freshman Rep. Matt Shaheen, R-Plano, is designed to bar school districts and local government entities from using tax dollars to hire lobbyists or pay associations that lobby for them in Austin, such as the Texas Association of Counties or the Texas Association of School Boards. Some last-minute tweaks would weaken the outright prohibition in some circumstances.

Dallas Morning News: Energy interests are threatening local control.
At the behest of the Texas Oil and Gas Association, bills rocketing through the Legislature would “expressly pre-empt” local ordinances that regulate drilling in urban areas. The bills would undermine drilling ordinances in more than 300 Texas cities, including Dallas. Limits on drilling near homes, prohibitions of drilling in parks and bans on waste injection wells could be eliminated.

Dallas Morning News: Senators debate tighter caps on city, county property taxes.
Tea party activists called Thursday for restrictions on what cities and counties can collect from property taxes, despite warnings by mayors and county judges that a “revenue caps” bill could result in fewer cops and more potholes.

Dallas Morning News: Local control looms over House committee debate on statewide rules for Uber, Lyft.
The vehicle-for-hire rules crafted by the city of Dallas last year in a laborious, months-long process would be effectively wiped out under legislation heard Thursday by House lawmakers. A bill by Rep. Chris Paddie, R-Marshall, would instead create statewide regulations for “transportation network companies” like Uber and Lyft. The state Department of Motor Vehicles would administer the rules, which wouldn’t apply to cabs and limos.

Houston Chronicle: Unhappy businesses make Austin lobbyists rich.
Democracy is about giving the power of self-determination to the people, and in the United States we believe that power should be given to local governments as much as possible. Conservatives in the Texas Legislature rail all the time about federal environmental regulations designed to stop interstate pollution. They say the rules infringe on the rights of Texans to make their own laws. However, that same lawmaker is more than happy to pass a state law trumping a city ordinance. That's why business people spend millions of dollars a year on lobbyists in Austin. And this year is a very good year to be a lobbyist.

Saturday, September 15, 2012

From the MWJS: Judge throws out Walker's union bargaining law

An illustration of federalism, civil liberties, and the nature of home rule authority. A federal court threw out part, but not all, of Wisconsin's recently passed laws limiting collective bargaining rights for city and state employees:

Gov. Scott Walker's law repealing most collective bargaining for local and school employees was struck down by a Dane County judge Friday, yet another dramatic twist in a year and a half saga that likely sets up another showdown in the Supreme Court.

The law remains largely in force for state workers, but for city, county and school workers the decision by Dane County Judge Juan Colas returns the law to its status before Walker signed the legislation in March 2011.

Colas ruled that the law violated workers' constitutional rights to free speech, free association and equal representation under the law by capping union workers' raises but not those of their nonunion counterparts. The judge also ruled that the law violated the "home rule" clause of the state constitution by setting the contribution for City of Milwaukee employees to the city pension system rather than leaving it to the city and workers. 

- The laws in question: Wisconson Act 10 and Act 32.
- Click here for the judge's ruling, and here for excerpts.