Who is, and what is a Peace Officer?

 - Click here for source.

When applying for various law enforcement jobs the term “Peace Officer” may be used. While the term can vary from state to state it usually means a position that carries a badge, has the power to arrest, and also carries a firearm. A police officer, deputy sheriff, state trooper, and special agent all have the similarity of being peace officer positions. There is also the term “Sworn” which generally means sworn in as a peace officer. Federal law enforcement positions get their authority from federal law. However, many federal law enforcement positions are also recognized as peace officers under state law which gives the authority to enforcement state and local laws. When determining your law enforcement career path it is helpful to have an idea as to if you want to apply for sworn or non sworn positions.

- Tex. Code Crim. Proc. art. 2.12.

The following are peace officers:

(1) sheriffs, their deputies, and those reserve deputies who hold a permanent peace officer license issued under Chapter 1701, Occupations Code;

(2) constables, deputy constables, and those reserve deputy constables who hold a permanent peace officer license issued under Chapter 1701, Occupations Code;

(3) marshals or police officers of an incorporated city, town, or village, and those reserve municipal police officers who hold a permanent peace officer license issued under Chapter 1701, Occupations Code;

(4) rangers, officers, and members of the reserve officer corps commissioned by the Public Safety Commission and the Director of the Department of Public Safety;

(5) investigators of the district attorneys', criminal district attorneys', and county attorneys' offices;

(6) law enforcement agents of the Texas Alcoholic Beverage Commission;

(7) each member of an arson investigating unit commissioned by a city, a county, or the state;

(8) officers commissioned under Section 37.081, Education Code, or Subchapter E, Chapter 51, Education Code;

(9) officers commissioned by the General Services Commission;

(10) law enforcement officers commissioned by the Parks and Wildlife Commission;

(11) officers commissioned under Chapter 23, Transportation Code ;(12) municipal park and recreational patrolmen and security officers;(13) security officers and investigators commissioned as peace officers by the comptroller;

(14) officers commissioned by a water control and improvement district under Section 49.216, Water Code;

(15) officers commissioned by a board of trustees under Chapter 54, Transportation Code;

(16) investigators commissioned by the Texas Medical Board;

(17) officers commissioned by:(A) the board of managers of the Dallas County Hospital District, the Tarrant County Hospital District, the Bexar County Hospital District, or the El Paso County Hospital District under Section 281.057, Health and Safety Code;(B) the board of directors of the Ector County Hospital District under Section 1024.117, Special District Local Laws Code;(C) the board of directors of the Midland County Hospital District of Midland County, Texas, under Section 1061.121, Special District Local Laws Code; and(D) the board of hospital managers of the Lubbock County Hospital District of Lubbock County, Texas, under Section 1053.113, Special District Local Laws Code;

(18) county park rangers commissioned under Subchapter E, Chapter 351, Local Government Code;

(19) investigators employed by the Texas Racing Commission;

(20) officers commissioned under Chapter 554, Occupations Code;

(21) officers commissioned by the governing body of a metropolitan rapid transit authority under Section 451.108, Transportation Code, or by a regional transportation authority under Section 452.110, Transportation Code;

(22) investigators commissioned by the attorney general under Section 402.009, Government Code;

(23) security officers and investigators commissioned as peace officers under Chapter 466, Government Code;

(24) officers appointed by an appellate court under Subchapter F, Chapter 53, Government Code;

(25) officers commissioned by the state fire marshal under Chapter 417, Government Code;

(26) an investigator commissioned by the commissioner of insurance under Section 701.104, Insurance Code;

(27) apprehension specialists and inspectors general commissioned by the Texas Juvenile Justice Department as officers under Sections 242.102 and 243.052, Human Resources Code;

(28) officers appointed by the inspector general of the Texas Department of Criminal Justice under Section 493.019, Government Code;

(29) investigators commissioned by the Texas Commission on Law Enforcement under Section 1701.160, Occupations Code;

(30) commission investigators commissioned by the Texas Private Security Board under Section 1702.061, Occupations Code;

(31) the fire marshal and any officers, inspectors, or investigators commissioned by an emergency services district under Chapter 775, Health and Safety Code;

(32) officers commissioned by the State Board of Dental Examiners under Section 254.013, Occupations Code, subject to the limitations imposed by that section;

(33) investigators commissioned by the Texas Juvenile Justice Department as officers under Section 221.011, Human Resources Code; and

(34) the fire marshal and any related officers, inspectors, or investigators commissioned by a county under Subchapter B, Chapter 352, Local Government Code.

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.

__________

- 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.

For the first assignment: Texas Occupations Code

I did a google search with "Texas Occupation Code news" in order to see what's up with regulations regarding qualifications to practice certain occupations. These might have an impact on you and your plans. 

Who knows? 

- Baytown veteran, state at odds over funeral director requirements.

- Real estate broker’s license on probation after commission finds proof of state code violations.

- Affidavit: Shaker, county employees knew former deputy medical examiner was not licensed.

- Health Care Practitioner Human Trafficking Training.

- Texas court deems 8-liner games unconstitutional by nature.

__________

- Texas Statutes: Texas Occupations Code.

- U.S. Bureau of Labor Statistics: 2018 Standard Occupational Classification System.

For 

Search for occupations. 

Showing posts sorted by relevance for query occupations.

House Bill 1508 Notice to Students

Here is an email I received today regarding a state law that applies to you.

The information below will be emailed to all currently enrolled students today (CE, DE and Credit). This notice relates to those programs where successful completion may require a background check for licensure. If your program does not require such licensure, it is not directly relevant to your program however, may raise questions from your students. Please review the following and forward to your team as appropriate.

NOTE: This notice is being sent to ALL currently enrolled students as required by law.

Under Texas Occupations Code 58.001, licensing authorities may have guidelines concerning prior criminal convictions that would make an individual ineligible for issuance of a given license. Applicants are encouraged to review all eligibility requirements related to degrees resulting in a license.

-An individual who has been convicted of an offense may be ineligible for issuance of an occupational license.

-Licensing authorities must establish and make available guidelines explaining why a particular offense is considered a basis for ineligibility for a particular license and other criterion that may affect the decision to grant or withhold a license.

-Local or county licensing authorities may establish additional guidelines related to criminal history. Applicants should contact their local or county licensing authority for more information.

-An individual has the right to request a criminal history evaluation letter regarding their eligibility for a license issued under Texas Occupations Code 53.102

Questions related to eligibility requirements should be directed to the department chair of program of interest and/or individual licensing authorities.

__________

Click here for info about the bill from College of the Mainland.

Here are the program that they claim are impacted by it, presumably these are occupations people cannot be licensed for if they have a criminal record: 

• Barber to Cosmetology Crossover (SCH)
• Certified Nursing Aid (CE)
• Cosmetology Instructor (SCH)
• Cosmetology Operator (SCH)
• Emergency Medical Services (SCH)
• Esthetic Specialty (SCH)
• Fire Academy (SCH and CE)
• Health Information Management (SCH)
• Licensed Vocational Nurse (SCH)
• Massage Therapy (CE)
• Medical Assisting (SCH)
• Medication Aide (CE)
• Pharmacy Technician (SCH)
• Phlebotomy Technician (CE)
• Real Estate (CE)
• Registered Nurse (SCH)
• Teacher Preparation (SCH)

__________

For even more info: 

- TLO: House Bill 1508.

- Texas Occupations Code 58.001. 

- Texas Occupations Code 53.102.

Can a robot do your job? Will it be able to soon?

This is a bit long, but promises to be one of the more important things you might read this semester.

Cut to the chase - from the conclusion:

Our model predicts that most workers in transportation and logistics occupations, together with the bulk of office and administrative support workers, and labour in production occupations, are at risk. These findings are consistent with recent technological developments documented in the literature. More surprisingly, we find that a substantial share of employment in service occupations, where most US job growth has occurred over the past decades (Autor and Dorn, 2013), are highly susceptible to computerisation. Additional support for this finding is provided by the recent growth in the market for service robots (MGI, 2013) and the gradually diminishment of the comparative advantage of human labour in tasks involving mobility and dexterity (Robotics-VO, 2013).

Finally, we provide evidence that wages and educational attainment exhibit a strong negative relationship with the probability of computerisation. We note that this finding implies a discontinuity between the nineteenth, twentieth and the twenty-first century, in the impact of capital deepening on the relative demand for skilled labour. While nineteenth century manufacturing technologies largely substituted for skilled labour through the simplification of tasks (Braver-man, 1974; Hounshell, 1985; James and Skinner, 1985; Goldin and Katz, 1998), the Computer Revolution of the twentieth century caused a hollowing-out of middle-income jobs (Goos,et al., 2009; Autor and Dorn, 2013). Our model predicts a truncation in the current trend towards labour market polarisation, with computerisation being principally confined to low-skill and low-wage occupations. Our findings thus imply that as technology races ahead, low-skill workers will reallocate to tasks that are non-susceptible to computerisation – i.e. , tasks requiring creative and social intelligence. For workers to win the race, however, they will have to acquire creative and social skills.

Creativity and social skills will save you from the robots!

From USA Facts: What happens to employment when the minimum wage is increased?

For out future look at policy evaluation.

- Click here for the article. 

Since 2014, 30 states and Washington, DC have increased their minimum wages. States increase their minimum wages in several ways. For example, 18 states and Washington, DC automatically adjust their minimum wages based on inflation. Some states raise their minimum wages in stages to reach a set number. Other states increase it all at once.

Twenty states either have minimum wages equal to the federal rate of $7.25 or have no minimum wage law, in which case the federal rate applies. The last time the federal minimum wage was raised was in July 2009.

. . . In 22 states, including Washington, DC the number of jobs increased in the occupations in the year after a minimum wage increase. These areas average 8,666 more jobs in the occupations, an average increase of 2.7% in employment.

Nine states had decreases in employment for the occupations following minimum wage increases. These states averaged a loss of 2,156 employees or a 1.9% decrease in jobs.

Comparing changes in employment within the occupations for states that raised their minimum wages to those that did not can provide some insight into the impact of government pushing wages up.

Nineteen of the areas with minimum wage increases were divided up into three groups, states that raised their wages in 2010, 2015, or 2017.

The states within each group are wide-ranging, with different population demographics and growth rates, varying geographic regions, and economic profiles.

. . . Food preparation and service employment grew more on average for the 19 states that increased the minimum wage than for the states using the federal minimum wage.

The impact of minimum wage increases is less clear when looking at changes to statewide employment. The 2010 group had little difference in average growth in statewide employment between the states that raised the minimum wage and those that did not. The 2017 group had smaller average employment growth compared to federal minimum wage states. Average employment growth for the 2015 group was greater in the minimum wage increasing states than in the states without a minimum wage increase.

What do I want to be when I grow up? How do I get there? Part 1.

Lawyer:

- A lawyer (also called attorney, counsel, or counselor) is a licensed professional who advises and represents others in legal matters.

- Seven years of education following high school is typically required to obtain a law degree: four years of undergraduate school and three years of law school. Law schools generally require a bachelor's degree for admission. After graduating from a law school approved by the American Bar Association with a doctor of jurisprudence degree, candidates must then take the bar examination – a comprehensive test of knowledge in many areas of law. After passing this test, the person is licensed to practice law. In Texas, both applicants to law school and candidates for the bar exam are screened by the Texas Board of Law Examiners for qualifications and standards of moral character.

- Wikipedia: State Bar of Texas.

The State Bar of Texas (the Texas Bar) is an agency of the judiciary under the administrative control of the Texas Supreme Court. It is responsible for assisting the Texas Supreme Court in overseeing all attorneys licensed to practice law in Texas. With more than 100,000 active members, the State Bar of Texas is one of the largest state bars in the United States. Unlike the American Bar Association (ABA), the State Bar of Texas (SBOT) is a mandatory bar.

__________

Electrician:

- Most electricians learn through an apprenticeship, but some start out by attending a technical school. Most states require electricians to be licensed.

- Texas Occupations Code.


__________

Travel Agent: 

- Texas requires travel agents to obtain a Travel Insurance License, which involves meeting specific eligibility criteria and passing an examination. In addition, professional certifications from recognized travel organizations can enhance your credibility and elevate your career prospects.

- Broker.


__________

Nurse Practitioner:

A nurse practitioner (NP) is an advanced practice registered nurse and a type of mid-level practitioner. NPs are trained to assess patient needs, order and interpret diagnostic and laboratory tests, diagnose disease, formulate and prescribe medications and treatment plans. NP training covers basic disease prevention, coordination of care, and health promotion. One study found that although reasons for referrals to specialists are similar for both physicians and NPs, the quality of documentation in the referrals may be lower for NPs.

- Texas Occupations Code (the Nursing Practice Act)

- Application Forms - Advanced Practice Registered Nurse.


__________

Mechanical Engineer:

Mechanical engineering is the study of physical machines that may involve force and movement. It is an engineering branch that combines engineering physics and mathematics principles with materials science, to design, analyze, manufacture, and maintain mechanical systems. It is one of the oldest and broadest of the engineering branches.

- Texas Board of Professional Engineers: Basic Requirements for Licensure.

- Texas Occupations Code: Texas Engineering Practice Act.


__________

Industrial Engineer: 

Industrial engineering is an engineering profession that is concerned with the optimization of complex processes, systems, or organizations by developing, improving and implementing integrated systems of people, money, knowledge, information and equipment. Industrial engineering is central to manufacturing operations.

- Texas Occupations Code: Texas Engineering Practice Act.

- UH INDUSTRIAL ENGINEERING: We are devising novel engineered systems that integrate humans, machines, and information technologies to enhance products, services, quality, efficiency, and resilience. With a focus in our academic programs on medicine, health, energy, security, operations optimization, and supply chains, an IE scholar is well prepared for future societal global challenges.


__________

Diagnostic Medical Sonographer:

Diagnostic medical sonography (DMS), a branch of diagnostic medical imaging, is the use of imaging by medical ultrasound for medical diagnosis. DMS uses non-ionizing ultrasound to produce 2D and 3D images of the body. In Canada, the credentialing for diagnostic medical sonography is the Canadian Association of Registered Ultrasound Professionals. In the United States, the credentialing body is the American Registry for Diagnostic Medical Sonography.

- From ACC: 

The Diagnostic Cardiovascular Sonography Program offers a two-year curriculum to prepare individuals for an allied health career in Adult Echocardiography or Vascular Sonography which are branches of Diagnostic Medical Sonography.

From the Texas Tribune: Dallas Hair Braider to Sue Over Regulations

One of the reserved powers of the state is the ability to set regulations for occupations.

These are contained in the Texas Occupations Code and overseen by the Texas Department of Licensing and Regulation.

A Dallas hair braider thinks the state's requirement that she have 2,250 hours of training and have a 2,000 square foot facility in order to teach hair braiding is not just excessive, but unconstitutional.

On Tuesday, she will file a lawsuit against the Texas Department of Licensing and Regulation, alleging in federal court that the state’s rules violate her constitutional right to equal protection under the 14th Amendment. Brantley will ask the court to exempt her from the regulations and grant an injunction preventing the state from applying the rules to other hair braiders.

“This lawsuit means economic liberty for my community,” Brantley said in a statement. “Economic liberty is especially important for black women. This is our new civil rights movement.”

An official at the state regulating agency acknowledged that the rules for barber schools could be difficult for hair braiders to comply with.

Since its a 14th Amendment issue - this would proceed through the federal courts. Should be fun.

What I want to be when I grow up - part 2

Thanks for another student who has shared plans with others.

Below you'll see links to sate laws and rules relate to this goal.

When I grow up and finish my schooling, I'm aiming to become a psychologist/ therapist. Under the Texas state law for psychiatrists we have to go through a strenuous amount of schooling. Becoming a psychologist is basically becoming a doctor of the minds and helping individuals out. In the state of Texas it is required to not have committed a felony and to ensure you yourself are also of sound mind. Section 205.256 an executive council can require a yearly exam done to ensure all rules and laws are being followed under the Texas state regulated laws for this career field. One day i hope to help children and adults walk through the pain they hold so tight in an attempt to make their lives more manageable. Since this career is considered a doctor there are hundreds of different rules set state by state to regulate prescriptions written, etc.

- Texas Occupations Code.

- Texas Occupations Code - Chapter 501. Psychologists.

- Texas State Board of Examiners of Psychologists.

- Sunset Review: Texas State Board of Examiners of Psychologists.

- Texas Behavioral Health Executive Council.

- Texas Trade Association.

- Applying for a License.

What I want to be when I grow up - GOVT 2306 IMF3

From one of our colleagues

Please send me something similar . . . please?

When I grow up, I would like to work as a nurse, specifically, as a NICU nurse, and work with tiny babies. A lot of federal and state laws apply to this job, and I must say it is highly regulated. As a state law, the Texas Board of Nursing (BON) is in charge of verifying and guaranteeing that people holding a license have the knowledge and requirements to practice safely and not cause harm. The Nursing Practice Act (NPA) is another state legislature that regulates the practice of nursing. It specifies the things a nurse can or cannot do and their scope of practice. It is interesting! Also, I think it gives a little bit of peace of mind in the community to know that laws and rules exist to protect the welfare of the people.

__________

Here's related government info: 

- Texas Board of Nursing.

- Sunset Review Board: Texas Board of Nursing.

- Laws & Rules - Nursing Practice Act.

- Texas Fiscal Size-Up: Regulatory Agencies. Go to page 471.

- Texas Occupations Code: Chapter 301. Nursing.

- Texas Occupations Code: Chapter 53. Consequences of Criminal Conviction.

- Texas Government Code: Sec. 411.125. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: TEXAS BOARD OF NURSING.

__________

Here's a question for all you libertarians out there. Why do event need to regulate nursing? 

- What are U.S. Nursing Regulatory Bodies?

More than 100 years ago, state and territorial governments established NRBs to protect the public's health and welfare by overseeing and ensuring the safe practice of nursing. NRBs achieve this mission by outlining the standards for safe nursing care and issuing licenses to practice nursing. Once a license is issued, the NRB's job continues by monitoring licensees' compliance to jurisdictional laws and taking action against the licenses of those nurses who have exhibited unsafe nursing practice.

Are health regulatory agencies means of addressing market failure? Ensuring that consumers of health care know that practioners are qualified? 

- Regulation of health care markets.

- What is the Role of Regulatory Bodies in Healthcare?

CAP: Investments in the State and Local Government Workforce Will Deliver Crucial Services and Create Economic Security

- Click here for the article.

State and local government employees deliver critical services to constituents every day. They operate the nation’s buses and trains; deliver essential safety net services, such as housing, cash assistance, and health and unemployment insurance; teach and care for children; and contain infectious diseases and protect the safety of the nation’s water, food, and air. Yet the state and local government workforce has struggled to regain pandemic-related job losses, with 695,000 fewer people employed compared with pre-pandemic numbers. Its labor market recovery has been notably slower than that of the private sector, despite infusions of federal funds. A slower recovery in state and local government jobs not only affects constituents who directly rely upon their services but also has devastating impacts on the economic security of those most likely to work in these jobs, disproportionately women and workers of color.

This report provides an overview of why investing in the local and state government workforce is critical for direct service provision and economic security. It includes new analysis showing that the occupations that experienced the largest job losses in 2021 compared with pre-pandemic levels facilitate direct service delivery to constituents. It also includes recommendations for how state and local governments can create a sustainable workforce in the long term through investments in hiring, recruitment, training, and compensation. It is imperative that governments work to address these job losses and strengthen this critical workforce.

State and local governments deliver the services that most Americans interact with every day. These sectors have significant control and impact in many areas:

- Public health infrastructure
- State universities
- Community colleges
- Workforce development systems
- K-12 education
- Public benefit programs, such as TANF and unemployment insurance

They license hundreds of critical occupations; provide law enforcement services; provide housing; oversee elections; and operate highways, parks, libraries, recreation centers, playgrounds, and museums. State and local governments are woven into the very fabric and functioning of our daily lives. For these services to be accessible to constituents, state and local governments need to be at full staffing and operational capacity.

Texas Occupations Code

A good number of the professions you're pursuing require you to be licensed according to the Texas Occupations Code.

We'll dig a bit through this.

- Click here for it. 


For those looking at a medical field: 



- anesthesiology
- radiology
- cardiology
- oncology
- pediatrician
- family physician
- psychiatry

Links 6/6/25

- Pearland, Texas.

- Alvin, Texas.

- Texas Legislature - Bills By Subject: Artificial Intelligence.

- Moses Austin.

- City of Houston sues two affordable apartment complexes over nuisance claims.

- nuisance.

- SUIT TO ABATE CERTAIN COMMON NUISANCES.

- OCCUPATIONS CODE - PROFESSIONS RELATED TO USE OF CERTAIN MEDICAL EQUIPMENT.

- OCCUPATIONS CODE - NURSING PEER REVIEW.

- Barnes v. Felix.

- The Fifth Circuit’s “Moment of Threat” Doctrine: Are Two Seconds Enough Context to Justify Police Use of Deadly Force?

- totality of circumstances.

- Broker.

- HB 353.

- Become an Individual Real Estate Broker.

- Texas Real Estate Commission.

- What Are Financial Securities?

- U.S. Patent Activity: Calendar Years 1790 to the Present.

 

Why aren't there more journalists - and other media types - in Congress?

Good question asked in class today. I do not know.

Media people are hired by folks in Congress and the executive branch to face other media people, but they do not actually hold the office generally. Again, I don't know why.

We discussed this after looking at the graph below on the occupations members of Congress hold. I tried to explain why there are so many lawyers in Congress and mentioned that the principal-agent model of representation suggests that lawyers might be worth "employing" as a representative since lawyers are used to dealing with laws - its what they do. That's not a fully satisfactory answer though.

I do know that lawyers firms and law schools are fertile places places for political activity and recruitment. They are terrific places to tap into political networks that can lead to being recruited to run for office. The same may hold true for business people.

It does occur to me that we probably don't know enough about why certain occupations are over and under represented in Congress. This certainly matters for effective representation - there are 108 business people and 1 union representative in the House. That explains a lot. If anyone reads this that knows of relevant research. let me know what's out there - thanks.

List of professions pursued by summer 1 students:

If you're taking me now you'll note that in written assignment 1 I ask you about what career you plan to pursue. This allows to ficus on what state mandated criteria might be necessary to pursue that career. 

Not all do of course. 

Here is a list of what I received in summer 1. I'll follow up with what licenses are required for the occupations that require them, I'll also ask why they are required.

- Medical / Health Care
Certified Registered Nurse Anesthetist
dentist
child psychiatrist
podiatrist
physician assistant
Dental Assistant Certificate
sonographer
radiologist assistant
surgeon
child and adolescent psychiatrist
nurse
Dental Hygienist
nurse anesthetist
nurse practitioner
Doctor of Nursing Practice
child psychologist
Forensics
forensic pathologist
Registered Nurse
orthopedic surgeon
neurologist
health administration
veterinarian
Esthetician
pediatrician
ultrasound technologist
maxillofacial surgeon
epidemiologist
anesthesiologist
dermatology
pharmacist
psychiatrist
orthodontist
Certified Registered Nurse Anesthetist
clinical psychologist
oncologist
medical technologist
psychiatric physician assistant
Field Technician

- Business
marketing assistant
Real Estate
real estate agent
commercial real estate agent
finance
commercial banking
corporate finance
investment banking
business woman

- Engineering / Technology
engineering
mechanical engineer
biomedical engineer
Aerospace Engineering
chemical engineer
Petroleum Engineer
biomedical engineer
computer scientist or software engineer
web developer

- The Arts
Art Professor
choir director
high school teacher.
High school Art Teacher
film director
music performance
musician
industrial or interior designer
model
actor or singer
architecture

- Law Enforcement
special agent for the FBI
Crime Scene Investigator
law enforcement

- Law
lawyer
family attorney

Commercial Airline Pilot
astronaut
airline pilot

- Science
wildlife biologist
marine biologist

- miscellaneous
traveler
influencer

From Vox: Bernie Sanders is right the economy is rigged. He’s dead wrong about why.

The author thinks the problem is occupational licensing, which is primarily a function of the states.

- Click here for the article.

The first step on the path to wisdom is to give up on the idea that there’s any such thing as the economy, exactly. What we have instead is a dizzying array of interlocking markets that function (or don’t) to meet consumer demand for specific goods and services, and a vast body of law that defines these markets and regulates their operation.

The economy is the sum of this incomprehensibly complex ecosystem of human exchange, and is far too variegated and decentralized to "rig" all at once. So it gets rigged little by little, one market and one jurisdiction at a time.

The story of how the economy gets rigged is therefore a bunch of homely little stories of people with nice watches screwing over people with less-nice watches. But it’s not class war. It’s not the mega rich against the rest of us. It’s insiders seeking and then protecting special privileges that give them a leg up.

Dentists rig the system against dental hygienists by working to make it illegal for hygienists to clean teeth without totally unnecessary supervision by dentists. Taxi medallion oligopolists rig the system against regular folks with cars who would like turn a buck giving people rides. Beauty school cosmetologists rig the system against hair braiders and sidewalk hair-clipper artistes. "Massage therapists" rig the system against anybody with strong hands who might want to give back rubs for cash.

About 30 percent of all jobs in the United States today require some sort of occupational license, up from 5 percent in the early 1950s. This rather dramatic shift is evidence that the economy has indeed become increasingly rigged — which is really just another word for "regulated."

Click here for Texas' Occupations Code.

Links - 10/3/22

- Texas Occupation Code.

- OCCUPATIONS CODETITLE 13. SPORTS, AMUSEMENTS, AND ENTERTAINMENT. 

- City of London.

- History of cartography.

- Clean Water Act.

http://www.uky.edu/~jafine2/nov25.htm

https://avalon.law.yale.edu/17th_century/va01.asp

https://www.supremecourt.gov/

https://www.oyez.org/cases/2005/04-1034

https://news.gallup.com/poll/394103/confidence-supreme-court-sinks-historic-low.aspx

https://en.wikipedia.org/wiki/Occam%27s_razor

https://www.investopedia.com/terms/e/escheat.asp

https://www.scotusblog.com/2022/10/in-a-dispute-over-uncashed-moneygram-checks-delaware-faces-the-ire-of-30-other-states/

https://www.scotusblog.com/case-files/cases/delaware-v-pennsylvania-and-wisconsin/

https://www.businessinsider.com/guides/tech/scam-likely

https://statutes.capitol.texas.gov/?link=PE

https://www.brookings.edu/2022/08/11/the-future-of-crypto-regulation-highlights-from-the-brookings-event/

https://abc13.com/astroworld-aftermath-festival-tragedy-10-people-killed-at-travis-scott-concert-changes-made-after/11769859/

https://www.legalmatch.com/law-library/article/what-is-theft-by-deception.html

https://www.clf.org/blog/fishing-for-a-future/

https://www.insider.com/video-fishermen-erupt-after-tourney-champs-accused-of-cheating-ohio-2022-10

https://carnegieendowment.org/2005/10/18/essence-of-putin-s-managed-democracy-event-819

Random items for 2306 today

A smorgasbord:

Texas Tribune: In Texas, Making Presidential Ballot Won't Be Hard.

The Texas GOP's State Republican Executive Committee has decided that candidates have to pony up just $5,000 — or produce 300 signatures from registered voters in each of 15 of Texas' 36 congressional districts — to qualify.

That means Texas should be a hotly contested March 1 primary for GOP candidates who survive February's early state primary and caucus contests in Iowa, New Hampshire, South Carolina and Nevada — that is, if the candidate or his or her aligned super PAC can afford the sky-high TV advertising rates needed to play in giant Texas.

Texas Tribune: Nationalist Group Wants TX Secession on Primary Ballot.

Texas already seceded once — in 1861, by popular vote in a statewide election. But the Texas Nationalist Movement wants a repeat a century and a half later, and thinks the March GOP primary is the place to start.

The Nederland-based Texas independence group is circulating a petition aimed at getting a non-binding vote onto the GOP primary ballot over whether "the state of Texas should reassert its status as an independent nation."

Their goal? 75,000 signatures from registered voters by Dec. 1 — more than the 66,894 the Texas Secretary of State's office says the group needs to get the language on the ballot.

The Corpus Christi Caller: Comptroller estimates close despite weak oil.

Despite volatility in oil prices, Texas Comptroller Glenn Hegar's predictions for the amount of money the state government will have in 2017 appear to be holding close to reality.

Hegar's forecast was issued in January, just before the 84th legislative session. The comptroller's revenue forecast is used by lawmakers to set the state budget for two years.

Last week, with the end of the fiscal year, all the budget funds' revenue was only 0.2 percent less than expected, finishing the year at $109.5 billion instead of $109.7 billion, according to a release.

My Statesman: Court should level the playing field for charter schools.

We agree with the overall conclusion of the recent editorial about the school finance litigation before the state Supreme Court. But we take issue with the specifics regarding public charter schools and facilities funding. The inclusion of charters in the legal discourse is historic, as no previous suit on this thorny issue has contemplated the constitutionality of public charter school funding. Public charter schools didn’t exist when the early suits were filed claiming Texas under funds its schools.

The Texas Constitution makes it clear the state legislature must establish and provide for an “efficient system of public free schools.” Today, and for the past 20 years, that system includes both traditional and public charter schools. Although the paper contends — as the lower court ruled — that charters are somehow an exclusive creation of the legislature, the fact is both types of public schools are subject to state oversight and funding.

My Statesman: Commentary: Licensing often serves to limit competition and choice.

An average college student in Texas lacking funds needs a quick haircut. Fortunately for him, a friend offers to cut his hair for $5, a fraction of the cost of a barber. The student accepts his friend’s offer and all was well, except one thing: By this transaction, his friend was in violation of state law since he did not possess a barber’s license in the state of Texas.

Occupational licenses may not seem like a hot topic, but with 29 percent of all jobs in the United States now requiring some form of license, the time has come to take a long and hard look at the heavy costs of these licenses on the economy and Texans.

Supporters of occupational licensing claim that they are necessary to safeguard the quality of licensed services, hold practitioners to safety standards, and prevent unethical and dangerous practices. The evidence, however, paints a different picture; licensing laws act more as a form of protectionism for those in licensed professions while blocking access to jobs, stifling job creation, and hindering technological development and access to information. Similarly, increasing technology and market advances are making governmental regulation of occupations increasingly obsolete.

My Statesman: Hays County asks if gun-ban policy is legal.

Hays County officials have asked Attorney General Ken Paxton to determine whether a new state law upends the county’s policy of denying weapons in a county building that includes courtrooms, prosecutors’ offices and the grand jury room.

State law has long prohibited the public from carrying weapons onto “the premises” of courtrooms or offices used by court officials.

But Senate Bill 273, which went into effect Sept. 1, also created stiff financial penalties for governments that improperly ban guns from areas where it is legal for those with a handgun license to carry a weapon. Fines for a first offense range from $1,000 to $1,500, with subsequent offenses topping out at $10,500.

The problem, Hays County Criminal District Attorney Wes Mau told Paxton, is that the three-story Hays County Government Center in San Marcos includes court-related offices where guns are banned as well as places where guns would typically be allowed, such as the tax assessor-collector’s office and the elections office.

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

___________

From the Texas State Law Library: Historical Texas Statutes.

Texas 88th Legislature Day 126 - May 15: the Texas Regulatory Consistency Act

This focuses on that specific bill which is one of a series which attempts to expand state power over local government. In this case, the state will be able to negate local regulations that go further than the state wishes it to.

- From the Texas Tribune: Texas GOP’s broadest attempt yet to erode blue cities’ power gets one step closer to becoming law.

Republican state leaders’ broadest effort to prevent Democratic-run cities and counties from enacting progressive policies — which could drastically limit local government’s ability to make rules on areas like labor rights, drought restrictions and even noise complaints — is one step closer to becoming law.

By a 18-13 vote mostly along party lines, the Texas Senate gave preliminary approval Monday to House Bill 2127. The bill must come back before the chamber for a final vote before it heads back to the House to hash out changes made to the bill.

State Sen. Robert Nichols, a Jacksonville Republican and former mayor, was the lone Republican to vote against the bill.

. . . The sweeping legislation — authored by state Rep. Dustin Burrows, a Lubbock Republican — would bar cities and counties from issuing local ordinances that go further than what’s already allowed under broad sections of state law, including labor, agriculture, natural resources and finance.

The bill’s supporters, including Gov. Greg Abbott and business lobbying groups, have long sought such a law to push back against what they say has become a growing patchwork of local regulations that weighs heavy on business owners and harms the state’s economy.

. . . “The bill is undemocratic,” San Antonio Mayor Ron Nirenberg said. “It is probably the most undemocratic thing the Legislature has done, and that list is getting very long. Local voters have created city charters, and I can't imagine that they will be pleased to have their decisions usurped by lawmakers.”

But those changes might be just the start. The bill is so broadly written that no one knows exactly how much it would ultimately limit local governments’ power to make rules. Opponents say the bill’s reach would likely be determined in the courts as businesses contest ordinances they dislike, one at a time. Meanwhile, they fear, local leaders would be powerless to respond to problems in their backyard — and left at the mercy of an uncaring Republican-dominated Legislature. Democrats predicted that lawmakers would be back in two years to try to rein in unintended consequences of the law.

State Sen. John Whitmire, a longtime Houston Democrat who’s running for Houston mayor, said the bill would be the “final nail in the coffin” of local government and put an end to the concept of “local control.”

 

The bill in question is the Texas Regulatory Consistency Act (CSHB 2127).

- Click here for support by the National Federation of Independent Business.

- Bill Analysis: 

C.S.H.B. 2127 amends the Agriculture Code, Business & Commerce Code, Finance Code, Insurance Code, Labor Code, Natural Resources Code, Occupations Code, and Property Code to preempt the municipal and county regulation of conduct in a field of regulation occupied by a provision of those codes, unless expressly authorized by another statute. The bill renders void and unenforceable and deems inconsistent with the referenced codes any ordinance, order, or rule in violation of the state preemption established by the bill.  

Related Concept: State Preemption. 

- The Policy Surveillance Program: State Preemption Laws.

- Preemption of Local Laws in Texas.

- LII: Preemption.