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"My five cents" ...... January 12, 2012
By Senator Robert Nichols

Texas environmental agency helping cut through red tape

As a former mayor and business owner, I understand the challenge local governments and businesses face when trying to comply with state standards and regulations. As a state senator, I keep these perspectives in mind to avoid unfunded mandates and overregulation.

I also support the efforts of agencies, such as the Texas Commission on Environmental Quality (TCEQ), for their work to help citizens cut through red tape. Environmental laws and regulations can be some of the most challenging and confusing parts of government. Recently, TCEQ created two resources to help, the Small Business and Local Government Assistance program and the Rural Ombudsman's Office.

Through the first program, TCEQ provides free, confidential assistance to small businesses and local governments on air, water, waste, and pollution prevention issues without the threat of enforcement. In addition, the program's Web site, texasenvirohelp.org, serves as a resource for air, water, waste, and industry requirements.

Businesses and local governments can request one-on-one assistance and free, on-site environmental compliance assessment, and all information remains confidential from the TCEQ's enforcement process. Also, by visiting texasenvirohelp.org you can find a number of tools, regulatory guidance leaflets, and checklists for various industries, such as auto body shops, dry cleaners and automotive repair facilities.

The TexasEnviroHelp hotline is 1-800-447-2827.

The second thing TCEQ has done to help serve citizens better is hiring an advocate for rural governments. Several years ago, I came to the TCEQ with examples of times when communities in my district faced challenges complying with agency rules and addressing citations. In response, the TECQ created a rural advocate to serve within the agency, known as the rural ombudsman.

This advocate helps facilitate communication between the agency and local governments, listens to concerns from rural representatives to help find solutions, and assists TCEQ in understanding the special needs of small communities.

You should contact the rural ombudsman if you are an official or employee of a community who needs help understanding a compliance matter, wonders how a specific action might affect your community, or if you have called the TexasEnviroHelp Hotline and still need additional information. The rural ombudsman, Jason Robinson, can be contacted directly at 512-239-6710 or by e-mail at Jason.Robinson@tceq.texas.gov.

If you need help with matters concerning Texas environmental regulation, I encourage you to take advantage of TCEQ's outreach services. Of course, if you are having trouble with any state agency, I also encourage you to contact your nearest Senate District 3 office directly or the Austin office at 512-463-0103.

"My five cents" ...... December 8, 2011
By Senator Robert Nichols

Riding off into the Sunset...
How Texas helps keep state government efficient and small

The unfortunate nature of government is to grow larger as more laws are passed, more agencies are created, and new programs are added. While good government often requires new approaches, innovation and efficiency can be strangled in the red tape of bureaucracy.

In Texas, we try to keep state government efficient and small through the sunset process. Unlike their federal counterparts, state agencies in Texas are not allowed to exist indefinitely. Instead, the existence of an agency must be legislatively justified on a regular basis, usually a period of every 12 years. If an agency or board is not continued through legislation, it will automatically be discontinued.

The Texas Sunset Advisory Commission, on which I proudly serve, makes recommendations not only for which agencies to continue to operate but also how agencies might operate more efficiently and better serve the public. The commission meets and votes year round, not just during session.

Since 1977, when Sunset began in Texas, 78 agencies have been abolished including 37 agencies that were completely abolished and 41 that were abolished with some functions transferred to other agencies. In 2011, the Legislature completely abolished two agencies and transferred the duties of four others. I guarantee you won’t miss them. Sunset reforms from the last legislative session are estimated to have saved the $161 million in the state’s current budget.

The goal of Sunset is not just to save taxpayers money, which it does. The goal is also to hold agencies accountable and make their processes as fair and transparent as possible. For example, during the last session legislators restructured youth justice programs in response to abuse experienced by young inmates. The Sunset Commission also makes across-the-board recommendations for all agencies such as policies to prevent conflicts of interest by board members.

Beginning in January, the Sunset Commission will review and make recommendations for 24 agencies. These include the Texas Education Agency, Ethics Commission, the Higher Education Coordinating Board, and the Board of Pardons and Paroles.

Part of what makes Sunset so effective is input from the public. Not only do two members of the public serve on the Sunset Advisory Commission, but public input is welcomed throughout the entire Sunset process. Anyone can communicate concerns to Sunset staff who review an agency, testify at a Sunset meeting, or testify at a legislative hearing. To learn more about how you can directly participate, you can visit the Sunset Web page at: http://www.sunset.state.tx.us/. Of course, you may also contact my Capitol office directly at 512-463-0103. As a member of the Sunset Advisory Commission, I am especially eager to hear from the people of Senate District 3 how state agencies may better serve you.

"My five cents" ...... - July 1, 2011
By Senator Robert Nichols

In the movie Groundhog Day, Bill Murray's character wakes up again and again only to find he is stuck living the same day until he finally gets the day right. Going into special session immediately after the regular session sometimes felt like groundhog day. There were several pieces of legislation I voted on five or six times as different versions came through committee and then the Senate.

After 30 days the special session did come to an end. Did we get it right? That is ultimately up to the voters, but I do think we got a lot done. In this last column for the session, instead of telling you five things that happened just this week, I thought we could look back at five areas where the Legislature made reforms during the last six months.

1. Balanced state budget with no new taxes

Though Texas has fared better than other states in the recent recession, the state still faced a significant financial shortfall. The Texas Constitution requires the Legislature to both pass a budget and that it be balanced. It took a special session to complete all the work, but the Legislature passed a balanced budget with no new taxes and protected the integrity of the Rainy Day Fund. To do this, we cut more than $15 billion from current spending levels and focused on the state services that are the most essential including healthcare services and education.

2. Border Security improvements

While border security is ultimately a federal issue, Texas cannot afford to ignore the risks at the state level. This session the Legislature increased the presence of Department of Public Safety officers on the border, improved surveillance, and created policies to help prevent individuals here unlawfully from gaining a Texas driver's license. While the Legislature was ultimately unable to pass a bill outlawing sanctuary cities, many of the provisions of that bill were included in other legislation.

3. Protections for private property rights

Texas has a long history of supporting the rights of private landowners and homeowners. This session the Legislature enacted additional provisions related to eminent domain, which is when the government allows for the taking of private land in the name of the public interest. These reforms include clarifying that eminent domain must only be used for public projects, requiring landowners be compensated for diminished access to their property, and allowing landowners to repurchase their land for the original price if the land is not used for its intended purpose. Additionally, the Legislature passed legislation to strengthen a landowners claim to the groundwater under their property.

4. Preserving veterans' property tax exemptions

One way Texas honors its military is by extending property tax exemptions to our disabled veterans. Sadly, this exemption expires when the veteran passes away and a surviving spouse must then pay property tax that was previously exempted. Under legislation passed this session, surviving spouses may continue to receive the benefit after the death of the veteran. Disabled veterans may also now carry their exemption from one home to another if they move into a different house.

5. Pro-life reforms

The Legislature passed three pro-life reforms this session. The first is a prohibition of using tax dollars to fund abortions, which was passed as part of a larger healthcare reform bill. Second, the Legislature authorized a "Choose Life" specialty license plate where the proceeds will go to adoption programs. The third is a requirement that medical professionals give a woman seeking an abortion the option to view a sonogram of her child before the procedure. This helps ensure that a woman has access to all the relevant information when making such an important decision.

While the legislative session and special session are over, my work continues. Serving you in the Texas Senate is one of the greatest honors of my life. I look forward to getting back to the district and visiting with you about your questions and concerns. While the Legislature will not meet again for another 18 months, now is the time to start thinking about what other reforms our state should consider. Feel free to contact me or my staff at the Capitol office or a district office any time.

"My five cents" ...... - June 24, 2011
By Senator Robert Nichols

This week Texas finally received some relief from drought as thunderstorms rolled across the state. Here at the Capitol rain fell, but the real storms were inside as legislators worked to finalize legislation before the end of the special session in a few days.

Five things that happened this week at your Texas Capitol are:

1. Governor Perry Announced vetoes

Last Friday, Gov. Rick Perry announced his vetoes of bills from the 82nd Legislative Session. He rejected 24 bills including a ban on texting while driving and legislation allowing transit buses to use highway shoulders. While the Legislature may in theory override a veto with a two-thirds vote, that vote is impossible if the Legislature is not in session. Because almost all legislation is finally passed in the last days of session, there are very few bills the Legislature could revive should the governor veto it. This makes the governor's veto a very powerful tool because it can completely shut down legislation despite its passage by the Legislature.

2. Anti-grouping legislation added to the special session call

On Monday, Gov. Perry expanded the call for special session to include legislation concerning airport security searches. During the regular session, the House passed a bill banning intrusive searches by Transportation Security Administration (TSA) officials. The bill stalled at the last minute in the Senate and did not pass before the legislative deadline. I voted for this legislation in committee during the regular session and plan to vote for it again during the special session.

3. Senate approves redistricting committee

The Senate approved a bill that would establish a bipartisan committee to determine congressional boundaries when redistricting every 10 years. The committee would consist of four Republicans and four Democrats selected by the House and Senate. A ninth non-voting member would be selected by a majority of commission members to serve as the presiding officer. I voted against this bill because I believe it is the Legislature's constitutional duty to draw and approve Congressional districts. While the legislation passed the Senate, it may not have time to make it through the House before the special session ends.

4. Texas Windstorm Insurance Association debated

Legislators may face another special session if issues related to the Texas Windstorm Insurance Association (TWIA) are not resolved. The quasi-governmental association was created in 1970 to provide insurance for coastal residents after many insurers pulled out of the market following Hurricane Celia. At issue are the amount policyholders may sue for if denied their claim and if the state still needs TWIA at all. If a resolution is not reached, Gov. Perry has indicated he will call another special session to settle this issue before the upcoming Hurricane season. A bill has passed the House and Senate, but the differences between the two versions must still be worked out by the end of special session on June 29.

5. Amazon looking for a deal from the state

Online retailer Amazon, tried this week to negotiate a deal with Texas officials for a break in sales tax in exchange for generating jobs in Texas. The company promised to invest more than $300 million and create at least 5,000 jobs in Texas during the next three years if lawmakers would approve a measure exempting Amazon from collecting online sales tax in Texas for the next four-and-a-half years.

In February, Amazon announced it would close its Texas distribution center after Texas Comptroller Susan Combs tried to collect more than $200 million in sales tax from the retailer. While online companies without a physical presence in Texas do not have to collect sales tax, Comptroller Combs argued the retailer's distribution center made sales to Texas residents subject to sales tax.

To make the deal work, a last minute change would have to be added to Senate Bill 1 and the Legislature may not be willing to make such a dramatic change in the final hours of the special session.

"My five cents" ...... - June 17, 2011
By Senator Robert Nichols

In the days before air conditioning, legislators worked to wrap up session before the heat of summer. With Austin temperatures above 100 degrees this week, I can appreciate their desire to get out of town. Despite the climate control currently in the Texas Capitol, things heated up as the Legislature seeks to pass bills and finish the special session.

Five things that happened this week at your Texas Capitol are:

1. Senate approves Sanctuary Cities prohibition

After a long debate on Tuesday, the Senate passed Senate Bill 9. This bill prohibits cities and municipalities from creating policies requiring law enforcement to ignore federal immigration law. It allows officers to inquire about the immigration status of any person arrested or legally detained and prevents cities from creating regulations against such questioning.  

As a member of the Senate Transportation and Homeland Security Committee, I voted for this legislation twice during the special session, first in committee and then on the Senate floor. The bill now goes to the House where similar legislation passed during the regular session.

2.  Senate Conferees named on budget bills

The Senate and House both passed the two major bills needed for a balanced state budget. Because there are differences between the House and the Senate versions of each bill, a conference committee is needed to work out the differences. This week conference committees were selected.

A conference committee consists of five members of each chamber. Once a majority of conference committee members sign off on a version of the bill, that version goes back to both chambers for final approval. Sometimes a bill can pass both the House and the Senate but fail to become law because time runs out, or the needed votes are not available to approve the compromise version.

As a member of the Senate not on the conference committee for either of these bills, I will not have the opportunity to vote individually on the House amendments. I can either vote for or against the conferences' versions of these two bills. The conferees are busy working out the differences in the budget bills, and I anticipate the conference committee reports will be brought before the Senate next week.

3. Congressional Maps approved by the House

The House passed Senate Bill 4 which draws lines for Texas Congressional seats, including the four new seats Texas received following the 2010 Census. While it looks like the Legislature will be able to pass a Congressional map during special session, the process will not be completely finished. Many anticipate the map will be challenged in court by a variety of special interest groups.

4. House approves healthcare compact

The House passed House Bill 5, which would allow states to take financial control of health programs like Medicaid and Medicare from the federal government by entering into agreements known as health care compacts with other states. Other states, including Oklahoma and Georgia, have passed similar laws. While it may be an uphill battle to get the necessary waivers from the federal government for a compact, states must take steps to address the unsustainable cost increases of these programs.

5. Flag Day celebrated at the Capitol

On June 14 at the Capitol we joined other Americans in celebrating Flag Day, the day to commemorate the official adoption of the flag of the United States of America. While many Americans show their patriotism by flying an American flag on Flag Day and throughout the year, some homeowners associations have prevented such a display. During the regular session, the Legislature passed a bill to protect homeowners' free expression in flying a flag. House Bill 2779  guarantees Texans the right to display their American, Texas and U.S. Military flags on their property. It is literally a way to let freedom fly in the Lone Star State.

"My five cents" ...... - June 10, 2011
By Senator Robert Nichols

A couple of weeks ago, I compared the regular legislative session to a three-ring circus. Special session, however, feels more like a playground. Some bills are stuck on the merry-go-round not making any progress. Other bills are headed down a slide never to be heard from again. The most pressing legislation is on a see-saw as it quickly goes from one chamber to the next and then back again.

Five things that happened this week at your Texas Capitol are:

1. Funding bill passes Senate

It was a filibuster of a funding bill that created the need for a special session, but the same bill passed the Senate last Friday. It is the final piece for passing a balanced budget with no new taxes. The budget is billions less than the previous two-year state budget, and it continues for two more years the business tax exemption for companies with less than $1 million in sales. The new budget protects the integrity of the state's Rainy Day Fund, using only a portion of it to make up a shortfall in the previous budget. The House is currently debating the funding bill.

2. Sanctuary cities added to the call

During special sessions, the Legislature can only consider legislation relating to issues on the call, which is controlled by the Governor. The governor may call a special session for one or more particular issues but then may add other issues to the agenda for the 30-day session. This week Gov. Perry added outlawing sanctuary cities to the call. Sanctuary cities is the term used for municipalities that prohibit local law enforcement from inquiring about the citizenship status of an individual. The legislation to ban sanctuary cities, Senate Bill 9, is co-authored by every Republican in the Senate.

3. Flexibility for education mandates given to school districts

Before each legislative session, I try to meet with the more than 80 superintendents for school districts in Senate District 3. Before this last session, I heard one thing from these superintendents over and over again. They stressed that if budget cuts had to happen, giving the schools more flexibility and relief from unfunded mandates would help them make the most of limited education dollars. Senate Bill 8, which was passed by the Senate this week, helps give school districts some flexibility. It allows school districts to require a limited number of furlough days and removes the minimum salary requirements for teachers. While these solutions are less than ideal, they are temporary solutions to a temporary problem. School districts only have this flexibility when school funding is less than current dollar amounts.

4. Congressional redistricting map approved by the Senate

On Monday the Senate approved a map for Congressional districts in Texas, business that was left undone during the regular legislative session. In addition to establishing new lines for current districts, the new map includes four new districts which Texas gained after the last census. One of those new districts is significant to East Texas. The proposed District 36 is made up of several East Texas counties and a small part of Harris County. The map has been approved by the Senate and the House Committee. It now goes to the full House for consideration.

5. Health bill approved by the House and Senate

The House passed Senate Bill 7, which improves efficiency for Medicaid and is expected to save the state more than $400 million during the next two years. The bill allows doctors and other health providers to partner with hospitals to achieve better health outcomes. The House added several amendments including a measure to prevent taxpayer money from paying for abortions. The bill, having passed both chambers, now goes to conference committee to work out the differences in the two versions.

"My five cents" ...... - June 3, 2011
By Senator Robert Nichols

The most exciting sporting events are those that go into overtime. The basketball championship settled by a single three-point shot or a football game that comes down to one final drive adds to the drama of sports. The Legislature found itself in a similar situation this last week when time ran out and bills were left without final approval, including legislation to determine education funding.

We are now in legislative overtime to resolve some of these issues. Unlike a game, however, there is much more at stake than a trophy and bragging rights. My goal during this special session is to help all of Texas win with the best policies possible to resolve our current funding issues.

Five things that happened this week at your Texas Capitol are:

1. Special session called

Monday was the last day of the regular legislative session, but Gov. Rick Perry called legislators back the next day to finish work on education funding and Medicaid reforms necessary to enact the state budget. Perry later added Congressional redistricting to the agenda. The Governor may add other issues as the session progresses. A special session can last up to 30 days, but the governor may call additional special sessions as needed.

2. Bill to protect water ratepayers hits a roadblock

Sometimes bills die because they cannot pass the Senate. Sometimes they die because they cannot pass the House. Unfortunately, some bills are passed overwhelming by both chambers but die because they are caught behind other legislation at the end of session.

That is what happened to my Senate Bill 635 which created policies and protections to help ratepayers paying excessive water and wastewater bills. Senate Bill 635 would have transferred ratemaking from the Texas Department of Environmental Quality to the Public Utility Commission. The bill would allow the executive director of the PUC to establish an interim rate to provide relief to ratepayers and allow for the Office of Public Utility Council to represent the interests of residential and small commercial consumers during rate cases. Because I believe these reforms are needed as soon as possible, I am asking Gov. Perry to add this issue to the call for the legislative session.

3. Second Amendment rights for employees driving to and from work protected

The Legislature passed Senate Bill 321 which will prevent employers from adopting policies that deny Second Amendment protections to their employees who wish to store legally owned firearms in their locked vehicles while at work. Millions of Texans spend hours each week in their cars and trucks as they commute to and from work. Unfortunately, many Texans are prohibited from storing their legally owned firearm in a locked vehicle on company property.

Senate Bill 321 balances the rights of both the employer and employee. Under the new law, employees will regain their express right to store legally owned firearms and ammunition in their vehicles at their place of work, and with it, the ability to protect themselves as they travel to and from their jobs. Employers will be protected from any lawsuit resulting from the use of a firearm stored on their property, and they can still forbid an employee from carrying a firearm in company owned vehicles.

4. Local control for transportation projects

The Legislature passed Senate Bill 19 which is a continuation of the work I started with the moratorium on private toll roads four years ago. This bill guarantees that not only will local entities always have the first opportunity to decide if a transportation project will be tolled it gives them the first opportunity to execute the project.

5. Remembering Texas' Heroes during Memorial Day Weekend

Despite the hectic end-of-session schedule over Memorial Day Weekend, the Legislature took time out to honor and remember the military men and women who lost their lives during the last two years. Two families from Senate District 3 who lost loved ones participated in the ceremony. As an elected official, I sometimes get to meet distinguished people, but there is no act more humbling than thanking these Texans who made the ultimate sacrifice for freedom.