The Senate Committee on State Affairs has released their Interim Report to the 86th Legislature. For complete details on the interim charges taken up including background on the recommendations, please review the Interim Report in its entirety.
Recommendations
Interim Charge 1 – Natural Disaster Government Interaction
Because of Texas’ fast growing population, the financial threshold that triggers federal emergency assistance will likely increase to over $40 million. In light of this reality, the state must plan accordingly to ensure it has the necessary financial reserves to appropriately respond to disasters knowing that the cost to the state may be greater moving forward. Furthermore, the Governor’s Disaster Contingency Fund has proven to be a vital mechanism for disaster relief efforts and is paramount to the state’s quick response during a major disaster. Oftentimes, federal assistance may take months to fully receive; therefore, the legislature should ensure adequate funding remains for times of emergency when Texas citizens need assistance quickly.
The delay in getting federal disaster recovery centers up and running can be anywhere from one to two months. While some delays are understandable, many disaster victims suffer during the transitional period before FEMA arrives. Therefore, the state should consider increasing the funding of TDEM to allow for the employment of skilled recovery experts to enter a devastated area and work to mitigate suffering while FEMA ramps up its services. The state should also examine the possibility of establishing a network of social service agencies throughout the state that could rapidly deploy skilled professionals to initiate social services during the FEMA ramp up period.
Many problems resulted during Hurricane Harvey due to inconsistencies in inundation and flood maps leaving homeowners unadvised about potential flooding risks. Even if a homeowner does not reside in a flood zone, every structure is susceptible to flooding at some level. The legislature should examine efforts to require all residential maps to be updated to reflect current flooding models that clearly indicate the area’s flood-risk level rather than its mere location in the floodplain. Although many areas of the state are not likely susceptible to flooding, homeowners should still be made aware of any potential flooding risks.
During Hurricane Harvey, the OAG received a number of requests from local jurisdictions seeking legal guidance on various issues. Getting answers to these issues and resolving them in a timely manner is critical during times of disaster. However, even during times of emergency, current Texas law strictly limits which parties the OAG may provide legal advice to. The legislature should review current restrictions and consider amending the Texas Government Code to enable the OAG to provide legal counsel to local jurisdictions during a disaster response. Ensuring that local officials have the tools necessary to appropriately respond to constituent requests is especially critical immediately following a major disaster.
The Public Information Act and Open Meetings Act also presented challenges for local officials attempting to coordinate and respond to the emergency in a timely manner. While transparency in government is important and must be preserved, governmental entities need to be able to focus on responding to emergencies without undue restrictions. The safety and well-being of Texas citizens must take priority in times of emergency. Although there are limited exceptions for disclosure of public information and of certain types of communication among elected bodies, there are no specific exceptions during times of disaster or emergency. Potential, very limited exceptions may include situations in which the governor has officially declared an emergency in certain jurisdictions to ensure these officials are able to focus on response efforts and do not become restricted by the Public Information Act or Open Meetings Act. These limited exceptions can still be crafted in a manner that retains transparency and does not enable governmental abuse. These exceptions should specifically include instances where the governmental body is able to demonstrate that the disaster made compliance with the Public Information Act or Open Meetings Act unduly burdensome or would hinder the governmental body’s ability to adequately respond to the emergency. Clearer parameters regarding how governmental bodies are able to meet or communicate during a disaster would also enable more efficiency responding to these disasters.
Finally, the state’s infrastructure, and potential evacuation routes, must continuously be evaluated by the appropriate agencies. The population of Texas continues to rise rapidly, leaving more and more Texans susceptible to experiencing a disaster or emergency. The roadways, bridges, dams, and waterways must be able to adequately support Texans, especially during times of disaster. Evacuation routes are critical immediately following a disaster and must be evaluated routinely. TxDOT must coordinate with the legislature to ensure the proper infrastructure exists to provide safe avenues for Texans to safely travel during evacuations. Although each disaster is inherently unique, each event also signifies a new learning opportunity that all levels of government must capitalize on to improve future response efforts.
Interim Charge 2 – Natural Disaster Source of Information
Even though government officials work around the clock to serve Texas citizens, unforeseeable obstacles during times of disaster or emergency may lead to breakdowns in communication between government officials and the general public. Because each disaster is unique and presents its own challenges, a single, web-based source of comprehensive information that outlines State Emergency Operations may be extremely helpful for citizens that are directly, and even indirectly, affected by the disaster.
Although multiple state agencies already post pertinent information online and disseminate this information through various media outlets, there is no single location that details comprehensive disaster information such as evacuation routes, temporary housing options, licensing issues, insurance questions, law enforcement assistance, missing persons, consumer protection issues, public safety alerts, and other critical information that members of the public may desperately need. Because DIR already activates its disaster portal under the Texas.gov program when the Governor’s office declares a disaster, DIR may be in the best position to proficiently and effectively manage a single, web-based source of information that outlines State Emergency Operations during times of disaster. DIR currently has the technology, expertise, and resources to efficiently manage and operate a new web based source of information for Texans citizens. Because it is critical to inform the public during times of disaster and emergency, this disaster portal could also be expanded to cover all major emergencies that pose a public safety threat. Natural disasters are not the only events that threaten public safety. To ensure success of this comprehensive disaster portal, it is essential that DIR consult with local officials regarding the most efficient manner to operate. Should DIR successfully implement this new portal that is capable of utilizing information disseminated by local officials, local and state officials must promote and educate the public about this resource to ensure it is fully utilized.
DIR must coordinate with local officials when managing this web-based portal. Local officials will always be the front line of information in disaster and emergency situations; therefore, it is critical that DIR work in tandem with these officials to ensure information is transmitted seamlessly to the public in the most timely manner possible. Although DIR cannot force local officials to participate in the coordination of this disaster portal and information sharing, local officials should utilize all available avenues to provide valuable information to their constituents. A single, web-based source of comprehensive information that outlines State Emergency Operations during times of disaster and emergency, managed by DIR, may become a valuable and useful instrument government officials have to effectively communicate with their constituents.
Interim Charge 3 – Price Gouging
The OAG’s Consumer Protection Division took an aggressive approach to processing and investigating the thousands of complaints it received during and after Hurricane Harvey. The OAG efficiently sorted through the complaints and investigated each submission with due diligence. However, overall, businesses in the community treated Texans fairly in the wake of the disaster. Because future disasters are inevitable in Texas, the legislature must continue to ensure that the OAG has the tools and resources necessary to educate businesses and properly enforce the consumer protection laws, including the price gouging statute. These consumer protection laws are critical for Texans who may be struggling to survive in the wake of a life-altering disaster.
Interim Charge 4 – Looting Crimes
In the wake of a natural disaster such as Hurricane Harvey, it is important to examine whether law enforcement and prosecutors had the tools necessary to deter potential looters and to punish those who did choose to take advantage of the disaster. A review of the looting enhancement statute, and of how that statute works in practice, clearly demonstrates that the enhancements are a useful tool to prosecutors and are being used with the proper discretion. However, as the state experiences more disasters and learns from these events, amending the statute may prove to be prudent.
First, the legislature may consider cleaning up the language of Section 12.50 by repealing the unnecessary and potentially confusing subsection (d). This subsection is superfluous, as a defendant would not need an affirmative defense to the enhancement penalty for a theft offense, since the underlying offense could not be prosecuted if such a necessity defense applied to the case. Second, the legislature may consider modifying the subset of offenses to which the enhancement penalties apply.
It is possible that the scope of offenses eligible for enhancement penalties could be broadened to include such crimes as arson, burglary of a vehicle, and criminal trespassing. These statutory revisions may further deter looting-related crimes in the future and also ensure prosecutors have the tools necessary to effectively prosecute potential offenders.
Interim Charge 5 – Second Amendment
The committee took no action relating to this charge.
Interim Charge 6 – Pensions
Every state and local pension plan has its own history, legal framework, and characteristics. Due to this complexity, solutions to pension funding and other challenges must be tailored to the individual needs and circumstances of participating employers and workers. Regardless, each public pension system, in coordination with local and state government, should have a clear pension funding policy that lays out a plan to fully fund pension benefits within a reasonable time period. A sound pension funding policy offers guidance in making annual budget decisions, documents prudent financial management practices, and provides transparency as to how and when pensions will be funded. Policymakers, stakeholders, and the public need full disclosure on investment performance and fees to ensure that risks, returns, and costs are balanced in ways that follow best practices and meet funds’ policy needs.
In examining pension plans that are well funded, certain strategies stand out. Without exception, these pension plans have been able to count on the employer contributions. These governments routinely make their full contribution whether the economy is prosperous or not. Additionally, if the pension system needs to make changes to their pension plan design, it is done based on reliable data; all stakeholders are engaged as changes are considered; and pension plan objectives remain a priority.
Finally, well funded pension plans are rigorous in examining their assumptions to ensure they accurately reflect the plan’s experience and that any needed adjustments can be made in a timely fashion.
Improving a pension plan’s funded status can be achieved with discipline and commitment. As more workers retire and a younger generation moves into the government workforce, attracting and retaining well qualified individuals is more important than ever. Therefore, it is critical to balance stakeholder objectives to produce a sustainable retirement system that is both competitive and cost effective.
The Texas Legislature must keep these strategies at the forefront to ensure public pension system retirees’ benefits are preserved and protected for generations to come.
Interim Charge 7 – Attorney General Jurisdiction
Abortion
All laws must be equally and uniformly enforced across the state, regardless of the political nature of the issue. Without consistent enforcement from law enforcement and prosecutors, the Texas justice system fails to protect all Texans. If there is disagreement regarding public policy, change must be sought through the state’s policy makers. To ensure uniform enforcement of alleged violations of the state’s abortion laws, the legislature may deem it appropriate to provide the OAG with concurrent jurisdiction in these limited abortion-related cases.
Multi-jurisdictional Human Trafficking
Traffickers have found ways to quietly and almost completely invade our home life, our school life, and the youth culture. In 2016, there were more than 7,600 cases of human trafficking reported nationwide, according to the National Human Trafficking Hotline. Texas accounted for 665 of the cases reported, trailing only California with the most reports of human trafficking.
Federal law enforcement agencies are getting creative in their efforts to fight the epidemic of human trafficking. The Texas Attorney General has established the HTTOC unit as a new tool to combat human trafficking. However, more must be done. Permitting the OAG concurrent jurisdiction on human trafficking cases may further the state’s effort to combat these crimes. Every effort and resource must be utilized to fight these crimes and ensure uniform enforcement across the state. It is imperative that current law and jurisdictional limitations do not inadvertently create a “safe heaven” for traffickers to abuse the criminal justice system to avoid detection or prosecution.
Interim Charge 8 – Court Fees
Moving forward, the legislature should ensure that a thorough review of all court costs and fees is conducted. The review should ascertain which costs and fees do not have a stated statutory purpose.
It should also ascertain if any revenue from criminal court costs and fees is being directed toward functions which may not be considered legitimate criminal justice purposes. Additionally, the legislature should collaborate with OCA to develop a method to simplify the current court cost and filing fee structure to reduce the difficulty of administration by clerks. As part of this process, the legislature should work with OCA to gather information that would show the fiscal impact of these changes on local and state revenue which could in turn improve efficiency.
The legislature should also seek to simplify the court cost and filing fee structure by limiting the number and differentiation of costs and fees. Establishing a mechanism to regularly review these costs and fees would ensure that they are appropriate and that they maintain a simplified structure. Finally, working preemptively, the legislature should ensure that newly enacted costs and fees are used for a legitimate justice purpose and that the costs and fees are structured in such a way to reduce complexity. These statutory revisions and simplifications may reduce the inefficiencies of the justice system and greatly improve the court cost and fee structure throughout the state.
Interim Charge 9 – Campus Free Speech
As public awareness of the campus threats to free speech grows, bipartisan consensus on upholding the First Amendment may grow as well. Improving campus climate, both for those speaking and for those listening, can only result from a commitment to civility, dialogue, and education. If Texas is going to continue to lead in higher education and foster the next generation of leaders, colleges and universities need to invigorate the marketplace of ideas on campus by protecting the free speech rights of all college students.
Although protecting free speech rights on campus has put fiscal pressures on some colleges and universities, there should be no monetary barrier to uphold the First Amendment to the United States Constitution. In order to strictly adhere to the First Amendment, institutions need to thoroughly review policies relating to fees charged for an approved invited speaker to ensure fees do not abuse the First Amendment rights of students. Thus, public universities and colleges must be fiscally responsible with any budget reserves and work diligently with the Texas Legislature to ensure it has the appropriate funding to adequately and efficiently carry out its mission.
Texas colleges and universities’ mission should embody an environment that fosters tolerance and mutual respect among members of the campus community, an environment in which all students can exercise their right to participate meaningfully in campus life without being subject to discrimination. Because of this, colleges and universities need to vigilantly defend the equal rights of all speakers and all ideas to be heard, and promote a climate of robust dialogue and debate open to all views, no matter how controversial. Presenters and protesters can both be heard without one infringing upon the rights of the other. Campus policies should reflect this, and administrators must act to prevent speakers and listeners from being deprived of their constitutional rights.
Interim Charge 10 – Religious Liberty
The Legislature should continue to ensure that the government does not force individuals, organizations, or businesses to violate their sincerely held religious beliefs. The First Amendment rights of all Texans must be protected. In order to avoid lengthy and costly litigation, the Legislature should enact targeted religious liberty protections designed to address specific violations of an individual, business, or organization’s sincerely held religious belief.
Interim Charge 11 – Monitoring Charge
SB 2190
Without the reforms in Senate Bill 2190, the City was headed towards bankruptcy, meaning it could no longer meet its pension obligations, which would have been detrimental to all three pension systems. Although Senate Bill 2190 certainly protects the City’s taxpayers and future City budgets, it also establishes clear funding policies requiring the full recommended contribution be made by the City to all three plans each year. These required annual contributions to the pension systems will move each pension system towards long-term stability.
Although Senate Bill 2190 was certainly challenging for interested parties, the reforms made lead to a more secure future for the retirement plans and its members. The reforms represent meaningful progress towards establishing a fair and sustainable solution to the City’s pension problems. Without the reforms in Senate Bill 2190, the City was headed towards a financial crisis while the pension systems faced serious funding shortfalls and rising pension costs that would have jeopardized their long-term sustainability.
Accordingly, the Legislature should continue to monitor the financial conditions of the public pension plans to ensure the long-term sustainability of those plans. Furthermore, the Pension Review Board must remain diligent monitoring the implementation of Senate Bill 2190 to ensure all parties continue to follow current actuarial best practice standards and are in full compliance with state law. As public pension systems from around the country continue to face challenges that threaten solvency and longterm sustainability, Texas must ensure its public retirees’ benefits are safeguarded.
HB 3158
Without the reforms in House Bill 3158, DPFP was expected to be insolvent by 2027. Although House Bill 3158 was certainly challenging for both the City and DPFP members, the reforms protect the City’s taxpayers and future City budgets while also establishing clear funding and governance policies that benefit DPFP members. Although it will not happen overnight, these reforms will gradually move DPFP towards long-term stability and establish a pathway for a more secure future for DPFP and its members.
Accordingly, the Legislature should continue to monitor the financial conditions of the public pension system to ensure its long-term sustainability. Furthermore, the Pension Review Board must remain diligent monitoring the implementation of House Bill 3158 to ensure all parties continue to follow current actuarial best practice standards and are in full compliance with state law. As public pension systems from around the country continue to face challenges that threaten solvency and long-term sustainability, Texas must ensure its public retirees’ benefits are safeguarded.
HB 3976
Since the reforms took effect January 1, 2018, retirees’ stories have resonated with members of the Legislature. The Legislature understands that TRS retirees are on fixed incomes and most, if not all, do not receive social security. However, it was clear that allowing the plan to fall into a “death spiral” was not acceptable. Given limited options and resources, the 85th Legislature made difficult choices to ensure the program was maintainable so that all retirees would not lose their health insurance benefits. The 85th Legislature also demonstrated its commitment to the program by permanently increasing the State’s and districts’ funding, and continuing to provide additional appropriations in the form of supplemental funding. Without the additional funding the State has provided over the past few biennia, TRS-Care would have been forced to shut down.
As the impact of House Bill 3976 continues to be analyzed, addressing the chronic funding problems of TRS-Care will continue to be a priority of the Legislature. Maintaining a plan that is sustainable and affordable continues to be the priority. Accordingly, the Legislature should continue to monitor the financial conditions of TRS-Care, and when necessary, take actions to ensure the plan is affordable for retirees, and sustainable to guarantee retirees’ access to health care coverage.
SB 16
The committee took no action relating to this charge.
