Capitol Action Report- 4/18/23
Joleen E Smith | Published on 4/18/2023
 |
While there is no official ‘crossover’ day in Texas, popular wisdom has it that unless bills currently under consideration in each chamber are voted on and cross over to the other chamber this week there is no longer enough time in the session for those bills to pass. Many of the bills we have been watching are in position to cross over this week. (See Stephanie Swanson's report below on the many election bills that are making their way from one chamber to the other.)
Also of note, HB 2127, the Texas Regulatory Consistency Act, which broadly and prospectively preempts the ability of local government to respond to constituent needs, is awaiting a vote in the full house. (Please see the updated action alert below.) This is an important bill with serious repercussions for our major population already seriously underrepresented in the Legislature.
A bill that has already crossed over is SB 1933. Originally, this bill simply allowed the Secretary of State to do one additional election audit every two years, if possible. The bill has been substituted, adding the power of the SOS to take over and directly administer elections in any county, including counties that still rely on the tax assessor and county clerk to register voters and administer elections. This is a departure from SB 823 and HB 2020, which permit the suspension and replacement of an election administrator. (Please see the action alert below.)
Finally, SB 1600 passed the Senate on Monday. This bill is alarming because it revives an issue that failed a decade ago. The bill requires documentary proof of citizenship for voter registration. The requirement would not immediately take effect becauseArizona v. Arizona Intertribal Council, a 2013 decision of the Supreme Court, found that the National Voter Registration Act of 1993 (NVRA) preempts state voter registration requirements. The NVRA created a uniform method of voter registration and voter list management including Motor Voter and a standard federal voter registration card that includes an oath that the applicant is a U.S. citizen.Arizona Intertribal Councilalso found that a state could present concrete proof that the oath alone was insufficient to the Election Assistance Commission (EAC) and if the EAC did not grant permission for further proof, the state could sue. SB 1600 directs the Attorney General to apply to the EAC and to sue if the EAC does not allow documentary proof of citizenship.
It should be difficult for Texas to provide concrete proof that it is necessary to burden voter registration applicants in this way because Texas requires documentary proof of citizenship for diver’s license applicants and because Texas is a member of the Electronic Registration Information Center (ERIC) which cross checks multiple data bases for voter registration applicants. However, SB 1070 proposes to withdraw Texas from ERIC, and Amarillo and its federal district court are in Texas. Both SB 1600and SB 1070 are serious threats to Texas voters. (See the action alerts below to take action on SB 1070.)
Keep up the vigilance!
In League, |
 |
Voting Rights and Election Law
Stephanie Swanson
We have now reached the point in the legislative session where legislators are quickly jockeying their bills through their respective chambers of the legislature. We are now seeing election bills being voted out of the Senate and referred to the House Elections Committee, and the House Elections Committee is just starting to vote bills out of their committee.
Unfortunately, committee substitutes are being filed on bills that have already been heard by the committee, meaning that the public will not have the opportunity to provide testimony on the proposed changes before the bill gets voted on by the full legislative chamber. What's concerning is that several of the bills that have been substituted are now substantially different than the ones that were originally heard by the committee. These closed-door, legislative practices are very troubling. If legislators aren't doing anything 'funny' then there is no reason to go behind closed doors and prevent these changes from receiving public scrutiny. The public has the right to be a part of the legislative process and to provide input on how these bills will impact their communities.
To read the full update, click here.
|
Women's Healthcare Update
Catherine Maxwell
LWVTX signed on to support HB 70, which removes the “pink tax” from feminine hygiene products as well as diapers. The support campaign is run by the Texas Women’s Foundation. Another bill supported by LWVTX, HB 916, would allow women to obtain a twelve month supply of birth control vs. every thirty days. It has passed the House and is on to the Senate where it may need support. The pilot Doula services for Medicaid patients bill, HB 465, was also heard Monday and we are awaiting results.
HB 3317 and SB 2193 are bills that would start a grant program to establish and operate Federally qualified health centers for low income and uninsured Texans. The goal is to help support small businesses that cannot provide health insurance for their employees. It has passed out of committee in the House.
To read the full update, click here.
|
Protect Local Control: Oppose HB 2127
HB 2127 usurps local control in multiple different areas, such a labor and national resources, by importing an arcane concept of Federal preemption into State and local relations, effectively eliminating home rule. Use our Action Center to write a letter to your legislators and ask them to oppose HB 2127.
|
Stop State Takeover of Local Elections
SB 1933 would empower the Secretary of State to directly administer local elections in any county on a good cause belief alone. The bill would apply not just to counties with election administrators but also counties which rely on election tax assessors and county clerks. Use our Action Center to write a letter to your legislators and ask them to oppose SB 1933.
|
Texans Should Not Have to Prove Citizenship to Register to Vote
SB 1600 would require documentary proof of citizenship for voter registration, which is unnecessary since the counties already run their lists against driver's license records, and the Real ID law already requires anyone in Texas to present proof of citizenship when obtaining a driver's license or ID card. Use our Action Center to write a letter to your legislators to oppose SB 1600.
|
Don't Withdraw From ERIC!
SB 1070 would withdraw Texas from a 34-state information sharing programs that allow states to obtain accurate information on voters who have died or moved out of state. Use our Action Center to write a letter to your legislators to oppose SB 1070.
|
|
League of Women Voters of Texas
1212 Guadalupe St. #107
Austin Texas, 78701
(512) 472-1100
lwvtexas@lwvtexas.org
lwvtexas.org
|