Protecting the Second Amendment Rights of Foster Parents

When a couple decides to become foster parents and take in some of our state’s most troubled kids, they don’t give up their right to free speech. Nor do they give up their right to worship. So why is it that some State bureaucrats want them to give up their Second Amendment right to keep and bear arms?

Sound far-fetched? That’s exactly what some ill-advised bureaucrats have tried to do in one recent case in Texas. A foster parent – who was a model of compassion – was told that he either had to get his firearms out of the house or get kicked out of the foster system.

In a time when the state’s foster care network is struggling to find enough good homes, bureaucrats were pursuing their anti-gun agenda to the detriment of children.

“Texas should be in the practice of embracing and encouraging those families who open their homes to foster children,” said Representative Dan Flynn (R-Van), saying that responsible, law-abiding gun owners should not be discriminated against when it comes to serving as foster parents.

In response to this action, Flynn, along with Senator Bob Deuell (R-Dallas) filed legislation to stop this unfair discrimination. SB 322, which passed this week, does exactly that.

“Senate Bill 322 reversed that rule and prevents the Department from unfairly closing the doors of those responsible gun owners who take the most giving path in life – that of a foster family,” Flynn said. “This bill preserves the right of law-abiding gun owners in Texas to be loving foster parents to children in need.”

Taking the Green out of Red-Light Cameras

While many Texas cities have turned to automatic cameras to ticket drivers passing through red lights, Texans want to know that safety – not money – is the overriding factor in this new method of traffic enforcement.

In recent years, red-light cameras have popped up all over Texas. And they’re all unregulated. At least until now.

Representative Jim Murphy (R-Houston) sponsored two key pieces of legislation that would regulate red-light cameras and prevent cities or contractors from turning them into a cash cow.

“It is vital for the State to exercise its right to regulate red-light cameras to ensure that they are used appropriately, fairly and uniformly across the State,” Murphy said.

SB 1119 creates a statutory framework for regulating the cameras, while a related bill, SB 125 takes out the financial incentives for the cameras. SB 125 dedicates a portion of the proceeds of tickets to fund trauma care hospitals – the very hospitals which deal with many victims of accidents at red lights.

The bills also address safety needs by requiring cities to conduct traffic engineering studies at intersections with large numbers of tickets, in order to find ways to reduce the number of red light violations. Intersections chosen for red-light cameras must also be chosen based on safety – not money concerns.

Both pieces of legislation were filed in the Senate by John Carona (R-Dallas).

Moving Beyond the TAKS Text

In a move to create an accountability system that improves, but doesn’t detract from our education system, the Texas House passed SB 1031, sponsored by Representative Rob Eissler (R-Houston) replacing the TAKS test with end-of-course exams.

“An end-of-course exam will allow us to focus on the context, and not teach to the test,” Eissler said. “End of course exams will also be a great way to build the college culture among all students.”

The bill will phase-out the TAKS test for grades 9-11 and phase in the following end-of-course assessments starting with 9th grade students in the 2011-2012 school year.

Representative Frank Corte, Jr. (R-San Antonio), the House Republican Caucus Chairman, said this legislation doesn’t water down accountability measures that Texans have demanded, but in fact, strengthens them.

“While an accountability-based system for measuring school performance is necessary, the TAKS test creates more problems than it solves,” Corte said. “End-of-course exams, which truly match up the curriculum our students take to an accountability system are a better measuring stick for progress. We want to graduate students who excel at math, reading, history and science, not just those who excel at taking an exam.”

Other details of the plan:

▪ Students will be required to pass end-of-course assessments for the following courses:
· English Language Arts III
· either Algebra II or Geometry
· either Biology, Chemistry, or Physics
· either World Geography, World History, or United States History

▪ The score a student achieves on the end-of-course exam shall be worth 15% of the student's overall grade for the course.

▪ All assessments (grades 3-12) shall be developed in a manner that allows a measure of student progress to be calculated.

▪ Assessments will include an optional series of questions to measure college readiness in a manner similar to the Texas Success Initiative (TSI). These questions will measure the need for developmental coursework in higher education and therefore eliminate the need for additional assessments. The optional questions will also be used to identify students who are likely to succeed in advanced high school coursework.

▪ Student's satisfactory performance on advanced placement test, international baccalaureate examination, a Scholastic Assessment Test Subject Test, or other rigorous assessments will satisfy end-of-course assessment graduation requirements.

▪ All students will complete a college readiness diagnostic assessment in the 8th and 10th grade. Students may choose to take a college entrance exam in the 11th grade, all at state expense.

▪ Limitations are established on the field testing of questions for assessments to the minimum number of field tests necessary to ensure the validity of the questions.

▪ Safeguards and criminal penalties are also added to maintain the security and integrity of our assessment system.

Protecting Freedom of Religion

Across our nation, out-of-control courts and hyper-sensitive bureaucrats have been undermining Americans’ religious freedom. Nowhere is this more dangerous than in our schools.

When courts re-interpret freedom of religion as freedom from religion, individuals’ right to worship is threatened. When bureaucrats seek to remove all religious symbology from our public places, they do an injustice to the history that has made America what it is.

This session, House Republicans have fought hard to preserve and protect religious expression and the proper understanding of the effect that religion had on shaping America.

This week, House Republicans continued their efforts, passing HB 1287 by Representative Warren Chisum (R-Pampa). This bill allows public school elective courses to study the bible in its historic and literary role in Western Civilization.

“The bible is a cornerstone document in American history,” Chisum said. “It’s the moral foundation that strengthened our founding fathers in their darkest hours, and which inspired them as they drafted our constitution. Study of the bible in its historic role is something Texas students and parents should have available as an elective in their schools.”

Preventing Discrimination Against Religious Viewpoints

Last week, the House passed HB 3678 by Representative Charlie Howard (R-Sugarland), also known as the Religious Viewpoint Anti-discrimination Act. The legislation codifies the many constitutional ways a student, or groups of students, may express their faith at school and at school-sponsored events.

“This bill leaves no doubt that individual religious expression is permissible in schools in a wide range of contexts,” Howard said. “It is a win-win for students and school officials alike, both of whom are now uncertain how to navigate what has become muddied, constitutional waters.”

HB3678 makes clear that unconstitutional censorship of students’ individual religious expression will not be allowed in Texas public schools. The bill also offers clarity for teachers and administrators who have been confused about what religious expression is permitted in schools.

“This is a victory for our school districts and our children,” Rep. Howard said. “This legislation protects the school districts from lawsuits and gives students confidence about their constitutional right to express their views.”

Both bills are now being considered in the Texas Senate.

Homeland and Border Security Bill Passes

Late last night, the Texas House passed HB 13, the homeland and border security legislation by Rep. David Swinford (R-Amarillo). The vote came after the bill had previously been delayed by a procedural point of order called by opponents of the bill.

House Republican Caucus Chairman, Representative Frank Corte, Jr. said the legislation is vital for strengthening the Texas/Mexico border.

“The rampant lawlessness of our porous border is unacceptable, and while this is primarily a federal issue, we cannot wait for Washington to act,” Corte said. “It is Texans who have born the brunt of border crime, human trafficking and drug smuggling, and Texans have demanded change. HB 13 is that change, and we owe it to the people of Texas to take vigorous action to address this crisis.”

House Moves to Secure Private Property Rights

Texas Republicans have led the way to protect private property rights in the wake of the Kelo vs. New London Supreme Court decision. After passing a bill last session to protect private property from eminent domain for economic development, Lone Star State Republicans are working to further strengthen those protections this session.

To that end, the House passed HB 2006 by Representative Beverly Wooley (R-Houston) which takes on definition creep that has occurred over time, and improves compensation to homeowners.

“For the last 70 years, private property rights in Texas have been eroded,” Wooley said. “House Bill 2006 restores private property rights of Texans by narrowing the definition of public use to allow for the taking of a person's property only for traditional Texas public uses; requiring that a condemning entity act in good faith; and by providing that a property owner receive adequate and just compensation reflective of the property's market value.”

The last point provides more than just the minimum level of compensation, but seeks to make property owners whole for the taking of land.

“It is my hope with the passage of this bill, that any property owner who sacrifices his property for the greater good, does not suffer an economic loss,” Wooley said.

Also this session, the House passed legislation by Representative Phil King (R-Weatherford), which required that school districts using eminent domain conduct feasibility studies to avoid land being taken before it is determined necessary for a particular use. The House also passed legislation by Rep. Jim Jackson (R-Dallas) allowing a public entity to sell property back to the original owner if the public use for which the taking was made is cancelled.

Saying "No" to Big Brother

House members overwhelmingly passed HB 922 by Representative Vicki Truitt (R-Keller), banning automatic cameras to control speeding in Texas.

“It's important to enforce our speed limits, but we need to do so in ways that protect our basic rights,” Truitt said.

The technology in question uses motion sensors and cameras, liked to cameras, which take a photo of a speeding car. The car’s owner is then sent a speeding ticket in the mail.

The cities of Rhome and Marble Falls are currently using the technology. Marble Falls sends its vendor a fee for every ticket it issues, and the vendor manages the printing and mailing of the actual ticket, according to news reports.

“This is a technology that enables the entirety of the process to be outsourced,” Truitt said. She noted that the tickets in some cases, are reportedly issued by an employee of the vendor, in Rhode Island, who sold the system.

“This means you can get a ticket driving in Texas, from a law enforcement officer located in Rhode Island,” Truitt said. “It doesn't have to be Rhode Island, it could be anywhere."We had overwhelming support for this bill from police departments all over the state because they know this technology doesn't slow people down as effectively as a police officer in a car issuing a ticket. This is just a technology that automates the process and treats the car owner as the guilty party, regardless of who is driving the car.

“That's not right,” Truitt said. “We need to draw a line in the sand with the use of technology. If we don’t, what’s next? Tickets in the mail for not wearing your seatbelt, or for an expired inspection sticker?"

HB 922 will now be considered by the Texas Senate before it can become law.