David Cook

This bill, the Music Therapist Licensing Act, requires anyone who wishes to provide "music therapy services" in the state to become licensed, pay a fee, hold a bachelor's degree, and obtain a national certification. The license must be renewed every two years. Oppose is the Limited Government Position as this bill represents one of the very worst forms of cronyism and government overreach for a service which presents little to no risk to consumers (perhaps an individual may play a bad tune). This government mandate merely exists to enrich the schools and organizations which provide education and credentialling for this service.

Imposing a Draconian New Licensing Regime on "Music Therapists" which Increases Employment Barriers and Restricts Competition.

This bill expands the Rural Veterinarian Incentive Program, which provides taxpayer-funded loan repayment to veterinary students and recent graduates who agree to work in counties with populations below 150,000. Previously, eligibility was limited to counties with populations below 100,000. Oppose is the Limited Government Position as the free market - not central planning by politicians - is the best mechanism to determine the need and distribution of veterinarians across the state. Taxpayers in urban areas should not be forced to subsidize the amenities of individuals who choose to locate in rural or other portions of the state where veterinarians may not be as accessible.

Growing Government Central Planning and Runaway Spending by Forcing Taxpayers to Pay Off the Student Loan Debt of Veterinarians in Additional Regions of the State.

This bill is designed to curb illegal immigration by allowing the Governor to establish an interstate compact for border security with any interested states for the purpose of sharing intelligence and resources to build a physical wall along the U.S.-Mexico border. Support is the Limited Government Position as the promotion of an open-border immigration system places an immense strain on U.S. infrastructure and taxpayer resources, ranging from welfare to the education system, while also creating serious national security and human trafficking issues. Lawmakers should focus on growing the U.S. economy through reforms to the immigration system that both increase the number of skilled individuals who may enter and work in our country and reduce human trafficking across our borders.

Strengthening National Security by Creating an Interstate Compact for Border Security to Help Combat Illegal Immigration and Human Trafficking.

This bill prohibits local governments from enacting any ordinances which bans or restricts the sale or use of an engine based on the type of fuel used. Additionally, the bill prevents localities from banning any energy source infrastructure (such as gas stations). Support is the Limited Government Position as this bill helps protect individual liberties as well as automotive freedom. While some may argue this bill undermines "local control", our founding fathers only recognized three entities within the U.S. Constitution - federal government, state government, and the individual. It is not the role for any level of government to unduly infringe the rights of individuals, therefore making preemption measures, such as this bill, necessary.

Protecting Consumer Choice by Preventing Localities from Imposing any Ordinance which Restricts or Bans Gas-Powered Engines or a Source of Energy.

This bill authorizes El Paso County to issue bonds (debt) to be repaid by higher sales or property taxes in order to finance the construction of recreational facilities, if approved by voters. Oppose is the Limited Government Position as constructing "recreational facilities" is not a core role nor duty for any level of government. The private sector is much better equipped to determine the need and level of investment required for initiatives surrounding recreation.

Authorizing El Paso County to Indebt Taxpayers to Construct Recreational Facilities.

This bill generally raises the bar to prosecute organized retail theft by now requiring a person to steal at least $100 of merchandise and be found to have "intent for the redistribution of that merchandise into the supply chain" to be guilty. Oppose is the Limited Government Position as ensuring public safety and protecting property rights serve as essential components of government. Unfortunately, this bill represents one of many so-called criminal justice "reforms" which have led to skyrocketing crime rates and are being advanced in state legislatures by George Soros and other radical-left billionaires through their funding of advocacy organizations on both sides of the political aisle.

Fueling Lawlessness and Business Closures by Making it Harder to Prosecute and Punish Cases of Organized Retail Theft.

This bill updates the Residential Construction Liability Act to provide additional liability protections for contractors. Under the bill, contractors are not liable for residential construction defects unless actual physical damage occurs, part of a building is unable to be used for its intended purpose, or there is a verifiable danger to the residents. Contractors are also not liable for damages that result from a failure to provide timely notice of a defect. The bill also amends various provisions related to lawsuits arising from construction defects, such as allowing contractors additional time to make a settlement offer. Support is the Limited Government Position as this measure helps maintain housing affordability by reducing frivolous construction related litigation which drives up costs for developers and consumers.

Reducing Frivolous Litigation by Updating the Residential Construction Liability Act to Limit Liability and Provide Clarifications.

This bill expands coverage under Medicaid (government-provided healthcare) to now include behavioral health intensive outpatient and partial hospitalization services. The expansion is estimated to cost an additional $12.3 million over the next five years. Oppose is the Limited Government Position as this bill further traps individuals into government dependency by growing benefits under the government welfare state. The state must pursue every available avenue to reign in its out-of-control spending, as, when coupled with the over $185 trillion federal liabilities, represents the greatest existential threat facing this country.

Increasing Government Dependency by Expanding the Medicaid Welfare Program to Now Cover Behavioral Health Intensive Outpatient and Partial Hospitalization Services.

This bill makes it easier for movie production companies to receive a grant under the moving image industry incentive program by reducing the percentage of production crew, actors, and extras who must be Texas residents from 70% to 55%. Oppose is the Limited Government Position as it is not the proper role of government to subsidize the film production costs of private companies - especially considering this measure enriches woke Hollywood production companies that are antagonistic to limited government principles. Lawmakers should eliminate this grant program entirely, much less expand the ability of movie production companies to receive taxpayer funds.

Worsening Cronyism by Making it Even Easier for Woke Hollywood Production Companies to become Enriched through Taxpayer Subsidies.

The Raney amendment #2 to the education omnibus bill. This amendment removes the school choice provision from the bill which provides voucher-like educational savings accounts (ESAs). Each qualifying student would receive an ESA with $10,500 towards private or parochial school tuition. Oppose is the Limited Government Position as this amendment worsens educational outcomes for all students by blocking competition and a market in education, which encourages schools to provide the best education so they can attract parents to enroll their child and receive the associated funding.

Blocking School Choice by Removing the Provision Creating Educational Savings Accounts from the Education Bill.

This bill creates the Texas Energy Efficiency Council within the Public Utilities Commission to, among other purposes, "provide a statewide collaborative approach to promoting energy efficiency" and "make recommendations for improving energy efficiency programs." Oppose is the Limited Government Position as this further expands the size and scope of government in order to promote a politized environmental agenda. The bill also has the potential to advance future mandates on property owners, like those passed under SB 2453 this session.

Expanding Government and Paving the Way for Additional Energy Efficiency Mandates through the Creation of a Texas Energy Efficiency Council.

This resolution amends the state constitution to authorize counties to grant property tax exemptions to physicians who provide services to indigent patients. The tax exemption may cover up to 50% of the assessed value of a physician's homestead. Oppose is the Limited Government Position as all state and local tax codes should be constructed in a broadly applied manner with as low of rates as possible for everyone. The tax cronyism dilutes the tax base, thus increasing tax burdens on all other property owners not favored by government.

Increasing Tax Burdens on other Property Owners through a Crony Carveout Providing Physicians a Tax Exemption if they Provide Indigent Services.

This bill establishes the Texas Technology and Innovation Program to provide matching or supplemental funds to businesses that already receive federal funds through the federal small business innovation research and small business technology transfer programs. Oppose is the Limited Government Position as the free market - not central planning by government bureaucrats - is best equipped to drive economic growth. The state must pursue every available avenue to reign in its out-of-control spending, which, when coupled with the over $185 trillion federal liabilities, represents the greatest existential threat facing this country.

Worsening Cronyism by Forcing Taxpayers to Provide Additional Subsidies to Companies Already Receiving Federal Grants through the Texas Technology and Innovation Trust Fund.

This bill provides $100 million in funding to establish a new state border policing unit made up of commissioned peace officers. Funding is also directed to a number of initiatives designed to boost border security such as detention facility upgrades, temporary border barriers and compensation to certain property owners impacted. Support is the Limited Government Position as ensuring public safety and national defense is arguably the most important role of government. Failure to secure our nation's border not only has catastrophic implications on the ability to maintain law and order, but also creates countless other issues ranging from welfare to the education system.

Strengthening National Security and Helping to Combat Illegal Immigration and Human Trafficking Through Additional Border Security Funding and Property Owner Compensation.

This bill would allow a limited number of casinos to operate in the state. The bill imposes a 15% tax on gross casino gaming revenue and 10% on gross sports wagering revenue, with 80% of the casino gaming tax revenue allocated to support education. Support is the Limited Government Position as individuals - not bureaucrats - should have decision rights over how to utilize the fruits of their labor - even when it comes to risky endeavors such as betting. This measure also helps eliminate the financial fraud and other significant societal harms that the current black market in gambling presents, while allowing the state to generate additional revenue, as seen in states such as Tennessee, which has reportedly raised $73.7 million in tax revenue since legalizing online sports betting in November 2020.

Strengthening Individual Liberties and Growing the Tax Base by Allowing Casinos to Operate in the State.

The Bryant amendment #3 to a bill relating to teacher retirement benefits. This amendment increases the cost-of-living-adjustment (COLA) by an additional 4%. For example, a retired teacher who would receive a 6% COLA under the bill, would now receive a 10% COLA. Oppose is the Limited Government Position as the taxpayer-funded Teacher Retirement System (TRS) never promised beneficiaries COLA increases. This amendment merely worsens Texas' unfunded pension liability crisis which is among the highest in the nation.

Worsening Texas' Unfunded Pension Crisis by Providing Even Greater Unpromised Payouts to Beneficiaries.

This bill increases the personal needs allowance provided to Medicaid welfare recipients at long-term care facilities (nursing homes). Under the bill the monthly allowance is increased by 25 percent to $75 from $60, which is more than double the federal $30 monthly minimum. Oppose is the Limited Government Position as the private sector (charitable entities) is best equipped to provide any additional needs or services to residents not provided by their long-term care facility. While this measure continues to grow government spending, it most concerningly serves as yet another incentive for government dependency over lifelong saving and personal fiscal responsibility.

Further Growing Medicaid Welfare Spending by Hiking the Monthly Personal Needs Allowance at Long-Term Care Facilities.

This bill requires anyone who provides sewage disposal system pumping services in the state to become licensed and empowers the Texas Commission on Environmental Quality to determine the qualifications. Oppose is the Limited Government Position as the state already has certain licensing and regulatory protections in place surrounding septic tanks and this measure represents an excessive employment barrier. Ultimately, the private sector, via certifications, rating systems, and the free market, is much better equipped to provide consumer protection while also ensuring competition and low consumer costs.

Increasing Employment Barriers and Reducing Competition by Forcing Sewage Disposal Pump Technicians to Obtain a License.

This resolution would amend the state Constitution to enshrine the right to utilize multiple currencies, if the involved parties agree, in private transactions. This includes cash, coin, silver and gold bullion, digital currency, and privately issued scrip. The resolution prohibits the state and local governments from prohibiting or restricting holding such currencies. Support is the Limited Government Position as this bill helps ensure these currencies can serve as alternative competitive currencies to the dollar. This is especially critical considering the reckless policies of the Federal Reserve, such as quantitative easing.

Ensuring the Free Competition of Currency and U.S. Monetary System Protection by Enshrining Right to Utilize Multiple Currencies.

This bill amends existing law to make additional local entities eligible to receive sales and use tax revenue to subsidize hotels and convention centers. Specifically, the bill expands eligibility to non-profit corporations acting on behalf of a municipality. Oppose is the Limited Government Position as all state and local tax codes should be constructed in a broadly applied manner with as low of rates as possible for everyone. This and other government central planning and tax cronyism schemes merely dilute the tax base which results in higher taxes on all other individuals and products to make up for the lost revenue.

Worsening Cronyism by Expanding Local Subsidies for Hotel and Convention Centers.

This bill creates the Texas Hydrogen Infrastructure, Vehicle, and Equipment Grant Program within the Texas Emissions Reduction Plan. The bill allocates up to $8 million for the Hydrogen program while also making a few other funding reallocations within the bill. Oppose is the Limited Government Position as while the bill does make some reallocations to offset some of the spending for the new program, the bill still creates yet another avenue for new spending and government interference in the marketplace. The free market - not government central planning - is the best mechanism to advance energy development. The state should instead eliminate the entire grant fund as well as take additional actions to reign in its out-of-control spending, as, when coupled with the over $185 trillion federal liabilities, represents the greatest existential threat facing this country.

Expanding Cronyism and Government Interference in the Energy Sector through a New Hydrogen Vehicle and Infrastructure Grant Program.

This bill prohibits home-rule municipalities from submitting any climate change charter to voters for approval unless the charter has been approved by the state legislature. This includes any rule or policy statement related to climate change or environmental impact. Support is the Limited Government Position as a number of state and local governments across the country have imposed "clean energy" mandates on utility companies which unnecessarily drive-up consumer costs in order to advance a politized environmental agenda. While some may argue this bill undermines "local control", our founding fathers only recognized three entities within the U.S. Constitution - federal government, state government, and the individual. It is not the role for any level of government to unduly infringe the rights of individuals, therefore making preemption measures, such as this bill, necessary.

Protecting Texans from Politicized Climate Change Agendas by Requiring Municipal Charters on Climate Change be Adopted by the Legislature.

This bill prohibits localities from banning the construction or lease of an accessory dwelling unit (ADU), along with several other limitations. Localities must also approve or deny a permit to build an ADU within 60 days, and may only consider whether the proposal meets applicable codes and standards. Support is the Limited Government Position as this bill strengthens both property rights and helps combat overreaching zoning and land use ordinances. While some may argue this bill undermines "local control", our founding fathers only recognized three entities within the U.S. Constitution - federal government, state government, and the individual. It is not the role for any level of government to unduly infringe the rights of individuals, therefore making preemption measures, such as this bill, necessary.

Strengthening Property Rights by Prohibiting Localities from Banning or Regulating Accessory Dwelling Units (ADUs).

This bill requires homeowner's, renter's, and condominium owner's insurance policies that include replacement cost coverage to pay 80% of the repair or replacement cost of a claim upfront, minus the deductible. Once documentation is provided showing that the repair or replacement is complete, and any deductible has been paid, the remaining balance is to be paid. Oppose is the Limited Government Position as this bill further grows the regulatory state and government interference in the free market. While there is a role of government to protect individuals from fraudulent practices, this overreach significantly adds to the already overregulation of the insurance industry, limiting policy options and driving up costs for both businesses and consumers.

Growing Government Regulation of Property Insurance Through a New Mandate Requiring Payment of 80% of Replacement Value Up Front.

This bill, the Texas Jobs, Energy, Technology, and Innovation Act, provides select businesses which meet certain investment thresholds and job requirements with property tax exemptions. Under the bill, businesses will receive tax exemptions ranging between 50% and 75% for a period of 10 years, and a 100% tax exemption during the construction phase. Oppose is the Limited Government Position as all state and local tax codes should be constructed in a broadly applied manner with as low of rates as possible for everyone. This and other tax cronyism schemes merely dilute the tax base which results in higher taxes on all other individuals and products to make up for the lost revenue. The free market (by lowering taxes for all businesses) can provide much greater returns on investment than this central planning by politicians.

Expanding Cronyism and Enriching Government-Favored Corporations through a New Property Tax Exemption Scheme.

This bill establishes a new health insurance mandate which requires most healthcare policies offered in the state, including Medicaid (government-provided healthcare), that cover prescription contraceptive drugs to cover a 3-month initial supply and subsequent 12-month supplies of the drugs. Oppose is the Limited Government Position as each and every health insurance mandate or price control on co-payments prevents an individual from selecting a plan with just basic or customized coverages to fit their specific needs. As a result, health insurers are forced to only offer costly plans loaded with coverages that most individuals do not need. This can result in lower-income or younger individuals choosing to purchase no insurance plan at all due to the high cost.

Hiking Health Insurance Premiums by Mandating Insurance Companies Cover a 12-Month Supply of Contraceptive Drugs.

This bill allows retired judges who have a handgun license to carry a firearm into restricted places, such as courthouses, schools, and polling locations. Support is the Limited Government Position as disarming individuals through pointless "gun control" measures merely make law-abiding citizens targets to criminals who do not abide by the law. And while all law-abiding individuals should be permitted to exercise their Second Amendment rights and defend themselves in these locations, this bill serves as a step in the right direction in helping protect individuals who may be at elevated safety risks.

Strengthening Self-Defense and Public Safety by Authorizing Retired Judges to Carry a Firearm into Courthouses and Other Restricted Places.

This bill, the Property Tax Relief Act, contains several provisions related to property taxes. Most notably, the bill increases the homestead property tax exemption from $40,000 to $100,000. Additionally, the bill enacts a "circuit breaker" provision on the appraised value of real property other than a residence homestead. As a result, the appraised market value of a property is limited to a 1-year increase of 20% plus any new improvements. Support is the Limited Government Position as this bill provides broad property tax relief to homeowners. All state and local tax codes should be constructed in a broadly applied manner with as low of rates as possible for everyone.

Providing Property Tax Relief to Homeowners by Raising the Homestead Exemption to $100,000.

This bill requires public information that is stored in a searchable or sortable electronic spreadsheet or database to be made available upon public request and provided in a format which is easily searchable or sortable. Additionally, public requests for this information may not be denied on the basis that the request would require searching, sorting, or filtering electronic information. Finally, the bill requires government contracts for electronic public information to use reasonable efforts to ensure that public access to the information is not restricted or more difficult to access than other government records. Support is the Limited Government Position as this bill strengthens transparency and makes it easier for individuals, the press and government watchdog organizations to hold officials accountable and report on government operations.

Strengthening Government Transparency and Accountability by Requiring Government Data Be Provided in an Easily Searchable Database to the Public.

This bill allows counties and municipalities which have established a "reinvestment zone" (i.e. tax increment financing) the ability to also utilize the funds to subsidize "legacy homeowners". As a result, individuals who have owned their property for at least 7 years and experienced a significant increase in their property taxes (due to a rise in their home value) would be eligible to have a portion of their property taxes subsidized. Oppose is the Limited Government Position as government central planning schemes such as tax increment financing should not be deployed in the first place. This measure merely worsens the cronyism by further distorting the tax code and providing advantages to select homeowners. Government should instead ensure property taxation is conducted in a broadly applied manner without carveouts and as low of rates as possible for all property owners.

Worsening Tax Cronyism by Providing Subsidies for Certain "Legacy Homeowners" in Government-Created Reinvestment Zones.

This bill, the Texas Sports and Entertainment Recovery Act, legalizes online sports betting. Under the bill, Texas would join neighboring states Arkansas and Louisiana which have legalized sports gambling. The bill imposes a 15% tax on adjusted gross wagering revenue, with some of the revenue utilized for addiction treatment and all remaining funds dedicated to property tax relief. Support is the Limited Government Position as individuals - not bureaucrats - should have decision rights over how to utilize the fruits of their labor - even when it comes to risky endeavors such as betting. Not only does this measure provide desperately needed property tax relief which will make housing more affordable, but it also helps eliminate the financial fraud and other significant societal harms that the current black market in gambling presents to Texans.

Strengthening Individual Liberties and Lowering Property Taxes by Legalizing Online Sports Betting.

The bill prevents localities from imposing additional regulations on farmers and ranchers engaging in agricultural operations. Under the bill, the Texas A&M AgriLife Extension Service is directed to develop a list of "generally accepted agricultural practices" that do not pose a threat to public health, which cities also may not prohibit or restrict. Support is the Limited Government Position as this bill strengthens property rights by combatting overreaching local regulations. While some may argue this bill undermines "local control", our founding fathers only recognized three entities within the U.S. Constitution - federal government, state government, and the individual. It is not the role for any level of government to unduly infringe the rights of individuals, therefore making preemption measures, such as this bill, necessary.

Protecting Farmers from Government Overreach by Preventing Local Governments from Imposing Additional Regulations on the Agricultural Industry.

The Tinderholt amendment #9 to a resolution adopting rules for the House of Representatives. This amendment allows the sponsor of a bill that is in a committee to request a roll call vote, whereby each lawmaker is on record, on whether to pass the bill or not. This rule applies if a bill has received a public hearing. Support is the Limited Government Position as this amendment helps increase government transparency and accountability by helping ensure government is accountable to the people.

Strengthening Government Transparency and Accountability by Requiring Roll Call Votes for Committee Amendments.

This bill establishes the Rural Pathway Excellence Partnership Program to "expand opportunities for underserved students to succeed in school and life while promoting economic development in rural areas." The bill provides up to $5 million in funding annually for rural school districts to partner on college and career pathway programs, with districts receiving outcome bonuses based on whether a student is considered economically disadvantaged. Oppose is the Limited Government Position as taxpayers in urban areas should not be forced to subsidize educational programs for individuals who choose to locate in rural or other portions of the state.

Forcing Taxpayers to Pay up to $5 Million Annually for a New Rural College and Career Pathways Program.

This bill primarily targets a business model within the optometry industry which has been deployed by Visionworks of America, which is owned by an insurance company called Vision Services Plan (VSP) Insurance Co. The bill prevents VSP from incentivizing its enrollees to utilize the optometry company it owns (Visionworks) through the offering of discounts or other value-added benefits. Other optometry companies have alleged that since VSP owns its own optometry company and can "steer patients" it is provided an unfair competitive advantage in the industry. Oppose is the Limited Government Position as this measure represents one of the worst examples of cronyism and utilization of government power to stifle competition. This protectionism merely enriches select businesses and prevents the free market from expanding competition and lowering costs for consumers.

Expanding Government Power to Shutdown Competition within the Optometry Industry.

This bill, the Creating a Respectful and Open World for Natural Hair (CROWN) Act, makes a person's hair texture or hairstyle a protected characteristic if is commonly associated with a particular race. CROWN applies to public schools and institutions of higher education, employment, and housing. Oppose is the Limited Government Position as this bill serves as a new tool by plaintiffs' attorneys to subject business owners and housing providers to frivolous litigation. Such actions merely drive-up costs for consumers and can be particularly devastating for small businesses and landlords.

Increasing Frivolous Litigation and Legal Liabilities by Making "Hair Texture and Style" a Protected Characteristic in Employment and Housing.

This bill reforms the state's asset forfeiture laws, under which the government may seize property deemed to be contraband. Under the bill, property may not be seized if it is not otherwise illegal to possess and the aggregate value is less than $2,500. Additionally, the bill increases the evidence standard the state must meet to show that property is subject to seizure from "a preponderance of the evidence" to "clear and convincing evidence." Support is the Limited Government Position as this bill strengthens property rights and civil liberties by helping combat abuse of the asset forfeiture system (i.e. "policing for profit"). Individuals who may have been wrongfully accused are forced to undergo a lengthy and expensive legal process to recover their property.

Strengthening Property Rights and Civil Liberties through Protections Against Abuse of Asset Forfeiture.

This bill provides rideshare companies (such as Uber and Lyft) with legal immunity from any harm or injury caused by a driver, provided the company has followed all applicable laws, unless a person can show gross negligence by "clear and convincing evidence." Support is the Limited Government Position as protecting business operators from frivolous litigation due to factors outside of their control is critical to ensuring their operation and maintaining low consumer costs.

Reducing Frivolous Litigation by Providing Liability Protections to Rideshare Companies.

This bill requires cities to provide written notification of any proposed zoning change which could cause a non-conforming use for a property owner or business. If the owner is required to close or cease operations, they would be entitled to compensation, such as the loss in market value of the property. The bill is, in part, in response to a case where a shingle factory operating for 80 years was forced to shut down without any compensation. Support is the Limited Government Position as many of the zoning and land use ordinances enacted across the state are overreaching and oftentimes designed to benefit select property owners or restrict competition. Similar to cases of eminent domain, any business forced to shut down for public good reasons should be provided with just compensation.

ILA

David Cook