Government 2306
AlmightyGovernment and Politics in the Lone Star State
Tenth Edition
Chapter 14
Contemporary Public Policy Issues in Texas
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Learning Objectives (1 of 2)
14.1 Apply the stages of the policymaking process to the framework of issue networks.
14.2 Describe recent developments in the formation of the Texas budget and the constraints on those responsible for it.
14.3 Identify four types of taxes in Texas and the regressive aspects of the Texas tax system.
14.4 Relate the factors affecting education policy in Texas to questions of equity and quality.
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Learning Objectives (2 of 2)
14.5 Explain the implications of court-ordered prison reforms on the criminal justice system in Texas and the state’s large number of executions.
14.6 Evaluate patterns of support for health and human services in Texas.
14.7 Assess the response of Texas to environmental issues.
14.8 Trace the development of Texas’s transportation issues.
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The Policy Process (1 of 4)
The Elements of Public Policy
Costs and benefits for various groups
Indirect benefits for society
Regulation of the private sector
Changes to the governmental process and the distribution of political power
Pursuit of the common good
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The Policy Process (2 of 4)
The Stages of the Policy Process
Identification and formulation of an issue
Access and representation
Formulation
Adoption or legitimation
Implementation
Evaluation
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The Policy Process (3 of 4)
Iron Triangles and Issue Networks
Iron triangles
Represent clusters of policy participants
Work within policy subsystems
Legislative committees and subcommittees
Administrative agencies and bureaucrats
Interest groups
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The Policy Process (4 of 4)
Iron Triangles and Issue Networks
Issue networks
Involve a more complex relationship among federal, state, and local actors
Led by policy specialists from government, think tanks, universities, associations, and corporations
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The State Budget (1 of 3)
2012–2013 Budget: $173.5 Billion, $14 Billion or 7.5 Percent Smaller than the Previous Year’s Budget
80 Percent of Previously Cut Public Education Funds Were Restored.
Pay-as-you-go budgets
Prohibit debt financing
Must be certified by the comptroller
The top 2016–2017 budget appropriations were education (37.6%), health and human services (36.9%), and business and economic development (13.3%).
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Figure 14-1 State Appropriations for 2016–2017 Biennium (All Funds)
SOURCE: Legislative Budget Board, “Summary of Appropriations for the 2016–17 Biennium,” February 2016. (Note: Use this link and under “Funding by Article,” use Figure 1, “Funding by Article, All Funds”) http://www.lbb.state.tx.us/Documents/Budget/Session_Code_84/2580_84_BillSummary.pdf.
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What is in the state budget? As this figure illustrates, education and health and human services are the biggest expenditures.
NOTE: Figures exclude interagency contracts. Biennial change and percentage change are calculated on actual amounts before rounding; therefore, figure total may not add up due to rounding.
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The State Budget (2 of 3)
Two-Year Budgets
Lawmakers must write biennial budgets for state government.
Agencies send spending requests to the Legislative Budget Board (LBB).
The LBB writes a budget that the legislature uses as a starting point for budgetary deliberations.
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The State Budget (3 of 3)
Dedicated Funds
Require state revenues to be set aside for specific purposes
Limit discretionary spending in the budget
Three key examples of a dedicated fund
Highway Trust Fund
Permanent School Fund
Permanent University Fund
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State Taxes (1 of 7)
A Regressive Tax System
Based on sales taxes, property taxes, and fees
Consumes a larger portion of incomes from the poor and middle class
12.5 percent of the incomes of the poor families
2.9 percent of incomes of the wealthiest 1 percent of families
A low-tax state only from perspective of wealthy Texans
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State Taxes (2 of 7)
Sales Tax
Created in 1961; rate was 2 percent
Currently at 6.25 percent; the single biggest generator of state revenue
The sales tax generated $28.9 billion for the state in fiscal 2015.
Cities and mass transportation authorities may each add 1 percent.
An 8.25 percent rate is charged in most Texas metropolitan areas.
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State Taxes (3 of 7)
Franchise, or Margins, Tax
Expanded in 2006 from a hybrid corporate income tax to include a wider range of businesses (margins tax)
Partially dedicated to education financing
Based on Texas Supreme Court order to find new revenues for education financing
2009 legislature raised the exemption level.
The margins tax raised $4.7 billion in 2015.
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State Taxes (4 of 7)
Property Taxes (Ad Valorem Taxes)
Major source of revenue for school districts and other local and special district governments
Mostly school district taxes
Severance taxes
Oil and gas taxes
Other taxes and fees
Sin taxes (e.g., cigarette and alcohol taxes) and motor fuels
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State Taxes (5 of 7)
Gambling on New Revenue
No significant revenue for parimutuel and dog track betting
Lottery started well in 1991 but then lagged.
Dedicated to public education in 1997
Generated $1.9 billion in 2015
Full-blown casino gambling remains a contentious issue.
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State Taxes (6 of 7)
Bonds: Build Now, Pay More Later
State had $44.33 billion in debt at end of fiscal 2014.
State borrows money for specific purposes.
Voters approve bonds by constitutional amendments.
General obligation bonds are taxpayer supported.
Revenue bonds are self-supporting.
Criticisms
Increases the tax liability on future taxpayers
Debt service, or interest payments, can double the cost of a project.
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State Taxes (7 of 7)
The Income Tax: An Unpopular Alternative to a Regressive Tax System
In 1991, the Texas Association of Taxpayers became the first major business group to endorse a state income tax.
In 1993, voters approved a constitutional amendment to ban a personal income tax unless approved by the voters.
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Educational Policies and Politics (1 of 11)
Public Education: A Struggle for Equity and Quality
Local property tax revenues have produced wide inequities in dollars spent on education.
Revenue inequities affect equity and quality.
Facilities, resources, and enrichment programs
Extracurricular activities and teachers’ salaries
Poor school districts have minimum standards.
Rich school districts have discretionary income.
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Educational Policies and Politics (2 of 11)
Public Education: A Struggle for Equity and Quality
Rodriguez v. San Antonio Independent School District (1968)
The U.S. Supreme Court found the finance system unfair but not unconstitutional.
The legislature started to pump equalization money into poorer districts, but there are still problems.
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Educational Policies and Politics (3 of 11)
Public Education: A Struggle for Equity and Quality
House Bill 72 (1984)
Increased teacher salaries and limited class sizes
Created student achievement exams and a literacy test for teachers
Created tutoring and prekindergarten programs
Replaced elected State Board of Education with an appointed board
Included the no-pass, no-play rule
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Educational Policies and Politics (4 of 11)
Public Education: A Struggle for Equity and Quality
Edgewood v. Kirby (1984)
Filed in the state district court in Austin and contended that educational inequities violated the Texas Constitution
In 1987, District Judge Harley Clark ruled that the school finance system violated the state constitution.
The Texas Supreme Court ordered the creation of a new finance system by May 1, 1990.
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Educational Policies and Politics (5 of 11)
Persistence of Funding Problems
1990 law ruled unconstitutional
1993 funding sharing (“Robin Hood”) options
Texas Supreme Court ruling in 2005 that the school finance system amounted to an unconstitutional statewide property tax
2006 plan reduced property taxes by one-third.
Additional revenue provided by business and cigarette taxes
Texas spent $8,908 per student in 2012–2013, ranking it 43rd among the states and the District of Columbia.
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Seeking More Funding for Schools
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Educators, parents, and legislators attended the Save Texas Schools Rally at the state Capitol in April 2015 to demand more funding for public education. This is a perennial issue in Texas, which spends less money per student than most states.
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Educational Policies and Politics (7 of 11)
Higher Education: Another Continuing Quest for Excellence and Equity
Includes Texas universities, medical schools, law schools, and community colleges
Oversight provided by governor-appointed boards, elected boards for community colleges, and Texas Higher Education Coordinating Board
Permanent University Fund
Funds higher education and is based on revenues from public lands
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Equality in Educational Opportunity
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The student body at the University of Texas at Austin is diverse, but debate continues over the role of affirmative action in university admissions as the state works to increase minority enrollment in higher education.
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Educational Policies and Politics (8 of 11)
A Struggle for Affirmative Action in Higher Education
The Hopwood Case (1996)
1996 UT Law School’s race-based admissions policies declared unconstitutional
Cannot use race or ethnicity as a preferential factor in admissions
University of Michigan case (2003) repealed Hopwood decision.
10 percent law (1997) increased minority students.
In 2009, legislators put limits on the 10 percent law.
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Educational Policies and Politics (9 of 11)
Tuition Deregulation
In 2003, universities were allowed to set tuition rates independently of legislative action.
By 2006, tuition and fees had increased by an average of 39 percent.
By 2009, tuition and fees had increased by an average of 72 percent.
In 2011, the legislature reduced funding for major student financial aid programs by 15 percent.
For 2015–2016, average academic cost for Texas residents taking thirty undergraduate credit hours at UT–Austin was $9,848.
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Figure 14-2 Is Texas Tuition a Bargain?
SOURCE: http://tuition.utexas.edu/compare.
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Compared to charges at other major, state-supported universities, resident tuition at the University of Texas at Austin is relatively low, but tuition is higher for nonresidents.
NOTE: Average academic costs for resident and nonresident students taking thirty credit hours during the fall and
spring semesters, 2015–2016 academic year.
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Educational Policies and Politics (10 of 11)
Guns on Campus
In 2015, legislature passed law to permit concealed carry on university campuses.
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Educational Policies and Politics (11 of 11)
Keeping Campuses Safe
198 reported assaults on Texas campuses in 2013
In 2015, legislature passed law requiring higher education institutions to heighten awareness of sexual assault and to increase efforts to prevent it.
Baylor football sexual assault convictions
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Journal 14.4
Does it take more money to educate children who are economically disadvantaged or from low-income families? Why or why not?
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Criminal Justice (1 of 5)
Reforms Prompted by Crowded Prisons
Ruiz v. Estelle (1980)
Created prison alcoholism and drug abuse treatment programs
Reduced the parole rate
Lightened sentences for nonviolent offenders
Expanded prison and jail facilities
State Board of Pardons and Paroles relaxed rules to release minor parole violators.
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Criminal Justice (2 of 5)
Reforms Prompted by Crowded Prisons
The Texas prison population dropped from 168,280 at the end of 2013 to 166,043 at the end of 2014.
Texas still operates the largest prison system in the country, surpassing the more populous California.
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Criminal Justice (3 of 5)
The Death Penalty in Texas: Popular and Controversial
Texas leads the nation in executions.
University of Texas/Texas Tribune poll (2012)
73 percent of respondents said they strongly supported or “somewhat” supported the death penalty.
21 percent opposed it.
Houston Chronicle survey in 2002
69 percent of respondents supported the death penalty.
55 percent said that innocent people probably had been executed.
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Criminal Justice (4 of 5)
The Death Penalty in Texas: Popular and Controversial
Risk of executing the innocent: American Bar Association stated in 2013: “…Texas appears out of step with better practices implemented in other capital [punishment] jurisdictions.”
Cameron Todd Willingham case
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Criminal Justice (5 of 5)
The Death Penalty in Texas: Popular and Controversial
Intellectually disabled convicts
Atkins v. Virginia (2002) banned the execution of intellectually disabled convicts.
In 2014, the U.S. Supreme Court struck down Florida’s standards, which were similar to Texas’s, including a requirement that a defendant have a low IQ and reduced adaptive function to avoid execution.
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The Execution Gurney
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Health and Human Services (1 of 3)
According to the U.S. Census Bureau, about 17.5 Percent of Texans Lived in Poverty in 2013.
Affecting children and minority populations most
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Health and Human Services (2 of 3)
The Struggle of Many Texans for Health Care
19.1 percent of residents (and about 880,000 children) in Texas were living without health insurance in 2014, the highest rate of any state.
In 2014, more than four million Texans were covered by Medicaid or the Children’s Health Insurance Program (CHIP).
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Health and Human Services (3 of 3)
Controversy over Abortion and Women’s Health Care
In 2012, state government approved a rule banning Planned Parenthood clinics and other “affiliates of abortion providers” from participating in the Medicaid Women’s Health Program.
In 2013, legislature appropriated $71 million to operate a new, state-funded Texas Women’s Health Program, which replaced the federal program.
Rick Perry signed 2011 and 2013 antiabortion laws; abortion providers filed suit in 2013 to counteract some of the provisions.
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Environmental Problems and Policies (1 of 4)
Dirty Air
Texas ranks near the bottom in environmental regulations.
More attention focused on attracting businesses
Lack of strict enforcement
Grandfathering of older power plants and industrial facilities
Voluntary pollution reduction programs for businesses
Little development of public transportation systems to replace motor vehicle traffic
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Environmental Problems and Policies (2 of 4)
Global Warming
In 2007, Texas (number one) had more carbon dioxide emissions than the number two and three states (CA and PA) combined.
In 2009, scientists at Texas A&M said global warming poses a threat to the Texas coast.
Would cause the sea levels to rise, spawn more intense hurricanes, and increase coastal flooding
Damage to coastal communities from hurricanes would more than triple by the 2080s.
A 2013 poll showed that 70 percent of Texans believed global warming is taking place.
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Environmental Problems and Policies (3 of 4)
An Endangered Water Supply
Concerns over drought and population growth
In 2011, Texas was struck by state’s worst one-year drought on record.
Texas Water Development Board in 2011
Texas does not and will not have enough water to meet its needs under serious drought conditions.
By 2060, water supplies will decrease by 10 percent as the Texas population increases to 46 million.
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Environmental Problems and Policies (4 of 4)
An Endangered Water Supply
Water development and conservation
2013, Proposition 6 was approved; it proposed long-term solution to the state’s water problems.
Strong support from business, not as much from environmental groups
Subsidence
The problem of pumping water from the ground
Oil field pollution risks
Fracking
Disposal wells
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Transportation in Texas (1 of 4)
Texas has more than twenty-seven million residents and almost as many vehicles on the road.
Vehicle registration in Texas in 2012 included twelve million cars, minivans, and SUVs; more than five million pick-up trucks; and more than five million other vehicles.
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Figure 14-3 Comparing “Rush Hour” Parking Lots
SOURCES: Texas A&M Transportation Institute, 2012 Annual Urban Mobility Report; Texas A&M Transportation Institute and INRIX, 2015 Urban Mobility Scorecard.
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Transportation in Texas (2 of 4)
Texas Traffic Exhausting Tax Revenue
Texas second only to Alaska in land mass
Largest highway system in the United States
2010: eighty thousand miles of paved highway
The highway construction cost index increased by 62 percent between 2002 and 2007 alone.
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Transportation in Texas (3 of 4)
Building Highways and Toll Roads with Plastic
Since 2001, the Texas legislature has relied heavily on the highway construction version of the credit card.
By 2013, the Texas Department of Transportation had issued $13 billion in bonds and had authorization for another $4.9 billion, all of which would be paid off with tax dollars.
In 2013, the legislature appropriated $17.9 billion for the 2014–2015 budget period for highway planning, rights-of-way purchases, construction, and maintenance, a 9.3 percent increase over 2012–2013.
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Transportation in Texas (4 of 4)
Mass Transit Offers Limited Relief
Texas has little to offer besides buses in terms of mass transit.
What mass transit there is doesn’t put a large dent in highway traffic.
In 2016, bullet train plan being discussed
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Shared Writing 14.8
Consider the survey of water conservation efforts by Texas utilities in “Report: Texas Must Increase Water Conservation Efforts.” Do you agree with environmentalists that utilities must try harder to increase water conservation? Why or why not? If you agree, what water-saving steps would you suggest?
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Photo Credits
Page 409: Bill Heinsohn/Alamy Stock Photo; 420: Tucker Gibson; 424: Deborah Cannon/Austin American-Statesman/AP Images; 427: Eric Gay/AP Images; 433: Edward McCain/Photolibrary/Getty Images; 436: © The Texas Tribune; 441: LM Otero/AP Images; 443: Paul Thompson Images/Alamy Stock Photo; 445: James Breeden/Splash News/Newscom; 446: Library of Congress Prints and Photographs Division [LC-USW3-020151-D]
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