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Government 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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