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Josey Garcia

This vote convicts Attorney General Ken Paxton on Article 19 of the House impeachment inquiry. This article alleges Paxton engaged in private and public misconduct, described in the articles, that “indicate his unfitness for office.” This vote is also reflective of the other conviction votes cast by Senators against Paxton. Oppose is the position of the Texas GOP based on the October 5, 2023 resolution issued by the party. The resolution expressed gratitude to the Texas Senate “for rejecting the politically motivated impeachment of Attorney General Paxton by the Texas House of Representatives that failed to satisfy due process, to comply with applicable Texas law and the Texas and United States Constitutions, and to adhere to precedent”.

Impeaching Attorney General Ken Paxton

This bill allows individuals who are not alcohol permit or license holders to sell wine to restaurants, provided the wine is at least 20 years old and still sealed. The restaurant may then sell the wine for on-premises consumption. Support is the position of the Texas GOP Platform under Markets and Regulation Section 41: "Reduce Business Regulations". "We believe that the following businesses shall be minimally regulated at all levels: Eliminate the three-tier alcohol system (production, distribution, and retail)."

Expanding Individual Liberties by Allowing Individuals to Sell Sealed 20+ Year Old Wine to Restaurants.

This bill establishes a specialized "Business Court" to hear cases involving certain business transaction and governance matters, with the judges appointed by the Governor. Judges are required to have at least 10 years of experience practicing complex civil business litigation or business transaction law, or as a judge of a court with civil jurisdiction. Support is the position of the Texas GOP Platform under Courts, Prosecution, Restitution Section 184: "Frivolous Lawsuits". "We support further reform to discourage frivolous lawsuits. We oppose the abusive use of class action lawsuits and any law that allows government agencies to collect lawyer fees from the plaintiff when they win but not have to pay the plaintiff fees when they lose."

Improving the State's Business Climate by Creating a Specialized Business Court to Hear Cases and Expedite Legal Proceedings.

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 position of the Texas GOP Platform under Markets and Regulation Section 38: "Municipal Preemption". "We encourage the Legislature to preempt local government efforts to interfere with the State’s sovereignty over business, employees, and property rights. This includes but is not limited to burdensome regulations on short-term rentals, bags, sick leave, trees, and employee criminal screening."

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

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 position of the Texas GOP Platform under Border Security and Immigration Section 256: "Border Security Funding". "We expect both the Texas Legislature and the United States Congress to make a priority of allocating funds to effectively secure the border through whatever means necessary, including but not limited to barriers, a border wall, and/or fence everywhere along the border where it is feasible and useful, as well as personnel and technology over land, sea, and air. Texas shall seek repayment from the Federal Government for expenses incurred in securing the border."

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

This bill establishes 10-year mandatory minimum sentences for individuals convicted of human smuggling and 5-year mandatory minimum sentences for operating a stash house (10 years if in an area subject to a declared state of disaster). The bill also enhances penalties for property damage that occurs as a result of concealing or harboring a person in the country illegally from a misdemeanor to a third-degree felony (2-10 years in prison). Support is the position of the Texas GOP Platform under Courts, Prosecutions, Restitution Section 187: "Human Trafficking Jurisdiction". "The Texas Legislature shall pass legislation granting the Texas Attorney General full concurrent jurisdiction over multi-jurisdictional cases, to be limited specifically to those cases involving human trafficking."

Strengthening National Security and Law and Order through 10 Year Mandatory Minimum Sentences for Human Trafficking.

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 position of the Texas GOP Platform under Opposition to Market-Distorting Tax and Fiscal Subsidies Section 97: "Special Funds". "We urge the Texas Legislature to abolish the Special Events Trust Fund program, the Texas Enterprise Fund, and the Moving Image Industry Incentive Program."

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

This resolution amends the state constitution to prohibit the legislature from imposing any tax based on the wealth or net worth of an individual or family. Support is the position of the Texas GOP Platform under Spending Restraint Section 75: "Government Spending and Taxation". "We believe in the principles of constitutionally limited government based on federalist principles. To this end, we encourage our elected officials at all levels of government to work to reverse the current trend of expanding government and the growing tax and debt burdens placed on “We the People.” Government spending is out of control at the federal, state, and local levels, and action is needed to reduce spending, and therefore taxation, at all levels."

Protecting Economic Growth through a Constitutional Amendment Prohibiting Implementation of any "Wealth Tax".

This bill creates the "Prekindergarten Community-Based Child-Care Partnership Grant Program" to provide grants to school districts for pre-K and childcare services delivered through community providers. Oppose is the position of the Texas GOP Platform under Opposition to Market-Distorting Tax and Fiscal Subsidies Section 95: "Bailouts and Subsidies". "We encourage government to divest its ownership of all businesses that should be run in the private sector. We oppose all bailouts of and subsidies to domestic and foreign government entities, states, and for all businesses, public and private."

Growing Government Dependency and Wealth Redistribution through the Creation of a New "Free" Pre-K and Childcare Program Delivered through Community Providers.

This bill changes the way the "no-new-revenue tax rate" is calculated by referencing the Texas Education Code. This new calculation will result in a higher rate (ultimately higher taxes) by including other funding within the formula. Oppose is the position of the Texas GOP Platform under School Finance and Property Taxation Section 91: "Property Tax Relief". "We support these incremental steps toward the ultimate abolition of property tax: d. Close the loophole called the “Unused Increment Rate,” which allows taxing entities to bypass recently added limits to increases in property taxes.

Hiking Property Taxes by Gaming the Calculation of the "No-New Revenue" Property Tax Rate.

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 position of the Texas GOP Platform under Government Operations Section 237: "Unelected Bureaucrats". "We oppose the appointment of unelected bureaucrats, and we support defunding and abolishing the departments or agencies: Energy".

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

This bill, the Texas Regulatory Consistency Act, prohibits local governments across the state from imposing additional regulations in various fields already regulated at the state level, such as agriculture, labor, and property. The bill also prohibits local governments from enacting any ordinance or rule that conflicts with state law. Support is the position of the Texas GOP Platform under Markets and Regulation Section 38: "Municipal Preemption". "We encourage the Legislature to preempt local government efforts to interfere with the State’s sovereignty over business, employees, and property rights. This includes but is not limited to burdensome regulations on short-term rentals, bags, sick leave, trees, and employee criminal screening."

Combatting Government Overreach by Prohibiting Local Governments from Imposing Additional Regulations on Certain Sectors.

The Herrero amendment #45 to the appropriations bill. This amendment prohibits any funds in the bill from being used for school choice programs, including school vouchers, education savings accounts, tax credit scholarships, or grants that allow students to attend private schools. Oppose is the position of the Texas GOP Platform under Parents' Rights Section 101: "School Choice". "Texas families shall be empowered to choose from public, private, charter, or homeschool options for their children’s education, and the funding shall follow the student without strings attached. We also support tax credits and exemptions for education and choice within the public school system."

Blocking School Choice by Prohibiting Any Appropriations within the Budget for School Choice Programs.

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 position of the Texas GOP Platform under Citizen Rights Section 32: "The Right to Keep and Bear Arms". "State and Federal Legislatures shall: Recognize the right of License to Carry holders to carry anywhere off-duty or retired law enforcement can carry."

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

This bill, the Alan Vera Memorial Act, contains several provisions related to election integrity. The bill expands the required cooperation of the Secretary of State with other states to identify ineligible voters. Additionally, the bill requires the Secretary to contract with a private sector data system to identify voters whose addresses have changed, are registered to vote in more than one state, are deceased, or who are not eligible to vote due to a felony conviction. Finally, the Secretary is required to use the National Change of Address database to identify voters whose addresses have changed to prevent multiple registrations. Support is the position of the Texas GOP Platform under Elections Section 242: "Fair Elections Procedures". "We support the right of eligible voters to cast a ballot in each election once, but we oppose illegal voting, illegal assistance, or ineligible persons. We support: Allowing, by Open Records Request, a bit-by-bit forensic imaging of all electronic devices, including servers, at Central Counting immediately before and after each election."

Strengthening Election Integrity through an Additional Voter Crosscheck.

This bill provides that businesses with revenue up to $2.47 million are not required to pay any franchise tax (previously $1 million). Additionally, those businesses are no longer required to file a tax information report. Support is the position of the Texas GOP Platform under Spending Restraint Section 82: "Repeal Taxes". "We support abolishing the following: Business franchise taxes."

Expanding Economic Growth by Increasing the Franchisee Tax Exemption from $1 Million to $2.47 Million.

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 position of the Texas GOP Platform under School Finance and Property Taxation Section 92: "Bonds Create Bondage". "We urge the Texas Legislature to amend the Texas Election Code to require bond issues be approved by a 2/3 majority of those voting and only if 20% of all registered voters in the district cast ballots. Taxpayer standing must be established to allow taxpayers to hold government entities accountable.  

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

This bill expands coverage under Medicaid (government-provided healthcare) by directing the Health and Human Services commissioner to adopt rules to cover home telemonitoring services under the state's Medicaid program. Previously, this was optional if the commissioner determined that such coverage would be "cost-effective and feasible." Oppose is the position of the Texas GOP Platform under Government-funded Health Programs Section 149: "Medicaid Reform". "We support Medicaid block grants to the states and returning Medicaid to its original purpose to be a temporary assistance program. We oppose any further expansion of Medicaid."

Growing Government Dependency by Expanding the Medicaid Welfare Program to Now Cover Home Telemonitoring Services.

This bill provides that a person who sells or leases a vehicle weighing at least 6,000 lbs. is not liable for not retrofitting the vehicle with equipment, or selecting certain equipment, that was not required under federal regulations when the vehicle was manufactured or sold. Support is the position of the Texas GOP Platform under Courts, Prosecution, Restitution Section 184: "Frivolous Lawsuits". "We support further reform to discourage frivolous lawsuits. We oppose the abusive use of class action lawsuits and any law that allows government agencies to collect lawyer fees from the plaintiff when they win but not have to pay the plaintiff fees when they lose."

Protecting Truck Rental Companies from Frivolous Litigation for Not Retrofitting Trucks with Safety Equipment Upon their Sale.

This bill serves as the enabling legislation for constitutional amendment HJR 3. Through this bill and the constitutional amendment, a $3.4 billion research endowment is created for Texas State University, Texas Tech University, the University of Houston and the University of North Texas. The funds for the bill will come from the state's Economic Stabilization Fund, commonly referred to as the "rainy day" fund. Oppose is the position of the Texas GOP Platform under Spending Restraint Section 86: "Higher Education Spending Control". "We support freezing public spending on State higher education until waste and administrative costs are reduced." "We oppose the use of the Economic Stabilization Fund (Rainy Day Fund) to expand government. Use of the Economic Stabilization Fund shall be limited to its intended purposes of preventing tax increases during economic downturns and responding to unforeseen disasters."  

Raiding the State's Rainy Day Fund to Channel over $3.4 Billion in Additional Funding to Woke Universities.

This bill, the Property Tax Relief Act, contains a couple key provisions designed to limit increases in property taxes. Most notably, the bill lowers the appraisal cap from 10% to 5% and would expand the cap to also include business property owners, such as restaurants and apartment complexes, rather than just residential. Support is the position of the Texas GOP Platform under School Finance and Property Taxation Section 91: "Property Tax Relief". "We support these incremental steps toward the ultimate abolition of property tax: b. Replace the appraisal system with a system that values property at the purchase price."

Protecting Homeowners and Businesses from Spiking Property Taxes by Limiting Annual Property Assessment Increases.

The Tinderholt amendment #1 to a bill prohibiting public colleges and universities from establishing a diversity, equity, and inclusion (DEI) office. The amendment eliminates language in the bill which forces public institutions to make efforts to reassign employees whose positions will be eliminated due to the bill's prohibition on DEI offices. The amendment also eliminates the requirement that the Texas Higher Education Coordinating Board conduct an annual study on the impact of the bill on students, broken down by categories such as race, gender identity, and sexual orientation. Support is the position of the Texas GOP Platform under School and Property Taxation Section 93: "Administrative Bloat is Not Tranformative". "We call on Texas school administrators to deliver more education for our dollars, instead of nonstop lobbying for more dollars for education. At a minimum, 65% of revenue should be spent in the classroom. We oppose the underhanded strategy of making cuts to visible frontline teaching positions instead of administrators and overhead."

Fighting Back Against Efforts Designed to Weaken the DEI Bill by Forcing Taxpayers to Fund DEI Studies, Retaining DEI Employees, and Delaying Implementation of the Bill.

This bill provides an increase in the vehicle asset allowance under the supplemental nutrition assistance program (SNAP). As a result, an individual may now own a vehicle valued at up to $22,500 (previously $15,000) and still be eligible for the welfare program. Oppose is the position of the Texas GOP Platform under Government-funded Health Programs Section 146: "Welfare Reform". "We support the abolition of all federal welfare programs, as they are not an appropriate role of the federal government. Until such time, welfare reform should encourage partnerships with faith-based institutions, community, and business organizations to assist individuals in need.

Growing Government Dependency by Increasing the Vehicle Asset Allowance Under the SNAP Welfare Program from $15k to $22.5k.

This bill extends the Texas Economic Development and Tourism Office for an additional 12 years, until September 2035. This office is focused on "marketing and promoting the state of Texas." Oppose is the position of the Texas GOP Platform under Spending Restraint Section 75: "Government Spending and Taxation". "We believe in the principles of constitutionally limited government based on federalist principles. To this end, we encourage our elected officials at all levels of government to work to reverse the current trend of expanding government and the growing tax and debt burdens placed on “We the People.” Government spending is out of control at the federal, state, and local levels, and action is needed to reduce spending, and therefore taxation, at all levels."

Fueling Tens of Millions in Wasteful Spending by Extending the Unnecessary Texas Economic Development and Tourism Office for Another 12 Years.

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 position of the Texas GOP Platform under School Finance and Property Taxation Section 90: "Axe the Property Tax". "We support replacing the property tax system for businesses and individuals with an alternative other than the income tax and requiring voter approval to increase the overall tax burden. We urge the Legislature to immediately develop and implement a transition plan that is a net tax cut."

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

This bill prohibits "sexually oriented" shows and exhibitions from being performed on public property. Additionally, the bill requires any person or location that hosts such an exhibition (including drag shows) ensure minors are not allowed access. Support is the position of the Texas GOP Platform under Family and Gender Issues Section 209: "Protect Minors Until Age of Consent". "A law shall be enacted to protect the rights of the individual until the age of consent is reached. b. Protect against predatory sexual behaviors, including but not limited to “Drag Queen Story Hour.” 

Protecting Minors from Sexual Content by Ensuring Adult Entertainment is Not Performed on Public Property and that Minor Access is Restricted.

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 position of the Texas GOP Platform under Opposition to Market-Distorting Tax and Fiscal Subsidies Section 94: "Property Tax Abatements". "We support repealing Tax Code Chapter 312 county and municipal property tax abatements, and we oppose reintroducing school property tax abatements, formerly known as Chapter 313."

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

This bill prohibits local governments from enacting any ordinances which require a firearm owner to obtain liability insurance for "damages resulting from negligent or willful acts involving the use of the firearm." Support is the position of the Texas GOP Platform under Citizen Rights Section 32: "The Right to Keep and Bear Arms". "State and Federal Legislatures shall: Nullify any gun laws that violate the 2nd Amendment or rights of due process."

Protecting Second Amendment Rights by Preventing Localities from Imposing Liability Insurance Mandates on Firearm Owners.

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 position of the Texas GOP Platform under Land Use Section 222: "Property Rights". Property ownership and free enterprise, the foundation of our collective wealth, must not be abridged nor denied by government. Property owners shall be notified of their rights regarding condemnation, annexation, or easement, and the condemner shall be required to petition a court of jurisdiction to show public necessity. Taking of property shall result in immediate compensation of fair market value to the owner."

Strengthening Property Rights by Protecting Businesses from Local Zoning Changes.

This bill extends the duration of postpartum coverage provided under Medicaid from 60 days to 1 year. Support is the position of the Texas GOP Platform under Life-Affirming Health Care Concepts Section 165: "Alternatives to Abortion". "We urge the Republican Party of Texas to support programs that provide assistance to pregnant women by: Ensuring women have medical insurance coverage up to one year postpartum, making it safer for pregnant women to give birth in Texas."

Increasing Government Dependency and Ballooning Medicaid Welfare Spending by an Additional $381 Million by Hiking Postpartum Benefits from 60 Days to 12 Months.

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 position of the Texas GOP Platform under Courts, Prosecution, Restitution Section 184: "Frivolous Lawsuits". "We support further reform to discourage frivolous lawsuits. We oppose the abusive use of class action lawsuits and any law that allows government agencies to collect lawyer fees from the plaintiff when they win but not have to pay the plaintiff fees when they lose."

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

This bill contains a major provision which requires taxpayers to fund "expanded access to broadband services in economically distressed communities". The new spending will unlock additional funds under the federal "Broadband Equity, Access, and Deployment Program" and is expected to provide significant new revenue to Comcast which lobbied for the bill. Other alternatives include Elon Musk's Starlink. Oppose is the position of the Texas GOP Platform under Opposition to Market-Distorting Tax and Fiscal Subsidies Section 95: "Bailouts and Subsidies". "We encourage government to divest its ownership of all businesses that should be run in the private sector. We oppose all bailouts of and subsidies to domestic and foreign government entities, states, and for all businesses, public and private."

Enriching Comcast and other Woke Corporations by Forcing Taxpayers to Provide "Broadband Equity" through a Government Central Planning Scheme.

This bill requires all restaurants to display a "food allergen awareness" poster for employees, with the content to be determined by the Department of State Health Services. Additionally, food education and training programs are now required to include food allergy information, and a food manager certificate examination must include this information. Oppose is the position of the Texas GOP Platform under Markets and Regulation Section 41: "Reduce Business Regulations". "We believe that .. businesses should be minimally regulated at all levels". 

Growing the Regulatory State through an Excessive "Food Allergen Awareness" Poster Mandate on all Restaurants and Food Establishments.

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 position of the Texas GOP Platform under Government-funded Health Programs Section 146: "Welfare Reform". "We support the abolition of all federal welfare programs, as they are not an appropriate role of the federal government. Until such time, welfare reform should encourage partnerships with faith-based institutions, community, and business organizations to assist individuals in need. We oppose any further expansion of Medicaid."

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

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 position of the Texas GOP Platform under Courts, Prosecution, Restitution Section 184: "Frivolous Lawsuits". "We support further reform to discourage frivolous lawsuits. We oppose the abusive use of class action lawsuits and any law that allows government agencies to collect lawyer fees from the plaintiff when they win but not have to pay the plaintiff fees when they lose."