Texas Senate Finance Committee Votes to Effectively Eliminate Children's Health Care in Texas

(Austin)//--State Representative Garnet F. Coleman (D-Houston) expressed outrage at the Senate Finance Committee's decision to adopt a rider to their budget that would require any settlement payments for the Frew v. Hawkins Medicaid lawsuit to be paid within existing funds of the budget -- which would, by default, gut funding for Medicaid and CHIP services in Texas.

"The Senate has chosen to fund future property tax cuts over addressing a fifteen year-old liability," Rep. Coleman said. "The State has hidden from this problem for fifteen years. The Senate opened their eyes just so they could point a gun directly at children's health care in Texas."

Currently, there is approximately $9 billion in unspent funds in which the Senate could use to pay for coming in compliance with the Frew lawsuit. The Senate rider prohibits the use of any of those funds for Frew, and beyond that, would set aside an additional $3 billion for future property tax cuts in the 2010-2011 biennium. If the Senate's rider stays on the budget, the State would be forced to entirely eliminate CHIP, eliminate drug benefit coverage from Medicaid, or drastically reduce provider rates for hospitals and other health care providers.

"We're no longer fighting for twelve months CHIP eligibility -- we're going to be fighting for the existence of children's health care in Texas," Rep. Coleman said. "It's a callous disregard for children's health care. The choice to set aside dollars for future property tax cuts over responsibly settling the Frew lawsuit is absolutely, 100% inexcusable."

Rep. Coleman Statement on TSU Blue Ribbon Report to the Governor

(Austin)//--State Representative Garnet F. Coleman (D-Houston) released the following statement on the TSU Blue Ribbon Report issued to the Governor's Office: 

"I applaud the work done by the Blue Ribbon Panel and their recommendation to keep Texas Southern University an independent institution.

"In addition, I'm pleased that they recommended reinstating the accountability rider, 'Rider 5,' for Texas Southern University. I authored the original accountability rider, and I'm proud it will be put back in place. Reinstating the accountability rider ensures that the financial problems created by Priscilla Slade and Quentin Wiggins are not duplicated in the future.

"I also applaud the recommendation to provide emergency funding to TSU, and the inclusion of $13,645,120 in emergency appropriations in the supplemental appropriations bill, House Bill 15, which will be on the floor of the House this Thursday." 

Below is the language for "Rider 5" accountability rider that is referenced in the Blue Ribbon Panel Report, which was originally authored by Rep. Garnet Coleman:
• Establish and Implement University Accountability Systems. The Board of Regents of Texas Southern University shall establish a team of outside experts no later than September 1, 1997. The team shall work with the institution administration to assist in establishing and implementing management and financial procedures and comprehensive internal oversight systems and controls at Texas Southern University, including finance and accounting, human resources, management information systems, planning and communications, and student financial aid. The team may include outside consultants, staff from the Comptroller of Public Accounts, or other appropriate agencies. The team shall establish a timeline and benchmarks for implementing policies, procedures and control systems for each of the areas listed above.
The university in conjunction with the team of outside experts shall provide quarterly progress reports, in a format prescribed by the State Auditor's Office, to the Board of Regents, Legislative Budget Board, Legislative Audit Committee, State Auditor's Office, Senate Finance Committee, and House Appropriations Committee. The progress report shall include specific information on progress in finance and accounting, human resources, management information systems, planning and communications, and student financial aid. If the State Auditor determines that substantial demonstrable progress has not been made by Texas Southern University by June 1, 1998, in establishing, implementing, and maintaining necessary systems and controls, the State Auditor's findings and the reasons therefore shall be reported to the Legislative Audit Committee. In response to the State Auditor's findings, the Legislative Audit Committee, after consultation with the Higher Education Coordinating Board, shall make a recommendation to the Seventy-sixth Legislature on placing Texas Southern University under the organization, control, and management of a university system.

House Committee on Higher Education Meeting

Today before the House Committee on Higher Education I laid out  H.B. 1173, which re-allocates $17 million in previously authorized tuition revenue bonds to pay for deferred maintenance at Texas Southern University. You can watch the committee meeting by clicking here.

I wanted to let you know that the hearing went well and that I will be in contact with members of the committee to track the disposition of the bill. As always, if you have any questions or concerns, please do not hesitate to respond by e-mail or call my capitol office at 512-463-0524.

Rep. Coleman: Texas Must Provide Safe Schools for Texas Students

(Austin, TX)—Representative Garnet Coleman (D-Houston) announced today he has filed the Dignity for All Students Act to prohibit discrimination or harassment against students in and employees of Texas public schools. According to the Gay and Lesbian Student Education Network (GLSEN), the average GPA for LGBT students who were frequently physically harassed was half a grade lower than that of LGBT students experiencing less harassment (2.6 versus 3.1).

"Every Texas student has the right to a public education.  No child should ever have worry about getting on a school bus or walking down a hallway because of fear of harassment or discrimination,” said Representative Coleman. "When students are discriminated against in school and the school does nothing about it, we are failing them in a very fundamental way. The Dignity for All Students Act will help set a tone in Texas that no type of discrimination will be tolerated in this state."

H.B. 2527 prohibits discrimination and harassment on the basis of ethnicity, color, gender, gender identity or expression, sexual orientation, disability, religion, or national origin.  Additionally, the bill prohibits discrimination based on association with a person, and protects both the parents of students and whistleblowers who may report incidents of discrimination or harassment.

"If school officials turn a blind eye to anti-gay harassment while they take steps to deal with other kinds of harassment, they can be liable for violating the federal constitutional rights of the students affected," said Randall Ellis board member of the Texas ACLU. "H.B. 2527 directs Texas schools to take preventive steps by establishing a policy that includes LGBT youth that will help stem harassment before it becomes a problem."

The legislation also provides for data reporting on incidents of harassment in public schools as well as requiring school districts to undergo training on how to respond to and prevent harassment and discrimination at school.

"Knowing what kind of discrimination may be going on in our schools will bring us a lot closer to figuring out how to stop it,” said Representative Coleman.

H.B. 2527 has been referred to the House Committee on Public Education.  Advocates for this legislation are hopeful that Chairman Rob Eissler (R-Magnolia) will grant the bill a hearing and allow students to testify to the need of ending discrimination in Texas schools.

Representative Coleman: Texas Must Invest in “Something New Under the Sun”

(Austin, TX)//Representative Garnet Coleman today announced he has filed legislation to encourage the development of solar power in Texas.

House Bill 2226 creates the TexSun Solar Energy Rebate Program. Funded by a sixty-five cent fee on utility bills, rebates provided by the fund will offset the initial cost of installing solar electric power in one’s home. Owners of solar electric systems will receive credit for surplus energy they produce from their panels. If they produce more energy than they use, then the consumer gets a credit on that month’s electricity bill for the energy they produced.

“With Texas’ sky-high utility bills and the threat of global climate change, our state needs to make an investment in solar power,” Representative Coleman said. “That’s why I have filed H.B. 2226, to help bring the cost of solar within the reach of Texas homeowners and businesses.”

Texas’ excellent solar resources, the best in the nation according to the State Energy Conservation Office, make the state a prime location for an investment in solar power.
“Texans know how the sun beats down on them - why not put that to good use?” Representative Coleman said.

Representative Coleman stressed that solar power is ready to meet Texas’ energy needs, not just at some point in the future, but today.

“People may think of solar as this expensive, niche technology, but that’s not so. H.B. 2226 will help bring the cost of solar within the reach of Texas homeowners and businesses,” said Representative Coleman. “With the right incentives, solar power can be as common on the cul de sac as a minivan in the garage or a barbecue in the backyard.”

Senator Rodney Ellis, who has filed a companion bill in the Senate, joined Representative Coleman in stressing the need for Texas to invest in solar power.

"Across the state, Texans are demanding that we take action on clean energy," said Senator Ellis.  "These bills will help Texas expand access to clean, renewable energy, address our growing environmental challenges, and help Texas take the lead in this vital technology."

Representatives of industry, environmental groups, and faith organizations praised the legislation as an important step for Texas’ environmental and economic future.
"Texas is blessed with exceptional renewable energy resources.  We applaud Rep. Coleman's proposal to expanding onsite solar usage through "buy-down" incentives.  These incentives will reduce the initial cost of renewable energy equipment for the consumer and stimulate this market sector in Texas," said Ramon Alvarez of Environmental Defense. "We have recently analyzed the potential of policies like the one proposed by Rep. Coleman in HB 2226 to address our state's growing energy needs.  We found that solar and other onsite renewables could meet 5% of projected electric consumption in 2023."

“Texas has more sunshine than any other state in the union and the know-how to lead the nation in solar electric power, just as it became the U.S. leader in wind power," said Julie Blunden with Sunpower.  "SunPower Corporation applauds Representative Coleman for his leadership in introducing HB 2226, solar legislation that can create solar jobs and industry in the Great State of Texas while providing reliable, clean peak power to meet the energy needs of Texas families and businesses.”

“We are so grateful to Representative Coleman for introducing HB2226," said Bee Morehead, executive director of Texas Impact. "This bill will help Texans tap into our most abundant natural resource—our bright, sunny sky—and use that sunshine to generate clean, safe energy to power our homes, churches and communities.”

This bill may spark a solar energy boom in Texas. No state has more potential to generate solar energy than Texas, but we’ve been lagging behind other sunny states like California, Nevada and other unlikely states like New Jersey, Pennsylvania,  which have developed strong solar programs," said Thomas "Smitty" Smith with Public Citizen. "It is my hope that  years from now Texans will look back on this day as the start of the Great Tex Sun boom."

“We can protect our environment and move to a cleaner energy future by using our technological know how to tap into solar energy," said Luke Metzger of Environment Texas. "With the best solar resource potential in the nation, high projected energy needs and a considerable existing energy infrastructure, Texas is in a prime position to be a world solar leader."

Weakened CHIP Bill Fails to Commit to the Health of Texas Children

(Austin)--State Representative Garnet F. Coleman (D-Houston) announced that the compromised CHIP bill passed out of the House Human Services Committee is an incomplete plan that denies Texas children the full health coverage they deserve.

"It is unacceptable to not fully commit to the health of our children," Rep. Coleman said. "This bill looks good on the surface, but in operation it still denies our children access to health coverage. This is not a policy compromise, it's political cover."

The CHIP bill, as it came out of the House Human Services Committee, does not fully repeal the assets test, as did the dozens of bills that House Democrats filed this session. Though the bill lessens some of the limitations of the assets test, it also moves the assets test into statute, permanently enacting restrictive policies that keep families from receiving CHIP coverage.

The legislation also fails to fix the problems at the Texas Health and Human Services Commission (HHSC) that created bureaucratic red tape which resulted in countless eligible CHIP children losing their coverage. The privatization of the eligibility system at HHSC, which emerged after the awarding of the $899 million contract to Accenture, created problems that are not addressed in the bill that came out of Committee.

Rep. Coleman recommended that the Human Services Committee pass out House Bill 740 by Rep. Elliott Naishtat, which fully repeals all the restrictive policies and bureaucratic red tape that created the CHIP crisis.

" The CHIP bill that passed out of committee is not intended to be good public policy - it's intended to be safe political cover," Rep. Coleman said. "With all due respect to the committee, putting those prohibitive rules into statute will only make it harder to fully restore and expand CHIP in the future. We have public support and more than enough money to do so, but apparently, there are enough Members in leadership positions that don't have the political will to fully restore the program."

By not fully restoring CHIP, the Texas Legislature is now poised to -- much as they did during the 79th Regular Session -- pass small changes to CHIP that fail to restore full coverage for our children. In addition, Lieutenant Governor Dewhurst and Senator Ogden have indicated they will not, under any circumstances, increase the eligibility period from six to twelve months.

"This is all a shell game," Rep. Coleman said. "The Senate will gut this bill, if they don't kill it outright. Senator Ogden won't allow expanding eligibility periods to twelve months because he thinks using 1% of our $14 billion surplus to restore CHIP is too much. Governor Dewhurst refuses to move eligibility enrollment from six to twelve months because he thinks people are too stupid to apply."