Protecting Our Children's Health and Our Religious Freedoms

Restoring Health Care to Needy Children

As one of the creators of the original Children's Health Insurance Program (CHIP) in Texas, it is my pleasure to inform you that CSHB 2962, which is a positive step in restoring CHIP coverage to its intended levels, was voted out of the House Committee on Human Services yesterday. As the author of this legislation, I want to thank Chairman Patrick Rose and the members of the Human Services Committee for their leadership on this legislation. I also applaud the efforts of the members of the House Appropriations Committee for providing the funding to make this possible.

This bill is a collaborative product of the efforts of several members of the Legislature, as well as other Texans concerned with the high number of uninsured children in the state. It is estimated that this legislation will help insure 80,000 of Texas' children from working class families.

CSHB 2962 expands CHIP eligibility to include children from families earning up to 300 percent of the federal poverty level. The bill includes a buy-in option, at no cost to the state, for children from families with a net income up to 400 percent above the federal poverty level, who were previously enrolled in CHIP but lost coverage due to an increase in income. Currently, children from families at 150 percent above the federal poverty level enrolled in CHIP are required to verify that their allowable assets do not exceed $10,000. CSHB 2962 raises the check for allowable assets to families earning 250 percent of the federal poverty level, and raises allowable assets to $20,000.

Additionally, it exempts the value of one car from being included in determining families' assets for CHIP. A vehicle is a lifeline for families, and should not be considered an asset when determining health coverage. Families need to drive to get to work, to get food, and to take their children to school. CSHB 2962 also excludes child support payments and assets in college savings plans from being considered when determining eligibility for programs like CHIP and Medicaid. These changes will encourage families to invest in the future of their children's education, without fear that their investment will cause them to lose their health care.

Protecting the Right to Freely Practice Religion

On another note, the House took a step to protect an individual's right to practice his or her religion yesterday, by unanimously passing HB 3025. This legislation, which I gladly authored, would make it illegal for property owners' associations to prohibit their residents from displaying religious items on their doors.

I filed this bill on behalf of Monica and Michael Smith, two constituents who were ordered to take down their tiny 3 inch mezuzah by their condominium association. For certain religious groups, including observant Jews, posting a religious symbol on the outside of a door is not a matter of decoration, but a matter of fulfilling religious mandate and obligations. Consequently, property owners' associations who prohibit the display of certain religious symbols effectively discriminate against residents whose faiths require the posting of these symbols.

HB 3025 is a well balanced law with significant safeguards for property owners' associations. This bill would allow a property owners' association to remove a religious item that is larger than 25 square inches, violates a law, or threatens public health or safety.

I believe that it is a duty for members of the Legislature to respond to calls from constituents when they present a problem. I will continue to keep you up to date with the progress of this bill as it makes its way through the Senate.

Combating the Rising Cost of Higher Education

I was honored to serve as a moderator for the "Rising Cost of Higher Education" panel today, which was part of the African American Legislative Summit held at the Capitol. On the panel were an exceptional group of higher education administrators, including, Dr. John Rudley, President of Texas Southern University.

One of the biggest obstacles to higher education for Texas students continues to be the rising cost of tuition. Designated tuition at Texas colleges and universities has risen 112 percent in the past six years. These soaring rates are a direct result of tuition deregulation enacted in 2003. TEXAS Grants and student loans have not risen on par with the escalating cost of tuition, nor have they kept up with the number of qualifying students. High tuition has forced average Texas families to search out additional loans to cover the cost of rising tuition.

Fortunately, members of the House decided to expand educational opportunities for Texas students by increasing the state's college financial aid programs. Additionally, I was able to pass an amendment to the House budget that would provide academic based scholarships for higher education to achieving students, regardless of their economic status. This would serve to benefit middle income families that have had to bear the brunt of skyrocketing tuition rates. By creating an additional fund to aid these families, the state would be providing great academic incentive for students while reducing the amount of debt they and their parents must face upon graduation.

Texas will benefit from getting as many students into college as possible. We have an obligation to expand educational opportunities for students, not continue to price them out.

Increasing the accessibility and affordability of higher education has and will continue to be a top priority. I will continue to keep you updated on this important issue as session progresses.

Celebrating a Strong and Independent TSU

Today, a resolution recognized April 27, 2009, as Texas Southern University Day at the State Capitol. The resolution, which I gladly filed, commemorated a day in which TSU national alumni and members of the student government association traveled to the Capitol to express their support for a strong and independent TSU. In its 60 year history, TSU has presented over 48,000 degrees, and has trained the majority of teachers for the Houston Independent School District. Additionally, TSU's Thurgood Marshall School of Law has been recognized by U.S. News and World Report as the most diverse law school in the nation.

To read the full resolution, click here

Amendment to House Budget will Contract TSU to Conduct Pilot Project

I am happy to report that an amendment I passed to the House budget would require the Department of Criminal Justice to contract with Texas Southern University to conduct a pilot project to reduce incarceration stays by individuals who suffer from mental illness. At least $500,000 will be appropriated to TSU for administration and project oversight.

The project would operate in two sites in Houston and one site in San Antonio in places certified as meeting the Clubhouse standards for organizations serving persons with a history of mental illness. The Clubhouse model of psychosocial rehabilitation is a program of treatment for people with severe and persistent mental illness. Seventy percent of people with mental illness in jail or prison are there for nonviolent offenses. Texas Clubhouses have been shown to reduce psychiatric hospitalizations and recidivism for people with severe mental illness, saving taxpayers money. Through the rehabilitative process offered at the Clubhouse, people with mental illness are not only becoming less of a tax burden for Texans, but are also working towards and achieving self-sufficiency through employment.

I will continue to keep you up to date on TSU and the progress of our efforts, as I continue to work on the long-term success, independence and prosperity of Texas Southern University.

Movement to Create More Tier One Universities

I am excited to report that the Texas House passed legislation - House Bill 51- that has the potential to create 7 new tier one universities in the state. As a long time advocate of increasing Texas' investment in university research programs, I joined my colleague, Representative Dan Branch, by joint authoring HB 51 earlier this session. This bill would let seven public universities- including the University of Houston - compete for a new pool of state funds if they can attract major research grants, major endowment gifts, and top research faculty and staff.

Sadly, Texas currently has only two public universities classified as tier one institutions even though we have the second highest population in the nation. Texas students deserve more nationally respected options. The development of more top tier universities would open up seats of excellence available for Texas students, and would make our state more nationally and globally competitive.

The Legislative Study Group, a House Caucus that I chair, released an analysis and recommendations on the state of higher education in Texas last year. To read that report, click here.

HB 51 is sound public policy that is good for Texas students and Texas families. I am committed to improving the quality and accessibility of education to the people of Texas. I will continue to keep you up to date on this issue as session progresses.

Texas House Unanimously Approves Budget

Early Saturday, the Texas House of Representatives unanimously approved a two-year budget that included increases to education and health and human services. The House agreed to give additional funds to the Children's Health Insurance Program if pending legislation is passed that would expand enrollment to include kids at 300% of the federal poverty level.

I worked closely with my colleague, Rep. Sylvester Turner, to successfully amend the House budget to include additional funds for Medicaid if legislation that would change the qualification requirement for Medicaid from every six months to once a year passes. Annual Medicaid applications will simplify the process for Texas families and give a quarter million children the opportunity to see a doctor. In addition, I passed a rider to help Medicaid primary care providers by increasing their reimbursement rates to keep up with inflation. And, I am happy to report that the members of the House chose to do more to assist those with mental health illnesses, as they voted to expand funding for community mental health crises services and veteran's services, amongst others.

I am pleased that the Texas House is moving forward by choosing to take care of Texas' neediest, instead of the reverse. I will keep you updated with the details of the budget passed by the Texas House in the coming days.

Below I have included an article from the Houston Chronicle that better details the changes to Medicaid in the budget approved by the House.

Close Medicaid gap

Change the rules. Texas children should only have to qualify annually.
Copyright 2009 Houston Chronicle

From the Department of Statistics We Don’t Like: Texas leads all states in the percentage of uninsured children. About 1.5 million of our young are doing without health insurance.

Some 700,000 of these youngsters, the poorest of the poor, are eligible for the federal Medicaid program but not registered. These Texas children are starting from an obvious disadvantage and the state-administered system for Medicaid doesn’t make things any easier. Parents and guardians of children seeking coverage under Medicaid are required to re-qualify their children for coverage every six months rather than annually, as is the practice in the private sector and for CHIP, the Children’s Health Insurance Program.

This results in lapses of coverage for several hundred thousand children. It is both scandalous and unnecessary.

It is also economic foolishness. Costs of illness and injury to these legions of children that would be borne by Medicaid are shifted onto Texas taxpayers in other, more expensive ways. Meanwhile, the generous federal Medicaid match — $1.47 for every $1 in state funds — goes unused in Texas.

We can change this disgraceful situation with a simple amendment to the state budget, and we should. An amendment by state Reps. Sylvester Turner and Garnet Coleman, both Houston Democrats, would change the qualification requirement from every six months to once a year for the next two years, when the results would be subject to review. This would cut down on paperwork and close the gaps in coverage that leave so many poor Texas children without.

Over time, enlightened members of the Texas business community have come to see the wisdom of such an approach. One such group is the Greater Houston Partnership. Former Partnership chair Bruce LaBoon sums it up succinctly: “It is absolutely good social policy. It is also absolutely good business policy.” And so it is. Let’s fix it.

Keeping Vulnerable Texas Children in Loving Homes

Over 2 million American children are removed from their homes and placed with their grandparents or other relatives because their parents cannot care for them. The majority of Texas children removed from unsafe homes are placed with relative caregivers, who are expected to take custody of children with little to no financial support. This type of relative care, known as kinship care, improves the stability of displaced children by keeping them closer to their extended families, neighborhoods, and their schools.

Providing subsidized financial assistance to kinship caregivers has been shown to increase permanent placements for children, and even more so for older children, who often age out of the foster care system. In 2007, I passed Rider 31 to the Department of Family and Protective Services (DFPS) portion of the Appropriations bill, which directed the department to maximize federal funding for kinship guardianship programs. This session, I attached Rider 32 to the DFPS portion of the Appropriations to do the same.

Today, I will lay out a resolution - HCR 160 - that directs the Health and Human Services Commission to seek all federal funds available to provide support to these kinship caregivers, whose biggest barriers are financial ones. Kinship caregivers who are willing to take permanent custody of children who would otherwise be in the foster system deserve the same level of financial supportive service available to non-kin who adopt from foster care. Paid relative placements cost the state less than placing children in foster care, and are more permanent than non-relative placements.

We must keep vulnerable Texas children safe, and in loving homes. I will continue to keep you updated on this important issues as session progresses.

Making Higher Education Accessible and Affordable for Texas Families

The passage of legislation deregulating tuition in 2003 marked the end of an era of accountability, accessibility and affordability in Texas public higher education. Since tuition deregulation went into effect, designated tuition at Texas colleges and universities has skyrocketed 112 percent, placing the burden of these increased tuition rates on the backs of students and families. Texas Grants and student loans have not risen on par with the escalating cost of tuition, nor have they kept up with the number of qualifying students; thus creating a growing gap between those able to afford college and those in need of financial assistance.

Today, I laid out legislation - House Bill 2955 - in the House Higher Education Committee that would repeal the tuition setting powers of university boards of regents. HB 2955 would scale back tuition rates to reasonable levels and set the tuition for the next 6 academic years. This would give Texas students the opportunity to financially plan their education and focus on their studies, rather than worry about how to pay for college. It is time that state officials take back the responsibility for controlling tuition and expand educational opportunities for Texas students, not continue to price them out.

Increasing educational opportunities for Texas students has and will continue to be a top priority. I will continue to keep you updated on this important issue as session progresses

Protecting an Individual's Right to Practice their Religion

Our country prides itself on certain protected fundamental freedoms; including freedom of religion. For certain religious groups, including observant Jews, posting a religious symbol on the outside of a door is not a matter of decoration, but a matter of fulfilling religious mandate and obligations.

Unfortunately, some property owners' associations currently prohibit their residents from posting religious items on their doors. Consequently, these property owner association rules effectively discriminate against residents whose faiths require the posting of religious symbols on outside doors and posts.

Two weeks ago, I laid out legislation, House Bill 3025, in the House Committee on Business and Industry which would make it illegal for property owners' associations to prohibit their residents from displaying religious items required to be displayed on their doors. I'm happy to inform you that the committee passed out House Bill 3025 yesterday. This bill now heads to General Calendars; as a member of this committee, I will do everything to ensure that it goes to the house floor for a vote.

HB 3025 is a well balanced law with significant safeguards for property owners’ associations. This bill prohibits the posting of a religious item that violates the law and prohibits the posting of a religious item that threatens the public health or safety. Additionally, HB3025 will be amended to allow for reasonable size restrictions on posted religious items. Any religious item that violates these safeguards may be removed by a property owner’s association.

I will continue to keep you updated on the movement of this bill as session progresses.