Showing posts with label Transparency for Texas Taxpayers. Show all posts
Showing posts with label Transparency for Texas Taxpayers. Show all posts

Wednesday, August 28, 2013

"Local Government Debt: What Transparency?" and LISD Public Hearing on Budget & Tax Rate

My "All In Perspective" column from August 22 is republished below.  In related news, it seems that the Leander ISD is holding a specially called meeting on Thursday, August 29, at 6:15 at the Support Services Complex.  This will include a public hearing on the Budget and Tax Rate for the 2013-14 school year, and presents an opportunity for the community to speak out.  Concerned citizens should plan to attend. 

Original Column:

In a recent San Antonio Express News article, Donnis Baggett of the Texas Press Association claimed that ‘transparency’ was the buzzword of the Texas’ 83rd Legislative Session.  Baggett applauded a new law that allows the public to better scrutinize communications between elected officials, and gives news publishers more leeway to “correct, clarify, or withdraw” false reporting before being subject to defamation laws.  According to Baggett, these are marvelous advances for transparency in Texas.

However, the Elephant in the Room ignored by Baggett et al, is that Texas legislators quietly killed important transparency legislation that could have a dramatic impact on the long-term economic health of Texas.
 
The “Transparency for Texas Taxpayers” act, authored by House Appropriations Chair Jim Pitts, would have required greater disclosure on local government debt.   Both House and Senate versions of the bill stated that all taxing entities must prominently publish their spending and debt information online.  Also, when asking voters to approve new debt, local governments would have been required to include ballot language stating the:
  • Amount of proposed debt;
  • Principal outstanding on current taxable debt;
  • Estimated remaining interest on existing debt; and
  • Estimated total debt service on existing debt.
While many Texans are self-righteously clucking their respective tongues over the financial demise of cities like San Bernardino and Detroit, the truth is we have growing debt problem right here in the Lone Star State.  According to the Texas Bond Review Board, state taxpayers are now on the hook for $324 billion in local debt, and local taxes are on the rise.  Locally, the Leander Independent School District alone has a total debt/payback burden of nearly $2.7 billion dollars.  LISD is able to manage this monstrosity for the time being via the use of highly controversial Capital Appreciation Bonds (CAB’s,) which defers payments to future generations of Leander citizens.  In the meantime, LISD’s bond rating has been repeatedly downgraded and area homeowners already shoulder a significant property tax burden.
   
Defenders of public debt are eager to point out that most local government borrowing is “voter approved. “  Of course in most cases less than 10% of registered voters participate in bond elections, and proponents intentionally schedule such elections on odd dates for the express purpose of stifling voter participation.  (Like the Hutto ISD’s Labor Day Weekend election last year.)  Furthermore, local government officials set up separate Political Action Committees to promote these bond proposals.  Said committee then launches a slick advertising campaign that downplays the necessary tax increases and up-plays the benefits of the swanky new city/school district/county thing-a-ma-jigger.  Never, ever, ever is there any mention of the current debt carried or the impact on the next generation of taxpayers.
 
Unsurprisingly, cities and school districts sent their well-paid lobbyists and even a few elected officials to Austin to try to stop the Transparency for Texas Taxpayers Act, with the City of Georgetown in Williamson County playing an active role.  One witness actually stated aloud that he opposed the publication of the data because voters would not support higher debt if they knew how much they already owed.  In other words, we can’t continue to borrow and spend like drunken sailors if the public realizes what we’ve done.   The Texas House pulled down the act on a procedural problem and quietly let it die without taking action.

If we are to avoid the fate of the failed states of America, we must have a serious and persistent conversation about debt, and perhaps send some of our local elected officials to consumer credit counseling.  While some debt is necessary, excessive debt and extravagant spending (like $2500 park benches and unrealistic government pension plans,) can only have one, Detroitesque outcome.  Unfortunately, politicians are kicking the debt-can down the road for our children and grandchildren to solve.
 
This November, numerous local governments will be asking voters to approve ever more debt, and since there is little interest in off-year, single-issue elections, in all likelihood fewer than 10% of registered voters will bother to vote, and most of those will be completely unaware of the existing debt burden.  Local governments have until August 26 to call for bond elections for this year.  Be sure to check out local proposals, stay informed, and by all means, vote. 

Wednesday, May 15, 2013

Look For the Union Exemption: Update

I'm afraid I've been remiss again in posting my print columns.  "All In Perspective" is a bi-weekly column that runs in the Hill Country News, the Georgetown Advocate, and the Jarrell Star-Ledger.  To update this topic, the Texas House passed SB 346 this week without amendments.  Apparently, Representative Charlie Geren did not want to risk sending the bill back to the Senate, and so even though supporters of SB 346 have acknowledged the union exemption problem, they refused to amend.  Sadly, the answer I was given on why the union exemption was there in the first place was because "the Dems wouldn't vote for it without the exemption."

Well, duh. 

I support appropriate transparency measures, as long as they apply to everyone equally.

Please note that Williamson County Representatives Larry Gonzales and Tony Dale both voted yes on an amendment to remove the union exemption.  Unfortunately, the amendment failed, and the bill still gives unions a free pass.

SB 346 was sent to the Governor yesterday, but he has not yet signed it.  There are rumors of a veto, but we shall see. 

Original Column: 


Contrary to popular belief, labor union power is on the rise in Texas.  Few Texans realize that our "right to work" status merely prohibits compulsory union membership.  Not only do we have a wide variety of private and public sector unions in Texas, union membership in the state increased by 65,000 members last year.  It is no secret that the Democrat strategy to 'turn Texas Blue' is heavily reliant on burgeoning union power. 

Now it seems that the Texas Legislature is poised to pass legislation that would exempt labor unions from new political disclosure rules.  Recently the Senate approved a bill expanding the definition of a 'political committee' and requiring more activists to report contributions used for political purposes.  (Senate Bill 346)  The vagueness of the proposed law is leaving many political ethics lawyers scratching their heads about who will be covered.  But one thing is certain; the proposed law specifically exempts labor unions. 

If this political disclosure law is passed as written, Texas will be joining a slew of ‘blue’ states that exempt labor unions from rules that apply to Joe Citizen. 
 
Last year the U.S. Chamber of Commerce published a study entitled “Sabotage, Stalking & Stealth Exemptions:  Special State Laws for Labor Unions.”  The report describes little noticed state laws that exclude unions from prosecution for “conduct that would otherwise be considered criminal activity.” While many of the union exemptions apply to what we might consider ‘white collar crime,’ others involve more serious and physically violent behavior.

For example, while every state in the nation prohibits stalking, Pennsylvania’s prohibitions specifically exclude those involved in a labor dispute.  Other strong labor states (California, Nevada, Illinois, etc.,) also exempt unions from stalking measures. These union exemptions are unfortunate considering the history of violent tactics often employed by union activists.  The U.S. Chamber report includes the story of a non-union shop owner who had rocks thrown through his store windows, his tires slashed, and was shot in the arm, but Ohio labor unions defended these “monitoring” tactics as perfectly legal.

Likewise, California’s trespassing laws, designed to protect individuals and property, exclude “labor union activities.”  Such laws have permitted union members not only to picket, but to actively harass and intimidate customers of non-union businesses, business owners, and their respective families.  California also permits union activists to “willfully (block) the free movement of another person” in a public transit system facility or vehicle. 
 
Other state laws around the nation exclude unions from prosecution for sabotage and threats of bodily injury, but many of the non-violent exclusions are equally as troubling.  For example, in some states labor activists have been permitted to unionize anyone who accepts state funds for child care.  In Michigan, parents who accepted Medicaid to care for their own disabled child in their own home have been forcibly enrolled in and forced to pay dues to the SEIU. 
 
Texas already has a few laws that give advantage to organized labor, such as those governing formation of public sector unions.  The proposed political disclosure bill requires transparency for everyone except those who funnel campaign funds through organized labor.  And contrary to what supporters of the exemption have claimed, labor unions are not required to disclose contributions from non-members, even for political activity.
 
With its union exemption measure, the proposed disclosure law as written should be unacceptable to Texans who would like to keep this a “right to work” state.  Giving unions even the slightest advantage increases their political power and does not bode well for the future of the Lone Star State. 

Thursday, April 25, 2013

Proposed Texas Law to Exempt Unions? Updated

Contrary to popular belief, labor union power is on the rise in Texas.  Few realize that our "right to work" status merely prohibits compulsory union membership.  Not only do we have a wide variety of private and public sector unions in Texas, union membership increased by 65,000 members last year.  It is no secret that the Democrat strategy to 'turn Texas Blue' is heavily reliant on burgeoning union power. 

Now it seems that the Texas Legislature is poised to pass legislation that would exempt labor unions from political disclosure rules.  Recently the Senate passed Senate Bill 346, which expands the definition of a 'political committee' and requires more activists to report contributions used for political purposes.  The vagueness of the proposed law is leaving many lawyers scratching their heads about who will be covered.  But one thing is certain, the law exempts labor unions.

From SB 346:
This subchapter does not apply to a labor organization or any subordinate entity or associated account of a labor organization.
Translated from the original Greek, this means:
This subchapter does not apply to a labor organization or any subordinate entity or associated account of a labor organization. 
As campaign attorney Jerad Najvar points out in Lex Politico, this law would "favor labor unions over everybody else."

Interestingly enough, it seems that the bill may have been slipped through the Senate without being read, because the Senate has taken the unusual step of recalling the bill.  (Concurrent resolution 33, April 17, 2013).  The recall measure passed by 21-10, but came too late to stop the House from taking up the bill.  SB 346 is currently listed as being in the House State Affairs Committee, and the House GOP still has an opportunity to amend.

In no way should any Republican be passing any law that exempts labor unions.  While there are other serious concerns about unintended consequences, political transparency is a good thing.  What is not good is giving labor unions special status.

Call your representative today and ask them to oppose SB 346 as written.
Who Represents Me? 

UPDATE:  My original wording left some readers confused about the current status of the bill.  I have revised to make it clear that the bill is technically in the House State Affairs Committee.

Related Posts
No Labor Unions in Texas?  Think Again...



Saturday, March 16, 2013

Support Transparency for Texas Taxpayers


According to the Texas Comptroller of Public Accounts, over the last decade local governments have more than doubled their debt load.  Local debt is now more than $7,500 for every man, woman, and child in the state of Texas.  Apologists for local government borrow & spend policies like to point out that much of this debt is 'voter approved,' neglecting to mention voter turnout in bond elections rarely exceeds 10%.  A larger problem is that taxpayers are asked to approve billions in debt without sufficient context; most voter have no idea of the current debt load or the annual service payments.

State legislators have introduced a number of bills designed to remedy these issues, including House Bill 14 and companion Senate Bill 14.  Called "Transparency for Texas Taxpayers," the proposal would:
  • Require cities, counties, school districts, community college districts, universities and special districts that levy taxes or issue debt to provide more financial transparency to the public. Special districts include water districts, transit authorities, hospital districts, etc.
  • Ensure voters will be more informed when they vote on new debt and limits the ability of governments to issue debt without voter approval.
  • Ensure that special-purpose taxing entities demonstrate they serve the purposes for which they were created. 
More specifically:
  • Put spending and debt information online: Under HB/SB 14, cities, counties, school districts, community college districts, universities and special districts must post revenue and expenditure information online annually to include details on long-term debt obligations.
  • Gives more detail on the ballot for debt decisions: Voters are often not made fully aware of how new proposed debt fits into the total debt carried by their local government. HB/SB 14 requires ballots for new debt to include, at a minimum:  
    • Amount of proposed debt;
    • Principal outstanding on current taxable debt (before proposed bond issuance);
    • Estimated remaining interest on existing debt; and
    • Estimated total debt service on existing debt.

  • Limits debt issued without taxpayer approval: in Texas, local governments can issue debt without voter approval through Certificates of Obligation (CO’s). CO’s are now 16.6 percent of all debt issued by eligible entities.
    • HB/SB 14 would prevent governments from issuing a CO to pay for a purpose voters have already rejected, and make it easier for voters to require a vote on a CO through a petition.
    • Also limits local governments’ ability to issue CO’s without notice.

  • Ensures a review of special purpose taxing districts: the bill requires special districts to conduct and publish a self-evaluation that demonstrates to local taxpayers that it is accomplishing the purpose for which it was created. 
  • Requires school facility inventories to inform taxpayer decisions on new debt: Because most education debt is for school construction, HB/SB 14 would require school districts and charter schools to post online inventories of their existing facilities, and report the cost of facilities being built or renovated, to better inform voters when deciding on new debt.

In case you are unfamiliar with Certificates of Obligation, read here.  

Both House and Senate Finance Subcommittees will be meeting on Monday, March 18 at 9:00 A.M.  If you support these measures, I urge you to attend to support Transparency for Texas Taxpayers.  Attendees do not need to testify, but merely filling out a card in support will help demonstrate taxpayer support.

The House Subcommittee on Budget Transparency and Reform meeting will be in E1.030
The Senate Subcommittee on Fiscal Matters meeting will be in E1.036.

Hope to see you there...