Tag Archives: Constitution

That’s hitting them where they live

Posted on February 13, 2012 by Charles Kuffner

Clever. Railroad Commission Chairman Elizabeth Ames Jones vacated her office when she moved from Austin to run for the state Senate, and she should not be continuing to collect her monthly salary, a lawsuit filed [last week] alleges. In the … Continue reading →

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Supreme Court upholds margins tax

Posted on November 30, 2011 by Charles Kuffner

The days of the much-unloved business margins tax may be numbered, but it won’t be the Supreme Court that is responsible for its demise. The Texas Supreme Court turned back a challenge to the state’s primary business tax, saying it … Continue reading →

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Overview of the Constitutional amendments

Posted on November 2, 2011 by Charles Kuffner

The Chron gives an overview of the Constitutional amendments on this year’s ballot. College students, veterans’ widows and land owners who conserve water could be among the beneficiaries if voters approve 10 proposed amendments to the Texas Constitution on Nov. … Continue reading →

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The Constitutional amendments

Posted on October 11, 2011 by Charles Kuffner

In addition to all of the local races that will be on your ballot next month, there are ten Constitutional amendments up for ratification. Unlike some previous years, and somewhat surprisingly given the divisive and ideological nature of the session, … Continue reading →

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Lawsuit filed against business margins tax

Posted on August 10, 2011 by Charles Kuffner

Allstate Claims Service, L.P., which is based in Boerne, has filed a lawsuit alleging that the business margins tax is an illegally-passed income tax in Texas. Oh, boy. Nikki Laing, a CPA and third-year Baylor law student, studied the structure … Continue reading →

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Constitutional amendments for 2011

Posted on July 17, 2011 by Charles Kuffner

There will be ten constitutional amendments on the ballot this November. I may revise this opinion later, but my initial impression is that none of them are particularly controversial or momentous. No cancer bonds, no tort “reform”, no gambling – … Continue reading →

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Supreme Court rehears Open Beaches case

Posted on April 22, 2011 by Charles Kuffner

Not sure it’ll be any different this time around, but at least there’s a chance. The Texas Supreme Court appeared closely divided Tuesday during a second round of arguments in a turf battle over who controls the beach after a … Continue reading →

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Costello opposes exempting the churches

Posted on March 31, 2011 by Charles Kuffner

From the inbox: Houston City Council Member Stephen Costello asks the Mayor and Council to exempt only state-mandated property from the drainage fee. Costello, the At Large Position 1 Council Member, offered an amendment Wednesday to the Municipal Drainage Utility … Continue reading →

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From the “Things that are not considered legislative emergencies” department

Posted on March 30, 2011 by Charles Kuffner

That list would include removing Texas’ unconstitutional anti-sodomy law from the books. Although Texas’ so-called sodomy law cannot be enforced legally, civil rights advocates say it should be removed from the books because it creates a climate favorable to bullying, … Continue reading →

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Time for a corporate income tax?

Posted on March 20, 2011 by Charles Kuffner

Maybe, but don’t hold your breath waiting for it to happen. Senate Finance Chairman Steve Ogden, R-Bryan, said legislators should consider a constitutional amendment that would clarify that an income tax could be assessed on corporations but not individuals. The … Continue reading →

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Supreme Court will review Open Beaches ruling

Posted on March 17, 2011 by Charles Kuffner

This is encouraging. Faced with a tidal wave of legal protests, the Texas Supreme Court Friday agreed to reconsider a California woman’s lawsuit that ended in a controversial ruling last November that left public access to some beaches in question. … Continue reading →

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Is it time for a statewide property tax?

Posted on February 21, 2011 by Charles Kuffner

Maybe. State Sen. Robert Duncan, R-Lubbock, on Tuesday breathed some new life into a proposal to enact a statewide school property tax to address Texas’ persistent education funding woes. “We’ve never made a change in the school finance system without … Continue reading →

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Amicus briefs filed in Galveston beach case

Posted on December 31, 2010 by Charles Kuffner

Good for you, Vince Ryan. Harris County today joined other public agencies and activists in urging the Texas Supreme Court to reconsider a recent opinion that critics contend blocks public access to most beaches on Galveston island. County Attorney Vince … Continue reading →

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All eyes on the Senate

Posted on December 23, 2010 by Charles Kuffner

I have three things to say about this: Republicans hold a 19-12 majority in the Senate, but 21 senators need to agree to bring the bill to a vote, so Democrats have two members who can make a stand on … Continue reading →

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Patterson on the Open Beaches ruling

Posted on December 23, 2010 by Charles Kuffner

I must say, I enjoyed Land Commissioner Jerry Patterson’s op-ed on the recent Open Beaches ruling by the State Supreme Court. The man can bring the snark, I’ll give him that. Two points of interest besides that: Texans, you see, … Continue reading →

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State Supreme Court asked to reconsider open beaches verdict

Posted on December 17, 2010 by Charles Kuffner

Good luck with that. Galveston has joined key state agencies in pleading with the court to reconsider a ruling that favors private property rights over public access to Texas shores. “I think the Supreme Court really needs to understand the … Continue reading →

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Is this the end for truly open beaches?

Posted on November 14, 2010 by Charles Kuffner

From last week: The Texas Supreme Court ruled Friday the state cannot take private property for a public beach when a storm moves the vegetation line landward — a decision that may lead to restricted access along the coast. Texas … Continue reading →

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Where in the Constitution is that?

Posted on August 18, 2010 by Charles Kuffner

I’m reading this story about the just-passed federal legislation that would provide some $850 million in extra funds for public school districts in Texas to help prevent layoffs and whatnot, conditional on Texas agreeing to actually use the money on … Continue reading →

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What is this “warning” of which you speak?

Posted on July 26, 2010 by Charles Kuffner

I’m glad to see that someone is asking questions about the warning that the State Commission on Judicial Conduct handed down to Sharon Keller. Seana Willing, the commission’s examiner, contends in an e-mail that the order is based on a … Continue reading →

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Endorsement watch: Takings

Posted on October 13, 2009 by Charles Kuffner

The Chron endorses Prop 11, which is the constitutional amendment to limit eminent domain takings that were allowed by the Supreme Court’s 2005 Kelo ruling. [It] would prohibit “the taking, damaging, or destroying of private property” for purposes of economic … Continue reading →

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The amendments on the ballot

Posted on October 2, 2009 by Charles Kuffner

In addition to everything else, you will be voting on eleven proposed Constitutional amendments this November. State Rep. Scott Hochberg, as he has done every other year, provides a list of the amendments, some basic information about what they would … Continue reading →

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The gambling industry never sleeps

Posted on August 13, 2009 by Charles Kuffner

I confess, I hadn’t realized the Chron had a Horse Racing Notebook column, but they do and this one wants to tell you just how awesome slot machines would be at the racetracks if only we’d let them have them. … Continue reading →

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Maddow on Perry

Posted on July 26, 2009 by Charles Kuffner

I mentioned in passing that Governor Perry has decided that since his battle against the stimulus package was so effective, he needed to turn to health care reform, which he planned to oppose on 10th Amendment grounds. No, I have … Continue reading →

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More on Perry’s vetoes

Posted on June 20, 2009 by Charles Kuffner

Governor Perry’s veto of SB2468, the “revolving door” restrictions bill for Harris County, has puzzled its sponsor. In his veto message, Perry said he rejected the ethics bill, authored by Sen. Mario Gallegos, because it addressed lobbying matters and related … Continue reading →

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Omnibus gambling bill gets committee approval

Posted on May 4, 2009 by Charles Kuffner

Brandi Grissom reports. State Rep. Norma Chavez, D-El Paso, said today the House Licensing and Administrative Procedures Committee approved the omnibus gambling measure that contains language that would allow the Tigua tribe in El Paso to resume gambling at Speaking … Continue reading →

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House committee passes SB1569

Posted on April 28, 2009 by Charles Kuffner

Good. The House Business and Industry Committee wasted no time approving the Senate bill that would open the door for Texas to get $555 million in federal stimulus money to expand unemployment eligibility. SB 1569 landed in the committee yesterday … Continue reading →

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CLC gambling update

Posted on April 8, 2009 by Charles Kuffner

Today there will be committee hearings on various gambling-related bills. I am reprinting here an email sent by Suzii Paynter of the Christian Life Coalition, which is one of the leading organizations that are fighting the expansion of gambling in … Continue reading →

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House passes veto override resolution

Posted on April 1, 2009 by Charles Kuffner

I’m a little surprised that this got taken up so (relatively) quickly, but not at all surprised that it passed. The House today passed a measure that would allow Texas voters to decide whether to allow the Legislature to override … Continue reading →

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You have the right to an attorney, but it doesn’t have to be of your choosing

Posted on March 27, 2009 by Charles Kuffner

In her response to the charges pending against her before the State Commission on Judicial Conduct, Sharon Keller made the claim that the state should foot her legal bills. Rick Casey notes the problem with that claim. [We do] provide … Continue reading →

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Response from the racetracks

Posted on March 26, 2009 by Charles Kuffner

When I wrote my earlier post about how much revenue expanded gambling would generate for Texas, I said I’d be more than happy to do a similar exercise for someone on the pro-gambling side of things. Sure enough, I got … Continue reading →

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More on the AG and the LRB

Posted on March 19, 2009 by Charles Kuffner

As we know, in the aftermath of the Senate pajama party on voter ID last week, State Rep. Mark Homer touted HJR 53, which he had filed earlier in the session, which would replace the Attorney General on the Legislative … Continue reading →

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If he can’t testify, he shouldn’t redistrict

Posted on March 11, 2009 by Charles Kuffner

One of the questions that was raised during the Voter ID All-Nighter in the Senate was why Attorney General Greg Abbott took a pass, even though the Democrats wanted him to be there, since he was a leading crusader of … Continue reading →

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Expanded gambling: It isn’t just for race tracks any more

Posted on February 25, 2009 by Charles Kuffner

Here’s an update to the story about the big expanded gambling bill that was filed yesterday. Slot machines also would be allowed at the state’s existing race tracks under the proposal by Sen. Rodney Ellis, D-Houston; Sen. John Carona, R-Dallas; … Continue reading →

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The primaries matter, too

Posted on February 25, 2009 by Charles Kuffner

A whole lot of people voted for the first time last November, and a whole lot of people voted in the March primaries, too. But some number of the former were ineligible for the latter because they turned 18 between … Continue reading →

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