MOMS

Dade Phelan

This bill requires all individuals who provide ridesharing services (through companies such as Uber and Lyft) to undergo annual training on human trafficking awareness and prevention. The training materials provided by rideshare companies must meet a long list of requirements and be approved by the Attorney General. Oppose is Moms for America's position as while human trafficking is certainly a tragedy which society should work to combat, the solution is not the further expansion of the government regulatory state and imposition of new mandates and costs onto the private sector. A much more laudable approach is for the private sector and companies within to invest and establish their own individual procedures to solve societal problems as opposed to the imposition of one-size-fits all government mandates.

Expanding Government Overreach through New Annual Mandates on Ridesharing Drivers Pertaining to Human Trafficking Training.

This bill primarily targets a business model within the optometry industry which has been deployed by Visionworks of America, which is owned by an insurance company called Vision Services Plan (VSP) Insurance Co. The bill prevents VSP from incentivizing its enrollees to utilize the optometry company it owns (Visionworks) through the offering of discounts or other value-added benefits. Other optometry companies have alleged that since VSP owns its own optometry company and can "steer patients" it is provided an unfair competitive advantage in the industry. Oppose is Moms for America's position as this measure represents one of the worst examples of cronyism and utilization of government power to stifle competition. This protectionism merely enriches select businesses and prevents the free market from expanding competition and lowering costs for consumers.

Expanding Government Power to Shutdown Competition within the Optometry Industry.

This bill, the Save Women's Sports Act, requires public colleges and universities to allow males and females to only compete on the team of their biological sex based on reproductive biology and genetic make-up. However, females are allowed to compete in a male sport if their school does not offer a female team in that sport. Support is Moms for America's position as this measure protects the competitiveness of women's sports by ensuring females are not forced to compete against biological men. This requirement represents one of many restrictions (including height, weight, and age requirements) to ensure fair competition.

Ensuring Fair Competition in Collegiate Athletics by Prohibiting Biological Males from Competing in Female Competitions.

This bill prohibits local governments from enacting any ordinances which bans or restricts the sale or use of an engine based on the type of fuel used. Additionally, the bill prevents localities from banning any energy source infrastructure (such as gas stations). Support is Moms for America's position as this bill helps protect individual liberties as well as automotive freedom. While some may argue this bill undermines "local control", our founding fathers only recognized three entities within the U.S. Constitution - federal government, state government, and the individual. It is not the role for any level of government to unduly infringe the rights of individuals, therefore making preemption measures, such as this bill, necessary.

Protecting Consumer Choice by Preventing Localities from Imposing any Ordinance which Restricts or Bans Gas-Powered Engines or a Source of Energy.

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 Moms for America's position as an endless number of private sector employees have lost their positions or faced similar employment challenges. All government positions should be staffed with the most qualified applicants for the given role, not filled by individuals merely seeking work due to job loss - especially those in formerly radical politicized positions surrounding Diversity, Equity and inclusion.

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, the Restricting Explicit and Adult-Designated Educational Resources (READER) Act, prohibits school libraries from purchasing or possessing material that is harmful, sexually explicit, or "pervasively vulgar or educationally unsuitable." The bill also requires vendors to issue ratings for sexually explicit materials and schools must obtain parental consent before students may check out such materials from a school library. Support is Moms for America's position as children - especially without the knowledge of their parents - should not be exposed to obscene material at public schools.

Protecting K-12 Students from Pornographic Content by Prohibiting the Sale or Distribution of Obscene Materials to Public Schools.

This bill, the Fiscal Years 2024-2025 Operating Budget, represents a 21.3% increase over the prior budget, and the largest in state history. Some of the major new and increased spending initiatives within the bill include $1 billion for land acquisition for parks (3603.7% increase over the $27 million appropriated in the previous budget), an additional $100 million for the Texas Water Development Board Economically Distressed Areas Program, and $45.9 billion for business and economic development (25.8% increase). Oppose is Moms for America's position as the budget is chock-full of countless wasteful and unnecessary spending initiatives which directly violate limited government principles and far exceed the basic and necessary functions of government. The state must pursue every available avenue to reign in its out-of-control spending, as, when coupled with the over $185 trillion federal liabilities, represents the greatest existential threat facing this country. Democratic lawmakers who opposed the bill for not containing even greater levels of spending were recording as opposing the limited government position.

Fueling Out-of-Control Spending Through a $321.3 Billion Budget (21.3% Increase) with Countless Provisions that Further Grow the Size and Scope of Government.

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 Moms for America's position as this bill strengthens property rights by combatting overreaching local regulations. While some may argue this bill undermines "local control", our founding fathers only recognized three entities within the U.S. Constitution - federal government, state government, and the individual. It is not the role for any level of government to unduly infringe the rights of individuals, therefore making preemption measures, such as this bill, necessary.

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

This bill reforms the state's asset forfeiture laws, under which the government may seize property deemed to be contraband. Under the bill, property may not be seized if it is not otherwise illegal to possess and the aggregate value is less than $2,500. Additionally, the bill increases the evidence standard the state must meet to show that property is subject to seizure from "a preponderance of the evidence" to "clear and convincing evidence." Support is Moms for America's position as this bill strengthens property rights and civil liberties by helping combat abuse of the asset forfeiture system (i.e. "policing for profit"). Individuals who may have been wrongfully accused are forced to undergo a lengthy and expensive legal process to recover their property.

Strengthening Property Rights and Civil Liberties through Protections Against Abuse of Asset Forfeiture.

This bill requires an aspiring dietician to now obtain a master's degree, register with a national commission, complete an internship or other accepted training program, and undergo examination to work in the profession. Oppose is Moms for America's position as this bill serves as an unnecessary employment barrier primarily designed to restrict competition and enrich institutions which provide dietician education and training. Ultimately, the private sector, via certifications, rating systems, and the free market, is much better equipped to provide consumer protection while also ensuring competition and low consumer costs.

Increasing Employment Barriers and Enriching Certain Educational Institutions by Forcing Dieticians to Obtain Masters Degrees.

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 Moms for America's position as this bill will help improve the state's legal and business climate by making the legal process more efficient, reducing legal expenses for businesses, and also cut the caseload on other courts.

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

This bill increases penalties on individuals who knowingly engage in vote fraud, such as voting more than once in an election or impersonates another person when submitting a ballot. Under the bill, the penalty is increased from a Class A misdemeanor to a Felony of the Second Degree, which can carry a 2 to 20 year prison sentence. Support is Moms for America's position as maintaining strong safeguards against voter fraud are critical aspects of ensuring free and fair elections, an essential component of democracy under our nation's constitutional republic.

Strengthening Election Integrity by Increasing the Penalty for Knowingly Engaging in Voting Fraud.

The Zwiener amendment #14 to a bill prohibiting Diversity, Equity, and Inclusion offices at public colleges and universities. The amendment adds language requiring each public college and university to be committed to an environment of "racial, ethnic, and religious diversity that reflects the racial, ethnic, and religious diversity of the state of Texas." Oppose is Moms for America's position as it is a role for taxpayers to fund K-12 education - not advanced degrees for select individuals who decide to pursue higher education. However, if taxpayer funds are provided to state institutions of higher education, their usage should be based on merit, not racial or religious discrimination.

Advancing Affirmative Action by Mandating College Campuses Represent the Racial, Ethnic, and Religious Diversity of Texas.

This bill authorizes Angelina County to impose a new hotel tax, with the revenue to be used to promote tourism, conventions, and hotels. Oppose is Moms for America's position as all state and local tax codes should be constructed in a broadly applied manner with as low of rates as possible for everyone. Additionally, it is not the proper role of government to fund tourism promotion and taxpayer funds should not be utilized to advance government-favored industries.

Increasing Taxation and the Growth of Government by Allowing Angelina County to Impose New Taxes on Hotels for Wasteful Tourism Promotion Initiatives.

This bill amends the existing state law which prohibits firearms on school grounds or buildings when a school-sponsored activity is taking place. Under this bill, the "gun free zone" only applies to the actual premises owned by a school (not off-campus locations). Support is Moms for America's position as "gun free zones" do not protect communities, rather they place individuals in defenseless positions against criminals who do not abide by the law. While the restriction should be eliminated entirely, this measure serves as a step in the right direction.

Strengthening Self-Defense and Second Amendment Rights by Limiting School "Gun-Free Zones" to Only School-Owned Property.

This bill permits the Arlington Independent School District to allow the sale and consumption of alcohol at the Center for Visual and Performing Arts facility. Support is Moms for America's position as this bill expands consumer choice and individual liberties while also generating additional sales tax revenue for taxpayers.

Expanding Individual Liberties and Tax Revenue by Allowing the Sale and Consumption of Alcohol at a Fine Arts Performing Venue in Arlington.

This bill prohibits local governments across the state from imposing any ordinances which directly regulate greenhouse gas emissions, with the state given exclusive regulatory authority. As a result, the bill would preempt local regulations that restrict greenhouse gas emissions. Support is Moms for America's position as this bill protects economic growth by ensuring regulatory certainty and combatting local government overreach. While some may argue this bill undermines "local control", our founding fathers only recognized three entities within the U.S. Constitution - federal government, state government, and the individual. It is not the role for any level of government to unduly infringe the rights of individuals, therefore making preemption measures, such as this bill, necessary.

Protecting Against Local Government Overreach by Ensuring Only the State Can Regulate Greenhouse Gas Emissions.

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 Moms for America's position as this bill serves as a new tool by plaintiffs' attorneys to subject business owners and housing providers to frivolous litigation. Such actions merely drive-up costs for consumers and can be particularly devastating for small businesses and landlords.

Increasing Frivolous Litigation and Legal Liabilities by Making "Hair Texture and Style" a Protected Characteristic in Employment and Housing.

This bill allows professional sports team charitable foundations to sell raffle tickets at their home venue or rodeo venue through a website or mobile application, provided the person is physically located at the venue. The bill also requires the use of a third-party vendor to ensure nobody under 18 purchases tickets. Support is Moms for America's position as this measure strengthens individual liberties and helps expand charitable giving. While the bill should expand the raffle ticket offerings to individuals beyond just the physical location, the bill still serves as a strong step in the right direction.

Strengthening Individual Liberties and Charitable Giving by Authorizing Professional Sports Team Charitable Foundations to Offer Raffle Tickets Online.

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 Moms for America's position as this bill places even greater tax burdens on property owners and further grows government. Instead of gaming property tax calculations, lawmakers should work to make housing more affordable by lowering property taxes and cutting the out-of-control spending at all levels of government.

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

This bill creates the "Texas Grocery Access Investment Fund" "to construct, rehabilitate, or expand grocery stores in underserved low-income and moderate-income areas." The bill requires at least 25% of funds be in the form of grants or forgivable loans, and recipients may use funds to acquire property, construct grocery stores, and for other purposes. Oppose is Moms for America's position as the free market - not central planning by government bureaucrats - is the best mechanism to determine the need and distribution of grocery stores across the state. Additionally, taxpayers in one part of the state should not be forced to subsidize amenities such as grocery stores for individuals in other regions of the state.

Growing Government Central Planning and Runaway Spending by Forcing Taxpayers to Subsidize Grocery Stores in "Food Deserts".

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 Moms for America's position as a "wealth tax" represents one of the most destructive forms of taxation which discourages investment and would result in most high-net-worth individuals fleeing the state - devastating economic growth.

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

This motion tables (defeats) the Tinderholt amendment #1 to a property tax relief bill. The Tinderholt amendment would provide $20 billion in property tax relief through a reduction applied equally across all school districts. Oppose is Moms for America's position as this this motion denies Texans a significant broadly applied property tax cut which would make housing more affordable and help spur economic growth.

Denying Texans Significant Property Tax Relief by Blocking a $20 Billion Tax Cut.

This bill creates both the "Texas Space Commission" and the Aerospace Research and Space Economy Consortium to promote innovation in the space, aeronautics, and aviation industry. The new entities are expected to require the hiring of at least 10 additional state employees at an estimated cost of $3.4 million over the next two years. Oppose is Moms for America's position as the federal government (National Aeronautics and Space Administration already spends tens of billions of dollars advancing innovation in this field. This new entity is not only unnecessary but will likely enrich select government-favored entities and further distort the private sector and free marketplace. The state must pursue every available avenue to reign in its out-of-control spending, which, when coupled with the over $185 trillion federal liabilities, represents the greatest existential threat facing this country.

Growing Government Bureaucracy and Wasteful Spending through the Creation of the Texas Space Commission and the Aerospace Research and Space Economy Consortium.

The Harrison and Leo-Wilson amendment #1 to a public school funding bill. This amendment provides that a school district is only eligible to receive the basic allotment funding if more than 50% of the district's maintenance and operations expenditures the previous school year were spent on salaries and benefits for full-time teachers. Support is Moms for America's position as this amendment is designed to ensure school districts are using taxpayer funds to provide the best education possible for students, rather than wasting funds on administrative and other unnecessary expenses.

Protecting Taxpayers and Promoting Student Success by Ensuring School Funding is Directed to Teachers Instead of Wasteful Administration.

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 Moms for America's position as promoting tourism is not a core nor necessary function of government. The free-market and private industry - not central planning by government bureaucrats - is many times more effective in attracting visitors to the state and growing the economy.

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

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 Moms for America's position as while well intentioned, the private sector (such as non-profit entities) is much more effective in educating the public and food establishments about the dangers of food allergens and providing the necessary materials and awareness. The government regulatory and nanny state should not be continually expanded to perform an endless list of duties such as this measure.

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

This bill expands the list of medical conditions for which a physician may prescribe low-THC cannabis (medical marijuana). Under the bill, physicians who would otherwise prescribe a patient an opioid could now prescribe cannabis. The bill also increases the maximum dosage that may be prescribed by replacing the 1% THC cap with a 10-milligram cap. Texas' medical marijuana program is currently among the strictest in the nation. Support is Moms for America's position as this bill strengthens medical freedom by ensuring physicians - not politicians - are able to determine and provide the most effective treatment for their patients. The bill also helps combat the addiction crisis currently plaguing our nation.

Strengthening Medical Freedom and Reducing Addiction by Permitting Physicians to Prescribe Low-THC Cannabis in Cases where Opioids would Otherwise be Prescribed.

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 Moms for America's position as any excessive monies within the state's rainy-day fund should be returned to taxpayers through tax cuts, not woke universities. While it is a necessary role for government to provide quality K-12 education - ideally through school choice - college and university-level education should be funded through user fees (i.e. tuition) by those who wish to pursue their selected career path. These enormous costs should not be imposed on individuals who elect to pursue activities other than higher education, such as those who start their own businesses or work in the trades.

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

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 Moms for America's position as many of the zoning and land use ordinances enacted across the state are overreaching and oftentimes designed to benefit select property owners or restrict competition. Similar to cases of eminent domain, any business forced to shut down for public good reasons should be provided with just compensation.

Strengthening Property Rights by Protecting Businesses from Local Zoning Changes.

This bill increases the penalty for tampering with a retail gas pump to steal fuel by making it a felony of the third degree. The bill is largely in response to organized criminal groups which have figured out how to disrupt fuel dispenser pulsers and as a result gain unlimited access to fuel. Support is Moms for America's position as protecting property rights and ensuring public safety serve as essential components of government. Unfortunately, this bill is especially necessary due to many so-called criminal justice "reforms" which have led to skyrocketing crime rates and are being advanced in state legislatures by George Soros and other radical-left billionaires through their funding of advocacy organizations on both sides of the political aisle.

Strengthening Law and Order by Increasing Penalties for Tampering with a Gas Pump to Steal Fuel.

This bill allows officials within the State Energy Conservation Office (SECO) to impose additional energy efficiency and water conservation regulations on individuals constructing new homes or commercial buildings. Most notably, the bill would permit adoption of the 2021 International Energy Conservation Code (IECC) which contains much more stringent efficiency standards, as well as even further stringent standards in the future without legislative approval. Oppose is Moms for America's position as this bill empowers unaccountable bureaucrats to impose draconian new regulations which will cause housing and construction costs to further skyrocket. Property owners should have the freedom to decide the level of energy efficiency they wish to construct their homes to meet.

Infringing Property Rights and Consumer Choice by Allowing State Bureaucrats to Impose Additional Energy Efficiency and Water Conservation Mandates on New Buildings.

This bill creates the "Texas Semiconductor Innovation Consortium," to, among other purposes, "develop a comprehensive strategic plan to ensure ongoing semiconductor innovation" and expand workforce training. The bill also creates the Texas Semiconductor Innovation Fund to provide grants to state government entities and semiconductor manufacturing and design companies in the state "to encourage economic development." Oppose is Moms for America's position as not only does this measure further grow the size of government and central planning, but also worsens corporate welfare and cronyism by providing competitive advantages to select industries and businesses at the expense of taxpayers. Additionally, this bill is on top of other federal spending programs for the industry, such as the CHIPS and Science Act which provided $52.7 billion for "semiconductor research, development, manufacturing, and workforce development."

Worsening Cronyism and Government Central Planning by Creating the Texas Semiconductor Innovation Consortium to Enrich Certain Companies.

This bill creates an additional alternative pathway for electricians to obtain an occupational license. Under the bill, an aspiring electrician may complete a career and technology education program as opposed to the 4,000 hours of training otherwise required. These programs can be offered by public or private schools and colleges and universities. Support is Moms for America's position as this bill serves as a step in the right direction to reducing unnecessary employment barriers. Ultimately, the private sector, via certifications, rating systems, and the free market, is much better equipped to provide consumer protection while also ensuring competition and low consumer costs. Most government licensing entities are overly restrictive and are largely advocated by special interests seeking to restrict competition in the marketplace.

Reducing Employment Barriers and Expanding Competition through an Alternative Licensing Pathway for Electricians.

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 Moms for America's position as minors should not be exposed to performances featuring sexual or adult-oriented content, and any such exhibitions should not be performed on public property.