MOMS

Robert Nichols

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 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 places certain limitations on the ability of cities to limit the height of buildings. The bill applies to highly populated cities such as Houston, San Antonio, Dallas, Austin and Forth Worth and only in cases where buildings are at least 50 feet from a lot line. Support is Moms for America's position as this bill strengthens property rights and helps empower the free market to make housing truly "affordable" by combatting overreaching zoning regulations which significantly drive-up housing costs.

Strengthening Property Rights by Limiting Certain Overreaching Building Height Restrictions Imposed in Densely Populated Areas.

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.

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 allows the state's attorney general to prosecute certain crimes, including election, bribery, abuse of office, human trafficking, and abortion-related offenses, if a local prosecutor refuses to prosecute the case. Under the bill, when law enforcement agencies report probable cause to a local prosecutor for these offenses, they must also provide the information to the attorney general, who may prosecute the case if the local prosecutor does not prosecute the case within six months. The bill is largely in response to localities across the nations whose prosecutors (typically receiving financial support from George Soros) refuse to enforce or prosecute certain categories of crime. 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 Permitting the State Attorney General to Prosecute Certain Crimes if Local Prosecutors Refuse.

This bill provides rideshare companies (such as Uber and Lyft) with legal immunity from any harm or injury caused by a driver, provided the company has followed all applicable laws, unless a person can show gross negligence by "clear and convincing evidence." Support is Moms for America's position as protecting business operators from frivolous litigation due to factors outside of their control is critical to ensuring their operation and maintaining low consumer costs.

Reducing Frivolous Litigation by Providing Liability Protections to Rideshare Companies.

This bill establishes a series of new regulations which prohibit all insurance companies operating in the state from establishing their own policies concerning Environmental, Social and Governance (ESG). The new mandate and price control apply to both the coverage decisions of insurers as well as their rate setting practices. Oppose is Moms for America's position as this government intrusion into the marketplace infringes the right of private insurance companies to set their own policies and coverage decisions. Instead of weaponizing government, lawmakers should instead work to reduce regulations and expand competition so the free marketplace can better reward and punish insurers based on the policies they enact.

Imposing Overreaching New Regulations on the Insurance Industry by Banning Private Companies from Setting their own Policies Surrounding ESG.

This bill requires the results of early in-person voting to be printed immediately upon the closure of polls on election day. While this action is already required under previous law for in-person voting on election day, the bill is designed to provide clarity that the law also applies to the early voting results as well. 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 Requiring the Result of Early In-Person Voting to be Printed Immediately Upon the Closure of Polls on Election Day.

This bill, the Alan Vera Memorial Act, contains several provisions related to election integrity. The bill expands the required cooperation of the Secretary of State with other states to identify ineligible voters. Additionally, the bill requires the Secretary to contract with a private sector data system to identify voters whose addresses have changed, are registered to vote in more than one state, are deceased, or who are not eligible to vote due to a felony conviction. Finally, the Secretary is required to use the National Change of Address database to identify voters whose addresses have changed to prevent multiple registrations. 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 through an Additional Voter Crosscheck.

This bill, the Texas Jobs, Energy, Technology, and Innovation Act, provides select businesses which meet certain investment thresholds and job requirements with property tax exemptions. Under the bill, businesses will receive tax exemptions ranging between 50% and 75% for a period of 10 years, and a 100% tax exemption during the construction phase. 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. This and other tax cronyism schemes merely dilute the tax base which results in higher taxes on all other individuals and products to make up for the lost revenue. The free market (by lowering taxes for all businesses) can provide much greater returns on investment than this central planning by politicians.

Expanding Cronyism and Enriching Government-Favored Corporations through a New Property Tax Exemption Scheme.

This bill, the Medical Freedom Act, expands on the state's Right to Try Act passed in 2015, which applied to individuals with terminal illnesses. Under this bill individuals with a severe chronic disease are also given the "right to try" an investigational drug, biological product, or device that has completed phase one of a clinical trial but is not yet approved by the FDA, if certain conditions are met. The bill also provides protections for doctors and manufacturers by providing legal immunity from any harm or injury that results from using the investigational product and ensures doctors can recommend such products without facing any disciplinary actions from the state's professional licensing board. Support is Moms for America's position as this measure strengthens individual liberties and medical freedom by ensuring patients and their doctors - not government bureaucrats - are the ones making decisions over treatment and healthcare.

Strengthening Individual Liberties and Medical Freedom by Providing the "Right to Try" Experimental Drugs to treat Severe Chronic Diseases.

This bill creates the Texas Hydrogen Infrastructure, Vehicle, and Equipment Grant Program within the Texas Emissions Reduction Plan. The bill allocates up to $8 million for the Hydrogen program while also making a few other funding reallocations within the bill. Oppose is Moms for America's position as while the bill does make some reallocations to offset some of the spending for the new program, the bill still creates yet another avenue for new spending and government interference in the marketplace. The free market - not government central planning - is the best mechanism to advance energy development. The state should instead eliminate the entire grant fund as well as take additional actions 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.

Expanding Cronyism and Government Interference in the Energy Sector through a New Hydrogen Vehicle and Infrastructure Grant Program.

This bill allows localities to implement a property tax credit equal to at least 50% of the value of property used for childcare services. Only facilities in which at least 20% of the children receive subsidized childcare services are eligible. Additionally, if the property owner leases the property to a childcare facility, the rent charged must be reduced to reflect the tax credit received. Oppose is Moms for America's position as this bill further dilutes the tax bases resulting in higher property tax burdens on other property owners to make up for the lost revenue. Instead of attempting to socialize childcare costs, lawmakers should instead empower the free market to make childcare more affordable and accessible by reducing regulations and other anti-competitive measures.

Hiking Property Taxes through a New Tax Exemption Scheme which Socializes Childcare Facility Costs.

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.

This bill requires that for any ballot proposition that would increase or impose a new tax, the ballot must include the language "THIS IS A TAX INCREASE" in all capital letters. Support is Moms for America's position as this measure helps protect taxpayers by ensuring tax increases are fully disclosed and apparent on ballots. Any tax increases should be approved by voters and only a measure of absolute last resort.

Protecting Taxpayers by Requiring Clear Notification of Tax Increases on Ballot Propositions.

This bill prohibits discussion of sexual orientation and gender identity in K-12 classrooms. The bill also requires school districts to adopt a policy related to school employees communicating with students outside of a human sexuality course and that directs employees to refer students to discuss such topics with a parent, counselor, or the student's teacher. Support is Moms for America's position as strong parental rights in their child's education is a critical element of a free society. This measure prevents discussion of sensitive topics in which it is the role of parents to address with their child, not government employees.

Strengthening Integrity of the Education System by Prohibiting Discussion of Sensitive Issues Surrounding Sexual Orientation and Gender Identity in K-12 Classrooms.

This bill is designed to curb illegal immigration by allowing the Governor to establish an interstate compact for border security with any interested states for the purpose of sharing intelligence and resources to build a physical wall along the U.S.-Mexico border. Support is Moms for America's position as the promotion of an open-border immigration system places an immense strain on U.S. infrastructure and taxpayer resources, ranging from welfare to the education system, while also creating serious national security and human trafficking issues. Lawmakers should focus on growing the U.S. economy through reforms to the immigration system that both increase the number of skilled individuals who may enter and work in our country and reduce human trafficking across our borders.

Strengthening National Security by Creating an Interstate Compact for Border Security to Help Combat Illegal Immigration and Human Trafficking.

This bill amends existing law to make additional local entities eligible to receive sales and use tax revenue to subsidize hotels and convention centers. Specifically, the bill expands eligibility to non-profit corporations acting on behalf of a municipality. 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. This and other government central planning and tax cronyism schemes merely dilute the tax base which results in higher taxes on all other individuals and products to make up for the lost revenue.

Worsening Cronyism by Expanding Local Subsidies for Hotel and Convention Centers.

This bill prohibits estheticians and cosmetologists from administering injections such as Botox, which they are currently permitted to do under a physician's authority. Oppose is Moms for America's position as this government overreach restricts competition and the availability of services such as Botox, which ultimately drives up consumer costs.

Restricting Competition by Prohibiting Estheticians and Cosmetologists from Injecting Botox.

This bill generally raises the bar to prosecute organized retail theft by now requiring a person to steal at least $100 of merchandise and be found to have "intent for the redistribution of that merchandise into the supply chain" to be guilty. Oppose is Moms for America's position as ensuring public safety and protecting property rights serve as essential components of government. Unfortunately, this bill represents one of 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.

Fueling Lawlessness and Business Closures by Making it Harder to Prosecute and Punish Cases of Organized Retail Theft.

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 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.

This bill amends the public information request system by allowing government agencies to withhold information that it makes a good faith determination is exempt from public disclosure. This is intended to reduce the amount of attorney general decisions requested and reduce the response time for information requests, with appeals of decisions to withhold information permitted. The bill also allows the attorney general to fine any governmental entity $1,000 for submitting a bad faith request for an opinion, and an additional $500 each day until the requested information is provided to the requestor. Support is Moms for America's position as this bill helps strengthen government transparency and accountability by increasing efficiency.

Strengthening Government Accountability and Transparency by Reforming the Public Information Request System to Quicken Response Times and Reduce Bad Faith Requests.

This bill provides that businesses with revenue up to $2.47 million are not required to pay any franchise tax (previously $1 million). Additionally, those businesses are no longer required to file a tax information report. Support is Moms for America's position as this bill provides broad tax and regulatory relief for small and medium size businesses by increasing the franchise tax exemption and eliminating the burdensome reporting requirement.

Expanding Economic Growth by Increasing the Franchisee Tax Exemption from $1 Million to $2.47 Million.

This bill amends the licensing requirements for Heating, Ventilation, and Air Conditioning (HVAC) technicians by establishing an alternative pathway to become licensed. The bill recognizes completion of a career and technology education program at a public school or institution of higher education as satisfying the certification training program requirements for licensure. The bill also provides for a waiver of any renewal fee and reduction in the number of required continuing education hours for technicians who provide instruction in a career and technology education program. 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 HVAC Technicians.

This bill allows individuals who are not alcohol permit or license holders to sell wine to restaurants, provided the wine is at least 20 years old and still sealed. The restaurant may then sell the wine for on-premises consumption. Support is Moms for America's position as this bill expands consumer choice and individual liberties while also removing an unnecessary restriction on alcohol sales.

Expanding Individual Liberties by Allowing Individuals to Sell Sealed 20+ Year Old Wine to Restaurants.

This bill prohibits home-rule municipalities from submitting any climate change charter to voters for approval unless the charter has been approved by the state legislature. This includes any rule or policy statement related to climate change or environmental impact. Support is Moms for America's position as a number of state and local governments across the country have imposed "clean energy" mandates on utility companies which unnecessarily drive-up consumer costs in order to advance a politized environmental agenda. 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 Texans from Politicized Climate Change Agendas by Requiring Municipal Charters on Climate Change be Adopted by the Legislature.

This bill imposes a series of new regulations on automobile dealerships pertaining to vehicle financing. For example, the bill imposes price controls which prevent a dealership from charging a customer a higher sales price if a buyer utilizes a third-party lender or offers cash. The bill is primarily directed at dealerships which offer discounts or condition vehicle sales on financing through preferred lenders. Oppose is Moms for America's position as this government intrusion into the private sector infringes the freedom of dealerships to set their own sales policies. Ultimately, these price controls drive up consumer costs by limiting the ability of dealerships to offer discounts and incentives. Texas joins only Massachusetts (arguably the most liberal legislature in the nation) in introducing these new government mandates.

Imposing Price Controls and New Government Mandates on Automobile Dealerships Pertaining to Vehicle Financing.

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.

Protecting Minors from Sexual Content by Ensuring Adult Entertainment is Not Performed on Public Property and that Minor Access is Restricted.

This bill imposes a series of new insurance mandates requiring automobile insurance policies offered in the state provide coverage for original equipment manufacturer (OEM) parts as opposed to less costly aftermarket parts. The bill applies to all policies covering vehicles 36 months old or newer. Additionally, the bill forbids policies from restricting the repair facility or persons performing repairs. Oppose is Moms for America's position as like Obamacare and mandates on health insurance, this measure infringes the right for consumers to select less costly insurance offerings. This bill is largely designed to enrich vehicle repair facilities at the expense of higher insurance premiums for owners of newer vehicles.

Hiking Automobile Insurance Premiums by Imposing New Mandates which Require Usage of OEM Parts for Vehicle Repairs.

This bill earmarks $1.54 billion in state funds to continue construction of barriers along the Mexico border. Additionally, the bill provides $40 million for State Troopers to patrol Colony Ridge which has high levels of illegal immigrants. Support is Moms for America's position as ensuring public safety and national defense is arguably the most important role of government. Failure to secure our nation's border not only has catastrophic implications on the ability to maintain law and order, but also creates countless other issues ranging from welfare to the education system.

Restoring Law and Order by Earmarking $1.54 Billion in State Funds to Construct Barriers Securing the Mexico Border.

This bill establishes a new regulatory framework for electric vehicle chargers under the Texas Department of Licensing and Regulation. Under the bill, most electric vehicle chargers made available to the public for a fee must be registered with the state and are subject to inspections, fee disclosures, and maintenance standards. Additionally, the Texas Commission of Licensing and Regulation is empowered to establish rules and impose fees to cover administrative costs. Oppose is Moms for America's position as this bill further grows government power and the regulatory state. This measure will increase costs to electric vehicle owners as the fees charged by the commission will be passed along in the form of higher rates and surcharges.

Growing Government to Now License and Regulate Electric Vehicle Charging Devices.

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 contains several provisions related to the release of individuals charged with felonies. Most significantly, the bill prohibits the release of a defendant on their own recognizance (no bond required) if they are charged with certain offenses, such as manufacture or delivery of fentanyl, terroristic threats, or unlawful possession of a firearm. Additionally, a magistrate may not release a defendant charged with a felony unless the defendant appears before the magistrate and the magistrate has considered the public safety report, which includes the defendant's criminal history. The bill also allows prosecutors to appeal a bail amount as being insufficient if a defendant is charged with a felony and is already out on bail for another pending felony. Support is Moms for America's position as ensuring public safety and protecting property rights 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 radical-left billionaires through their funding of advocacy organizations on both sides of the political aisle.