LEGISLATIVE ISSUES

TPA Legislative Alert, March 9, 2011
TPA Legislative Alert, January 20, 2011
Election 2010: A Sea Change in Texas
Meet the Lobbyist--Ray Allen
Lobbyist News October 2010
Lobbyist News August 2010
Lobbyist News May 2010
81st Legislature-Key Issues:Adult & Juvenile Probation
80th Legislature - Key Issues: Adult Probation
80th Legislature - Key Issues: Juvenile Probation
Texas Public Policy Foundation Reports

TPA Legislative Alert, March 9, 2011

The legislative session has been extraordinarily busy since committees were appointed with hearings related to House Appropriations and Senate Finance following immediately in the wake of the filing of SB 1 and HB 1. Leaders of both the Adult and Juvenile legislative committees gave testimony and were instrumental in working with other Juvenile and Adult Probation directors to present a united front advocating for restoration of essential funding to continue basic supervision and diversions from incarceration to lower overall criminal justice costs and maintain public safety.

Both TDCJ and TJPC strongly supported probation proposals rising from the field to restore funding cut in both of the House and Senate bills with Brad Livingston naming restoration of probation funding as the agency's number one priority. Despite the undeniable fact that the state is short at least $15 billion in the next biennium, legislators expressed a clear understanding that cuts from the front end of the system will result in greater expenditures which inevitably rise with increased dependence on incarceration. TPA's leadership was also instrumental in bringing Judges to testify specifically on that point.

Adult Legislative Chairs, Rodney Thompson and Javed Sayed testified before the House and Senate Appropriations Subcommittee and Senate Finance full committee. Aris Johnson, Bubba Martin and Melissa Weiss represented us in a similar capacity for Juvenile departments. Additional testimony and/or legislative meetings were led by Leighton Iles, Mike Wolfe, Teresa May Williams, Michael Noyes, Paul Becker, Caroline Rickaway, Rebecca Palomo, Mark Williams, Terry Easterling, Steve Henderson and Keith Barrett.

Legislative Session, Phase 2

Friday, March 11 marks the end of the session's 60th day, an important milestone for two reasons: first, after that date, the legislature can consider bills not named as "Emergency" measures by the Governor; and, second, no new bills may be introduced without suspension of the rules which requires a supermajority vote by members. Hearings will be in high gear on both policy proposals and final markup of appropriations and finance bills; and, riders will be heard and considered on both appropriations and finance bills.

Another issue of significant importance to TPA's legislative priority is consideration of using a portion of the "Rainy Day Fund." Rep. Jim Pitts filed HB 275 (reported by various media to be nearing the required number of favorable votes in the house to win passage) to meet the current session shortfall by tapping the fund for $4.3 billion while Sen. Ogden is considering $3 billion. Their proposals are opposed by Governor Perry and require that three-fifths of members (90 in the House, and 19 in the Senate) vote in favor of using the fund. Added billions might give legislators a way to restore funding in a number of high priority areas of the two competing budgets-a possible avenue to restore our adult and juvenile budget reductions.

Coming Up Soon

Rep Madden is going to lay out his TYC/TJPC merger bill HB1915 on Wednesday, March 9th in the Corrections hearing. He would like for us to testify in favor of the bill and to suggest key items we'd like to see in the bill before it goes out of the committee. His joint authors include Cook, McLendon and Bonnen (Sunset members).

Every week your legislative team will be reviewing bills which will be heard in Senate and House Committees, testifying as directed by TPA leadership; and, when it's really important, your Legislative Committee leadership has been and will continue to come to Austin to testify. But, after hearings are held, bills still have to go to the floor for a vote by the full House or Senate.

We will review bills which get reported out of committees for a vote. Some will be good, some will be bad, and some can be fixed with amendments. And...

...That's when your work assignment gets Really Important.

We need you to respond to our Legislative Action Alerts by contacting your Senators and/or State Representatives, when it's time to ask for their support, opposition or assistance with an amendment.

Alerts will come to you sporadically as the bills become "hot". A simple telephone call to the appropriate member of the legislature-YOURS-can make the difference between success or failure of bills which matter to all of us.

So, stay alert.

Finally, thanks for allowing us to be a part of your important work.

Your lobbyists at GovBizPartners.com,

Ray Allen (512) 965-8300
email: rayallen106@yahoo.com

TPA Legislative Alert, January 20, 2011

The Big Picture

The only bill the Texas Legislature is required to pass under the Texas Constitution is the state's two year budget. And, as you have heard or read in past speeches, notes, or discussions with me and the rest of your legislative team, several other issues are likely to demand legislative attention due to interest from energized voters last November. Among those "hot-button" issues are Immigration and Voter ID, DWI, Redistricting, and a host of second-tier issues revolving around transportation, public and higher education, crime and the like. But when the books are closed on this session, the over-riding story will be built around the state's budget crisis.

The Budget

All the debate and anguish over the current "budget short-fall" estimated to be between $15 billion and $27 billion prompted Senator Steve Ogden, Chair of the Senate Finance Committee, and now, President Pro-Tem of the Senate to remind legislators that it isn't a shortfall until the Legislature has voted to spend, and it turns out that the money isn't there.

However, there is a current budget shortfall of $4.3 billion: that is, the Legislature appropriated expected dollars to spend over the 2010-2011 budget years, and at present, the Comptroller now forecasts the state will be short $4.3 billion to meet that budget. Cuts to current spending ordered by the Governor, Lt. Governor and Speaker of the House will reduce that shortfall by the amounts not spent due to the spending reductions imposed last year and this budget year.

During the last budget cycle, the Comptroller certified, and the Legislature appropriated $87 billion in general revenue spending. By contrast, the next biennial revenue forecast says the Legislature will have $77.3 billion to spend, from which $866 million dollars will be sent to the "Rainy-Day Fund." By the end of the next biennium (with the added $866 million) the fund will have a total of $9.4 billion available for spending which brings the state's available dollars back up to $86.7 billion, a sum just short of that in the current budget.

But, from this point, analyzing the "short-fall" begins to get more complicated. First, there's the question of what to do about the current shortfall of $4.3 billion. Rainy Day fund it? The expected House Chair says, "Maybe"; the Senate Chair says, "Maybe"; the Governor, thus far has said, "No!" Spending money from the "Rainy Day Fund" requires a two-thirds vote which could be hard to get from Senate Democrats and hard-right Republicans in the House.

In addition, two other issues have to be taken into account. In the current budget cycle, the legislature used more than $6 billion in federal stimulus money to maintain current services, money that is no longer available. Second, the state's growing population has added to the demand for services which, if not funded in the upcoming budget with new money, will dilute the availability of services to the larger number of recipients who apply for them.

A final thought should help put the nature of our current dilemma into perspective. In the current state budget, public and higher education and health and human services spending accounted for $73 billion. The Comptroller has said we will have total revenues to spend (after the $866 million "Rainy Day Fund" dollars for this period are sequestered) of roughly $76.4 billion. If we held spending for those three categories at current levels, unadjusted for population increases, that would leave only $3.5 billion to pay for everything else in the state including highways, criminal justice, the Department of Public Safety, general government, licensing and regulation, environmental protection, unemployment, parks and wildlife, etc.

No doubt, you're getting the picture. All those same services in the current budget added up to more than $11 billion in costs without the added burden of a growing population.

2011-2012 Budget Summary

$87 billion - 2009-2010 current budget cost

Next Budget- Revenue: $76.4 billion
Pay for current shortfall: - 4.4 billion
Total for spending 2011-12: $72.0 billion

HB 1 bill as filed does not anticipate any new revenues, will balance within current revenue projections, and begins agency baselines (with some exceptions) at amounts roughly 20-22% below current funding levels.

The layout of HB 1 as filed typically provokes widespread panic. Once that panic subsides, the wheeling and dealing will begin with budget insiders saying that in the end, if appropriators are allowed to budget some, if not all of the "Rainy Day Fund", and if an improving economy stimulates revenues above the levels currently forecasted by the Comptroller, agencies may survive with less drastic cuts. The picture for both Adult and Juvenile Probation looks grim at this point based upon what I have seen today. We certainly have our work cut out for us.

In the meantime, TPA has Legislative issues other than the state's dismal budget picture.

TPA's Legislative Agenda

Juvenile Justice

The big news here is that the Sunset Commission's staff recommendation to continue the existence of TYC was reversed by the actual commission vote. The new recommendation which will form the basis for legislation: merge the functions of TYC and TJPC into a new agency focused on front-end, community-based juvenile justice programs and services. The new agency will be called the Texas Juvenile Justice Department. According to Sen. John Whitmire, the merger could save the state as much as $200 million.

From a preliminary reading, it appears that legislative leadership on the Sunset Commission intends to continue its emphasis on community-based corrections. TPA members should follow legislative developments closely as the policy discussion progresses through the legislature. Further, TPA needs to review the adopted Sunset recommendations and officially adopt a position on key elements of the proposed changes to the juvenile justice system as they appear in legislative language.

Don't hesitate to share your thoughts with the leadership of TPA or the Juvenile Legislative Committee.

Also of note is the stated intention of TJPC to streamline grant funding to eliminate the complexity and fragmenting of funding streams to local departments. While this does not guarantee increased total funding, it should lead to an emphasis on both local departments and greater flexibility in how they apply for and use available funds to meet priority needs in their local areas. It also points toward continued de-emphasis on incarceration as the primary sanction for delinquent youths.

Adult Probation

The Adult Legislative Committee began preparing for this legislative session with a clear plan to deal with a range of substantive issues revolving around funding: annualizing last session's pay raise which was under-funded; highlighting the growing impact of rising health-care costs to local departments; simplifying and reforming revenue streams to local departments to reduce the end-of-year pay-back of unspent funds which, in turn, reduces future appropriations; and maintaining full funding for basic supervision, diversion programs, treatment options and specialized funding which has led to reductions in prison commitments.

With that said, the severity of the state's budget crisis makes achieving our goals a very difficult challenge if new funds are required. The plain truth is that merely maintaining current funding levels will be difficult at best.

TPA Community Supervision leadership remains committed to legislation that promotes evidence-based practices throughout the state, and continues to oppose proposals which result in unfunded mandates arising from legislation addressing policy issues.

Now is the time to speak to your local state representatives and senators.

Our message is simple and straight-forward:

(1) Both Adult and Juvenile probation departments are locally directed;
(2) Both Adult and Juvenile departments are funded in part by local tax dollars, and to a large extent, by probation fees paid by offenders;
(3) Both Adult and Juvenile Probation save hundreds of millions of taxpayer dollars when compared with the cost to incarcerate all offenders-adult probation is 1/25th the comparative cost of a prison bed;
(4) Probation is by far the most cost effective way to deal with the hundreds of thousands of almost exclusively non-violent offenders; and, recent reforms strengthening probation have proven to be effective in protecting the public reducing future crimes, and reducing the need for costly prison beds.

Strong local adult and juvenile probation is the conservative way to cost effectively supervise most non-violent criminals, reduce future criminal behavior and hold offenders accountable for their offenses while they pay for their crimes, work and pay taxes, and while taxpayers save hundreds of millions for costs of mandatory inmate health care, food, clothing and shelter required by the U.S. Supreme Court when offenders are incarcerated.

To contact your legislative team and assure that you receive future Legislative alerts, email me at rayallen106@yahoo.com.

Thanks, and be sure to keep in touch,

Ray Allen
On behalf of your entire legislative team and the leadership of TPA

Back to Top

Election 2010: A Sea Change in Texas
Implications for the Texas Probation Association

It is often viewed as hyperbole to throw around terms like “landslide,” “tsunami,” or “tidal wave” when talking about election outcomes. However, it is simply not possible to overstate the dramatic turn of events that occurred in Texas this general election cycle. If a category 5 hurricane did in fact make political landfall nationally, as some pundits have suggested, then the eye of that storm bore down directly on Texas, which saw Republican candidates again sweep every statewide elected office, but more shockingly, win virtually every competitive race for the Texas House of Representatives, and many that were believed by most to have little or no chance of changing parties.

Governor Rick Perry was easily re-elected to a record third full term, defeating former Houston Mayor Bill White 55%-42%. Perry’s anti-Washington rhetoric and conservative Tea Party credentials have led many to speculate about possible presidential ambitions. Democrats did not field strong candidates for any other statewide office, and Republicans won handily with 22% to 30% margins in each race.

Going into Election Day, Republicans were confident that they could pick up one Congressional seat in Texas and cautiously optimistic about their chances in a second. They ended up winning three. Republican Bill Flores trounced incumbent Congressman Chet Edwards 62%-37%. In a district that famously encompasses part of San Antonio and most of west Texas Republican Francisco Canseco defeated incumbent Democrat Ciro Rodriguez 49%-44%. And, in a race that few anticipated would be competitive, Republican Blake Farenthold defeated incumbent Democrat Solomon Ortiz, Sr. of Corpus Christi 53%-47%. The Texas Senate remained unchanged, with Republicans maintaining a 19-12 majority. Because of the 2/3 vote (21 if all members are present and voting) needed to bring legislation up for debate in the Senate, Democrats will continue to maintain a considerable amount of influence in the upper chamber.

The Texas House of Representatives will see the most dramatic partisan shift in modern Texas political history. What was a slim 76-74 Republican majority last session now appears to be a 99-51 Republican majority, with Republicans winning 22 seats previously held by Democrats. (Rep. Chuck Hopson switched his party affiliation to the GOP last year, accounting for one additional gain.) To put that in perspective, the average number of seats that have changed parties in the last seven non-redistricting elections is 3.6. At least 38 of the 150 members of the Texas House of Representatives will be freshmen.

House Democratic Caucus Chairman Jim Dunnam of Waco saw his membership decrease by nearly 1/3. Dunnam was himself defeated in his bid for re-election to the seat he had held since 1996 in one of the night’s biggest upsets. Incumbent Democrat Donna Howard of Austin is ahead of challenger Dan Neil by just 15 votes out of over 51,000 cast. With final canvassing and overseas ballots still trickling in, it is possible that Republicans could reach 100 seats in the lower chamber. The following races all represent a pickup for Republicans in the Texas House. All Democrats listed except Michael Smith in HD 69 were incumbents.

District Republican Candidate Democratic Candidate
HD 1 George Lavender 51.5% Stephen Frost 40.8%
HD 4 Erwin Cain 56.6% Mark Homer 41.5%
HD 12 James White 57.6% Jim McReynolds 42.4%
HD 33 Raul Torres 52.5% Solomon Ortiz, Jr. 47.5%
HD 34 Connie Scott 54.0% Abel Herrero 46.0%
HD 35 Jose Aliseda 53.0% Yvonne Gonzalez Toureilles 47.0%
HD 45 Jason Isaac 53.9% Patrick Rose 46.1%
HD 47 Paul Workman 49.7% Valinda Bolton 46.2%
HD 52 Larry Gonzales 57.5% Diana Maldonado 38.0%
HD 57 Marva Beck 51.7% Jim Dunnam 45.8%
HD 69 Lanham Lyne 74.2% Michael Smith 25.8%
HD 78 Dee Margo 52.4% Joseph Moody 47.6%
HD 85 Jim Landtroop 61.6% Joe Heflin 38.4%
HD 93 Barbara Nash 49.3% Paula Pierson 47.6%
HD 96 Bill Zedler 52.4% Chris Turner 47.6%
HD 101 Cindy Burkett 51.8% Robert Miklos 48.2%
HD 102 Stefani Carter 54.7% Carol Kent 45.3%
HD 106 Rodney Anderson 49.5% Kirk England 48.5%
HD 107 Kenneth Sheets 51.4% Allen Vaught 46.5%
HD 117 John Garza 51.9% David Leibowitz 48.1%
HD 133 Jim Murphy 56.3% Kristi Thibaut 42.4%
HD 134 Sarah Davis 50.7% Ellen Cohen 49.3%

First-term Republican Speaker Joe Straus of San Antonio, who was elected to his post with strong Democratic support, is being challenged in his bid for a second term as speaker by conservative Republican Warren Chisum of Pampa. Some speculated that a strong showing by Republicans could jeopardize Straus’ hopes for re-election as House leader, though Straus actively campaigned for and contributed to Republican candidates across the state and shored up his Republican support. Straus’ office issued a press release late on election night that contained a list of 126 legislators, including 77 Republicans, who have pledged to vote for Straus for speaker when the legislature reconvenes in January. A majority vote of 76 is required to be elected as speaker. As has been proven in the recent past, speaker politics is somewhat unpredictable by nature. However, Straus is believed by most capitol observers to be a strong favorite to maintain his position.

Implications for Adult and Juvenile Probation

1. The freshman class in the House is unequivocally conservative. The freshman class only adds to the robust conservative contingency in the House. It is safe to assume that most of the freshmen are unfamiliar with probation departments and how probation works within the criminal justice equation. We should assume that many will not be initially favorable to probation insofar as it is largely viewed as less punitive toward criminals than incarceration. However, the election of thirty-eight new members gives us a golden opportunity to cement our view into the legislative process by educating a large number of new members in a time when state spending and budget considerations will be paramount.

2. The election marked the demise of moderate rural Democrats in Texas (and if some Republicans were not that conservative before, they will be now). It also means the metropolitan areas are now the primary bastions for the Democratic Party with rural, small towns and the suburbs almost exclusively Republican.

3. We will be watching changes in the House Committees necessitated by the defeat of a large number of members with past criminal justice committee experience. Chairman Jim McReynolds defeat hits us particularly hard. Look for a significant re-shuffling of the House Corrections Committee. It is possible that discussions from two years ago may be revived which proposed that the Corrections Committee and Criminal Jurisprudence Committees be combined into a single body. Similar major changes in the House Appropriations and Calendars Committees are to be expected.

TPA Position

TPA is well-positioned for the change. Our lobby team of former State Rep. Ray Allen, Jeff Heckler and Scott Gilmore is very comfortable in these new environs and are respected by the conservative members of the Legislature. While the sea change in the House was predicted by no one, TPA is, nevertheless, prepared for it.

It is important for all TPA members to contact your legislator now to assure that they understand our basic message:

(1) Both Adult and Juvenile probation departments are locally directed;
(2) Both Adult and Juvenile departments are funded in part by local and state tax dollars, and that adult departments are funded to a large extent by probation fees paid by offenders;
(3) Both Adult and Juvenile Probation save hundreds of millions of taxpayer dollars when compared with the cost to incarcerate all offenders—adult probation is 1/25th the amount of prison beds;
(4) Probation is by far the most cost effective way to deal with the hundreds of thousands of almost exclusively non-violent offenders; and, recent reforms strengthening probation have proven to be effective in protecting the public and reducing future crimes.

Strong local adult and juvenile probation is the conservative way to cost effectively supervise most non-violent criminals, reduce future criminal behavior and hold offenders accountable for their offenses while they pay for their crimes, work and pay taxes, and while taxpayers save hundreds of millions for costs of mandatory inmate health care, food, clothing and shelter required by the U.S. Supreme Court.
As always, I would love to hear your comments, suggestions or ideas, so reply to this email or call me on my cell phone. If you already have a good relationship with your representative, take the opportunity over the next 30 days to renew that contact with some version of our message. If you have a newly elected representative, the next 30 days give you a wonderful opportunity to get acquainted and offer your assistance in helping him or her to get caught up on the latest issues in criminal justice, in particular, local probation policies, services and operations which will be of interest. Don't be shy. Jump on it!

Ray Allen
GovBizPartners.com
502 W 13th Street
Austin, TX 78701
(M) 512 965-8300
rayallen106@yahoo.com
ray.allen@govbizpartners.com

Back to Top

Meet TPA's Lobbyist--Ray Allen

Hon. Ray Allen

Former State Representative Ray Allen was first elected to the Texas House Of Representatives in 1992, and served seven terms, retiring in January, 2006. During his tenure he served as the Chairman of the House Committee on Corrections, Chairman of the County Affairs Committee, was a member of the House Committee on Government Reform, the House Appropriations Committee, Vice-Chairman of the Select Interim Committee on Sex Offender Statutes, Vice-Chairman of the Environmental Regulations Committee, the Committee on House Administration, Select Committee on Constitutional Revision, the House Criminal Jurisprudence Committee, and the House Public Safety Committee. He chaired numerous Subcommittees, focusing on issues related to criminal justice, corrections reform, and the environment, and Chaired the Texas Legislature Sportsmen’s Caucus from 2002 through 2006.

Representative Allen, widely regarded as one of the most prolific and effective House members in passing legislation, authored or jointly authored nearly 400 bills of which more than 150 are now in law. Many of his successful bills were designated as major state laws by independent Senate and House Research Organizations. Those efforts covered a broad range of topics including criminal statutes, child protection and safety, sex offenders, private sector prison industries, crime-victims’ rights laws, Texas’ Concealed Carry law, the Texas Clean Air Act of 1999, and numerous measures regarding local and economic development issues.

Upon leaving elected office in 2006, he founded Service House, Inc., a Government Affairs firm which served a wide variety of clients prior to the formation of GovBiz Partners, LLC.

Contact Ray Allen--

GovBizPartners.com
502 W 13th Street
Austin, TX 78701
(M) 512 965-8300
rayallen106@yahoo.com
ray.allen@govbizpartners.com

Back to Top

Lobbyist News October 2010

Preparing for the Next Legislature

The Texas Probation Association leadership has been extremely active in preparing the association and its members for the 81st Legislative Session which convenes January 11, 2011.

Among the Issues Drawing the Most Attention:

Adult Probation Legislative Committee

• TDCJ Legislative Appropriations Request was required to submit recommendations for cuts totaling 15% of its total budget--The agency chose not to follow the template used in the 2003 legislature when a shortfall approaching $10 billion led to budget cuts which decimated probation, treatment and alternatives to incarceration. Instead, the agency offered balanced budget cuts roughly across-the-board in all areas of agency operations while laying out, in detail, the negative consequences of each proposed reduction. The Agency hopes to receive exemptions from some if not most of those cuts which would hurt public safety of result in higher future expenditures.

TPA representatives have testified before a number of legislative committees including House Appropriations, Senate Finance and the Legislative Budget Board accompanied by our Legislative team at GovBiz Partners, led by former Rep. Ray Allen. We reiterated the successful results achieved by CSCD's in diverting from prison, thousands who are effectively supervised on probation at considerable savings to the state without jeopardizing public safety. Strong probation and effective alternatives to incarceration require continued adequate funding.

• Health Insurance Cost Increases-The rising costs of health insurance has created an unsustainable budgeting challenge for CSCD's since funding comes from state grants necessary to provide local probation services. Each year, rising costs of health care have reduced operating funds, with projections for the 2011-12 biennium now approaching $41 million.

TPA representatives offered testimony specifically addressing this issue to the House Appropriations Committee, Senate Finance and the Legislative Budget Board. We are not asking for additional funds at this time due to the budget shortfall estimated to be in the range of $18 billion, but are requesting that annual insurance costs be shown as a single line-item in the budget to highlight the growing nature of the problem for CSCD's and to add transparency to the budgeting process.

• Rider 80 directs that unspent CSCD grants be returned to the state and that future budgets deduct from appropriations a percentage of unspent dollars. Over the past decade, these deductions from TDCJ's CJAD budget have mounted up, creating a trend of reduced appropriations in our baseline budgets.

TPA representatives have met on numerous occasions with Carey Welebob, CJAD Director seeking greater flexibility in using grant funding locally, and changes in the grant process and timing to allow CSCD's to fully utilize available grant funding within each biennium.

• The 3.5% pay raise approved in the last Legislative session was not fully funded.

TPA representatives are asking that funding for the approved pay raise be Annualized in our baseline TDCJ budget for the coming biennium.

Juvenile Probation Legislative Committee

• TJPC Legislative Appropriations Request was required to submit recommendations for cuts totaling 15% of its total budget.

TPA representatives have met repeatedly with Vicki Spriggs and her leadership team to reiterate that local Juvenile Departments must continue to receive adequate funding if they are to continue diverting offenders from costly incarceration within TYC. TJPC is fully informed and remains sympathetic to our factual message. We also have testified at all relevant legislative and LBB hearings on your behalf.

• TJPC's biennial appropriation is rendered less efficient by a convoluted system of Appropriations Riders which divide Juvenile Probation funds into 16 separately governed grant streams. These segregated grants are inefficient, requiring costly accounting and tracking within the agency, and straight-jacketing how funds may be used to fund local supervision, treatment and placement of youths.

TPA representatives continue to offer testimony at all relevant hearings and meet with TJPC leadership as well as with the leadership of other organizations working in this arena.

The Bottom Line:

Your TPA is aggressively fighting for you and for the future of community corrections in both Adult and Juvenile probation every week.

WE NEED YOUR HELP!

1. Make sure both you and your fellow workers receive these legislative updates. As we get closer to the start of session, they will be sent more frequently, and the messages will be more directed at specific actions you can take to help us serve you. Click on my email link below and let me know you want to receive them.

Just forward this Legislative Action Alert and ask your associates to click on the following link: rayallen106@yahoo.com

In the subject line, type in "Send me your Legislative Action Alerts".

If you want to send any other message, suggestion, or information about you or your legislative contacts, put that in the body of the email, and we will reply as soon as possible.

2. The Legislative Session will begin in two and a half months. It will be fast-moving and turbulent, so as legislation and budget numbers change, we will keep you up to date, and we'll ask you to keep your legislators informed of our needs and positions on bill language.

3. When you get a Legislative Action Alert, do your best to assist with the requested action when you are able.

Thanks, and be sure to keep in touch,

Ray Allen
On behalf of your entire legislative team and the leadership of TPA

TPA 2010
Legislative Calendar

NOVEMBER
November 2, 2010- Statewide General Election
November 10-Pre-filing of Bills begins

DECEMBER
Sunset Commission Hearing Limited Review*(December 16)
Texas Juvenile Probation Commission
Texas Youth Commission

Back to Top

Lobbyist News August 2010

Annual Conference 2010
Omni Hotel at the Colonnade
9821 Colonnade Blvd.,
San Antonio, Texas 78230
August 15-18, 20105

Conference Highlights You Won't Want to Miss:

Sunday 8/15
You won't want to miss the morning golf tournament at Silverhorn Golf Club, an afternoon session with Juvenile and Adult Legislative Committees formulating strategies for the 82nd Legislature, and the Evening Welcome with State Representative Ruth McClendon. A TPA reception/social follows the brief opening session. Get acquainted with new friends or catch up with old friends. Discuss issues with TPA's current leaders, your new lobbying team or just kick back and relax.

Monday 8/16
The annual conference begins with an outstanding Keynote Address, followed by nine interesting workshops from which to choose, the TPA afternoon Board meeting and, finally a relaxing evening on the San Antonio Riverwalk.

Tuesday 8/17
Twelve excellent workshops highlight the workday, the Silent Auction comes to a close in the afternoon, and an evening of free time leaves you with an opportunity to go anywhere and see everything San Antonio has to offer.

Wednesday 8/18
The conference winds down with a short presentation from our newly selected legislative affairs representatives who will outline the next legislative session, fill you in on key issues and new communications tools aimed at keeping you up-to-date and informed.

Then Vicki Spriggs, Director of TJPC will highlight a session for Juvenile practitioners while Carey Welebob, Director of CJAD will lead a session tailored for adult probation officers. The conference will end at noon.

Reservations still available!
Contact: Robin Dulock at (936) 294-3073

A Conference Experience You'll Remember...

This year's Texas Probation Association Annual conference in beautiful San Antonio, near Six Flags Fiesta Texas, offers numerous opportunities for professional development and fellowship with colleagues from across the state. Don't miss this opportunity to combine professional development with a late-summer, last minute family-fun vacation built around San Antonio's rich culture and family fun attractions.

For information of the Conference hotel check out the Omni Colonnade website at http://www.omnihotels.com/FindAHotel/SanAntonio.aspx. All TPA rooms are now filled.

The overflow hotel is next door at the Staybridge Suites. You may make a reservation by calling (888)299-2208 and ask for the rate for the TPA Conference. King suites are available at $99 per night. Check out their website to see available amenities.

An abbreviated Conference agenda follows:

Sunday, August 15
Golf Tournament 8:30 -12:30 pm
Committee Meetings 1:00 - 5:00 pm
Welcome/Opening Session 6:00 - 7:00 pm
Reception/Social 7:00 - 8:00 pm

Monday, August 16
Prayer Breakfast 6:30 - 8:00 am
Keynote Address 8:30 - 10:00 am
Workshops 10:30 - 12:00 noon
Two afternoon Workshop sessions with six presentations 1:30 - 5:00 pm (w/breaks)
Riverwalk Social 6:30 pm - 12:30 am (Shuttles provided)

Tuesday, August 17
Workshops 8:30 - 11:45 am six presentations (w/breaks)
TPA Luncheon 12:00 - 1:15 pm
Two afternoon Workshop sessions with six presentations 1:30 - 5:00pm (w/breaks)
Evening - Free

Wednesday, August 18
TPA Business meeting 8:30 - 9:00 am
Legislative Update: Adult and Juvenile Issues 9:30 - 10:00 am
Agency Reports 10:00 - 11:30 am (In separate locations_
TJPC - Vickie Spriggs
CJAD - Carey Welebob

TPA's conference will help equip you to master workplace issues, and prepare you and your association to navigate the challenges of the next legislative session which is expected to face a funding shortfall of $18 billion and numerous contentious issues.

Take advantage of your opportunity to visit with members of our new Legislative Affairs team, Former Rep. Ray Allen, Scott Gilmore and Jeff Heckler. They were recently selected by the Board of Directors through a competitive bid and interview process. All TPA members will have new opportunities to voice your thoughts and weigh in on legislative and budget issues of interest to you.

Rider 80 Pay Raise Underfunding Adds to Budget Pressures

When the legislature funded a pay raise for certain classes of probation employees in the 2010-2011 budget cycle, rather than directing that the pay increase be set at an increase of 3.5% per year, it funded pay increases with a sum-certain amount in each year of the biennium. The total dollar amount specified for each budget year was insufficient to fund a 3.5% increase. That means the basic supervision allotment will likely be assessed an additional levy estimated to be $4 to $5.8 million to cover the unfunded portion of that pay increase.

TPA 2010
Legislative Calendar

AUGUST
TPA Summer Conference (August 15-18) Omni San Antonio Hotel at the Colonnade August-Legislative Appropriations Requests Due

NOVEMBER
November 2, 2010- Statewide General Election
November 10-Pre-filing of Bills begins

DECEMBER
Sunset Commission Hearing Limited Review*(December 16)
Texas Juvenile Probation Commission
Texas Youth Commission

Back to Top

Lobbyist News May 2010

Fixing Rider 54

The imminent prospect for local CSCD's to lose their portion of funds granted to them poses a serious threat to the ability to operate effective probation supervision both now and into the future. Rider 54's instructions require CSCD's to return $19.8 million dollars of unexpended grant dollars to TDCJ.

According to the LBB, this Rider has been a standard fixture of the Appropriations process for a decade or more and has resulted in steadily increasing losses of revenue to local departments in each biennium.This policy is not driven by formulas which can be adjusted. It addresses the problem of unspent grant dollars which, from the perspective of the LBB, the Legislature and TDCJ, if unspent by local departments, unnecessarily costs the bill, in effect leaving unspent agency dollars on the table which would result in reduced base-line appropriations to TDCJ in subsequent budgets. This is an outcome TDCJ does not support. Bringing unspent dollars back into the agency from CSCD grants allows it to redistribute the money to end-of-biennium priorities as directed in the rider, and saves the agency from future budget reductions.

The following fact is important for TPA to understand:

The LBB is not sympathetic to the impact of this rider on CSCD's. LBB believes the remedy is for CSCD's to fully spend or obligate their entire appropriation within the time frame provided in the bill in order to avoid future required refunds. Second: the LBB views itself as a state agency charged with serving the interests of the state and its agencies. It is not accountable to those to whom state grants are given.

To solve this problem TPA must address any structural problems which prevent CSCD's from spending all grant funds. TPA might also get specific guidance regarding how to spend or obligate grant funds from either CJAD or the CFO of TDCJ to avoid biennial refunds. Having done that, TPA must fight the political battle to assure that refunding grant dollars to TDCJ is not a recurring aspect of each Appropriations Bill.

Rider
54. Appropriation: Refunds of Unexpended Balances from CSCDs. The Texas Department of Criminal Justice (TDCJ) shall maintain procedures to ensure that the state is refunded all unexpended and unencumbered balances of state funds held as of the close of this biennium by local community supervision and corrections departments (CSCDs). All estimated fiscal years 2008-09 refunds received from CSCDs by TDCJ are appropriated above in Strategies A.1.1, Basic Supervision, A.1.2, Diversion Programs, A.1.3, Community Corrections, and A.1.4, Treatment Alternatives to Incarceration. All refunds received by TDCJ in excess of $19,800,000 shall be redistributed by TDCJ for the benefit of the community supervision and corrections system (estimated to be $0).

Rider 80

According to the Legislative Budget Board, Rider 80 was originally written to contain a sum-certain amount of dollars for each of the two years of the biennium. The language regarding Legislative intent was inserted at the request of the legislators, but was clearly understood to be meaningless because of the clear dollar amounts spelled out in the rider. Both the LBB and legislators knew that the dollar appropriation was clearly insufficient to fund the stated legislative intent.

This Appropriations Committee action was a political decision to fund the assigned amounts based upon how much money was considered to be available for the designated pay raises when considered in concert with other legislative/CJAD priorities.(Note the difference in language and structure compared with Rider 84 which gave TDCJ employees a three and a half percent pay increase.)
Bill.

Rider 80: Community Supervision Officers and Direct Care Staff Salary Increases. From funds appropriated above in Strategy A.1.2, Diversion Programs, the Department of Criminal Justice (TDCJ) shall provide $4,375,000 in fiscal year 2010 and $8,750,000 in fiscal year 2011 in General Revenue Funds to local community supervision and corrections departments for salary increases for community supervision officers and direct care staff. It is the intent of the Legislature that the community supervision officers and direct care staff receive a three and a half percent increase in salaries in fiscal year 2010 and an additional three and a half percent increase in fiscal year 2011.

Compare language with Rider 84: Salary Increase for Certain Department Employees. Out of funds appropriated to the Texas Department of Criminal Justice above, the department shall increase the annual compensation of department employees employed in the following areas or categories in an amount equal to three and a half percent in fiscal year 2010 and an additional three and a half percent in fiscal year 2011 of the employee's annual compensation as of August 31, 2009:
a. TCI Industrial Specialists,
b. Agricultural Unit Operations,
c. Unit Maintenance Operations,
d. Unit Clerical Staff,
e. Mailroom Operations,
f. Courtroom Operations,
g. Commissary Operations,
h. Intake Operations/Photo and ID,
i. Property and Supply Officers,
j. Unit Classification Operations,
k. Unit Human Resource Assistants,
l. Chaplaincy,
m. Unit Project RIO,
n. Counsel Substitute,
o. Substance Abuse Treatment Program,
p. Grievance Investigators,
q. Risk Management,
(...List continues to end of Rider 80.)

Rider 80 Pay Raise Underfunding Adds to Budget Pressures

When the legislature funded a pay raise for certain classes of probation employees in the 2010-2011 budget cycle, rather than directing that the pay increase be set at an increase of 3.5% per year, it funded pay increases with a sum-certain amount in each year of the biennium. The total dollar amount specified for each budget year was insufficient to fund a 3.5% increase. That means the basic supervision allotment will likely be assessed an additional levy estimated to be $4 to $5.8 million to cover the unfunded portion of that pay increase.

Insurance Costs Feed Looming Budget Crisis

Employees of Texas probation departments face growing challenges to their hard-won health insurance benefits fought for by TPA. The steadily rising cost of health care and health care insurance premiums is molding numerous separate but related challenges into a looming budget crisis in probation funding which must be addressed by the Association.

The first challenge is that faced by the ERS arising from the growing cost of health insurance for all state employees. With premium costs rising across the board, ERS faces a shortfall of at least $148 million. Proposed solutions to their crisis have suggested raising the costs of deductibles, copayments and out-of-pocket prescription drug costs. But TPA must watch for attempts to jettison employees from the system in order to reduce overall liabilities. Because CSCD's are viewed as a hybrid county/state system, although it has not been suggested, it is possible that probation employees might be targeted for removal from the system.

Second, probation employee health care costs are paid from basic supervision funds. As of the current year, the cost of insurance to the Basic Probation funding is approximately $4.5 million, an amount which is no longer available to pay for probation supervision costs. Two additional problems add to an already bleak long-term picture: consistent 7+% per year cost increases, and the steadily rising number of probation retirees and dependents will add future additional costs to Basic Supervision budgets. Thus far, there have been no official actuarial studies to assign a hard number to this rising long-term liability, but the TPA legislative committee estimates that the cumulative deficit is approximately $41 million.

TPA 2010
Legislative Calendar

JUNE
LBB Prison Population Projections due
TPA Board Meeting-(6-25) Omni South Park Hotel, Austin, TX
Interim Committees Meet:
House Corrections Committee
House Appropriations Committee
Criminal Justice Subcommittee
Senate Criminal Justice Committee
Senate Finance Committee
Criminal Justice Subcommittee

JULY
Interim Committees Meet:
House Corrections Committee
House Appropriations Committee
Criminal Justice Subcommittee
Senate Criminal Justice Committee
Senate Finance Committee
Criminal Justice Subcommittee

AUGUST
TPA Summer Conference (August 15-18) Omni San Antonio Hotel at the Colonnade August-Legislative Appropriations Requests Due

NOVEMBER
November 2, 2010- Statewide General Election
November 10-Pre-filing of Bills begins

DECEMBER
Sunset Commission Hearing Limited Review*(December 16)
Texas Juvenile Probation Commission
Texas Youth Commission

Back to Top

81st Legislature-Key Issues:Adult & Juvenile Probation

Click here to view the Adult and Juvenile Probation Legislative Reports.

Back to Top

80th Legislature - Key Issues: Adult Probation

HB/SB1 General Appropriations (State Budget) 2008- 2009
Adopted: Signed by Governor June 2007

Ogden/Chisum: $153 Billion State Budget Bill - Restores 5% proposed cut from baseline funding. Various funding levels were significantly increased to TDCJ-CJAD’s budget to align with probation reform policy.

Key Issues: Exceptional Line Items or Funding Allocations Above Baseline

Rider #62 - Directs Govt. Code 76.017: to expend at least ($6.25 M) per biennium in for TAIP Program.

Rider #63 - Harris Co. Community Corrections Facility: From the funds allocated to Diversion Program, ($13 M) per biennium shall be made to this department.

Rider #69 - Probation Caseload Reduction: Out of the funds appropriated in Diversion Program allocation, at least ($28 M) per biennium shall be used to fund community supervision officers to reduce caseload size consisting of medium to high-risk offenders.

Rider #70 - Residential Treatment and Sanctions Beds: From funds allocated in Diversion Program at least ($27 M) per biennium shall be expended on residential treatment and sanction beds. CJAD will have discretion to departments with the highest rates of technical revocations.

Rider #73 - Contracted Temporary Capacity: Should the inmate population are less than projected of the 97% of total capacity, TDCJ shall transfer funds to Diversion Program for Adult Probation.

Rider #74 - Monitoring of Community Supervision Diversion Funds: TDCJ shall maintain a specific accountability system for tracking of all community supervision funds aimed to make this system as effective.

Rider #76 - Battering Intervention Program: From the funds allocated in Diversion Program, ($2.5 M) per biennium shall be used as assigned in Article 42.141of the Code of Criminal Procedure. Only for program use

Rider #84 Diversion Initiatives:

TDCJ shall use funds appropriated for various listed Diversion Programs.

Rider #85 -Withholding of Funds: TDCJ may withhold distributed funds in the core funding of probation if
CSCD’s fail to comply with TDCJ data reporting requirements.

Rider #86 - Diversion Plan: TDCJ shall provide to the Governor and LBB including House and Senate Corrections Committee a plan for the expenditures of diversion funding not limited to (probation) by Sept. 30, 2007. The plan should list goals, implementation strategies, recidivism, diversion outcomes etc.

Rider #89 - Medically Targeted Substance Abuse Treatment: From funds allocated in /Diversion program base funding, ($2 M) per biennium shall used to provide physician supervised acute medical treatment for met amphetamine/cocaine addicted offenders. This shall be administered in outpatient setting.

Back to Top

Other Major Key Issues: TPA Direct Involvement

HB 1678-Madden/Whitmire: relating to operations of a system of community supervision (Adult Probation)
This bill provides reform to probation because it enables incentives for a probationer to complete residential programs for substances abuse and other problems that lead to criminal behavior. This bill also provides an early review period during which a court can consider dismissing the term of community supervision for a probationer who has successfully completed all court imposed obligations. In addition this bill specifies that the term of community supervision will be five years, subject to extensions for good cause, for only a probationer placed on community supervision for a third degree drug or Title VII property offense. Probationers placed on community supervision for a serious offense will not be eligible for early termination.
Last Action: Signed by Governor 6/15/07

HB 530-Madden/Whitmire: relating to drug court in all counties with a population of 200,000 or more.
A contingency rider in the appropriations bill allocates $929,000 in FY 2008 to the Governor’s Office and $2,258.000 in FY 2009 to the Diversion Program item for funding the drug courts established in this bill. TDCJ must transfer $270,000 per fiscal year to the DP line item to fund DWI courts or courts operating duel DWI/drug court program.
Last Action: Signed by Governor 6-15-07

HB 3200-Madden/Whitmire: relating to changes to funding formulas for Adult Probation Services.
This bill would have enabled 121 probation departments across Texas the ability to operate, maintain and supervise caseloads with greater financial efficiency. The purpose of this measure is to fund probation departments with a front loaded formula in order to increase the likelihood that probationers will successfully complete the term of their community supervision. A change in the funding for felony probationers is essential for creating incentives for early termination of probated cases, providing disincentives for technical revocations, and targeting the majority of resources in the beginning of a probationer’s period of supervision during which the vast majority of the most critical assessments and programming should be occurring.

The major points in HB 3200:

• It funds felonies for five years only with funding reduced after the second year of placement on probation
• It has a funding penalty for revocations for technical violations
• It encourages early termination for probationers who have successfully complied with all the conditions of community supervision
• Misdemeanor funding system is left the same as in the current funding system
  Last Action: Vetoed 6/15/07

SB 1909-Ellis relating to community supervision, parole, or mandatory supervision for certain drug possession offenses and to a person's eligibility for an order of nondisclosure following a term of community supervision for any of those offenses.
This would have expanded the use of alternatives to incarceration. The bill would have required nonviolent drug offenders with no previous convictions other than a drug possession offense or certain offenses under the Transportation Code to be placed on community supervision and given personalized treatment, rather than incarcerated, unless a judge finds that the individual is a danger to the community or not fit for treatment. A court would require an individual to comply with a range of conditions of community supervision in addition to requiring treatment, including vocational training, family counseling, literacy training, and community service, thereby giving judges the ability to select a mix of programs and monitoring conditions appropriate to each individual offender. The bill would have authorized certain individuals who successfully complete the assigned treatment program and successfully complete the term of community supervision to petition the court for nondisclosure of the offense.
Last Action: House Floor vote deadline prevented this bill from further action.

Back To Top

80th Legislature - Key Issues: Juvenile Probation

HB/SB1 General Appropriations (State Budget) 2008- 2009
Signed by the Governor June 2007

Ogden/Chisum: $153 Billion State Budget Bill - Restores 5% proposed cut from baseline funding. Various funding levels were significantly increased to TJPC’s Budget. Community-based programs were give additional funds to cover savings from reduced TYC commitments. Increase of $66 Million in additional funds to key service line items in TJPC’s budget.

Key Issues: Exceptional Line Items or Funding Allocations Above Baseline

Notes:

*An additional $500,000 per fiscal year of the biennium shall be set aside in a reserve to allow for mandated and non-mandated counties to apply for additional funds on a grant basis.

1 A rate increase for students expelled under (mandatory student)Chapter 37 was authorized in the amount of $79 per day compared to the current rate of $59. +(20.00 extra a day)

2 JJAEP funds not to exceed more than $3.0 million in any year fiscal year can be applied for summer school.

Rider #6 --Relating to Basic Supervision & Community Corrections
Juvenile Boards may use funds appropriated in the referenced provisions to lease, contract for, reserve bed space with public or private residential facilities for the purpose of diverting juveniles from commitments to TYC.

Rider #11 -- Relating to Juvenile Justice Alternative Education Program (JJAEP)
Out of funds appropriated in this line item, a maximum of $500,000 per fiscal year may be used for counties with population of at least 72,000, which operate a JJAEP at a student rate of $79 per day.

Rider #13 -- JJAEP Accountability
Participating counties with JJAEP’s shall be accountable for student academic behavior and success. Performance assessment reports shall be reported to the Legislative Budget Board and Governor by May 1, 2008. This report shall state cost factors, assessments, guidelines and program standard measures.

Rider #19 -- Community Corrections and Residential Facilities
Allows for $22.5 million per biennium to be used from this line item to enhance community-based services including but not limited to sex offenders, treatment, intensive supervision and specialized supervision.

Mental Health Care for Juveniles (Special Needs Diversionary Program) funding levels stay the same

Back to Top

Other Major Key Issues: TPA Direct Involvement

SB 103 - Relating to the Texas Youth Commission and the prosecution of certain offenses and delinquent conduct in the Texas Youth Commission and certain other criminal justice agencies; providing penalties.
This bill provides many provisions to standards and guidelines directing the structure of TYC. Applicable provisions relating to juvenile probation departments are affected by the courts that are designated to no send children to the TYC for misdemeanors. This bill also states review by the Sunset Advisory Commission and juvenile reports to be submitted to the Legislature by TYC & TJPC.
Action: Bill prohibits misdemeanants sent to TYC Effective Immediately

HB 1909 - Relating to Juvenile Boards
The intent of this bill was aimed to expand the juvenile board in each county to include a justice of the peace and a municipal court judge to an expanded intended involvement among all levels of the judiciary with regard to the juvenile justice system.
Action: Died in Calendars Committee

HB 15 - Relating to making supplemental appropriations and reductions in appropriations and giving direction, transfer authority, and other adjustment authority regarding appropriations.
In light of passage of SB103/HB2807, relating to the Texas Youth Commission restructure and management including imposing penalties no misdemeanants will be accepted as stated language provisions of the bill or in its implementation. As a result, this would have added complexities to TJPC placement budget shortfall, this process will further enhance referrals to the current juvenile probation system.
Action: Bill passed without 4 Million for TJPC for 2007 Budget.

These funds would have been allocated in the 2006-2007 current TJPC Budget . TPA in conjunction with JJAT requested HB 5 to include emergency funds in the amount of $4.4 million immediately to secure placement beds for repeated misdemeanor offenders and other youth who otherwise are eligible for committed to TYC.

Back To Top

Texas Public Policy Foundation Reports

Adult:
http://www.texaspolicy.com/pdf/2006-06-PP-probationreform-ml.pdf
http://www.texaspolicy.com/pdf/2005-11-perverseincentives-pp.pdf
http://www.texaspolicy.com/pdf/2006-02-PP-drugcourts-ml.pdf

Juvenile:
http://www.texaspolicy.com/pdf/2006-03-PP-DAEP-ml.pdf

Back To Top