New Texas laws now in effect

It took some time, but a set of new laws and rules passed by the Texas Legislature in 2023 went into effect on Sept. 1, the Houston Chronicle reported. Prominent among these are the SCOPE Act, or Securing Children Online Through Parental Empowerment Act, which tightens restrictions for online users younger than 18.

Under the SCOPE Act, users must register their age on social media and other websites. Minors are prohibited from making purchases from those sites, which are also required to filter and block certain material. Examples include content that promotes suicide or bullying, as well as trafficking and other forms of exploitation.

Violators could be fined up to $10,000 per incident.

One of the bill’s co-authors defended its intent.

“Testimony from parents and children in committee gave graphic examples underscoring how desperately we need to better protect kids online,” state Rep. Shelby Slawson, R-Granbury, wrote. “The SCOPE Act will do just that.”

Others don’t agree. The nonprofit Foundation for Individual Rights and Expression sued the state on Aug. 16, challenging the government restrictions.

“While these efforts to protect young people are well-intentioned, they lack perspective,” the lawsuit states.

Another measure that took effect Sept. 1 updates qualifications for family violence shelters that provide lodging and care for domestic abuse victims in order to receive state funding. Criteria now includes providing direct services, establishing a referral service for victims, and having been in operation at least a year.

Eliminating property taxes would require massive funding

Eliminating the state’s property taxes is high on the wish list of some Republican lawmakers. They received a reality check last week when state budget officials said doing so would require the state to produce $81 billion each year to cover the costs of public schools, as well as the revenue now received by cities, counties and special taxing districts through property taxes.

The Texas Tribune reported that Lt. Gov. Dan Patrick directed the Legislative Budget Board to tally the costs of replacing property tax revenue, which funds teacher salaries, law enforcement and many other government functions. Eliminating the tax likely would require a massive increase in sales tax rates – something that appears highly unlikely. 

State Sen. Paul Bettencourt, R-Houston, is Patrick’s chief lieutenant on property taxes. He noted $81.5 billion is “a huge amount of money to be able to replicate.”

Lawmakers have worked to lower property tax bills the past few sessions by raising the homestead exemption and limiting how much school districts and local governments can collect. But without a state income tax, lawmakers are limited in how to completely replace property taxes with another form of revenue.

Perry joins Phelan’s team as adviser

Former Gov. Rick Perry has joined House Speaker Dade Phelan’s office as a senior adviser, the Texas Standard reported. The embattled speaker, who survived a tough runoff race, now faces at least three Republican challengers to his speakership.

“[Gov. Perry] understands every facet of the legislative process, and that will be a tremendous asset as we work to strengthen our state’s economy, improve education and ensure every member’s voice is heard in the Texas House this session,” Phelan said in a statement. 

Phelan has been under fire for backing an ultimately unsuccessful attempt to impeach Texas Attorney General Ken Paxton and for being perceived as not conservative enough by some of his Republican colleagues.

Perry will serve as a volunteer adviser until the 89th Legislature begins in January.

Paxton suing Bexar County over mail voter plan

Texas Attorney General Ken Paxton is suing Bexar County over its plan to mail voter registration forms to unregistered residents en masse, the Austin American-Statesman reported. The Bexar County Commissioners Court approved the voter registration plan last week, defying Paxton’s warning that he would take them to court.

Paxton’s suit argues that mail applications could entice felons and other ineligible people to register to vote. Commissioner Justin Rodriguez defended the plan.

“From our perspective, this was never a Democrat or Republican endeavor,” Rodriguez told the Statesman. “It was making sure we used the resources within the elections office to be innovative, to be proactive when it came to registering voters, and we felt pretty strongly that we’re doing everything (as it is) allowed by the Elections Code.”

Paxton has warned repeatedly of potential voter fraud in November’s general election. However, he has not provided evidence of widespread voter fraud in Texas, the Statesman reported.

Schools hiring more 

uncertified teachers

Critical teaching shortages in Texas are compelling school districts to hire more teachers who have not received formal classroom training, The Texas Tribune reported.

The number of uncertified teachers in the state’s public schools has risen dramatically since the COVID-19 pandemic, which prompted many longtime educators to leave the profession for various reasons – health concerns, lack of resources, and feeling burned out. As a result, uncertified teachers, many of whom work in rural school districts, accounted for about 38% of newly hired instructors last year.

Since 2015, school districts under the District of Innovation law have been able to hire people with different professional experience who then would work on getting certified through alternative certification programs. The last legislative session ended with no significant base funding increases, leaving many school districts with budget shortfalls, and making it even harder to fill teacher vacancies. 

“When you have a state where their coffers are full and local school districts where their coffers are empty, or in the process of being empty, you’re going to have to have some state help to make sure that we’re funding these types of programs,” said Mark Henry, who served as Cy-Fair ISD’s superintendent for more than a decade.

According to the Texas Education Agency, the attrition rate among Texas teachers has increased since the start of the pandemic from 9% to 12%. Texas ranks 30th in the nation for average teacher pay — $8,828 less than the national average, according to the National Education Association.

Gary Borders is a veteran award-winning Texas journalist. He published a number of community newspapers in Texas during a 30-year span, including in Longview, Fort Stockton, Nacogdoches, Lufkin and Cedar Park. Email: gborders@texaspress.com