INSTRUCTIONS FOR WRITING YOUR BILL

Transcription

1 INSTRUCTIONS FOR WRITING YOUR BILL As you prepare for Patriot Academy 2010, know that there is a team of volunteer Patriots working hard to make your experience at the State Capitol an empowering and memorable occasion. Part of your work in preparing for these powerful five days with other leaders and difference makers will be the writing of a bill that you will attempt to pass through the legislature and have signed by the Governor of Patriot Academy Everyone must file one bill, and everyone is allowed to have a maximum of two bills. You can always amend other bills with additional ideas - but more on that in your orientation! Included are sample bills for your review, a topic sheet to help give you ideas, and an article called A Principled Approach to Analyzing Legislation to help you analyze and improve your own bill. For more ideas, visit or to see the bills proposed in the Texas Legislature last session. Your bill can be about any subject you desire: education, agriculture, taxes, school finance, redistricting, abortion, guns, water, or even the state bird! It is your choice. Be sure to pick something you care about. Make it something you can passionately debate on the House Floor and in committee. Remember, you will need to be able to convince your colleagues that this bill will positively impact the lives of Texans and the future of Texas! If you could make one change to Texas law, what would it be? Here are the only limitations and requirements for your bill: 1. It must be no more than 300 words and must be formatted to fit on one page. 2. It should lay out the concept of your idea. It does not have to be drafted to perfection, your colleagues will be amending it anyway. Put the idea in your own words. 3. The idea must address something that needs to be changed in existing state statutes or even the Texas Constitution. Remember, a principled approach to government dictates that you use the least restrictive means to accomplish your purpose. That is, review the conservative principles and ensure that your proposal promotes those principles and does not violate them. 4. your proposal to Michael Bullock at legcouncil2010@gmail.com no later than July 20, Please it as a Word Document if at all possible. Otherwise, please copy the text of your document into the body of your , as well as attaching the document in whatever software you are using. Please note that you must meet the deadline to have a bill in the process. If there are extenuating circumstances, please discuss them with Speaker Bullock prior to the deadline. No new bills will be accepted after the deadline or during the Academy. During the Academy, if you want to file a resolution, you must let Leg. Council know at least 2 working hours in advance. The proper procedure to present a resolution will be to suspend the rules to bring the resolution up without setting it on calendars. If you have any questions please contact Speaker Bullock at michael@patriotacademy.com, or at

2 BILL TOPIC SHEET Abortion Aeronautics Aging Agriculture Alcoholic Beverage Regulation Alcoholism and Drug Abuse Aliens Amusements, Games, Sports Animals Arts & Humanities Business & Commerce Cemeteries Charitable & Nonprofit Organizations City Government Civil Remedies & Liabilities Coastal Affairs & Breaches Common Carriers Communications & Press Congress Constitutional Revision Consumer Protection Corporations & Associations Corrections Jails, Prisons, Parole, Probation & Pardons County Government Courts Crime Prevention Crimes Criminal Procedure Day Care Daylight Saving Time Disabilities Disaster Preparedness & Relief Economic & Industrial Development Education Elections Electronic Information Systems Energy Environment Ethics Family Fees & Other Nontax Revenue Financial Fire Fighters & Police Governor Health Care Providers Health Highways Historic Preservation & Museums Holidays Hospitals Housing Human Relations Human Services Insurance Intergovernmental Relations Interim Studies Juvenile Boards & Officers Labor Law Enforcement Lawyers Legislature Libraries & Librarians Malpractice Mental Health & Mental Retardation Military & Veterans Mines & Mineral Resources Minors Notaries Nursing Homes Occupational Regulation Oil & Gas Open Meetings Open Records Parks & Wildlife Political Subdivisions Probate Product Liability Property Interests Public Lands, Buildings & Resources Purchasing Redistricting Religion Retirement Systems Safety Salaries & Expenses Science & Technology Special Districts & Authorities State Agencies State Employees State Finances State Officers State Symbols Statutory Revision Sunset Bills Taxation Tobacco Productions Tort Reform Tourism Transportation Utilities Vehicles & Traffic Water Weapons

3 SAMPLE BILL By: Green, R. H.B A BILL TO BE ENTITLED AN ACT relating to the recitation of certain portions of the Declaration of Independence in public schools BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: Every morning of Celebrate Freedom Week, the first week of November, all students in public schools shall recite the following 56 words from the Declaration of Independence: We hold these truths to be self-evident; that all men are created equal; that they are endowed with certain unalienable rights, that among these are life, liberty, and the pursuit of happiness; that to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed. A student may be excused from participation if the school receives a written request from the parent or guardian of the student requesting that the student not participate.

4 By: Dulin, K. S.B. No. 1 (S. B. stands for Senate Bill.) A BILL TO BE ENTITLED AN ACT relating to requiring a voter to present proof of identification. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. On offering a vote, a voter must present to an election officer at the polling place, along with the voter s registration certificate, either: 1. One (1) of the following forms of identification: a) a valid Texas driver s license or personal identification card issued by the Department of Public Safety; b) a valid state or federal government issued identification, containing the person s photograph; c) a valid United States issued passport; d) a valid United States military identification, containing the person s photograph; e) a valid United States citizenship certificate, containing the person s photograph; f) a voter identification card issued to the person, containing the person s photograph. This identification card may be obtained free of charge at the person s county registrar s office or at an office of the Department of Public Safety; or 2. Two (2) of the following forms of identification a) a certified copy of a birth certificate issued to the person; b) United States citizenship papers issued to the person; c) A certified copy of the person s marriage license; d) A temporary driving permit issued to the person by the Department of Public Safety; e) A copy of a current utility bill, bank statement, government check, paycheck, other government document that shows the name and address of the voter, or official mail addressed to the person by name from a government entity; f) Any other form of identification prescribed by the secretary of the state. If the requirements for identification are not met, the voter may cast a provisional ballot by executing an affidavit stating that the person is: 1. Registered to vote in the polling precinct; and Eligible to vote in the election.

5 By: Howard of Fort Bend H.B. No A BILL TO BE ENTITLED AN ACT relating to the creation of the offense of unlawful transport or concealment of an illegal alien. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Chapter 20A, Penal Code, is amended by adding Section 20A.03 to read as follows: Sec. 20A.03. UNLAWFUL TRANSPORT OR CONCEALMENT OF ILLEGAL ALIEN. (a) In this section, "illegal alien" means a person who: (1) is not a citizen or national of the United States; and (2) is unlawfully present in the United States according to the terms of 8 U.S.C. Section 1101 et seq. (b) A person commits an offense if the person, with recklessness as to another person's status as an illegal alien: (1) transports the illegal alien in furtherance of the alien's unlawful presence in the United States; or (2) conceals the illegal alien from detection by local, state, or federal law enforcement authorities. (c) An offense under this section is a state jail felony. (d) If conduct constituting an offense under this section also constitutes an offense under another section of this code, the actor may be prosecuted under either section. (e) It is an exception to the application of Subsection (b)(1) that the offense occurred in the provision of: (1) a state or local public benefit described in 8 U.S.C. Section 1621(b); or (2) regulated public health services by a private charity using private funds. SECTION 2. This Act takes effect September 1, 2009.

6 A Principled Approach to Analyzing Legislation I. Establish the basic principles upon which you will analyze legislation (such as the free market makes better decisions than elected officials and bureaucrats, so government should not try to micromanage the economy or industry ). II. III. IV. Reading and understanding A. Read the content of the bill so that you understand the general purpose of the bill. Do not rely on the caption to explain the purpose. B. Read the bill analysis to determine what it says the bill does. 1. Determine whether you agree with how the bill analysis describes the bill. 2. Determine whether the bill analysis is complete. Make sure it covers everything the bill will do. C. Read the summary of Committee Action 1. Determine if testimony was taken in committee. 2. Determine if the bill was substituted in committee and determine how the substitute differs from the filed bill. D. Read the fiscal note for the cost of the proposal and how the bill is to be implemented. 1. Determine if the methodology used appears to be realistic. 2. Determine if the cost of the proposed legislation has been inflated or deflated. 3. Consider the cost of the proposal beyond the years included in the fiscal note. 4. Determine the number of new state employees that will be needed for implementation of the proposal. After reading the bill A. Read the affected statutes referenced in the legislation. B. Contact the author s staff, committee staff and/or agency staff for their understanding of the legislation. 1. Why is the bill being filed? 2. What problem will it solve? 3. Is there a way to solve the problem without legislation? 4. What are the perceived unintended consequences? C. Contact both supporters and opponents of the bill 1. Look at the committee report to see if any legislators voted no in committee. 2. Check the witness list for people who testified for or against the bill. 3. Contact associations for background information on the bill. Filter through the principles A. Limited Government 1. Is the bill addressing a legitimate role of government within the framework of the Texas or U.S. Constitution? 2. Is the proposal the least restrictive manner of dealing with the issue? Kathi Seay Policy Advisor State Rep. Frank Corte, Jr. January 9, 2002

7 3. Is the proposal the most cost effective way of dealing with the issue? 4. Is the taxing structure used or proposed broad-based and low rate? 5. Is government control left at the local level unless the function absolutely cannot be achieved at that level? 6. Is the bill proposing a program that is already in effect or could be done within existing law? 7. Will the proposal result in future generations being encumbered by debt? 8. Does the proposal create an entitlement? (In theory or practice) B. Individual Liberties 1. Does the bill promote self-responsibility? 2. Does the bill promote self-sufficiency? 3. Does the bill provide the equal protection of the law to all citizens? 4. Does the bill protect an individual s property from theft, loss or confiscation? 5. Does the bill protect an individual s right to privacy? 6. Does the bill undermine any constitutional rights guaranteed by the U.S or Texas Constitutions? C. Free Enterprise 1. Does the bill promote the free market system? 2. Are there minimum regulations on the industry in question? 3. Does the bill avoid giving special privileges through monopoly or coercion? 4. Are the terms of contracts left between consenting parties? 5. Does the bill encourage private business to take over areas that government has previously dominated? 6. Does the bill prevent government from competing with private businesses? 7. Does the bill protect an individual s ability to make a living? D. Traditional Values 1. Does the bill protect citizens from subsidizing government expenditures for policies that violate their moral or religious beliefs 2. Does the bill reinforce the traditional (One mother, one father, children) family as the foundation of society? 3. Does the bill reinforce parental rights over and responsibility for their children? 4. Does the bill support traditional Judeo/Christian moral values? 5. Does the bill avoid subsidizing behaviors that are contrary to traditional values? 6. Does the bill protect the freedom of religion? Kathi Seay Policy Advisor State Rep. Frank Corte, Jr. January 9, 2002