LEGISLATURE CONVENES ON TUESDAY

EQUALITY TEXAS' STRATEGIC PLAN

EQUALITY TEXAS' LEGISLATIVE AGENDA

CALL TO ACTION

CONTRIBUTE

 LEGISLATURE CONVENES ON TUESDAY

The 81st Regular Session of the Texas Legislature convenes at noon on Tuesday, January 13th. For the next 140 days, the 31 members of the Texas Senate and the 150 members of the Texas House of Representatives will consider legislation that has a direct impact on the lives of 23.5 million Texans.

At Equality Texas, we envision a state where all 23.5 million Texans are treated equally, with dignity and respect.  During session, and as we do every single day, Equality Texas will aggressively advocate and lobby for the elimination of discrimination based on sexual orientation and gender identity/expression. We must, however, be realistic in our expectations and strategic in our actions.

As we reported to you last week, Rep. Joe Straus of San Antonio is expected to replace Rep. Tom Craddick as Speaker of the House.  While it is not possible to predict what a Straus-led House will do, we are cautiously optimistic that the new leadership will move away from divisive, wedge-issue, "culture war" politics.  We are hopeful that representatives will have to demonstrate support for their bills in order to get them through the committee process and on to the floor.  With a 76-74 Republican-Democrat split, we expect that whip counts will be more important than in the past to show support for legislation.

Both conservative and progressive legislation may have more of an opportunity for consideration if the new speaker allows more delegation of authority to the committee process.  The upcoming assignments of committee chairs and committee members will be critical to all the work that happens in the House.  Generally, the Appropriations and Calendars committees are the most important as they affect legislation across the board.  Committees with specific relevance to Equality Texas issues include Public Education, State Affairs, Government Reform, and Human Services.


EQUALITY TEXAS' STRATEGIC PLAN

In February 2008, Equality Texas began a member-driven strategic planning process to set the goals and objectives of the organization for the next five (5) years.  Through surveys, interviews and focus groups with members, donors, collaborators, faith leaders, heterosexual allies, elected officials and other stakeholders, an assessment was undertaken to (i) gather the data needed to understand the current organizational operations, (ii) assess the knowledge and attitudes of stakeholders, and (iii) identify the perceived role of Equality Texas in the social and political landscape of civil rights advocacy on behalf of lesbian, gay, bisexual and transgender Texans.

In the fourth quarter of 2008, Equality Texas began implementation of this comprehensive strategic plan. 

Goal #1: Engage and activate Texans in support of equality for Texans of all sexual orientations and gender identities/expressions.

Equality Texas will demonstrate that its pro-equality values and vision are shared by the people of Texas and will continue to measure support for its organizations' goals.  Equality Texas will implement programs that engage and activate Texans and partner organizations to achieve these goals.

  • Objective: Equality Texas will engage in statewide polling of general population attitudes and opinions of lesbian, gay, bisexual and transgender people and issues.  This first comprehensive polling of Texans will occur in mid-2009, and will be used as a benchmark.  Polling will continue at least every two (2) years.  Polling results will direct the allocation of resources to those that are persuadable, moveable, and that can be engaged as advocates.

Goal #2: Achieve equality under the law for Texans of all sexual orientations and gender identities/expressions.

Equality Texas advocates and lobbies for nondiscrimination, safe schools, relationship recognition, and family & child welfare through legislative initiatives in odd-numbered years and regulatory/administrative initiatives in even-numbered years.

  • Objective #1: Defeat all discriminatory legislation based on sexual orientation and/or gender identity/expression in the 2009 and 2011 legislative sessions. 
  • Objective #2: In 2009, achieve passage of at least one (1) pro-equality bill through the House.  In 2011, pass at least two (2) pro-equality bills through the House and enact one (1) of those bills into law.
  • Objective #3: Secure at least one legal protection through the regulatory process for state government employees and one for all Texans in 2008, 2010 and 2012. [2008 - Bill of Rights of Children and Youth in Foster Care.]
  • Objective #4: Secure enforcement of all enacted pro-equality legislation and regulatory/adminstrative policies.
  • Objective #5: Achieve passage of local protections in at least one major municipal community in 2010 and in 2012, and support additional municipal efforts.
  • Objective #6: Support strategic legislative initiatives on the federal and municipal levels that leverage our statewide pro-equality agenda.


EQUALITY TEXAS' LEGISLATIVE AGENDA

 

Equality Texas is working with our legislative allies to draft and file specific bills that are important to our members and that address issues with specific language that we have researched and proposed. 

Three (3) bills were pre-filed and two (2) bills have been filed since the session convened.  Additional bills have been drafted and submitted for review by Legislative Council, and others are waiting to be filed once House committee assignments have been announced. 

 

Bills Pre-Filed

Relationship Recognition:

HB 353 - Relating to certain health care rights of domestic partners. 

Author: Rep. Eddie Rodriguez (D-Austin)

Would establish authority for domestic partners in medical decision making.  Provisions of this comprehensive medical decision making bill include:

  • Grants a domestic partner status to make decisions, in the absence of the patient's ability, concerning end of life care, medical decision making, hospital visitation, organ donation, disposition of remains, and consent for autopsy;
  • In an emergency situation, a hospital must accept a good faith representation of the existence of a domestic partnership;
  • Domestic partnership is one in which the partners agree to a relationship of mutual interdependence and care, maintenance and support;
  • Visitation rights also apply to the children of a domestic partner.

View the bill text.

Nondiscrimination:

HB 197 - Relating to prohibition of certain insurance discrimination.

Author: Rep. Roberto Alonzo (D-Dallas)

Currently, insurers cannot discriminate based on race, color, religion, national origin, age, gender, marital status, geographic location, disability or partial disability. HB 197 would expand the prohibition of discrimination to include sexual orientation and gender identity/expression.

Discrimination includes refusing to insure, charging a different rate, or limiting coverage in amount, extent or kind because of bias or prejudice.

View the bill text.

Nondiscrimination:

HB 538 - Relating to the prohibition of employment discrimination on the basis of sexual orientation or gender identity/expression.

Author: Rep. Michael Villarreal (D-San Antonio)

Equality Texas worked with Rep. Villarreal's office to draft language which would prohibit discrimination in employment based on sexual orientation and gender identity/expression. In 2007, Rep. Villarreal filed an omnibus nondiscrimination bill, HB 900.  The 2009 bill takes an assertive new approach which would incorporate sexual orientation and gender identity/expression into all existing labor code sections dealing with nondiscrimination, treating them equally with race, color, disability, religion, sex, national origin, or age.

View the bill text.

Bills Filed 

Hate Crimes/James Byrd Jr. Hate Crimes Act:

HB 616 - Relating to a study regarding the effectiveness of the James Byrd Jr. Hate Crimes Act. 

Author: Rep. Marc Veasey (D-Fort Worth)

Equality Texas worked with Rep. Veasey's office to draft language which would require the Texas Attorney General to conduct a study to examine the success of the James Byrd Jr. Hate Crimes Act and identify barriers to the effective use of, and prosecution under, the Act.  Similar legislation was filed by Rep. Veasey in the 2007 session [HB 2612].  In 2007, the bill obtained two (2) additional authors and six (6) co-authors; it was left pending in the Criminal Jurisprudence Committee. 

View the bill text.

Relationship Recognition:

HB 861 - Relating to the authority of certain university systems to provide benefits to certain qualified individuals.

Author: Rep. Elliott Naishtat (D-Austin)

Equality Texas worked with Rep. Naishtat's office to draft language which would expand access to insurance/health benefits for employees and faculty of the University of Texas and Texas A&M University systems by adding a new category of dependent that includes "qualified other individual".

View the bill text.

Bills To Be Filed

Safe Schools for All Youth:

HB xxx - Relating to the reporting of incidents of bullying/harassment at public schools and at public school activities.

Author: Rep. Mark Strama (D-Austin)

Equality Texas worked with Rep. Strama's office to draft language which would establish reporting standards for school districts to report incidents of bullying/harassment to the Texas Education Agency.

Relationship Recognition:

HB xxx - Relating to end of life decision making.
HB xxx - Relating to advance directives and their enforcement.

Author: Rep. Donna Howard (D-Austin)

Equality Texas worked with Rep. Howard's office to draft language on end of life decision making and enforcement of advanced directives.  This language has been submitted to Legislative Council by Rep. Howard.  The language has been separated into two (2) bills: one governing end of life decisions, including those made by a "long-term intimate partner", and one to make advance directives more enforceable.

Other Bills

Equality Texas is working with other legislators on additional pieces of legislation in the areas of school safety, family & child welfare, relationship recognition, gender identity/expression, nondiscrimination, and hate crimes.  These efforts include additional allies, including Representative Garnet Coleman.

Efforts to defeat discriminatory bills and amendments will remain one of Equality Texas' highest priorities.  After passage of a ballot initiative in Arkansas prohibiting adoption and foster care by single people, Equality Texas will dedicate resources to defeat similar efforts in Texas.


CALL TO ACTION

To be successful, Equality Texas' professional lobbying efforts must be backed up by popular support.

There are several things that representatives understand - one of the most powerful is the understanding of what their constituents want passed.

Over the next 140 days, there will be multiple opportunities for you to let your state representative and your state senator know what you want passed.  Please don't miss a single opportunity to communicate what you want. 

  • When Equality Texas asks you to "Take Action" on an e-mail alert, please do so. 
  • Please forward these e-mail Action Alerts to others who believe in our vision of a state where all Texans are treated equally, with dignity and repect.
  • Please come to Austin on Texas Independence Day, March 2nd, for Equality Texas Lobby Day.  Lobby Day provides the opportunity for hundreds of face-to-face discussions between real people who support equality and those elected to represent them. It is a transformative and empowering experience you should not miss.  For more information on Lobby Day, please click here.

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