2006 Policy Orientation Panel Summaries

 

  

Special Session Challenge: Connecting Teacher Salaries and Quality with Student Achievement

In late 2005, the Texas Supreme Court ruling on West Orange-Cove threw down the gauntlet for state policymakers—public schools must be overhauled for the legislature to fulfill its constitutional obligation for establishing efficiency. The court explicitly challenged the legislature to improve educational quality by providing better pay for teachers. Senator Florence Shapiro, chairman of the Senate Education Committee, addressed the need for the legislature to provide market-based salaries for public school teachers and to align better pay with educational results. Dr. Eric Hanushek, Texas Schools Project and the Hoover Institution, described the research connecting teacher salaries, teacher quality, and student achievement, and identified how this research can be used to shape state policy reform. Dr. Theodore Hershberg, University of Pennsylvania's Operation Public Education, identified the necessity for developing a comprehensive, long-term plan for improving teacher quality that includes holding teachers accountable for helping students achieve academic gains, value-added assessments, professional development to enhance instruction, career opportunities that keep good teachers in the classroom, a simplified salary schedule, and opportunities for all teachers to earn a salary that competes with similar professions. Richard Kouri, Texas State Teachers Association, identified acceptable forms of differentiated salaries for teachers, and warned against basing salary supplements on the results of a teacher's work.


 

School Districts and Education Dollars: Looking for Results

The Texas Legislature faces a June 1, 2006 deadline for finding new state revenue for funding public schools and lowering reliance on local property taxes. As state policymakers consider tax reform, they must heed the Texas Supreme Court's warning about their responsibility to improve the efficiency of Texas public schools. Senator Jeff Wentworth, author of the HB 2 provision establishing a standard for schools to direct 65 percent of operational spending on classroom instruction, addressed the need for districts to prioritize spending on student learning as a fundamental requirement for improving the efficiency of school spending. Representative Bill Keffer, who advocates crafting the school finance system around the legislature's constitutional obligations for funding public education, explained how defining constitutional terms can improve public school efficiency and reduce the state's vulnerability to lawsuits. Dr. Zena Rudo, Southwest Educational Research Laboratory, described the research on Texas public schools showing how resource allocation can improve school district efficiency, and identified how increasing the proportion of school district spending on classroom instruction improves student outcomes, particularly for economically disadvantaged students.

 


Protecting Private Property Rights after Kelo

Perhaps no Supreme Court decision in the last 50 years has set off a public furor like Kelo v. New London, which allowed the city of New London, Connecticut, to seize the homes of Suzette Kelo and others to make way for a new commercial and residential development. Sen. Kyle Janek, author of SB 7, the eminent domain reform legislation passed last summer, said that Texans need to continue looking into this issue to ensure that Kelo-style takings do not occur in Texas. Rep. Beverly Wooley, house sponsor of SB 7, echoed his call for vigilance. Larry Casto, director of legislative affairs for the City of Dallas, cautioned against a too aggressive response to Kelo. Scott Bullock, senior attorney with the Institute for Justice, who argues Kelo before the U.S. Supreme Court, discussed many examples of eminent domain abuse around the country and the need to address problem areas in Texas such as using blight designations to seize private property.

 


The Future of Texas Telecommunications

Representative Phil King, chairman of the House Regulated Industries Committee, kicked off the panel with a comprehensive overview of where the regulation of the telecommunications industry is headed over the next few years. Paul Hudson, chairman of the Texas Public Utility Commission, discussed the interim work the commission is offing on Universal Service and other telecommunications issues. Dr. Jerry Ellig, with the Mercatus Center at George Mason University, presented research he did for the Foundation and explained the benefits of deregulating the industry. Ray Gifford, president of the Progress and Freedom Foundation, explained why the advance and convergence of differing technologies is rendering the old regulatory regime obsolete.

 


Is The Free Market Working In Homeowners Insurance?

This panel examined the impact of recent free-market reforms to the homeowners’ insurance market and the challenges facing the industry today. Ernst Csiszar, president of the Property Casualty Insurers of America, discussed the beneficial effects of free market reforms across the country, specifically in South Carolina, where he had previously serviced as Insurance Commissioner. Representative John Smithee, chairman of the House Insurance Committee, listed several unique characteristics of the homeowners’ insurance market that he believes requires regulatory oversight. Mike Geeslin, Texas insurance commissioner, explained the balancing act that the Texas Department of Insurance performs to allow free market forces to operate while providing the oversight mandated by law. Finally, Patrick Brockett, director of the Risk Management and Insurance Program at the University of Texas, provided findings from his research that showed the tremendous consumer benefits from a regulatory system focused on solvency and conduct that lets the market set prices.

 


Prescription for Medicaid: Principles and Practical Solutions

This panel explored Medicaid, offering principles and solutions to the growing Medicaid crisis. State Representative Dan Gattis put the issue into perspective, highlighting the program’s pressure on the state budget and the balancing act state lawmakers face each session. Michael Cannon, CATO Institute, highlighted the costs, both seen and unseen, estimating the total at more than $400 billion a year and advocated for a federal block grant to remove some of the politics of Medicaid funding. Jim Frogue, Center for Health Transformation, highlighted the need to transform Medicaid using a more patient-centered approach and the importance of technology in all health care. Frogue memorably noted that Hurricane Katrina destroyed countless medical records and sent patients to seek care without their compiled medical history, while a Jiffy Lube in Houston could locate the vehicle service records of the same person’s car without difficulty. Secretary Alan Levine, Florida, Agency for Health Care Administration, provided highlights of Florida’s Medicaid waiver and the importance of reform, arguing that the current system delivers poor care and prevents recipients from making important choices about their care.

 


What’s Wrong With Health Care?

This panel provided a brief explanation of the many challenges facing our health care system. State Representative Dianne White Delisi, chairman of the House Public Health Committee, focused on the demographic challenges facing the state with an aging population, noting that the budget pressures of education and health care are really about balancing kindergarten and nursing homes. Dr. Charles Van Eaton, Bryan College, highlighted the impact of third-party payment on the cost of health care and its role in insulating both patients and providers from the real cost of care. Dr. John Goodman, National Center for Policy Analysis, asked the audience to think about why services—like email and phone consultations—common to other aspects of their lives are not common in health care, noting again the impact of third-party payment, as well as lack of competition and an inefficient financing arrangement. Michael Cannon, CATO Institute, highlighted the importance of competition in reforming health care, and the importance of competition to drive quality up and keep cost down.

 


Tax & Expenditure Limits: Where Do We Go From Here?

The panel led off with Senator Tommy Williams explaining how state revenues from the sales tax have grown greatly since 1978—more than keeping up with inflation and population. Though the Senator reassured everyone that he is a supporter of tax and expenditure limits, he showed Medicaid’s astronomical growth in the state budget, summarizing that we can do little to effectively cap spending until we get respite from the federal government in Medicaid. He went on to say that at the local level, governments are taxing people out of their homes. He explained that the current rollback rate is 8 cents and should be scaled back to 5 cents and the rollback process should be simplified. Susan Spataro, Texas Association of Counties, countered that counties are restricted in their actions by state statute and the constitution. She continued to explain that counties are very dependent on the property tax because that is the major source of funding allowed by law, but counties run the courts and the jails and these are expenditures they cannot directly control. Economist Barry Poulson, Ph.D., noted that Texas’ state expenditure limit is ineffective with the limit keyed to personal income growth. At the same time, Texas has the 12th highest property tax burden in the country. Our local property tax limit hasn’t worked well either. Along with the high potential growth before a rollback election can occur, the rollback process itself presents a large burden. Reforms such as the Taxpayers’ Bill of Rights are about giving citizens an effective voice in determining how much they will be taxed, noted Poulson.

 


Tax Fairness: Rhetoric or Reality?

Senator Tommy Williams opened the panel by announcing his absolute opposition to an income tax in Texas. He pointed out that the sales tax is as stable as any other, and other taxes are just a way to grow government. He said that Texas should also abolish the franchise tax. Representative Jim Keffer reviewed recent attempts to achieve tax reform and said the House has tried to keep a fair balance. The main thing is to reduce property taxes. Scott McCown, Center for Public Policy Priorities, stated the importance of government, especially in education, and that appropriate taxation is essential. He noted that the Supreme Court has said Texas has a statewide property tax due to a lack of meaningful discretion and that can be addressed, but it will cost money. The tax system, though, is regressive and this hinders movement into the middle class. Ultimately, we cannot raise enough money with regressive taxes. John Fund of the Wall Street Journal pointed out that people believe in more limited taxation. He has lived in California and New York where the negative effects from high taxes and big government are obvious. Fund asked where more taxes and progressive taxes have ever grown the middle class—but there is no such state or nation. Fairness, he maintained, is not the major issue. Not all will agree on what is fair. Instead, the focus should be on a tax system that is simple, comprehensible, and transparent. It’s good that the property tax is unpopular—due to its transparency—because it keeps taxes low. The sales tax is transparent. The income tax is not transparent.

 


Transportation: Stopping the Transfer

Representative Mike Krusee described the legislative temptation to raid the transportation fund to provide money for non-transportation programs. He explained that the protests regarding toll roads are understandable but that the funding for roads is not available without them. The prospects for increasing the fuel tax are nil. Dallas County Judge Margaret Keliher illustrated the amount of funds being pulled from the transportation fund for other areas such as law enforcement and courthouse renewal. She also illustrated how much additional roadway could be constructed with these missing funds. Houston businessman and civic leader Michael Stevens made a similar presentation to that of Judge Keliher but dramatized just how far behind Texas is regarding its road needs with the number of miles traveled in the state increasing far faster than the number of lane miles of roadway. He agreed with Representative Krusee that toll roads are necessary under current circumstances. Transportation Commissioner Ric Williamson made an intellectual case for toll roads and commented that he was one of the earliest members of the legislature to raid the transportation fund in creative ways. This, he said, is not going to end. Besides, the transportation fund cannot provide the means to solve our transportation problems. We must rely on toll roads and we must make better use of the funds we have by funding an efficient system and the most needed projects.

 


Beyond the Big House: Better Alternatives to Prison

This panel began with a sobering statement of the problem. If policy changes are not made, House Corrections Chairman Jerry Madden estimated that another 14,000 prison beds will be needed by 2010, with construction costs alone of over $1 billion. Geraldine Nagy, Travis County Director of Adult Probation, discussed her implementation of best practices to reduce prison revocations, such as progressive sanctions, a lower ratio of probation officers to probationers, and more house visits. Judge John Creuzot described his innovative drug court in Dallas County, which has reduced recidivism from 61 to 17 percent. Finally, Rob Kepple, Executive Director of the Texas District and County Attorneys Association, offered support for expanding drug courts, intensive probation, and other reforms to reduce incarceration, but warned that, while such changes will save money over the long haul, the legislature must make provisions for transition costs because such effective alternatives, though much less expensive than prison, cost significantly more than traditional probation.

 


Water: Are We Leaving the Future of Texas High and Dry?

Texas has reached a crossroads in the way it provides and manages water resources. With the population expected to double in a matter of decades, and with our water supply limited and allocated to other uses, the era of cheap and abundant water is over. New ways to provide this critical resource must be found. Kevin Ward, Executive Director of the Texas Water Development Board kicked off the panel by discussing the history of water management in Texas. He outlined the state's water plan, and then discussed the immense cost in building the infrastructure necessary to move forward on the plan. Next, Dr. Ron Kaiser, Texas A&M University, spoke about the importance of the free market and the private sector as it relates to future water policy. He noted that any bargaining should be done based on protected private property rights. Next, Senator Ken Armbrister, chairman of the Senate Committee on Natural Resources, outlined the legislation he authored last legislative session and discussed the importance of moving forward immediately on planning for our future water needs. Finally, former Senator J.E. "Buster" Brown, author of SB1 and SB2 establishing the Water Plan for Texas during previous legislative sessions, gave a brief history of water legislation in Texas. He concluded by discussing next steps.

 


School Choice: Free Parents, Achieving Children?

The United States is alone in the industrialized world in not having some form of school choice. Dr. Jay Greene of the University of Education Reform began the panel by reviewing the recent decision in Florida, striking down one of their voucher programs. He then touched on the research supporting the effectiveness of the school choice in improving academic performance. Brock Gregg of the Association of Texas Professional Educators described their concerns about school choice, suggesting instead that more funds and efforts should be directed at improving public education. Next, Dr. James Leininger described his concern for children trapped in failing schools, relating personal incidents as an emergency doctor and later as a businessman. He pointed to the success of the private voucher program he and his wife funded in improving education for children in the Edgewood School District, in San Antonio. Finally, Texas Railroad Commission Chairman Michael Williams discussed his family's history in public and private education, and said giving parent more academic choices will help improve education overall, while also increasing the economic competitiveness of the state.