CH 14 Building the Future: Public Policies for a Changing Texas
SWIFT projects could include
building new reservoirs, fixing pipes, and developing groundwater. Twenty percent of the funds had to be directed to conservation, and 10 percent had to serve rural areas.
In 2017, the Trump administration warned sanctuary cities that they will lose federal funding due
to their refusal to cooperate with Immigration and Customs Enforcement.
center miles
total length of a road or road segments
lane miles
totals road length times the number of lanes
Higher education is
vital for an expanding and diversifying population and for a state's national and international competitiveness.
.Among the most important innovations put into place by the state legislature in the early 1900s were
were drainage districts (1905); conservation and reclamation districts, later referred to as "river authorities" (1917); and water control and improvement districts (1925).
Taxes for roads and highways are deposited in the federal Highway Trust Fund,
which provides money for highways and mass transit programs. -The Texas Department of Transportation requested $32.68 billion for 2020-21, with 88 percent of that amount for the development, delivery, and maintenance of state highway projects. -Part of the problem has been that the vast new production of oil and gas from shale in Texas has led to an increase in heavy trucks, which have damaged roads. -texas's gasoline tax is 20 cents per gallon, and the federal gasoline tax is 18.4 cents per gallon.
Funding Texas infrastructure is politically difficult.
•Tax increases are politically unpalatable. •Toll roads are unpopular.
The majority of immigrants who arrive in Texas settle in which of the following areas?
the most urban areas of the state
What do the proposed Texas bullet train and the construction of the border wall in Mexico have in common?
both require taking private land for a public project
1.Public higher education comprises
37 general academic institutions, 3 lower division institutions, 6 technical college system schools, 50 community and junior college districts with multiple campuses, one technical college system, and 10 health-related institutions. In addition, there are 38 private colleges or universities, 1 private junior college, 1 private health-related institution, and 2 private chiropractic schools.
The amount of money needed to fund Texas's roads, highways, and bridges is enormous.
-An additional $5 billion annually is needed just to keep highways and bridges in good condition.
Border Security
-Border security is one of the most contentious areas of immigration policy in Texas and nationwide. -The Texas-Mexico border is 1,254 miles long, making Texas the first point of entry for many land crossings.
The Coronavirus Challenge to Higher Education
-During the early months of the pandemic, Texas universities and colleges shifted to online instruction, which proved challenging for many students and faculty. -Most intuitions adopted a cautious reopening strategy in 2021, with social distancing and mask requirements. -With revenue-generating sporting events cancelled in 2020 and the low ranking of education on the 2021 legislative agenda, many educational institutions will face financial difficulties. 1.Many legislators expected the 2021 legislative session to be the higher education session, much as earlier sessions had focused on water, transportation, and public schools. 2.These expectations were dashed with the public health and economic crises brought on by the coronavirus pandemic in the winter and spring of 2020.
The Texas Supreme Court has nevertheless also accepted the state's authority to regulate groundwater.
-In 1949, the state legislature passed the Texas Groundwater Act, creating water districts to manage groundwater. -today, there are 99 groundwater districts. -These groundwater districts are able to protect the water supply provided by groundwater sources.
DACA
-The Trump administration rescinded the program, making the fate of the "dreamers" uncertain. -In 2018, the Texas attorney general joined authorities in six other states calling for an end to DACA. -In 2020, the U.S. Supreme Court provided a temporary reprieve for DACA recipients. -In 2020, approximately 1.3 million undocumented immigrants were DACA eligible nationwide.
immigration policy in Texas
-The federal government is responsible for securing the border, which is monitored by the U.S. Border Patrol. -recent governors have sent the Texas National Guard to aid the U.S. Border Patrol.
During the late nineteenth and early twentieth centuries, Normal Colleges were established to train teachers.
-in 1922, the first public junior college was established. -in 1941, the state began providing direct funding to junior and community colleges.
Which of the following are requirements to become a naturalized citizen?
-live in the United States for five years -prove a basic understanding of American government
Texas Dream Act requirements
-must have resided in Texas with parent or guardian while attending high school in Texas -be a graduate from a public or private high school or received a GED in Texas -been a resident of Texas for at least three years preceding the graduation or receipt of GED -provide a signed affidavit indicating the intent to apply for permanent resident status as soon as able to do so
sources of funding for public higher education institutions in Texas.
-property taxes -federal government -permanent University Fund -students -sales taxes
While most immigrants are legal residents, nearly 1.7 million of the total population is undocumented.
-the labor force in Texas depends on immigrants. -Immigrants have paid tens of billions of dollars in taxes, contributing to the Texas economy. -immigrants are also disproportionately business owners in the state. -This equates to 35 percent of the total immigrant population in the state, and 6 percent of the total state population.
supporters of bullet train
.Supporters argue that the dramatic growth of Houston and the Dallas-Fort Worth Metroplex provides justification for construction of the train.
tuition and fees
.amounts charged to students for the cost of attending a particular institution; they vary by university or community college. -The legislature reserves the right to stop or even roll back the tuition and fee schedule proposed by a university system board of regents.
Border Security pt 2
1.One of the major promises of President Trump in his 2016 election was the construction of a wall along the border with Mexico. Because of Texas's 1,254-mile-long border with Mexico, this policy is of obvious concern to Texans and has become an issue in statewide campaigns. 2.In April 2018, Congress approved $1.6 billion to build a border wall spanning 100 miles in parts of California, Texas, and New Mexico. Current plans are to build 33 miles of a wall in Texas, but it is still unclear precisely where the wall will be built. Specific locations are being considered along the border with Mexico, as landowners reported receiving letters in July 2018 requesting consent to survey their land for possible construction. 3.Due to the contentious nature of the border wall, bilateral relations between the United States and Mexico have become strained. Nonetheless, during the Trump administration the two countries and Canada entered into a new trade agreement, replacing NAFTA. This reflected US domestic political pressures, rather than improved relations with Mexico. 4.The Biden administration have reset United States-Mexico relations.
Most college students in Texas attend which of the following?
2 year public community and junior colleges
1.Today the PUF consists of
2.1 million acres of lands dedicated to it and the return on the investment of revenues from those lands. - The PUF endowment is managed by the University of Texas Investment Management Company (UTIMCO) under the authority of the UT System Board of Regents, with the land itself being managed by the Land Office. -The Available University Fund (AUF) consists of the revenue from the PUF and is used to guarantee bonds issued by the University of Texas System for various projects.
1.To expand and develop available surface water, the State Water Plan called for building
26 new major reservoirs and building new pipeline infrastructure to new points of use. -To expand production of groundwater, more wells will need to be drilled, or treatments plants will need to be built for ensuring water quality. -The cost is estimated at $53 billion, along with annual operating and maintenance costs, but cost is not the only challenge. -Environmental groups are opposed to expansion of the reservoir system, and some property owners are opposed to new conservation restrictions or penalties.
Road congestion is more than an irritant—it is expensive.
A nationwide study of highway congestion estimated that the average automobile commuter in Houston was delayed about 75 hours a year as a result of traffic congestion and that the estimated cost of that congestion in time and fuel for the average Houston automobile commuter was $1,508. -Other major cities in Texas also were estimated to have substantial costs associated with congestion.
Unlike other states, such as California, that had a comprehensive plan for expanding higher education in the second half of the twentieth century, Texas followed a more haphazard strategy.
Decisions were made often on a case-by-case basis in the legislature, addressing the needs of local communities and institutions rather than those of the state as a whole. -Ultimately, policy makers adopted two strategies to bring coordination and efficiency to higher education.
Toll roads solved a huge problem for the conservative political leadership of the state.
Funding for the roads was off-budget. The money would be borrowed for the roads based on the planned tolls that would be collected, and the roads could be built without raising the gasoline tax, which would have been overwhelmingly unpopular among voters.
The coronavirus pandemic has come to dominate policy discussions involving the future of Texas.
In June 2020, 27 percent of voters thought that the most important issue facing the state was the coronavirus. Nothing else was even close. The poll also discovered that Texans of all political persuasions were dissatisfied with how the pandemic was being addressed by state officials.
The law of capture is also found in Texas oil and gas law.
It has one important consequence: it encourages the taking resources without considering other consumers and thereby works against conservation efforts.
opponents of bullet train believe
Texas bullet train cannot be profitable and that taxpayers will wind up paying its costs. -Some opponents even oppose the reliance on Japanese train technology, believing the train will primarily benefit Japan. -Most significantly, however, many landowners in the 240 miles between Dallas and Houston are opposed to the train and do not want to sell their land. -Without the power of eminent domain, it is clear that the right of way for the bullet train cannot be obtained.
No part of Texas is known for its public transit.
Texas has a car-centered culture.
1.Permanent University Fund (PUF):
a fund created by the state of Texas from the proceeds of public lands to finance public higher education in the state at selected institutions. -In 1881, a statewide popular vote chose Austin to be the site of the University of Texas.
Members of the Texas National Guard patrolling the border cannot
arrest or apprehend individuals, but they can notify the Border Patrol if they encounter situations requiring the attention of federal authorities.
1.Texas roads are usually measured in one of two ways:
centerline miles, which is the total length of a road or a road segment, and lane miles, which are the centerline miles multiplied by the road's number of lanes. -Another measure commonly used is vehicle miles traveled, which is an estimate of road usage. -Vehicle miles traveled are calculated by multiplying the average daily amount of traffic on a road by its length in centerline miles.
Americans from other parts of the country are flocking to Texas for
economic opportunities.
In the 2017 Texas legislative session, Senate Bill 4 (SB 4)
enacted penalties for sanctuary cities.
Sheriffs and local law enforcement along the border with Mexico also cannot
enforce immigration laws, but they can communicate with federal immigration authorities regarding individuals they apprehend.
The Texas Commission on Environmental Quality enforces
environmental regulations.
vehicle miles traveled
estimate of total road usage
.Deferred Action for Childhood Arrivals (DACA):
executive order implemented by President Obama that shielded certain undocumented immigrants from deportation if they were enrolled in school, had no criminal records, and were making educational progress.
1.In the 2012 case The Edwards Aquifer Authority v. Burrell Day and Joel McDaniel, farmers argued they had the right
farmers argued they had the right to water from an aquifer based on their ownership of land above it. -The unanimous decision says the state can regulate groundwater production, but groundwater in place is owned by the landowner on the basis of oil and gas law.
Funding for roads and highways comes from
federal and state sources. •The largest source of funding is the federal government.
1.Groundwater is water that
flows, or "percolates," underground. Modern groundwater law was significantly influenced by the Texas Supreme Court case Houston and Texas Central Railroad Company v. East (1904), in which the court employed the law of capture.
naturalized citizen
foreign-born individual who becomes a citizen through a process involving examinations and demonstration of good moral character.
.A severe drought from 1950 to 1956 was ended in 1957 by
heavy rains that resulted in massive flooding in the state. -As a result, 253 counties were declared disaster areas. - This experience led to calls throughout the state for a permanent planning and policy agency.
What 60x30TX didn't do (and really couldn't do),
however, was spell out how public universities might manage the institutional and financial constraints in Texas that made it difficult for other universities to become recognized as topflight universities in the image of the University of Texas at Austin or Texas A&M University. -1.It will be hard to meet the goals of 60x30TX without a significant rethinking of how to coordinate and fund higher education in the state. Without additional state funding (or significantly higher tuition), it likely will be difficult to compete with the educated workforces of other states.
.In addition to immigration, higher education in the state also faces important challenges, given that state funding for higher education has not
kept up with the state's booming population growth. Droughts have also challenged the ability of local governments to provide safe, clean, and reliable water to residents.
Most policy makers recognize that transportation problems, immigration and border issues, education policy, and water needs are the
key issues facing Texas. -Yet the public does not view some of these issues as important—water, education, and health care are not high on people's priority lists. -Unless decision makers take the lead to highlight these problems and mobilize the public, the future of Texas will be a less educated citizenry facing traffic congestion and water shortages.
Texas Dream Act
law passed in 2001 allowing undocumented immigrants living in Texas to pay in-state tuition rates at public universities.
Normal Colleges or Schools were established across the United States in the nineteenth century out of
local and regional demands to increase the number of primary and secondary teachers. Normal Colleges were the predecessors to twentieth-century teachers colleges.
sactuary cities
localities where sheriffs have decided not to share information regarding the arrests of undocumented persons with federal immigration authorities.
The Water Rights Adjudication Act (1967) expanded the state's ability to
manage surface water use by granting water rights. -merged water rights doctrines into a unified permit system, whereby individuals seeking water rights must file a claim with the Texas Commission on Environmental Quality.
Demographic shifts in Texas have made the issue of immigration more salient.
more salient.
The American Immigration Council estimates that
nearly 3 million immigrant workers composed 22 percent of the state labor force in 2015, and the Pew Research Center estimates that 8.5 percent of the workforce in the state is composed of undocumented immigrants.
K-12 public education is available to all Texans regardless
of their immigration status
The high-speed rail project between Dallas and Houston is only
one of three such projects in the United States that is in advanced stages of development. -The other high-speed rail projects include a project connecting LA and San Francisco and a project connecting Miami and West Palm Beach.
university systems
organizations in the state that coordinate the activities of various universities, medical schools, and special agencies involved in higher education and research.
Only 1 percent of Texans relied on
public transportation, 1 percent on bicycling, and 2 percent on walking. -On average, Texans drive their personal vehicles an astounding 17,321 miles a year.
In an attempt to address the needs of non-PUF schools, constitutional amendments were passed in 1984 and 1993 establishing a
second fund for higher education for universities, health-related institutions, and the Texas State Technical College that were not included in PUF funding. The idea for the HEF mirrored that of the PUF.
Derived from three sources—Spanish law, traditional English common law, and statutory law—Texas law recognizes
several legal classes of water rights for surface water and groundwater that are governed by different rules.
special items
special pieces of legislation passed to support particular programs or building projects at state universities outside normal funding mechanisms. -Over the years, universities have come to rely upon these special items as a way to initiate new programs and expand others.
Immigration has dominated the headlines in recent years, with many Texan politicians calling for
stricter immigration controls and harsher punishments. -For example, in 2014 former governor Rick Perry sparred with the Obama administration by claiming that the federal government was not adequately protecting the border from illegal immigration and smuggling. He used his authority as governor to push for "Operation Strong Safety," a program aimed at investing $18 million per month of state funds to increase security along the border.
What is the oldest of the university systems in Texas?
the Texas State Univertiy System
The Texas water supply faces many challenges.
the drought of 2011-14 was the worst in the history of Texas. -It damaged the state's prosperity, causing dust storms in the Texas Panhandle (top) and drying lake beds throughout the state. -Many of the state's cities were put on various levels of water emergencies that restricted use.
Which significant event triggered the rapid and continuing growth in the demand for higher education in Texas?
the end of WW2
Complicating water policy in the state are Texas's diverse climate, which makes water-related issues different for different regions in the state, and
the fact that various regions have periodically experienced severe droughts and devastating floods.
For groundwater, the Texas Supreme Court adopted a notion called the law of capture:
the first person "to capture" the water (or oil) by pumping it out of the ground and using it owns the
Texas roads are showing their age; they need maintenance and enhanced safety features.
•24 percent of Texas's major roads are in poor condition. •50 percent of state bridges have been in service for over 40 years. Many are either "structurally deficient" or "functionally obsolete." •Congestion of roadways has become a major problem. •Road congestion is more than an irritant—it is expensive. •Total congestion costs for Texas metropolitan areas are over $14 billion per year.
Water is the lifeblood of Texas.
•59 percent of the water used in Texas comes from aquifers (underground pools of water). •The vast majority, 60 percent, is used in irrigation. •The rest comes from surface sources.
Texas is a driving state.
•93 percent of Texans have a personal automobile or motorcycle. •The Texas highway network is the nation's largest. •The state highway network includes almost 73,000 centerline miles and more than 180,000 lane miles. •Centerline miles, lane miles, and vehicle miles traveled are all measures used in relation to Texas roads. -The growth of Texas, especially the growth of the state's cities, has led to major issues involving transportation.
•Higher Education Fund (HEF):
•Addresses the needs of non-PUF schools. •Supported by general revenue monies. -a fund supported by general revenue monies to finance public higher education for non-PUF institutions.
Texas's water consumption is projected to increase from 18 million acre-feet per year in 2010 to about 22 million acre-feet per year in 2060.
•At the same time, existing supplies are expected to decrease by 10 percent.
A Texas Supreme Court decision in 2012 sparked a firestorm of controversy.
•Based on the ruling, Texas could reasonably regulate aquifer use in the public interest but might have to pay property owners for damages incurred. •This had serious implications for efficiently allocating and conserving water in Texas.
The Texas bullet train:
•Depends on private investment and federal loans. •Relies on Japanese train technology. •Will travel at speeds as fast as 205 mph. •Will make the trip between Houston and Dallas in 90 minutes. -The Texas bullet train remains controversial.
The Texas Water Development Board (TWDB) is the primary water-planning and water-financing agency in Texas.
•Develops Texas's water resources, maintains quality, and assures equitable distribution of water rights. •Is composed of a six-member board, serving six-year terms, each from a different part of the state.
Cities and localities have attempted to deal with undocumented immigration by passing local ordinances.
•Farmers Branch passed an ordinance requiring property owners to verify that their tenants were legal residents. •Austin became a sanctuary city.
The TWDB's State Water Plan of 2012 proposed strategies for meeting water needs.
•Focused on conservation. •Emphasized expanding and developing available surface water.
Cities such as Houston have been developed with cars in mind.
•For about 70 percent of the population in Harris, and surrounding counties, transit access is poor, and more than half the population has no meaningful bus service. -The very low use of public transit, especially by those in the metropolitan areas, leads one to question the overall value of public transit as a solution to the increasing traffic congestion problems in Texas urban areas. -2.Perhaps if there were more public transit available, more people would use it. And perhaps as congestion increases, there will be more use of public transit. For now, however, public transit seems to be having little effect on driving habits in urban Texas.
• Higher education is big business in Texas.
•For the 2020-21 biennium, $18.7 billion was appropriated to support public higher education in Texas.
Funding higher education in Texas is complicated, and funds come from several sources.
•Formula funding is based on enrollments and semester credit hours; formulas are recommended by the THECB, and the legislature makes the final decision.
Additionally, immigrants from all over the word continue to come to Texas.
•In 2018, 17 percent of the state population was foreign-born; these residents can go through the process of becoming naturalized citizens. •66 percent of immigrants in Texas are from Latin America; 23 percent are from Asia. •This diversity is most reflected in the state's major metropolitan areas.
Many groups challenged SB4, claiming that it would:
•Increase racial profiling. •Lead to underreporting of crimes. •Go after "cooks and nannies, not hardened criminals." -Governor Abbott and Attorney General Ken Paxton have vowed to defend the law in court, claiming it is constitutional and necessary to ensure public safety. The politically charged and controversial issue of sanctuary cities will likely continue to be debated nationally and in Texas.
The state is also changing in other profound ways:
•Increasing demographic, economic, and political diversity. •Straining infrastructure. •Higher education faces important hurdles. •Droughts and other natural disasters have caused major challenges in recent years.
•Permanent University Fund (PUF):
•Relies on proceeds from public lands; 2.1 million acres. •Provides extra funds, above monies from tax revenues, to the UT System and the Texas A&M System.
in the second half of the twentieth century, policy makers followed two strategies to administer public education:
•Six university systems were created around the state to provide coordination and efficiency. •Regulatory agencies were established; currently the Texas Higher Education Coordinating Board (THECB) oversees all public postsecondary education.
The TWDB estimates groundwater supplies will decline by 30 percent from 2010 to 2060.
•The Ogallala Aquifer and the Edwards Aquifer are estimated to decline by 50 percent during this time period. -Texas water law itself may be one of the most intractable problems that water planners may have to face in coming years.
Public higher education was slow in coming to Texas.
•The Republic of Texas had set aside 50 acres of land for the establishment of a university, but little else was done. •The Constitution of 1876 created a Permanent University Fund and called for the establishment of the University of Texas. •Texas's most prestigious universities (UT and A&M) have their origins in the state constitution; other institutions emerged from the needs of local communities.
Securing the border is both difficult and controversial.
•The Trump administration advocated building a border wall. •In 2018, Governor Abbott deployed the National Guard to help secure the border. • In 2018, many undocumented children were detained and separated from their parents.
In 2013, voters approved a constitutional amendment creating a $2 billion water fund.
•The bulk of the monies came from the Rainy Day Fund and were transferred to the State Water Implementation Fund for Texas (SWIFT). •Water development projects under SWIFT would generate revenue that could be used to fund more water projects.
The funding is insufficient to meet the need (roads and highways)
•The costs of road construction and repair have vastly outpaced the rate of inflation. •Greater numbers of heavy trucks have exacerbated damage to roads. •Texas's gasoline taxes are among the lowest in the nation. •Federal and state gasoline taxes are not indexed to inflation. •There have been significant increases in fuel efficiency, so people are not buying as much gasoline as they once did. The coronavirus pandemic exacerbated these financial difficulties.
In 2015, a new 15-year strategic plan called "60x30TX" was released by the THECB.
•The number of Texans between 25 and 34 with a certificate or degree will rise from 41 percent in 2015 to 60 percent in 2030. •The number of individuals with a higher education degree or certificate will rise from 311,340 in 2015 to 550,000 in 2030. •All graduates by 2030 will have completed programs with identified marketable skills. •By 2030 undergraduate loan debt will not exceed 60 percent of first-year wages for graduates of public institutions.
Recent decades have seen an enormous expansion of higher education in the number of both schools and enrollments.
•These institutions serve distinct geographic areas, providing a skilled workforce. -In 2018, almost 1.71 million students were enrolled in colleges or universities in Texas.
