- How does the state’s constitutional ban on a statewide property tax affect the legislature’s ability to spend more on public schools?
According to the layers ruling, the state’s public school funding system as constitutional is unconstitutional in a variety of ways. One, the legislature has failed to provide the district with enough funding to make sure that all the students meet the state’s educational standards. Also, there is a disparity when it comes to the property wealth and property-poor school districts, which a majority of the school district have to tax higher to provide primary education. This ultimately violates the conditional ban on the statewide property tax.
The needs of students are growing each day, and more children are being served in special education after the state eliminated the 8.5% limit. With the local property taxes covering the state cut gap, enrolment growth, learning needs, and higher education, for the district to keep up with this and allow the school to reduce the taxes, the house passed the school finance plans to enable the restoration of the state aid. However, the Senate did not.
Having billions less in the state money to run the school and pay the teachers, the Texas residents will pay a high school property tax. The net value will instead fund the state budget and state charter schools.
It clear the legislation did not know the extent of seriousness the decline would cause. The finance department in schools and the legislature must improve on their transparency to ensure that the system does not apply an unconstitutional statewide property tax. As taxpayers, people expect value for the school district’s operation taxes will benefit the school’s operations. Both the taxpayers and the parents should demand the legislature to stop diverting the state aid and devaluing local property taxes at the expense of the children in the Texas school district.
- How will this ruling affect Texas’s ability to collect on the franchise tax in the future?
The ruling on the ruling of the state’s public school funding system as constitutional issued will result in relief to the state’s business franchise tax. This leaves a lot of companies in victory; however it uses a narrow definition of the cost of goods, which does not apply to a majority of the taxpayers. If the state keeps collecting the franchise taxes the same way, this would cost the state billions of money. This ruling does not pose a threat to the franchise revenue as compared to the previous decision.
For instance, when the AMC theatres sued the state over being taxed goods that are referred to as non-taxable goods. This ruling would result in the state refunding approximately $6 billion to different businesses and a $1.5 Billion annual reduction in the state franchise taxes. The AMC, for instance, takes into account the movies and contends all of its costs for space should be included in the costs of goods sold. However, the comptroller argued that AMC was selling an intangible property and service ad, therefore, should be considered tangible personal property.
To determine the franchise taxes just like other businesses, the AMC will subtract its cost of goods sold from its total revenue and pays taxes based on the difference. The high costs lower the amount being taxed. In the AMC case, they included the cost of exhibiting the movie in calculations. This will be a win for the company as they will receive a $1.1 million refund for taxes it had paid prior. In total, the state will refund $1.2 million, including the penalties and interest. Other taxpayers who would want a refund of their franchise taxes will have to narrow the definition of the tangible personal property to get the funds.
- Consider the conditions that prompted the parole board to recommend and the governor to grant clemency. Do you agree or disagree with Governor Abbott’s decision to commute the sentence of Thomas Whitaker? Explain your answer.
I agree with the governor’s decision to grant Whitaker clemency. The conditions allowed the governor to offer the pardon as although he shot his family members; he was very remorseful. I understand it is scarce for a death row prisoner to be granted the clemency, but it gives inmates hope that they, too, can be released. According to one of the standards for considering clemency, petitioners are their character, reputations, and how they conduct themselves in prison. Thomas has demonstrated the responsibility of leading a productive life after prison based on the information on the letters sent to the parole board. They all mentioned that he was the right person; the other death row inmates and correctional officers had sent a message to the parole board. They all praised his excellent character and saying he was a good role model in prison and that he had helped other death row inmates. Also, the fact that Thomas had accepted his actions as essential to put into consideration. It is difficult not to think about all the bad things he did, but it’s fair to treat the inmates equally regardless of their crimes. Kent Whitaker, the father was always fighting for his son’s clemency, he pleaded with the parole boards to have mercy on his son, and he already had lost the rest of his family. His father had forgiven him, although he had also tried to kill him as he pleaded. He also had survived a gunshot wound to the chest during his son’s shooting.
- The Texas State Board of Education met in 2018 to discuss changes to the statewide curriculum. Why was this issue important enough to warrant their direct involvement?
The involvement of the Texas state board of education was necessary as they would ensure that history is maintained and children learn about their history. Hallows the children to reconnect with their truth; it does not necessarily that people are political. They also ensured that essential parts of history are not eliminated. Given a choice, some teachers would remove it since some don’t see the need, while some feel it too sensitive to bring in class, especially when it comes to politics. However, Francis’s social studies beg to defer as he believes that history cannot be liberal or conservative; it’s just the truth. Therefore students must learn their truth even without politicizing the issue. Aspects such as slavery and other factors lead to the Texas involvement in the civil wars, as some teachers don’t find it necessary to teach that part. The updated standards include the state’s rights and sectionalism, now referred to as contributing factors. At the same time, Texa’s involvement in the civil war remains, while slavery has been elevated to become the central role. Although the updated standards have faced criticism from some teachers, some appreciate the efforts, however minimal they were. Gaby Mondragon, a high school teacher, says that she finds the proposed standards very helpful. It provides what accurately students should be learning and serve as a guide to the teachers.
- What possible role does the legislature play in changing state employee pensions?
According to Texas law, they have ensured that this does not affect the cost of living and that there is enough money that can be used to cover liabilities even after increasing the retiree payments. The retirement system is expected to reach a threshold of 35years, which is, in fact, an improvement from the past decade.
However, a majority of lawyers have expressed their fear that the legislature would respond and adjust by shifting the financial burden to the system’s beneficiaries by either forcing the current employees to contribute more for their future pensions or closing the funds from future retirees. The vice president of the state employee union, Seth Hutchinson, also expressed his worries stating that they have made a lot of progress so far in investing to boost the pension fund as well as the state employees. By reducing the return rate can harm the advancement and move the goalposts further behind for the state retirees.
In the 1990s, Texas fully funded the employee retirement system. However, the single recession experienced led to the legislation reducing the funds, therefore, straining the system. In 2015, the law tried to rekindle the retirement system by increasing the state and employee contribution by about 2%. Although the cost of food, healthcare, and other things have increased, the monthly pensions of retired workers have consistently increased over time. The legislative underfunding was addressed, which has helped to keep the “employee retirement system” of Texas from changing its payments for the increasing cost of living.
Ultimately, it is the responsibility of the legislation to take action on the situation and by the look of things can only go in two ways, either by putting more money into the fund or by asking the beneficiaries to sacrifice. As this is an issue that the state created, it’s their responsibility to live up to their constitutional obligation to the state employees.