Border Security Subcommittee

The state’s leaders cannot even define sanctuary cities, yet they want to pass laws to ban them. That was one of the clear takeaways from the Border Security Subcommittee meeting on Dec. 3. [click here to watch the hearing]

People in this country are afraid, and becoming more so as politicians fan xenophobic fears. Frankly, it’s irresponsible, and the hate we hear from those like Donald Trump and other Republican Presidential candidates is the same whether it’s aimed at Muslims or Mexican immigrants.

The so-called “sanctuary cities” issue, no matter how it’s framed, comes from the same place. It’s a problem when politicians cannot even define what they mean by an issue they deem serious enough to pass laws about. The experts on public safety — local police and sheriffs — said that these proposals would actually make their jobs more difficult and erode community trust. We discussed this and other elements of the issue in a news conference prior to the hearing. [click here to watch the news conference video]

Education Committee

During the Senate Education Committee hearing we discussed charter school accountability, financial needs, and expansion. We heard testimony from experts like the Intercultural Development Research Association (IDRA) that many charter operators continue to yield poor student performance results when compared to the traditional public schools. When it comes to the additional facility funding for charter schools versus schools districts, Judge Deitz, who presided over the school finance trial, found that schools with more than 80 percent economically disadvantaged students are on average 41 years old and have the lowest proportion of “good” or “excellent” facility ratings from administrators. The trial found that charters, on the other hand, have access to revenue in excess of what is available to school districts, and that revenue is available to meet charter schools’ facilities needs. [click here to watch the hearing]

Agriculture, Water, and Rural Affairs

We discussed several issues, chief among these increases to fees set to take effect in January for certain licenses, permits and other services administered by the Texas Department of Agriculture (TDA). By all accounts, the fee increases are significant, but the Agriculture Commissioner made an impassioned argument that TDA has previously had neglected to bite the bullet and incrementally increase fees in the past, instead moving money around from other programs to ensure the agency meets its core functions of consumer protection — through, for example, food safety inspections and ensuring scales and meters used in everything from deli counters to gas pumps are accurate. I expect this issue will be revisited throughout the interim and into the next legislative session. [click here to watch the hearing]

El Paso Electric rate hike

The City Council did the right thing in deciding to contest El Paso Electric’s rate proposal, which would raise rates for all residential customers by about 10 percent, and at least double that for customers with rooftop solar. This is particularly troubling because residential solar installation is rapidly growing in El Paso, providing relief to the grid and creating well-paying building trades jobs. I look forward to the City vigorously advocating for all El Paso Electric customers as the rate case progresses.

Evenwel and Fisher

Two cases suing Texas were brought by a conservative anti-minority rights group called the Project on Fair Representation.

Evenwel v. Abbott is a case challenging the essence of what it means to be a constituent. The plaintiffs want to exclude children and non-citizen immigrants from being counted when redistricting lines are drawn. This would be devastating for minority representation and completely turns 50 years of jurisprudence on the 14th Amendment on its head.

Should the plaintiffs in Evenwel v. Abbott prevail, millions of people – children, legal permanent residents, and other taxpaying members of our community – would cease to exist for purposes of representation in government. Not only is this inequitable, it goes against the fundamental American principle of one person, one vote, which means everyone counts. Our job is to represent all of the people in our communities, and it’s sad to see some trying to create a second class of people who are deemed unworthy of representation. The Evenwel case is another attempt to roll back decades of progress under the Voting Rights Act and diminish the rights of Latino and minority communities. You can read more about the case [here]

Fisher v. University of Texas challenges diversity considerations in the admissions process at the University of Texas at Austin. By all accounts, UT’s admissions process, which blends automatic admission from the Top Ten Percent Plan with a holistic review of non-top 10 percent students’ applications, has resulted in greater diversity and stronger academic classes at our state’s flagship university. It’s disappointing that the plaintiff in the case, who had a weak application, seeks to undermine the progress made in minority access to institutions of higher education. You can read about the case [[here] (http://www.theatlantic.com/politics/archive/2015/12/when-can-race-be-a-college-admissions-factor/419808/)].

Gun Violence Prevention

Without question, gun violence is an epidemic in the country. Although statistics show that your chance of becoming a victim of a violent crime is at the lowest point in decades, mass shootings are taking place more frequently. In terms of our state, Texas has received an “F” from the Law Center to Prevent Gun Violence for its gun laws.

We all know that Texas expanded gun rights for gun owners last session. Now it’s time to focus on how we can also help ensure that we reduce the gun violence that is plaguing our communities, and help to make Texans more safe. As a member of the American State Legislators for Gun Violence Prevention, I have been involved in a dialogue with other state legislators about this problem, and what we can do to improve public safety in Texas. And as we discussed during the Texas Coalition to Reduce Gun Violence meeting in Austin, there are many solutions to explore, but sensible, proven laws that other states have enacted is a good place to start.

Next session, I hope to have bipartisan support for common-sense measures. Texas should have universal background checks, to ensure that everyone who purchases a gun, regardless of place, is screened. We need to keep guns out of the hands of criminals, and those at high risk of hurting themselves or others. We can improve our laws to ensure that those that have a history of domestic violence do not have access to a gun. Finally, we should strengthen our child access laws to better protect children. 500 children are injured or killed by firearms every year; this is unacceptable.

I know that if our leaders can find the courage and will to look at the facts, we can find a way to both protect Second Amendment rights, and better protect our citizens as a whole.

BECC-NADB

The BECC-NADB is an important institution you may not know about. The institutions, which at our meeting Dec. 2 finalized amendments to the BECC-NADB charter for their integration into a single entity, were created in 1994 to identify, fund, and develop projects that would address the environmental and infrastructure needs in the U.S.-Mexico border region. To date, NADB has contracted $2.6 billion in loans and grants for 215 BECC-certified infrastructure projects, which have been aimed at supplying safe drinking water, adequately treating wastewater, properly disposing of solid waste, and improving air quality through street paving and clean energy generation. We need less hysteria about the border, and more of this type of model of border cooperation.

As you can see, my office has been extremely busy, ending the year as we started, working hard on behalf of the people of Texas Senate District 29. I hope that your year is ending well, and wish you a very safe and happy holiday season!

Sincerely,

Dear Friend: Last week, I formally announced my re-election campaign at Epic Railyard. It was as the name suggests. I had a great time in a great place with great music, food, and friends. And of course, I had the greatest person to introduce me, as you can see in the photo below. I will keep you updated on campaign events, and you also can keep up with the campaign on Facebook, Twitter, and Instagram(where you can view more photos of the kickoff event). You can donate by clicking here.

Yes, that is Carmen introducing me. How did I get so lucky?

Other items of interest … Meanwhile, I wrote two opinion articles that appeared in the El Paso Times and elsewhere. I posted them on my web site as well. The first was about the border. Frankly, I appreciate that our region is in the forefront of the discussion nationally. Unfortunately, the discussion is still framed around the misguided notion of “border security.” I will continue to set the record straight, and I’m convinced that in time, the voices of our community will be heard. The border is an opportunity for the United States and Mexico to set a global example of economic and cultural exchange. In fact, we already are doing so. Instead of bashing migrants looking for work, demeaning their quest for a better life by telling lies, we should be welcoming their work and investing in the border and the relationship between the U.S. and Mexico. The second was about education. This goes hand-in-hand with the first. Texas is among other states on the leading edge of the nation’s demographic future, and we should embrace this change with educational policies that prepare us to expand economic opportunities. This especially means using strategies that reach students who speak languages other than English at home, as many first generation families do. It also means holding true to the promise in the Texas Constitution of an equitable public education, which, as our founders knew, is a public good well worth paying for. As always, I welcome and encourage your engagement. You can follow Texas Senate District 29 activities on Facebook, Twitter, and Instagram, and you can contact my office at 915.351.3500 with comments, questions and concerns. Sincerely,

Dear friend:

What a week!

What happened Friday was a historically momentous step forward for civil rights in our country. What happened the day before was also of historical importance, preserving access to health care insurance for millions, a decision that literally could be the difference between life and death for some people. What happened throughout the course of the week reaffirmed that the law is on the side of progress and equality, even if the progress is slow and painful.

The two Supreme Court rulings, King v Burwell, which upheld federally run insurance exchanges, and Obergefell v Hodges, which upheld the right to marry for same sex couples, captured the nation’s attention, but also this week:

▪ The Supreme Court ruled in Texas Department of Housing and Community Affairs v. The Inclusive Communities Project that “claims of racial discrimination in housing cases shouldn’t be limited by questions of intent.” In other words, if you have facts and data to show that certain policies perpetuate housing discrimination, you don’t need to have the memo where parties are bluntly stating their intent to discriminate. The case came out of Texas, where a group sued the TDHCA for awarding too many tax-credits for housing in predominantly black neighborhoods, and too few in white neighborhoods.
▪ The Texas Supreme Court decided that the state was not able to interfere in a private divorce petition between a same-sex couple. The case underscored the importance of recognizing all marriages; to do otherwise improperly inserts the state into the very private affairs of Texas families, and makes sensitive family matters, like a divorce, all the more painful. This decision was a small step in the right direction — the Supreme Court’s decision on Friday was a much bigger step.

About that decision

The Obergefell decision affirms a sentiment I think a majority of Americans now recognize, that all people, gay or straight, should be permitted to build a family undisturbed by the government, and to make a lifelong commitment before their community to the person they love. Denying any person the right to participate in equal dignity in an institution as fundamental to American life as marriage is contrary to our nation’s values. Denying this right is now and has always been unconstitutional.

I congratulate couples who celebrated their nuptials in El Paso County in particular. While others across the state are still attempting to obstruct gay and lesbian couples from exercising their constitutional rights, I take great pride in knowing I represent a community that fully embraces equality for all its citizens.

Still, we must recognize that today’s decision is not the bookend to the LGBT rights movement. Here in Texas, we now add the state’s marriage ban to the list of antiquated anti-gay laws that must be repealed by our legislature. We must also ensure that lingering discrimination, especially in the employment, public accommodation, and family law spheres, is rooted out.

I join the LGBT community, and all Americans who value equality under the law, in celebration, and look forward to continuing to stand with them as a member of the Texas Senate.

Access to health care insurance

Thursday’s Supreme Court ruling in King v. Burwell will allow nearly one million Texans, including over 54,000 El Pasoans, who currently get coverage through the federal exchange to continue to receive affordable health care.

With this decision, the Supreme Court has upheld a cornerstone of the Affordable Care Act. If the Court had struck down this provision, it would have clearly contravened legislative intent and threatened access for over six million Americans, many of whom have health insurance for the first time.

The ACA is working, and millions of people are benefitting from the law whether through coverage for pre-existing conditions or improved access to primary and mental health services.

Now, we need to move onto the next step and craft a program that will allow us to accept billions in federal taxpayer dollars to provide affordable health care to the rest of our uninsured population in Texas, which still has the dubious distinction of having the most uninsured in the country.

Health care is a basic human need, and in the midst of great abundance, there is no good reason for members of our community to suffer from lack of access to care.

Progress comes eventually

In each of these cases, the state of Texas is resisting change, which is unfortunate. In each case, the change is helping make the lives of millions of people better.

Progress is slow, and the road forward can be grueling. But the history of our country shows us that eventually, we overcome. This week was further proof of that.

Sincerely,

Dear friend:

We’ll have plenty of time to take stock of the 84th Texas Legislature, which passed about 1,400 bills out of more than 6,600 filed. Some laws will be obvious in their impact immediately, while others will take more time to assess.

As the primary author or sponsor, I passed 71 bills and concurrent resolutions this session, as well as amended several additional measures onto other members’ bills. [click here for a partial summary list or here for the official bill list]

I also helped secure funding for Senate District 29 priority items, including:

▪ $3.4 million for the long-awaited Franklin Mountain State Park Visitors Center in the budget;
▪ $70 million in tuition revenue bonds for an interdisciplinary research facility and $7 million for the pharmacy program at the University of Texas at El Paso;
▪ $75.52 million in tuition revenue bonds for the Medical Science Building 2 at the Texas Tech University Health Sciences Center-El Paso;
▪ $30 million for military cities; and
▪ more than $3 million for the Eighth Court of Appeals.

While I believe that this legislative session began and ended with a focus on the wrong priorities – tax breaks and guns instead of education and health care – we were able to stop some extremely bad proposals altogether, while working with the majority to improve other measures.

As Chairman of the Senate Hispanic Caucus, I worked with my colleagues to stop anti-immigrant proposals that would have:

▪ forced local police into immigration enforcement roles; and
▪ eliminated the ability of Texas DREAMERs, college-age state residents brought here as unauthorized immigrant children, to attend university and pay the same rate as other Texas residents.

We also worked to stop education proposals that would have:

▪ diverted more public school funds to private schools via vouchers; and
▪ targeted teacher unions and other state employee unions by forbidding automatic payroll deduction for dues, making it more difficult for members to support the organizations that advocate for them.

While some “school reform” proposals passed, we were able to work with the majority to make the bills better without significantly damaging our underfunded public school system.

Further, while we were not successful in sending a measure to voters to repeal the same-sex marriage constitutional ban, we were able to stop measures that would have discriminated against LGBTQ Texans in new ways.

Unfortunately, we were not able to stop:

▪ attacks on local control, such as the law that stops cities from addressing such major issues as fracking next to neighborhoods;
▪ legislation that limited citizen appeals to the Texas Commission on Environmental Quality; and
▪ “open carry” and “campus carry” legislation, although we were able to make the latter better by giving campus presidents the ability to request from their boards of regents that certain areas and events remain off limits to guns.

Meanwhile, the Legislature as a whole failed to:

▪ fully fund our unconstitutional public education system; or
▪ expand access to health care, whether under the Affordable Care Act or through a hybrid “Texas Way.”

While this was not unexpected, it was disappointing. These are missed opportunities. We have the means, and we have the needs. However, state leadership prioritized tax breaks over our schools, and in the one area where we addressed a major need, transportation, we did so in a way that limits the new funding to road-building, ignoring the growing demand for mass transit in both urban and rural communities.

We also committed nearly $1 billion in General Revenue funds to the Department of Public Safety in the name of “border security,” a nebulous concept that successfully has driven political campaigns but has little hard data behind it to justify the enormous amounts offunding and paramilitary buildup in border communities.

These missed opportunities and misplaced priorities are especially disappointing because they show a failure to recognize how Texas is evolving. As California last year became a Latino-majority state for the first time, so too will Texas become a Latino-majority state.

This is an opportunity to build on what always has made Texas unique. It is a frontier state in a global economy, and the richness of its resources, the vastness of its territory, and the growth of its diversity should be celebrated, not with tax cuts and mean-spirited laws, but with tolerance for our differences, and prudent and targeted investment from a Legislature that knows it is good business to embrace the New Texas.

Sincerely,

Dear friend:

We have just five weeks remaining in the 2015 session of the Texas Legislature, for which we will ultimately be judged by how we answered this question: What did we do to lay the groundwork for our children to meet, and exceed, our own achievements?

The answer to that question won’t come in the next election cycle, or even the one after that. The results will be known through the works of the next generation, our children and grandchildren.

Public education gave my generation the tools to prosper, and public schools continue to do so. The formula is no mystery: Adequate funding for facilities and supplies, combined with dedicated teachers and engaged parents.

English Language Learners

We are still recovering from the deep cuts made to school funding in 2011. As evidenced by the ongoing school finance litigation brought by hundreds of the state’s school districts, we are not investing enough in our public schools. Further, we need to target funding where it will make the most impact. In fact, 20 pages of the court’s findings discussing the failure of our funding system reviewed low-income, ELL students. The decision and the findings of fact make clear that these populations are where the constitutional deficiencies lie.

SB 161, which I filed to increase funding for English Language Learner (ELL) students, addresses this issue. The bill will be heard tomorrow in the Senate Education committee.

About 800,000 children, or some 17 percent, of Texas K-12 students fit this category. Many of these children are low-income. In fact, since the turn of the century, the number of children considered low income in K-12 has increased by about 1 million.

A focused investment in improving the language skills of low-income students, and students whose first language was not English, would set Texas ahead. We are in a globally competitive economy, which depends heavily on international trade, especially with Mexico.

SB 161 is both a way to add value to our future workforce, while addressing the persistent issues of our state not meeting its constitutional obligations for education, by taking action on ELL funding.

Other education issues

There is no question that students from wealthier school districts generally have greater educational opportunities than low-income children. But this does not mean that funding equity is the only answer as we work to refine our system of public education.

I serve on the Senate Committee on Education committee, where we have heard several significant bills this session. I have strongly opposed proposals to divert public school money to private schools through vouchers, supported further limiting high-stakes tests as the final measure of achievement, and passed a bill through the Senate that removes a barrier to expanding successful dual language programs around the state.

I’m also in support of state Sen. Sylvia Garcia’s SB 1483, which furthers the community schools model. The community schools model is a comprehensive school improvement plan withdemonstrated success nationally and in Texas for supporting struggling schools through a combination of wraparound services, community partnerships, and high-achieving academics.

I opposed a school grading system that will label schools but do nothing to improve accountability, thereby making it easier to close them. And I amended a “parent-trigger” bill by giving schools that are considered failing another year to turn around.

SB 893

I also took a tough vote on a bill that creates a state teacher evaluation system, which local school district may adopt if they choose. That bill, SB 893 by state Sen. Kel Seliger, has been misinterpreted in a couple of ways.

First, it has come to my attention that some teachers believe that the bill’s passage means that their salary can be bumped down to $27,000, regardless of how many years of service they have. Frankly, I have no idea where that is coming from, but let me be clear. This bill does nothing of the sort.

Second, the bill is not mandatory for school districts, which will have the flexibility to create their own assessment criteria. I worked with others to make sure the bill included this discretion.

Issues dealing with the education system are among the most important and difficult issues we face. Unlike roads or other infrastructure, the value of the education system cannot be simply measured in miles and carrying capacity. It is infinitely complex, with each student a unique individual who is worthy of the best that we can give.

Sincerely,

Dear friend:

SB 1819, which is being heard now in the Senate Border Security Subcommittee, is a bill that denies educational opportunities to Texas students.

Before I go into detail about the bill, it’s important to understand the context.

DREAMers, who have lived most of their lives in Texas as immigrants without status, are college and university students. They can be eligible to receive in-state tuition under a law passed in 2001, HB 1403. Now, under pressure from far-right Republican primary voters, the Senate is poised to vote to repeal that law.

Before the full Senate can vote upon the bill — and note also that it must pass the House, then be signed by the Governor before it would become effective — it must be heard in committee.

What is this bill about?

Now refer back to the opening sentence. This bill, which is about higher education, is instead being heard in the Senate Border Security Subcommittee. This is very disappointing.

I am aware that our Senate Committees don’t have jurisdictional statements, but common sense should prevail. There is not one single piece of evidence that suggest DREAMers pose a threat to the border or to Texas. In fact, three other bills with the same or similar language have been referred to the Higher Education or State Affairs committees.

It creates an inaccurate perception of students, and, intended or not, sends a message that we are playing political games with important legislation.

Policy over politics

I believe Texas got it right in 2001 when we became the first of 18 states to provide in-state tuition for students who are not U.S. citizens. Known as Texas DREAMERs, these students have attended a Texas school for at least three years, graduated from high school, and signed a sworn statement that they will seek legal residency when available.

By doing so, they are eligible to receive the in-state tuition rate, providing they meet all other academic qualifications for college or university.

This great accomplishment was one that had overwhelming bipartisan support in both houses in 2001. Members of the 77th Legislature recognized that, by passing HB 1403 with 142 votes in the House and 27 votes in the Senate, Texas would be investing in its future. It was signed and supported by then Gov. Rick Perry.

SB 1819 undermines both the spirit of bipartisanship embodied by the 77th legislature and the best interest of the state by demonizing those who have earned the right to pay in-state tuition by doing well in Texas schools, gaining admission, and paying taxes in Texas.

Education and the economy

Ultimately, our economic future depends on educating these young people.

Each person who attends college, gains employment authorization, and obtains a professional job adds value to Texas, whether through their income and spending or through their attractiveness to employers seeking to relocate or expand.

In 2011, immigrants of all status contributed $65 billion in economic output to the state in terms of wages, salary, and business earnings. In 2010, undocumented immigrants in Texas paid an estimated $1.6 billion in state and local taxes. In part, these taxes help support Texas institutions of higher education.

These Texas students without status are not a drain on state funds; they must pay for college like everyone else. In FY 2013, undocumented students contributed $51.6 million in tuition fees, $30.5 million more than the formula funding of $21.1 million.

These students also are not receiving any special treatment. They must meet the same academic criteria and financial need as any other Texan applying for in-state tuition to attend an institution of higher education.

Achieving the future

In fact, since 2001, students benefiting from HB 1403 have excelled, graduating at 63 percent, as compared to the state average of 59 percent. They have earned more than 10,000 degrees from the state’s public institutions of higher education.

Hundreds of them came to the hearing today to speak. Their sentiment was captured by Luis Hernandez, who said: “Keeping in-state tuition gives undocumented students an opportunity to prove how impactful we can be.”

As we hear the testimony of these students, leaders, and advocates, Texans have to ask themselves: What is this really about?

The answer should be that it’s about giving students an opportunity. It’s about the future.

Sincerely,

Dear friend:

This week the Senate took important votes on tax policy. I voted against the bills because they use the state’s General Fund revenue to give tax breaks that will be felt by few, while missing the chance to invest in education, which would benefit us all and should have been the first priority.

We also took up the issue of school vouchers, which would redirect public education funding to private schools. Some call it choice; in my opinion, the choice we should be making is to commit to public education. It works when we support it.

Meanwhile, coming up April 6 is not only a reprise of the debate over the so-called “sanctuary cities” bill, but a proposed repeal of in-state tuition. And where are both bills being heard? In the Border Security Subcommittee.

You and I know this is a ridiculous place to debate repeal of in-state tuition. It implies that students going to university and college are a threat to the country, when in fact they are working to contribute even more.

We’ll have a chance to set the record straight during the debate, but along the way we’ll have spent a lot of time discussing issues that do not address the needs of the state.

Speaking of needs

What the Legislature needs to do is find a way to fund education that does not violate the state Constitution. This is both a matter of law, given court rulings that consistently find the Legislature has failed in this fundamental responsibility, and common sense, as everyone agrees that this is the way to long-term economic success.

Session after session, we kick the can down the road, waiting for yet another ruling to determine action.

It’s quite simple. The money is there. But the will to invest it is not.

What we did this week not only did not address education, it committed the state of Texas to pay for property tax breaks that take from education.

About education

Thursday Senate Committee on Education heard SB 4, SB 276, and SB 642, bills that would essentially take money from public schools to fund private schools.

The Legislative Budget Board (LBB) has previously estimated the loss in federal funds when a student leaves the public school system is $1,000 per student. With roughly 200,000 students in District 29’s 17 schools districts, that comes out to tens of millions of dollars for public education lost each year in just one corner of the state.

When voucher dollars leave the public system, accountability disappears. Private schools are not required to comply with assessment and accountability standards or open records laws as are public schools — to include charters. Private schools are not required to follow federal guidelines for serving students with special needs.

While I think charter schools can make sense under certain circumstances, I do not see the public value in the voucher “experiment.” What this does is take our eye off the ball and make it appear that we are making progress by doing something on education, when in fact public schools work and what they need is our bottom line support in the budget.

Sincerely,

Dear friend:

Today I was able to postpone the Senate Subcommittee on Border Security hearing on SB 185, the “sanctuary cities” bill, which was scheduled for 8 a.m. The notice for the hearing was published mid-day Friday, which gave potential witnesses insufficient time to make arrangements to testify at the hearing.

The bill would outlaw so-called “sanctuary cities” — a term that has not been defined — by prohibiting Texas governmental entities from passing laws to restrict police from asking about immigration status.

This bill, a rehash of legislation that was defeated in 2011, is simply bad policy and bad business. I’ve summarized six major points that illustrate why it’s such a time-waster for a Legislature that has important business to take care of — budget and taxes, education funding, access to health care and other key governance issues.

1. It seeks to solve a non-existent problem. There is no indication that local law enforcement needs this authority, which is reserved exclusively for the federal government, to keep communities safe. Quite the opposite, as point number two illustrates. I find this particularly ironic given that it’s being put forth by representatives who claim they are for small government.

2. It harms public safety. In 2011, this legislation was overwhelmingly opposed by county sheriffs and police chiefs. El Paso County Sheriff Wiles spoke out against this legislation because as he stated it would undermine his ability to work with immigrant communities and effectively combat cartel activity. Austin Police Chief Art Acevedo and many others made similar comments.

3. It’s bad business for Texas. Similar legislation in Arizona cost $5 million in lost taxes from SB 1070 and $135 million in lost economic output. We can’t afford to lose current business or future investors. It also does not make sense to drive workers away from labor-intensive but critical sectors such as construction and agriculture.

4. It targets children. While SB 185 exempts school officials, it includes school peace officers. I’m not one who thinks it makes sense to punish children who are in our communities, regardless of documentation, by pushing them out of school and into the streets.

5. It has legal implications that don’t appear to have been thought through. It will inevitably lead to racial profiling. It is likely to lead to violations of the Equal Protection Clause, the Supremacy Clause and the Fourth Amendment. In fact, the issue already came up in El Paso County, where the El Paso County Sheriffs Department was sued for pulling passengers off a bus and asking them their immigration status; the lawsuit was settled when the department agreed to establish a written policy and train its officers. Further, it places schools in an untenable position: If their peace officers do not ask immigration questions they could lose state funding, and if they do ask they could be sued in federal court.

6. It hurts families. So called “sanctuary cities” policies have the potential to divide mixed-status families in Texas. Leading faith leaders opposing this legislation in 2011 including the Catholic Conference of Bishops, the Christian Life Commission, Texas Impact, the National Council of Jewish Women, the Anti-Defamation League, Evangelical Pastors, and numerous other religious orders and clergy members.

Only a few days ago, President Obama, in his Selma speech, reminded us of one of our country’s enduring sources of greatness, immigration. The United States of America still is the world’s greatest destination for those yearning to breath free. We need to fix our system to reflect that reality, not punish those who have risked everything to be here.

I won’t stop fighting proposals aimed to achieve the opposite of that, proposals that seek to drive people further underground or out of the country. They hurt people we should we helping, while harming public safety, stunting our economy, and splitting our families.

Texas did better in 2011 by stopping similar legislation. I only hope we can muster the will and the support to do so again.

Sincerely,

Dear friend:

This past week I was honored to speak at a rally where people from different walks of life came together to speak in favor of opportunity and dignity. I also took part in one of the first major debates of the session, over the proposed proliferation of guns in public places. And more than 100 El Pasoans roamed the Capitol speaking to state legislators about issues of education, health care, and economic development, to name a few.

This week I’m excited to welcome constituents from the District 29 counties of Culberson, Hudspeth, Jeff Davis and Presidio to West Texas County Days at the Capitol, and look forward to the governor’s State of the State address tomorrow.

Opportunity Agenda

We have only 140 days in the 84th Texas Legislature to complete the work of the people. During a year-long process involving hundreds of stakeholders across the state, the Senate Hispanic Caucus and the Mexican-American Legislative Caucus developed an agenda that focuses on the opportunity immigrants provide to Texas.

In my view, this work is sidetracked by divisive proposals that target immigrant and minority communities … proposals that would, among other things, turn police into immigration officers, stop property owners from freely participating in the rental market, and prohibit cities from taking common sense public safety measures.

There are proposals to put local law enforcement and state agencies in the role of regulating immigration; to put onerous burdens on employers; to prohibit the provision of basic services to people; to make it a criminal offense to give someone a ride; to deny children who grew up in our state access to higher education by repealing a rule we agreed upon in better days, in-state tuition; and wiping Spanish and other languages from state books by prohibiting state agencies from publishing any information that is not in English.

We are offering a better way. Common sense proposals would create a driver’s permit; protect witnesses and victims of crimes, allowing them to call 911 without fear and helping reduce crime; penalizing employers for wage theft to assure a level playing field for all Texas worker and employers; increasing penalties for human trafficking; and protecting and affirming the Texas DREAM ACT — again, we got that one right!, and other states can and should learn from that.

Gun proliferation proposals

The Senate Committee on State Affairs on Thursday considered two proposals that would allow for the carrying of a handgun in full view in public (S.B. 17) and broaden the right to carry a concealed handgun on a college campus (S.B. 11). Watch the hearing by clicking here.

I spoke out against the proposals because I was and am deeply concerned that they allow more guns in more places and while making us less safe.

Among those who testified were survivors of high-profile mass shootings; university administrators responsible for the education and safety of students and teachers; police chiefs who have to explain yet again that public safety should be left to the professionals; and citizens who made it clear they do not want to see guns everywhere they go.

We can balance the individual right to own firearms under the Second Amendment with the individual right not to feel threatened by the proliferation of deadly weapons in public. And we can balance the Constitutional guarantee with common-sense proposals that address modern technology and circumstances. These bills, as they now stand, fall short of that mark.

El Paso Days in Austin

More than 100 El Pasoans headed to Austin for El Paso Days, an event organized during each legislative session by the Greater El Paso Chamber of Commerce. The attendees split into smaller teams and spent two days visiting key state legislators and agency heads. Many communities from around the state have similar activities; as I remind people often, this is your state government, and engagement through various means — from emails to rallies to personal visits — is critical. It does make a difference when legislators are visited in person and educated about the issues that are important to our community.

Borderline politics

Finally, let me address “Border Security.” Since 2008, the tab for Texas’ outsized response to the complex issues of crime, migration, and security on the border is reaching toward $1 billion (pg 269).

That’s money that the state’s own Legislative Budget Board said was spent without appropriate oversight and transparency (page 289). And some legislators want to spend even more!

I have proposed principles for addressing the border, which draw upon the experiences and knowledge of my own community. The principles for Border Security propose that we recognize the border for what it is — an chance to build upon an important and uniquely Tejano place ofcommerce and culture.

Sincerely,

PS: I also spoke at the Texas Association of Chicanos in Higher Education, attended the El Paso Hispanic Chamber of Commerce / MBDA Business Center-El Paso MED Week Awards, with a keynote speech by Borderplex Alliance CEO Rolando Pablos, and checked out the opening of the new Digital History Wall.

You can keep up with my legislative and community activities via my Facebook page, Twitter feed, and website, and as always, please contact my office with your questions, comments and concerns regarding legislative and community issues.

Dear friend:

Every two years, we have the opportunity to execute policies that affect the lives of everyone in the state. That’s what we have to keep at the forefront of the debate as the 84th Texas Legislature convenes tomorrow morning. It’s about all of us.

Unfortunately, too often the proposals put forth on education, health care, economic opportunity and myriad other issues leave huge segments of our population out of the equation.

This helps explain why, while the Texas economy is doing well relative to other parts of the country, we are doing poorly when it comes to spreading the wealth. Texas doesn’t measure up when it comes to support for public education, ensuring access to health care, or overall percentage of people who barely earn enough to eat and keep a roof over their head.

With our natural blessings — abundant energy, both fossil-based and renewable, abundant land for growing crops, and world-class land and sea ports — along with our great cities and a young, diverse, and ambitious population, we should be seizing this moment to build the future.

Here’s what we know works: Our nation’s greatest periods of economic opportunity, when the majority of the people shared prosperity, were those in which unions were strong and high-income earners paid a greater share of taxes, and government – you and I – wisely invested those on behalf of the people back into the economy through public works and public education. Public health ought to be a piece of that equation.

We did the right thing when we implemented work safety rules, time off, and the minimum wage, created national parks, roads and bridges and ports and public transit and water systems, and invested in public and higher education. This is what helped us progress in the prosperous 20th Century.

We have the same opportunity now. The following areas are among the most important to focus upon:

— Education: In 2011, the state imposed a severe budget on its residents. No state mandate suffered more than education. We are entering 2015 with a surplus, and it ought to be directed at education. Specific programs that are proven to work include all day pre-k; and the Student Success Initiative, and those should be fully supported. We also ought to listen to the experts, who say that teaching English Language Learners costs more, and invest in a future bilingual and globally competitive workforce.

— Health care: When it comes to health care, just as in education, Texas’ commitment falters. Access to health care is a key element of economic security and mobility, and should be available to everyone.

— Economic opportunity: Access to health care and education are indicators of a community’s health. And, of course, so is economic opportunity — income, working conditions, availability of work, and other factors.

— Criminal Justice: One of the reasons people often cannot find work is because of a criminal record from non-violent offenses. Disproportionately, these affect people of color. I am looking very seriously at our drug laws, and at our sentencing of juveniles, among other matters.

— Equality: Just as we expect equality under our justice system, we also expect equality in our ability to pursue “life, liberty, and happiness.” And, we expect the Constitution to protect those whose pursuits are curtailed for no good reason other than prejudice. This is why I joined colleagues in the Texas Senate and Texas House of Representatives to pre-file legislation to allow same-sex couples to marry in Texas.

— Civic engagement: Voter turnout in this past election was under 10 percent in El Paso County and 33 percent statewide. We need to figure out how to build community engagement and participation around elections, and we need to do so in the face of active voter disenfranchisement.

— Immigration: President Obama had to take executive action to put a halt on deportations to some of the millions of undocumented immigrants working and living in the United States. The country can no longer sit idly by as Congress continues to fail to pass comprehensive immigration reform and allows families to be torn apart by a broken immigration system.

Our most important legislative obligation is the budget, which should reflect the needs in our state. Given the Texas income gap and high levels of child poverty and hunger, as well as our still healthy revenue growth, it doesn’t make sense to prioritize corporate tax breaks over service to our people. And if it turns out that our boom is turning flat, and we failed to build upon years of prosperitywhile our competitors, such as California, retake the momentum, we will look back and regret the lost opportunity.

Oppressive voting laws, regressive tax and economic policy, and the attempts to dismantle vital government services such as education, health care and the social safety net, do not further our future. I will take every opportunity to achieve true equality, expand civic engagement so our policies benefit the many instead of the few, and reform a criminal justice system that has skewed against low-wage earners and people of color.

From education to health care to economic opportunity to criminal justice to civic participation to immigration, we are working toward greater justice for all, that we may equally pursue life, liberty and happiness.

Sincerely,