FOUNDERSPAC

Tom Oliverson

This bill updates the Residential Construction Liability Act to provide additional liability protections for contractors. Under the bill, contractors are not liable for residential construction defects unless actual physical damage occurs, part of a building is unable to be used for its intended purpose, or there is a verifiable danger to the residents. Contractors are also not liable for damages that result from a failure to provide timely notice of a defect. The bill also amends various provisions related to lawsuits arising from construction defects, such as allowing contractors additional time to make a settlement offer. Support is the position of the Texas GOP Platform under Courts, Prosecution, Restitution Section 184: "Frivolous Lawsuits". "We support further reform to discourage frivolous lawsuits. We oppose the abusive use of class action lawsuits and any law that allows government agencies to collect lawyer fees from the plaintiff when they win but not have to pay the plaintiff fees when they lose."

Reducing Frivolous Litigation by Updating the Residential Construction Liability Act to Limit Liability and Provide Clarifications.

This bill establishes a specialized "Business Court" to hear cases involving certain business transaction and governance matters, with the judges appointed by the Governor. Judges are required to have at least 10 years of experience practicing complex civil business litigation or business transaction law, or as a judge of a court with civil jurisdiction. Support is the position of the Texas GOP Platform under Courts, Prosecution, Restitution Section 184: "Frivolous Lawsuits". "We support further reform to discourage frivolous lawsuits. We oppose the abusive use of class action lawsuits and any law that allows government agencies to collect lawyer fees from the plaintiff when they win but not have to pay the plaintiff fees when they lose."

Improving the State's Business Climate by Creating a Specialized Business Court to Hear Cases and Expedite Legal Proceedings.

The Tinderholt amendment #1 to a bill prohibiting public colleges and universities from establishing a diversity, equity, and inclusion (DEI) office. The amendment eliminates language in the bill which forces public institutions to make efforts to reassign employees whose positions will be eliminated due to the bill's prohibition on DEI offices. The amendment also eliminates the requirement that the Texas Higher Education Coordinating Board conduct an annual study on the impact of the bill on students, broken down by categories such as race, gender identity, and sexual orientation. Support is the position of the Texas GOP Platform under School and Property Taxation Section 93: "Administrative Bloat is Not Tranformative". "We call on Texas school administrators to deliver more education for our dollars, instead of nonstop lobbying for more dollars for education. At a minimum, 65% of revenue should be spent in the classroom. We oppose the underhanded strategy of making cuts to visible frontline teaching positions instead of administrators and overhead."

Fighting Back Against Efforts Designed to Weaken the DEI Bill by Forcing Taxpayers to Fund DEI Studies, Retaining DEI Employees, and Delaying Implementation of the Bill.

This bill, the Fiscal Years 2024-2025 Operating Budget, represents a 21.3% increase over the prior budget, and the largest in state history. Some of the major new and increased spending initiatives within the bill include $1 billion for land acquisition for parks (3603.7% increase over the $27 million appropriated in the previous budget), an additional $100 million for the Texas Water Development Board Economically Distressed Areas Program, and $45.9 billion for business and economic development (25.8% increase). Oppose is the position of the Texas GOP Platform under Spending Restraint Section 76: "State Fiscal Restraint". " We urge the Legislature to amend the Texas Constitution and State statute with a stricter spending limitation based on US Census population growth plus inflation, as measured by the Consumer Price Index, and apply the new limit to Texas’s total government budget. We call on the Texas State Legislature to freeze State spending until wasteful programs have been eliminated, a sustainable size of government has been restored, and substantive property tax relief has been provided to Texas citizens. Any budget surplus shall be applied to property tax relief."

Fueling Out-of-Control Spending Through a $321.3 Billion Budget (21.3% Increase) with Countless Provisions that Further Grow the Size and Scope of Government.

This resolution amends the state constitution to authorize counties to grant property tax exemptions to physicians who provide services to indigent patients. The tax exemption may cover up to 50% of the assessed value of a physician's homestead. Oppose is the position of the Texas GOP Platform under Opposition to Market-Distorting Tax and Fiscal Subsidies Section 94: "Property Tax Abatements". "We support repealing Tax Code Chapter 312 county and municipal property tax abatements, and we oppose reintroducing school property tax abatements, formerly known as Chapter 313."

Increasing Tax Burdens on other Property Owners through a Crony Carveout Providing Physicians a Tax Exemption if they Provide Indigent Services.

This bill, the Restricting Explicit and Adult-Designated Educational Resources (READER) Act, prohibits school libraries from purchasing or possessing material that is harmful, sexually explicit, or "pervasively vulgar or educationally unsuitable." The bill also requires vendors to issue ratings for sexually explicit materials and schools must obtain parental consent before students may check out such materials from a school library. Support is the position of the Texas GOP Platform under Parents' Rights Section 106: "Inapporpriate and/or Harmful Content". "We request that the Texas Legislature pass legislation that requires Texas schools and libraries to filter inappropriate and/or harmful content, such as pornography, for minors. Operators of adult sex entertainment businesses and venues, adult entertainment of any kind, including Drag Queen Story Hour, shall not be part of educational programming in public schools, libraries, or any other taxpayer-funded program for children."

Protecting K-12 Students from Pornographic Content by Prohibiting the Sale or Distribution of Obscene Materials to Public Schools.

This bill requires anyone who provides sewage disposal system pumping services in the state to become licensed and empowers the Texas Commission on Environmental Quality to determine the qualifications. Oppose is the position of the Texas GOP Platform under Markets and Regulation Section 39: "Licensing". "We call upon the Texas Legislature to review all Texas Department of Licenses and Regulations (TDLR), business/professional licensing programs, and associated licensing for the purpose of abolishing or removing as many as reasonably possible and repealing those laws, rules, and regulations."

Increasing Employment Barriers and Reducing Competition by Forcing Sewage Disposal Pump Technicians to Obtain a License.

This bill, the Creating a Respectful and Open World for Natural Hair (CROWN) Act, makes a person's hair texture or hairstyle a protected characteristic if is commonly associated with a particular race. CROWN applies to public schools and institutions of higher education, employment, and housing. Oppose is the position of the Texas GOP Platform under Courts, Prosecution, Restitution Section 184: "Frivolous Lawsuits". "We support further reform to discourage frivolous lawsuits. We oppose the abusive use of class action lawsuits and any law that allows government agencies to collect lawyer fees from the plaintiff when they win but not have to pay the plaintiff fees when they lose."

Increasing Frivolous Litigation and Legal Liabilities by Making "Hair Texture and Style" a Protected Characteristic in Employment and Housing.

This bill extends the Texas Economic Development and Tourism Office for an additional 12 years, until September 2035. This office is focused on "marketing and promoting the state of Texas." Oppose is the position of the Texas GOP Platform under Spending Restraint Section 75: "Government Spending and Taxation". "We believe in the principles of constitutionally limited government based on federalist principles. To this end, we encourage our elected officials at all levels of government to work to reverse the current trend of expanding government and the growing tax and debt burdens placed on “We the People.” Government spending is out of control at the federal, state, and local levels, and action is needed to reduce spending, and therefore taxation, at all levels."

Fueling Tens of Millions in Wasteful Spending by Extending the Unnecessary Texas Economic Development and Tourism Office for Another 12 Years.

This bill creates the "Texas Grocery Access Investment Fund" "to construct, rehabilitate, or expand grocery stores in underserved low-income and moderate-income areas." The bill requires at least 25% of funds be in the form of grants or forgivable loans, and recipients may use funds to acquire property, construct grocery stores, and for other purposes. Oppose is the position of the Texas GOP Platform under Opposition to Market-Distorting Tax and Fiscal Subsidies Section 95: "Bailouts and Subsidies". "We encourage government to divest its ownership of all businesses that should be run in the private sector. We oppose all bailouts of and subsidies to domestic and foreign government entities, states, and for all businesses, public and private."

Growing Government Central Planning and Runaway Spending by Forcing Taxpayers to Subsidize Grocery Stores in "Food Deserts".

This bill, the Property Tax Relief Act, contains a couple key provisions designed to limit increases in property taxes. Most notably, the bill lowers the appraisal cap from 10% to 5% and would expand the cap to also include business property owners, such as restaurants and apartment complexes, rather than just residential. Support is the position of the Texas GOP Platform under School Finance and Property Taxation Section 91: "Property Tax Relief". "We support these incremental steps toward the ultimate abolition of property tax: b. Replace the appraisal system with a system that values property at the purchase price."

Protecting Homeowners and Businesses from Spiking Property Taxes by Limiting Annual Property Assessment Increases.

The bill prevents localities from imposing additional regulations on farmers and ranchers engaging in agricultural operations. Under the bill, the Texas A&M AgriLife Extension Service is directed to develop a list of "generally accepted agricultural practices" that do not pose a threat to public health, which cities also may not prohibit or restrict. Support is the position of the Texas GOP Platform under Markets and Regulation Section 38: "Municipal Preemption". "We encourage the Legislature to preempt local government efforts to interfere with the State’s sovereignty over business, employees, and property rights. This includes but is not limited to burdensome regulations on short-term rentals, bags, sick leave, trees, and employee criminal screening."

Protecting Farmers from Government Overreach by Preventing Local Governments from Imposing Additional Regulations on the Agricultural Industry.

This bill requires homeowner's, renter's, and condominium owner's insurance policies that include replacement cost coverage to pay 80% of the repair or replacement cost of a claim upfront, minus the deductible. Once documentation is provided showing that the repair or replacement is complete, and any deductible has been paid, the remaining balance is to be paid. Oppose is the position of the Texas GOP Platform under Markets and Regulation Section 41: "Reduce Business Regulations". "We believe that .. businesses should be minimally regulated at all levels". 

Growing Government Regulation of Property Insurance Through a New Mandate Requiring Payment of 80% of Replacement Value Up Front.

This bill requires public information that is stored in a searchable or sortable electronic spreadsheet or database to be made available upon public request and provided in a format which is easily searchable or sortable. Additionally, public requests for this information may not be denied on the basis that the request would require searching, sorting, or filtering electronic information. Finally, the bill requires government contracts for electronic public information to use reasonable efforts to ensure that public access to the information is not restricted or more difficult to access than other government records. Support is the position of the Texas GOP Platform under Government Operations Section 230: "Government Authority". "We believe any government authority that has the ability to levy a tax or fee or to appraise property on the people should be accountable to those who pay the taxes via the electoral process, from the local level to the federal level."

Strengthening Government Transparency and Accountability by Requiring Government Data Be Provided in an Easily Searchable Database to the Public.

This bill reforms the state's asset forfeiture laws, under which the government may seize property deemed to be contraband. Under the bill, property may not be seized if it is not otherwise illegal to possess and the aggregate value is less than $2,500. Additionally, the bill increases the evidence standard the state must meet to show that property is subject to seizure from "a preponderance of the evidence" to "clear and convincing evidence." Support is the position of the Texas GOP Platform under Rights and Protections Section 173: "Civil Asset Fofeiture". " We call upon the Texas Legislature to abolish civil asset forfeiture, independently or in partnership with federal authorities, and to ensure that private property only be forfeited upon a criminal conviction. 

Strengthening Property Rights and Civil Liberties through Protections Against Abuse of Asset Forfeiture.

This bill is designed to curb illegal immigration by allowing the Governor to establish an interstate compact for border security with any interested states for the purpose of sharing intelligence and resources to build a physical wall along the U.S.-Mexico border. Support is the position of the Texas GOP Platform under Border Security and Immigration Section 256: "Border Security Funding". "We expect both the Texas Legislature and the United States Congress to make a priority of allocating funds to effectively secure the border through whatever means necessary, including but not limited to barriers, a border wall, and/or fence everywhere along the border where it is feasible and useful, as well as personnel and technology over land, sea, and air. Texas shall seek repayment from the Federal Government for expenses incurred in securing the border."

Strengthening National Security by Creating an Interstate Compact for Border Security to Help Combat Illegal Immigration and Human Trafficking.

The Zwiener amendment #14 to a bill prohibiting Diversity, Equity, and Inclusion offices at public colleges and universities. The amendment adds language requiring each public college and university to be committed to an environment of "racial, ethnic, and religious diversity that reflects the racial, ethnic, and religious diversity of the state of Texas." Oppose is the position of the Texas GOP Platform under Higher Education Section 129: "Fund and Support Western Civilization Instruction, Defund Political Correctness". "Like Hillsdale College, we agree that state universities “should value the merit of each unique individual, rather than succumbing to the discriminatory trend of so-called social justice and multicultural diversity, which judges individuals not as individuals, but as members of a group which pits one group against other competing groups in divisive power struggles.” 

Advancing Affirmative Action by Mandating College Campuses Represent the Racial, Ethnic, and Religious Diversity of Texas.

This bill creates the "Texas Semiconductor Innovation Consortium," to, among other purposes, "develop a comprehensive strategic plan to ensure ongoing semiconductor innovation" and expand workforce training. The bill also creates the Texas Semiconductor Innovation Fund to provide grants to state government entities and semiconductor manufacturing and design companies in the state "to encourage economic development." Oppose is the position of the Texas GOP Platform under Opposition to Market-Distorting Tax and Fiscal Subsidies Section 95: "Bailouts and Subsidies". "We encourage government to divest its ownership of all businesses that should be run in the private sector. We oppose all bailouts of and subsidies to domestic and foreign government entities, states, and for all businesses, public and private."

Worsening Cronyism and Government Central Planning by Creating the Texas Semiconductor Innovation Consortium to Enrich Certain Companies.

This bill prohibits local governments from enacting any ordinances which bans or restricts the sale or use of an engine based on the type of fuel used. Additionally, the bill prevents localities from banning any energy source infrastructure (such as gas stations). Support is the position of the Texas GOP Platform under Transportation Section 63: "Freedom to Travel". "We oppose the Biden Infrastructure and Green Energy Plan that threatens our freedom to travel, imposes a federal mileage tax, as well as Diversity, Equity, and Inclusion (DEI) or other social justice policies on Texas taxpayers and drivers. We oppose anti-car measures that punish those who choose to travel alone in their own personal vehicle, and oppose any measure to impose “road diet” mandates designed to shrink auto capacity and/or intentionally clog vehicle lanes to force deference to pedestrian, bike, and mass transit options (whose users do not pay gas tax)."

Protecting Consumer Choice by Preventing Localities from Imposing any Ordinance which Restricts or Bans Gas-Powered Engines or a Source of Energy.

This bill allows public higher education institutions (state colleges and universities) to adopt policies which allow for the termination of tenured faculty for reasons such as "professional incompetence" or "conduct involving moral turpitude". Support is the position of the Texas GOP Platform under Higher Education Section 131: "Tenure". "We support abolishing the system of tenure in academia and advocate replacing it with a merit-based system for teacher retention."

Ensuring Colleges and Universities can Remove Poor-Performing Professors by Restricting the Use of Tenure.

This bill prohibits public institutions of higher education (colleges and universities) from funding or operating any Diversity, Equity, and Inclusion (DEI) Office. Furthermore, the bill bans institutions from conducting diversity trainings or asking prospective job applicants to provide diversity statements. Support is the position of the Texas GOP Platform under Higher Education Section 129: "Fund and Support Western Civilization Instruction, Defund Political Correctness". "Like Hillsdale College, we agree that state universities “should value the merit of each unique individual, rather than succumbing to the discriminatory trend of so-called social justice and multicultural diversity. We oppose using public funds for homosexuality, transgender, or diversity-equity-inclusion centers."

Protecting Taxpayer Funds from Being Utilized for Politicized "Diversity, Equity, and Inclusion" (DEI) Offices at Public College Campuses.

The Reynolds amendment #16 to a bill prohibiting children under 18 years of age from receiving sex-reassignment procedures or puberty blockers until they reach the age of consent. The amendment requires the Health and Human Services Commission to contract with local mental health authorities and local behavioral health authorities to provide and pay all costs for mental health services to children who were already receiving treatment or are diagnosed with severe gender dysphoria and prohibited from receiving these procedures. Oppose is the position of the Texas GOP Platform under Homosexuality and Gender Issues Section 156: "Gender Identity". "We oppose all efforts to validate transgender identity. For the purpose of attempting to affirm a person age 21 or under if their perception is inconsistent with their biological sex, no medical practitioner or provider may engage in the following practices: a. Intervene in any way to prevent natural progression of puberty.

Forcing Taxpayers to Provide Mental Health Services to Children Facing "Gender Dysphoria".

This bill establishes a series of new regulations which prohibit insurance companies operating in the state from discriminating against companies on the basis of Environmental, Social and Governance (ESG). The new framework applies to both coverage decisions of insurers as well as their rate setting practices. Support is the position of the Texas GOP Platform under Markets and Regulation Section 46: "Texas Resistance to the Great Reset". "Texas should continue to pass legislation needed to protect the citizens of Texas from corporate violation of their rights in the Great Reset/Environmental, Social, Governance (ESG) scheme as follows:  Make it illegal for banks and financial institutions operating in Texas to make lending decisions based on anything other than financial concerns. The model for such legislation shall be the Fair Access to Financial Services rule promulgated by President Trump’s Office of the Comptroller of the Currency, which was immediately suspended by the current occupant of the White House.

Combatting Radical-Left ESG Policies Imposed by Insurance Companies

This bill amends the licensing requirements for Heating, Ventilation, and Air Conditioning (HVAC) technicians by establishing an alternative pathway to become licensed. The bill recognizes completion of a career and technology education program at a public school or institution of higher education as satisfying the certification training program requirements for licensure. The bill also provides for a waiver of any renewal fee and reduction in the number of required continuing education hours for technicians who provide instruction in a career and technology education program. Support is the position of the Texas GOP Platform under Markets and Regulation Section 39: "Licensing". "We call upon the Texas Legislature to review all Texas Department of Licenses and Regulations (TDLR), business/professional licensing programs, and associated licensing for the purpose of abolishing or removing as many as reasonably possible and repealing those laws, rules, and regulations."

Reducing Employment Barriers and Expanding Competition Through an Alternative Licensing Pathway for HVAC Technicians.

This bill creates a statewide framework for natural gas utility companies to offer energy conservation programs. These programs typically involve subsidies for purchasing higher energy efficiency appliances or for retrofitting a home or business to increase energy efficiency. The programs are paid for by raising natural gas utility rates on all customers through "rate recovery" which also provides utility companies a larger guaranteed profit. Additionally, the bill allows utility companies (which heavily lobbied for the bill) to receive additional profit for designing, marketing, administering, and delivering an energy conservation program. Oppose is the position of the Texas GOP Platform under Energy and Environment Section 53: "Utilities". "We support free-market solutions for providing resilient and reliable utilities."

Hiking Natural Gas Utility Costs for Texans to Enrich Utility Companies and Create New Energy Conservation Programs.

This bill establishes 10-year mandatory minimum sentences for individuals convicted of human smuggling and 5-year mandatory minimum sentences for operating a stash house (10 years if in an area subject to a declared state of disaster). The bill also enhances penalties for property damage that occurs as a result of concealing or harboring a person in the country illegally from a misdemeanor to a third-degree felony (2-10 years in prison). Support is the position of the Texas GOP Platform under Courts, Prosecutions, Restitution Section 187: "Human Trafficking Jurisdiction". "The Texas Legislature shall pass legislation granting the Texas Attorney General full concurrent jurisdiction over multi-jurisdictional cases, to be limited specifically to those cases involving human trafficking."

Strengthening National Security and Law and Order through 10 Year Mandatory Minimum Sentences for Human Trafficking.

This bill changes the way the "no-new-revenue tax rate" is calculated by referencing the Texas Education Code. This new calculation will result in a higher rate (ultimately higher taxes) by including other funding within the formula. Oppose is the position of the Texas GOP Platform under School Finance and Property Taxation Section 91: "Property Tax Relief". "We support these incremental steps toward the ultimate abolition of property tax: d. Close the loophole called the “Unused Increment Rate,” which allows taxing entities to bypass recently added limits to increases in property taxes.

Hiking Property Taxes by Gaming the Calculation of the "No-New Revenue" Property Tax Rate.

This bill requires cities to provide written notification of any proposed zoning change which could cause a non-conforming use for a property owner or business. If the owner is required to close or cease operations, they would be entitled to compensation, such as the loss in market value of the property. The bill is, in part, in response to a case where a shingle factory operating for 80 years was forced to shut down without any compensation. Support is the position of the Texas GOP Platform under Land Use Section 222: "Property Rights". Property ownership and free enterprise, the foundation of our collective wealth, must not be abridged nor denied by government. Property owners shall be notified of their rights regarding condemnation, annexation, or easement, and the condemner shall be required to petition a court of jurisdiction to show public necessity. Taking of property shall result in immediate compensation of fair market value to the owner."

Strengthening Property Rights by Protecting Businesses from Local Zoning Changes.

This bill increases penalties on individuals who knowingly engage in vote fraud, such as voting more than once in an election or impersonates another person when submitting a ballot. Under the bill, the penalty is increased from a Class A misdemeanor to a Felony of the Second Degree, which can carry a 2 to 20 year prison sentence. Support is the position of the Texas GOP Platform under Elections Section 242: "Fair Elections Procedures". "We support: Felony status for willful violations of the election code and increasing penalty for voter fraud from a misdemeanor back to a felony."

Strengthening Election Integrity by Increasing the Penalty for Knowingly Engaging in Voting Fraud.

This bill generally raises the bar to prosecute organized retail theft by now requiring a person to steal at least $100 of merchandise and be found to have "intent for the redistribution of that merchandise into the supply chain" to be guilty. Oppose is the position of the Texas GOP Platform under Courts, Prosecution, Restitution Section 183: "Court Accountability". "We believe district attorneys have a duty to seek justice for victims of all forms of crime and oppose policies that systematically decline to prosecute crimes."

Fueling Lawlessness and Business Closures by Making it Harder to Prosecute and Punish Cases of Organized Retail Theft.

This bill prohibits any state agency from assisting in the enforcement of any federal law or regulation on oil and gas operations unless such action is aligned with state regulation. Support is the position of the Texas GOP Platform under Energy and Environment Section 56: "Midland Not Moscow". "We fully support and encourage greater energy production in the Permian Basin and throughout Texas, as well as the necessary policies and infrastructure investment in roads, pipelines, and ports. This will support Texas workers and help America’s energy security, instead of increasing our reliance on foreign governments that do not benefit America or our allies."

Protecting the Oil and Gas Industry from Overreaching Federal Climate Change and Environmental Regulations.

This bill provides that businesses with revenue up to $2.47 million are not required to pay any franchise tax (previously $1 million). Additionally, those businesses are no longer required to file a tax information report. Support is the position of the Texas GOP Platform under Spending Restraint Section 82: "Repeal Taxes". "We support abolishing the following: Business franchise taxes."

Expanding Economic Growth by Increasing the Franchisee Tax Exemption from $1 Million to $2.47 Million.

This bill provides that a person who sells or leases a vehicle weighing at least 6,000 lbs. is not liable for not retrofitting the vehicle with equipment, or selecting certain equipment, that was not required under federal regulations when the vehicle was manufactured or sold. Support is the position of the Texas GOP Platform under Courts, Prosecution, Restitution Section 184: "Frivolous Lawsuits". "We support further reform to discourage frivolous lawsuits. We oppose the abusive use of class action lawsuits and any law that allows government agencies to collect lawyer fees from the plaintiff when they win but not have to pay the plaintiff fees when they lose."

Protecting Truck Rental Companies from Frivolous Litigation for Not Retrofitting Trucks with Safety Equipment Upon their Sale.

This bill allows retired judges who have a handgun license to carry a firearm into restricted places, such as courthouses, schools, and polling locations. Support is the position of the Texas GOP Platform under Citizen Rights Section 32: "The Right to Keep and Bear Arms". "State and Federal Legislatures shall: Recognize the right of License to Carry holders to carry anywhere off-duty or retired law enforcement can carry."