Executive Summary

The 81st Texas Legislative Session began on January 13, 2009.  Governor Perry signed a budget of $182.3 billion, representing a 7.4 percent increase over the current biennium. Although the budget decreases general revenue spending for the 2010-2011 biennium by $1.6 billion in comparison to the 2008-2009 biennium, funding for key areas such as economic development, education and public safety is still maintained. 

In efforts to improve the quality of education for Texas’ children, much focus was placed on school accountability and finance issues.  Progress was made on both of these issues, although counterbalanced at times with regressive measures.  While the Legislature advanced measures to improve teacher quality, school discipline methodology, and to increase access to computers for educationally disadvantaged schools, measures to acknowledge the importance of accurate and transparent graduation rates failed, and several important course requirements, such as P.E., health education, and technology, were either reduced or eliminated altogether. Public school funding was significantly increased by $1.9 billion to help relieve budget constraints.  However, the distribution of this funding may be at issue, as the school finance bill is to be funded from federal stimulus dollars instead of from the state’s general revenue. 

The need for access to health services continues to impact the physical and mental development as well as the overall quality of life of children in Texas.  Unfortunately, two measures which would have resulted in a significant step towards ensuring more children have health coverage did not pass.  The Legislature failed to advance a CHIP buy-in option for families who cannot afford private healthcare.  Also, a measure to provide 12-month eligibility for Medicaid failed to pass.  Progress was made in the areas of immunization record maintenance, nutrition education in early childhood and afterschool environments, and the expansion of parenting awareness programs to middle schools.

Mental health issues negatively affect many aspects of children’s lives, impacting their education, social development, as well as family life.  The Legislature recognized mental health as a priority this Session by significantly increasing funding for mental health services by $82 million.  Community-based mental health services received $50 million in appropriations through the Juvenile Probation Department for competitive grants.  Success was also achieved with measures passed to establish a program to aid children and adults, as well as their families, who are affected by autism, and also to extend health insurance coverage for autism treatment for children until the age of nine.

CHILDREN AT RISK helped draft an omnibus bill, which passed this Session, resulting in great strides in the continuation of our efforts to raise awareness about the problem of human trafficking and to provide solutions for victim relief. A significant part of the bill involves mandated training for law enforcement officers in order to aid in the identification of human trafficking victims, as it is the officers who often have the first opportunity to identify these victims as such.  Additionally, the bill created a statewide human trafficking task force in the Office of the Attorney General, established an assistance program for victims of domestic human trafficking, and provides more protection for minors through changes made to the compelling prostitution statute.

Several advancements were made this Session through child welfare reform.  A measure was passed to expand the population of transition-aged children in conservatorship of DFPS who receive transitional planning services.  This will allow more children to receive services to help them transition to successful independent living, thus reducing their risk of incarceration or homelessness.  Measures were also passed to increase adoption and foster assistance, to raise awareness of abuse by requiring school districts to implement policies regarding sexual abuse, and to help eliminate unnecessary and potentially harmful delay in domestic violence cases through the designation of a district court for domestic violence cases in Harris County.

CHILDREN AT RISK worked to address and improve issues affecting the juvenile justice system.  One issue of concern is adult certification of juvenile offenders.  CHILDREN AT RISK drafted a bill, which was passed by the Legislature, providing both the prosecutor and attorney for the juvenile with a minimum of five days, previously a minimum of one day, to review the juvenile’s file prior to the hearing in which the transfer decision is made.  A measure to permit the sealing of a juvenile offender’s records prior to the standard two-year requirement upon completion of a drug court program was also passed. 

CHILDREN AT RISK tracked over six hundred pieces of legislation introduced during the 81st Legislative Session.  Over 6,500 letters were sent to the Legislature through CHILDREN AT RISK’S network of communication, and thousands of calls were made.  In addition, hundreds of faxes and face-to-face meetings helped support our causes.  This report provides an overview of our areas of priority in addition to a synopsis of what was achieved on behalf of children this Legislative Session.

 Budget

Overview of Children’s Finance Issues

With nearly 28% of the Texas population under the age of 18 and 23.2% of our children living in poverty, it is imperative for Texas to prioritize and adequately fund programs and services to meet the basic needs of our children and to ensure a healthy society. Drafting the budget is of primary importance, as allocations determine the type and amount of funding programs will receive. Along with Texas’ current challenges such as high birth rate, high uninsured rate, low graduation rates, and natural disasters, the country entered into a severe economic recession right before the 81st Legislative Session. Fortunately, with the help of federal stimulus money, the state was able to create a budget without dipping into the Rainy Day Fund. The 81st Legislature passed a budget of $182.3 billion for the 2010-1011 biennium which included $12.1 billion in stimulus money from the American Recovery and Reinvestment Act (ARRA).  The 7.4% increase over the 2008-2009 budget was in line with the Legislative Budget Board’s 3.5% recommendation. However, data shows it is necessary to increase the budget by 8% every two years just to maintain current services.

Policymakers allocated $80.7 billion for General Revenue (a 2% reduction from the 2009-2010 biennium).  The General Revenue Budget allocated the following: 56% for K-12 and higher education; 27% for health and human services; 11% for public safety and criminal justice; and 6% for all other areas.  Fortunately, $6.3 billion in ARRA relief was available for Medicaid and education in 2010-2011.

Texas faced some budget challenges during the 81st Session, and the revenue which legislators had to allocate within the budget was insufficient when compared with the need throughout the state. Texas continues to be ranked in the lowest percentile on health and human services spending in the nation. There were some budget victories in the areas of early education, community-based mental health programs, and transitional services to foster youth. However, funding continues to significantly lack in health coverage, expenditures per student in the classroom, and services for victims of human trafficking. Texas must make children a priority and draft a balanced budget that reflects their importance, meets their most basic needs, as well as invests in the future of children.

For questions or comments, please contact:
Mandi Kimball, Director, Public Policy and Government Affairs
mkimball@childrenatrisk.org or 713.869.7740