Become legislatively savvy in just 1 week!
Prepared by DENPAC Texas Dental Association Political Action Committee 1946 S IH35, Ste 400 Austin, TX 78704 denpac.org
April, 2008
TABLE OF CONTENTS Day 1 — The Texas Legislature.................................................02 How does the legislative process work? How does a bill become a law?
Day 2 — Voting Power..............................................................08 Why should you vote? How do you register to vote? Where do you go to vote? Who should you vote for?
Day 3 — Grassroots...................................................................12 How do I know who represents me? How do I develop a relationship with my legislator? What is a key contact dentist? How do I stay informed on issues that are affecting dentistry? What is a lobbyist and what do they do for us?
Day 4 — Political Action...........................................................16 What is DENPAC? Why do we need DENPAC? What does DENPAC do? How can I participate in political action? Where do my DENPAC dollars go?
Day 5 — Dental Issues..............................................................20 How many dental issues could possibly be decided by state officials? What are the legislative issues facing Texas dentists?
Day 6 — State Law vs. State Board..........................................26 What is the difference between state law and state board rules?
Day 7 — Review.........................................................................30 What have you learned? How did you score? Where do you rank?
References
The Texas Legislature
DAY 1
The Texas Legislature
In order to understand Texas Politics, we will have to start with the basics. On Day One we will review the legislative process and the roles of the Texas Senate and House of Representatives.
How does the legislative process work? The Texas Legislature is a bicameral system divided into two chambers: the senate and the house of representatives. Their duties are to pass all laws governing the state and submit all constitutional amendments to the voters of Texas. The Texas Legislature convenes in Austin for a regular session every 2 years on odd numbered years. A regular session is 140 days. The Governor may call additional 30 day sessions (special sessions) as he or she deems necessary. At such sessions the legislature may consider only the subjects submitted by the Governor.
FUN FACT: Texas has the nation’s largest state capitol building. The main building covers 2.25 acres of ground with 8.5 acres of floor space. A four-story, 650,000 square foot underground extension was added in 1993. The dome of the Texas Capitol stands 7 feet higher than that of the US Capitol.
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DAY 1
The Texas Legislature
Texas Senate The senate is composed of 31 members. The senators are elected to a term of 4 years. The Lieutenant Governor, elected by the voters, presides over the senate. The Lieutenant Governor appoints all senate committees and assigns all bills to committee. Senate confirmation is required for all state officials appointed by the Governor.
Texas House The house is composed of 150 members. The representatives are elected to a term of 2 years. The Speaker of the House, elected by a majority vote of the house members, presides over the house of representatives. The Speaker appoints all house committees. Tax bills may only originate in the house.
How does a bill become a law? A law begins as a bill. A representative or senator gets an idea for a bill by listening to the people he or she represents and then working to solve their problem. The idea is researched to determine what state law needs to be changed or created to best solve that problem. Once a bill has been written, it is introduced by a member of the house or senate in the member’s own chamber with the exception of tax bills that must originate in the house.
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DAY 1
The Texas Legislature House
Bill introduced, numbered, read 1st time, and referred to committee by Speaker. Committee studies bills, posts notice of hearing, holds public hearing, and acts in formal meeting resulting in Unfavorable report
Favorable report with Substitute or amendments.
No amendments.
Bill may be revived by minority report on motion adopted by majority vote of House.
Bill printed on committee report and distributed. Bill goes to calendar committee for assignment to a calendar. Second reading, debate, amendments by majority vote and passage to third reading. Third reading, debate, amendment by 2/3 vote and final passage by House. House engrossed text with Senate amendments printed and distributed. House concurs in Senate amendments on motion adopted by majority vote. Bill enrolled. Signed by Speaker in presence of House.
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Sent to Governor.
DAY 1
The Texas Legislature Senate
Engrossed bill received, read 1st time, and referred to committee by Lt. Governor. Committee studies bills, posts notice of hearing, holds public hearing, and acts in formal meeting resulting in Unfavorable report
Favorable report with Substitute or amendments.
No amendments.
Bill may be revived by minority report on motion adopted by majority vote of Senate.
Bill printed and distributed. Second reading, debate, amendments by majority vote and passage to third reading. Third reading, debate, amendment by 2/3 vote and final passage by Senate.
If amended return to House as amended.
If not amended,
Bill enrolled. Signed by Lt. Governor in presence of Senate. Sent to Governor.
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Voting Power
DAY 2
Voting Power
Here we are at Day Two. Today we will discuss the importance of voting and the power of one vote, particularly in state and local elections. We will also find out how to register to vote, where to go to vote, and other important voting information.
Why should you vote? It’s simple – when you do not vote, you let others speak for you. When you do not vote, by default you cast your vote against the person or proposal you would prefer. The power of a single vote is staggering. When you do not vote, that vote is one less the opposition has to overcome, thus your “no vote” is a vote for them. It is our right to stand up and be counted. And the way we do that is by casting our ballot. In 1923, just one vote resulted in Adolf Hitler gaining leadership in the German Nazi Party.
How do you register to vote? You can register to vote with the Texas Department of Public Safety, in person at the county voter registrar’s office, or by mail. You may obtain a voter registration application from the county voter registrar’s office, the Secretary of State’s office, libraries, many post offices, high schools, and on the web at www.sos.state.tx.us/elections/voter.
Where do you go to vote? Polling places are usually listed in your local newspapers in the weeks before the election. Call your county clerk, county elections administrator, or political subdivision conducting the election in order to find your polling location.
DAY 2
Voting Power
Who should you vote for? As Americans, we have the right to vote, but as individuals it is our responsibility to research the candidates and where they stand on important issues before hitting the voting booth. Every election is important for your profession, family, and community. So do your homework so you can make an informed decision!
Texas Secretary of State sos.state.tx.us
DID YOU KNOW: At one time, only white males owning property could vote. The voting age was 21 and only lowered to 18 in 1971.
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Grassroots
DAY 3
Grassroots
Day Three will take you through finding out who represents you, how to develop relationships with your legislators, and how to become more involved with grassroots efforts in your community. Cultivating a grassroots presence for dentistry in every legislative district is key. The more involved you are at home with your local politicians and their campaigns, the more influence dentistry gains at the legislative level.
How do I know who represents me? You can find out who represents you at the state and federal level by calling the Legislative Reference Library of Texas at (512) 463-1252, or by visiting the Texas Legislature Online at capitol.state.tx.us and clicking “Who Represents Me?” on the main home page.
How do I develop a relationship with my legislator? Most elected officials want to know as many of their constituents as possible. You can develop a relationship with your legislator by volunteering for their political campaign, hosting a private fundraiser in your home or office, or inviting them as a special guest to public functions such as dental society meetings, building dedications, groundbreakings, and charity events. Once you have developed a relationship with your legislator, contact the Texas Dental Association legislative department and establish yourself as a key contact dentist.
DAY 3
Grassroots
What is a key contact dentist? A key contact dentist is an individual who is committed to the advancement of TDA issues and who serves as a liaison to one or more elected or appointed policymakers. The Texas Dental Association needs you to serve as a key contact to Texas’ state officials. Do you know the Governor, Lieutenant Governor, a legislator and/or a state official? If so, let us know and, if not, let us help you build a relationship with the legislators in your district! In an effort to increase TDA’s contact database and to build our strength at the grassroots level, we would like you to complete a form for those elected/ appointed officials whom you could serve as a key contact. You can obtain a form by calling the TDA central office at (512) 443-3675 or submit your form online by visiting www.denpac.org/keycontact. A strong grassroots organization will help to ensure a voice in government for the dental profession.
How do I stay informed on issues that are affecting dentistry? The Texas Dental Association is the driving force behind keeping Texas dentists informed on issues affecting dentistry. You can stay up to date by reading all publications and mailers sent from TDA central office. You may also visit the legislative pages located on the TDA website to view up-to-theminute legislative activity at the state level.
DAY 3
Grassroots
To get insider information on the “who’s who” and the “what’s what” at the Texas State Capitol, you can contact the TDA legislative department and/or the TDA lobby team at (512) 443-3675 or at legislative@tda.org.
What is a lobbyist and what do they do for us? A lobbyist or legislative consultant is someone who works for a special interest group and who builds relationships with legislators and tries to persuade legislators to vote for bills that are favored by that group. The Texas Dental Association has a lobby team composed of three outside legislative consultants who report to the TDA director of public affairs. This team lobbies for dental issues during the legislative session and presents legislative candidate evaluations to determine campaign contributions during the campaign season. These individuals are an essential part the TDA legislative team.
Political Action
DAY 4
Political Action
Just what is a political action committee? On Day Four we will tackle that question as well as what political action committees do, why we need them and how they help protect the profession of dentistry in Texas. A POLITICAL ACTION COMMITTEE (PAC) is an organization formed by business, labor, or other special-interest groups to raise money and make contributions to the campaigns of political candidates it supports. PACs became popular in the 1970’s after campaign finance reform laws put limits on the amount of money an individual can contribute to each candidate for public office. PACs allow individuals that support the same issues to combine their financial support to candidates into a significant single donation.
What is DENPAC? DENPAC, the general purpose action committee of the Texas Dental Association, is a voluntary, non-profit, unincorporated group of dentists whose goal is to influence the nomination or election of state candidates who have demonstrated their concern for the preservation of dentistry as an independent profession and for the dental health of the people of Texas.
Why do we need DENPAC? State government plays a vital role in setting guidelines for how you run your practice on a daily basis. From taxation and regulation to scope of practice and licensing, the Texas Legislature makes decisions affecting every aspect of the dental profession.
DAY 4
Political Action
DENPAC exists to help safeguard against counter-productive legislation and to ensure that the Texas Dental Association is a constant presence at our state capitol. When lawmakers address issues affecting the practice of dentistry in Texas, DENPAC is hard at work making your voice heard.
What does DENPAC do? Along with the practice of dentistry, DENPAC promotes and protects the dental health of the people of Texas. The Texas Dental Association advocates funding of charitable programs such as CHIP and Medicaid, and strives to keep these programs available to patients in need.
How can I participate in political action? You can participate in political action by attending the TDA Legislative Day, becoming a key contact dentist, getting involved as a local DENPAC representative, or simply by contributing. You can contribute to the PAC in many different ways and at many different levels. You can give through your TDA membership dues statement, online at denpac.org, by phone at (512) 443-3675, or through the DENPAC EZ Pledge Program.
DENPAC MEMBERSHIP LEVELS: Century Club
$100
President’s Club $850
Gold Club
$250
Platinum Club
$1200
Governor’s Club
$500
Students
$10
Partners: The Partnership Program extends memberships to family members, staff, component societies, affliates, and allied groups at half the amount of the established membership levels.
DAY 4
Political Action
Where do my DENPAC dollars go? The TDA provides funding for all administrative expenses incurred by DENPAC including professional staff and office facilities. Therefore, one hundred percent of your DENPAC dollars go directly to candidates seeking state office. It is essential that we help elect responsive candidates who understand the important role dental health plays in our communities. Working together we can protect our patients and ensure that dentistry is practiced the way we know it should.
“We (DENPAC) must increase our pace and we must enlarge our position in public affairs. We must increase our support and get others to increase their support for our cause — the preservation of the private practice of dentistry, the curbing of the illegal and unethical operator and very importantly, the guiding of our public officials in matters which directly affect our profession and the public who receive our services. We must maintain continuous contact and rapport with our legislators as it is important that they know who we are when we need them.” Dr. L.M. Kennedy, former DENPAC chairman 1967 TDA House of Delegates Report
Dental Issues
DAY 5
Dental Issues
Now that you know how the legislative process works, the power of voting, and the importance of political action, you probably want to know how it all applies to the dental profession. On Day Five we will review the role the state legislature plays in your practice and what legislative issues face Texas dentists.
How many dental related issues could possibly be decided by state officials? Every legislative session hundreds of bills contain the words dental, oral health, or other terms relating to the practice of dentistry. The Texas Legislature decides everything from license renewal fees and continuing education hours to Medicaid reimbursement rates and taxation. Ninety percent of everything related to the practice of dentistry in the state of Texas is governed by the Texas Legislature.
What are the legislative issues facing Texas dentists? Issues facing Texas dentists vary from session to session. However there are a few we can expect to arise every legislative year. These include:
Taxation on Dental Practices or Services TDA continues to oppose any tax, such as a sales tax on dental services, which would increase the cost of dental care and discourage access. If state fees are increased, the increase should be spread equally across all professions.
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DAY 5
Dental Issues
TDA agrees that the dental profession benefits from a well-educated workforce and patient population, and supports a strong public education system. At the same time, the impact of business taxation on dental practices must be minimal and not interrupt access to care.
Dental Insurance – Preferred Provider Organizations Thanks to TDA’s advocacy, Texas has a unique law requiring state-regulated dental plans to pay both network and non-network dentists at the same rate. These provisions effectively discourage establishment of dental PPOs in Texas. TDA will continue monitoring potential changes to the PPO legislation and will continue to oppose changes in current law.
Unsupervised Practice for Dental Hygienists In every legislative session, a small number of dental hygienists seek legislation to expand their scope of practice. They argue that the expansions are necessary to increase access to dental care for the underserved. This group advocates legislation to perform additional duties and to expand the types of settings where hygienists can practice without supervision. TDA has successfully opposed and prevented legislation that would have allowed dental hygienists to practice without supervision in certain settings prior to the patient being examined by a dentist.
Children’s Health Insurance Program (CHIP) For many years TDA has advocated fee increases in Medicaid and CHIP. After the 2005 legislative session, TDA worked with state officials to reinstate the CHIP dental program and to increase the amount of therapeutic benefits
DAY 5
Dental Issues
available to children. TDA also worked with the state’s dental benefits administrator, Delta Dental, to publicize the reinstated program and to encourage Texas dentists to enroll as providers. In 2007, TDA’s hard work led to an additional increase in reimbursement levels for CHIP dental providers. The Health and Human Services Commission also announced increases to the annual preventative and therapeutic benefit limits. TDA supports efforts to make it easier for eligible families to enroll in CHIP. If additional funding is available, TDA supports increasing therapeutic dental benefits so that children who require extensive treatment can receive it.
Texas Medicaid Program For years, children enrolled in the Texas Medicaid program have suffered limited access to dental treatment. Low reimbursement rates and administrative hassles discourage many Texas dentists from participating in the Medicaid program. In 2007, the state Medicaid program received a total of $1.8 billion in new funding over the next 2 years, including more than $700 million in state funds. Two hundred and fifty nine million in state funds will be used to increase fees for dental services, with another $150 million budgeted for “strategic dental and medical initiatives” to increase access to care, including dental treatment, in underserved areas. TDA continues to improve access to dental care by increasing the number of dentists enrolled in Medicaid. TDA supports simplifying the provider enrollment process and reducing “administrative hassles” that discourage dentists from participating in the program.
DAY 5
Dental Issues
Dental Insurance – Cross Border Health Plans In 2007, legislation was filed that would have permitted US-based insurers and HMOs to offer cross-border group and individual health plans. These plans would have increased participation in private health care coverage and reduced participation in Medicaid and CHIP. Under those plans, eligible enrollees would have received non-emergent care from hospitals and other health care providers in Mexico. These eligible enrollees include US citizens who live within 75 miles of the Mexican border, Mexican citizens who work or reside legally in the US, and their dependents. TDA successfully opposed both bills and will continue to oppose proposals to authorize insurers to offer “cross border” health plans.
State Law vs. State Board
DAY 6
State Law vs. State Board
Regulation of the dental professional can often be confusing. With all the laws governing dentistry being controlled by multiple bodies such as the state legislature and state dental board, how do you make the distinction? On Day Six we will set the record straight on just who does what!
What is the difference between state law and state board rules? Under Texas law, a state agency called the Texas State Board of Dental Examiners (TSBDE) is responsible for regulating the practice of dentistry in Texas. As part of its responsibilities, the TSBDE licenses dentists and dental hygienists, examines candidates for dental and dental hygiene licenses, investigates complaints, and makes rules that address a wide range of issues from agency operations to regulations for dental x-ray laboratories. The agency also enforces the state law and the TSBDE rules that govern the practice of dentistry. Under the Texas Constitution, only the state legislature can enact laws such as the Dental Practice Act (DPA). The DPA is just a small part of a larger set of laws called the Texas Occupations Code. The DPA specifically addresses a wide variety of issues related to the practice of dentistry. For example, it authorizes the TSBDE to enforce state law and TSBDE rules, as well as investigate and punish violators. In addition to authorizing the TSBDE to enforce state law relating to dentistry, the DPA permits the TSBDE to make binding rules without legislative approval. Since the TSBDE meets several times each year, the ability to make rules enables the TSBDE to move quickly to address any issues or problems that may arise. Finally, since the majority of the TSBDE members are dentists, they have the detailed knowledge needed to address issues related to their profession.
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DAY 6
State Law vs. State Board STATE LEGISLATURE
The Texas Legislature passes all laws governing the state, including the Texas Occupations Code.
TEXAS OCCUPATIONS CODE The Texas Occupations Code is a set of laws that regulates certain professions in Texas which includes the Dental Practice Act.
DENTAL PRACTICE ACT The Dental Practice Act (DPA) specifically addresses issues related to the practice of dentistry in Texas.
TEXAS STATE BOARD OF DENTAL EXAMINERS The Texas State Board of Dental Examiners (TSBDE) is authorized by the Dental Practice Act to regulate and enforce state law relating to the practice of dentistry in Texas.
STATE BOARD RULES The State Board Rules are created by the Texas State Board of Dental Examiners to help regulate the practice of dentistry in Texas.
Review
DAY 7
Review
Congratulations! You have made it to Day Seven. Today we are going to test your knowledge and find out what you have learned.
What have you learned? 1) How many senators are in the Texas Legislature?
____________________________________ 2) How many days are in a regular legislative session?
____________________________________ 3) Name one of the ways you can register to vote.
____________________________________ 4) What is a key contact dentist?
____________________________________ ____________________________________ ____________________________________ ____________________________________
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DAY 7
Review
5) What percentage of DENPAC dollars goes to candidates seeking state office?
____________________________________ 6) How many DENPAC membership levels are there?
____________________________________ 7) Name one dental related issue that arises every legislative session.
____________________________________ 8) What percentage of your everyday practice is governed by the Texas Legislature?
____________________________________ 9) Can the Texas State Board of Dental Examiners make binding rules without legislative approval?
____________________________________ 10) What set of laws hold the Dental Practice Act?
____________________________________
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DAY 7
Review
How did you score? Have you become legislatively savvy? Find out by comparing your answers with the ones below. Calculate the total number of questions you answered correctly and find where you rank on the legislative score board.
Answers: 1) 31 2) 140 3) Texas Department of Public Safety, County Voter Registrar’s Office, or Mail 4) A key contact dentist is an individual who is committed to the advancement of TDA issues and who serves as a liaison to one or more elected or appointed policymakers. 5) 100% 6) 4 7) Taxation, Preferred Provider Organizations, Unsupervised Practice, CHIP, Medicaid, or Cross Border Health Plans 8) 90% 9) Yes 10) Texas Occupations Code
DAY 7
Review
Where do you rank? Could you potentially be the next Governor of Texas or is a repeat of poli-sci in your future? Check the score board and see how you ranked!
LEGISLATIVE SCORE BOARD: ( 1 - 3 ) Correct You barely passed political science in college. ( 4 - 7 ) Correct You might have a potential career as a lobbyist. ( 8 - 10 ) Correct The Governor’s seat may be within your reach.
Didn’t score as high as you would have liked? Remember, the TDA legislative department is always on hand to answer any and all questions regarding the Texas legislature, grassroots action, and issues facing Texas dentists. Think of us as your personal resource guide to dental politics.
REFERENCES Texas Legislature Online capitol.state.tx.us
Texas Secretary of State sos.state.tx.us
Poet Patriot poetpatriot.com
Texas State Board of Dental Examiners tsbde.state.tx.us
Texas Legislative Council tlc.state.tx.us