November 9, 2004

• From The National Conference of State Legislatures
• Texas Congressional Delegation Now Republican Majority
• Legislative/Congressional Update
• Congressional Update

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From The National Conference of State Legislatures

The following post election analysis of state races is from the National Conference of State Legislatures (NCSL).

Democrats Appear to Make Gains in America's State Legislatures
Tuesday's state legislative elections did little to change the political landscape that shows a divided electorate. Democrats and Republicans find themselves stuck as they try to squeeze through the door to control of America's legislatures.

The 2004 election gave each party hope, but ultimately they remain locked in political parity.

"The parties are in a perpetual game of political tug of war," said NCSL political analyst Tim Storey. "For the past three years, one has moved the flag an inch, only to lose that ground the next election. It is hard to imagine this parity could get any tighter, but it appears that it has."

NCSL's initial analysis of the 2004 elections give Democrats a slight edge in gaining political ground, picking up a few more legislative chambers than their GOP counterparts. They also overtook the Republicans in total state legislators. Before the election, Republicans had 64 more legislators. Now, the Democrats lead by twelve.

By the slimmest of margins, Democrats claimed the most political chamber switches of the night. Based on unofficial results, the Democrats won the Colorado House, Colorado Senate, Montana Senate, North Carolina House, Oregon Senate, Vermont House, Washington Senate. In the case of the Colorado and Washington chambers, the margin of victory is only one seat, and recounts are expected in several districts.

Republicans continued to make gains in the South, claiming the Georgia House, Oklahoma House and Tennessee Senate. They also wrested the Indiana House from the Democrats.

It appears as though the nation may have several tied chambers. The Democrats drew even with Republicans in the Iowa Senate. The Montana House may also end in a tied chamber situation. The current breakdown there is 49 Democrats and 50 Republicans. One seat that a member of the Constitutional Party appeared to have won by one vote is being recounted.

Before the election, Republicans had a 21-17 lead in control of state legislatures; 11 states had split control. After yesterday's balloting, Republicans maintained a razor-thin margin of 20-19 over the Democrats with 10 state legislatures with split control. As of 11 a.m. MT on Nov 4, Republicans controlled 50 chambers; Democrats 47; one chamber is tied.

Nearly 80 percent of the nation's 7,382 seats in the nation's state legislatures were up for grabs this year. State legislative elections were held in 44 states.

Prior to the election, NCSL identified the ten state legislative battlegrounds: Colorado Senate, Georgia House, Indiana House, Maine Senate, Montana House, North Carolina House, Oklahoma House, Oregon Senate, Vermont House, Washington House and Washington Senate. Eight of the ten switched party control. The Washington House did not switch and results from the Maine Senate and the Montana House are still in the air.

NCSL is the bipartisan organization that serves the legislators and staffs of the states, commonwealths and territories. It provides research, technical assistance and opportunities for policymakers to exchange ideas on the most pressing state issues and is an effective and respected advocate for the interests of the states in the American federal system.

Interestingly, while President Bush carried the State of Texas by 61 percent of the popular vote, the split between Republicans and Democrats in the 31 member state senate and 150 member State House of Representatives remained as before the election. Pending recounts, neither party appeared to gain or lose. Although with one race still in doubt, the Democrats may gain one seat in the House of Representatives.

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Texas Congressional Delegation Now Republican Majority

The November 2nd election flipped the final Democratic majority in the state. A new redistricting map pushed through the Republican majority 78th Texas Legislature last year helped the party gain a 21-11 majority in the state's congressional delegation for the 109th Congressional Session next year. This will be an increase over the current 17-16 Republican majority.

The new map forced five Democratic incumbents into tough re-election races against Republican incumbents or Republicans in heavily Republican voting districts. Only incumbent Congressman Chet Edwards (D-Waco) survived.

The Republican gains put in place the final building block. Republicans already held all statewide elected offices and both chambers of the state legislature.

Some congressional Democrats leaving in January, victims of the new congressional map, are seen as possible candidates for statewide office as retiring U.S. Rep. Jim Turner and defeated U.S. Representatives Charles Stenholm and Martin Frost.

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Legislative/Congressional Update

The 79th Regular Session of the Texas Legislature convenes on January 11, 2005. The following higher education/student financial aid related bills have been prefiled for consideration during the Session.

Full background and details of each bill can be accessed at Texas Legislature Online (www.capitol.state.tx.us).

HB 19 — Relating to tuition and fee rebates for timely completion of degree programs offered by general academic teaching institutions.

HB 20 — Relating to a pilot program to provide reduced undergraduate tuition during a summer term or session at Texas A&M University.

HB 37 — Relating to automatic admission of undergraduate students to a general academic teaching institution that is a component institution of a university system.

This bill proposes to allow students admitted under the state's "Top 10 percent" law to an institution that is a part of the University of Texas System, Texas A&M University System, Texas State University System, Texas Tech University System, University of Houston System, and University of North Texas System to be enrolled by the system at any component institution within that system.

HB 40 — Relating to tuition assistance granted to certain members of state military forces attending public or private institutions of higher education.

HB 64 — Relating to the automatic admission to public institutions of higher education of certain undergraduate transfer students.

This bill proposes to require public general academic institutions to automatically admit graduates of the state's public community colleges who receive a degree with a 3.0 GPA.

SB 30 — Relating to tuition and fee exemptions for students contracting to graduate in a timely manner from public institutions of higher education.

This bill proposes to allow a student to enter into a contract with the institution to receive an exemption for payment of tuition and fees in return for the student graduating within the prescribed time for the degree and maintaining a 15 credit hour per semester course load.

SB 31 — Relating to requiring students receiving certain financial aid at institutions of higher education to meet timely graduation and academic progress requirements.

This bill proposes to substitute "30 hours" for the "75 percent completion" satisfactory academic progress requirement in the TEXAS Grant and Tuition Equalization Grant programs after the freshman year, and apply the same requirements as those for the Texas B-On Time loan program.

SB 32 — Relating to certain special tuition rates at institutions of higher education.

This bill proposes to allow institutions to charge lower tuition rates for summer sessions.

SB 33 — relating to graduate stipends awarded as part of the Texas B-On Time loan program.

This bill proposes to allow graduate students who received B-On Time loans as undergraduates to qualify for $2,5000 graduate stipends.

SB 34 — Relating to the tuition rebate program for certain undergraduates at certain public institutions of higher education.

This bill proposes to allow a tuition rebate for undergraduates who graduate within the prescribed time for their degree as required for a Texas B-On Time loan.

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Congressional Update

The 108th Congress will convene for one last, mini lame duck session on November 16th to complete its work prior to adjourning sine die.

The new 109th Congress will convene on January 5, 2005 for its two year session.

On the agenda for the lame duck session are:

• completion of the 13 FY2005 appropriations bills (only four — Defense, District of Columbia, Military Construction, and Homeland Security) have been passed and signed into law);
• increasing the public debt ceiling of $7.384 trillion which was breached on 10-14-2004;
• completion of conference committee report on S.2845/HR10, the National Intelligence Reform Act;
• highway and transit funding;
• welfare reform;
• energy policy.

Of course, there is no guarantee that all of these will be addressed during the two week session. The FY2005 appropriations bills are the only required items that need to be completed before final adjournment.

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For more information, contact:

TG Congressional and Legislative Relations
(512) 219-4503
P.O. Box 83100
Round Rock, TX 78683-3100