Candidate Questionnaire

January 2008

Opinions/Editorial

Name: Rep. Dan Branch
Street address: 2100 McKinney Avenue, Suite 1501A
City: Dallas
State: TX
Education: SMU School of Law; Oklahoma Christian University; Institute on Comparative Political & Economic Systems, Georgetown University
Date of Birth: March 5, 1958
Campaign Office Phone Number: 214.745.5444
Fax number: 214.745.5883
E-mail address: info@danbranch.com
Campaign Web Site: www.danbranch.com

Length of residency in Dallas County: Over 24 years
Occupation/main source of income: Shareholder, Winstead PC
Current civic involvement/accomplishment highlights: Member, Dallas Achieves Commission, Dallas ISD; Member, Mayor Tom Leppert’s Downtown Dallas Task Force; Chairman, Board of Directors, SMU John Tower Center for Political Studies; Trustee, The Fund for American Studies; Board Member: Boy Scouts of America/Circle Ten Council, the Southwestern Medical Foundation and Dallas Summer Musicals; Member, Council on Foreign Relations; Member, Dallas Committee on Foreign Relations

Legislative involvement: Chairman, House Select Committee on Higher & Public Education Finance; Chairman of Budget & Oversight, House Public Education Committee; Vice Chair, Education Subcommittee, House Appropriations Committee; Member, House Calendars Committee
Previous civic involvement/accomplishment highlights: President, The Dallas Assembly; Executive Committee, The Real Estate Council of Dallas; Chairman, Texas Public Finance Authority; Chairman, The Dallas Sixty PAC; Board Member, The Dallas Breakfast Group and Chairman, Greater Dallas Chamber Federal Relations Committee
Previous public offices sought/held: 2008 Texas House District 108 GOP Primary Nominee-unopposed; 2006 Texas House District 108 General Election Winner; 2006 Texas House District 108 GOP Primary Nominee-unopposed; 2004 Texas House District 108 General Election Winner; 2004 House District GOP Primary Nominee-unopposed; 2002 Texas House District 108 General Election Winner; 2002 Texas House District 108 Primary Winner; 1991 Special Election for Texas 3rd U.S. Congressional District Candidate
How much funding have you raised for your campaign? Over $525,000 on hand – please see public information filed with the Texas Ethics Commission
Who are your top three contributors? Broad constituent support – please see public information filed with the Texas Ethics Commission

Have you ever been arrested? If so, explain:
No

Why should voters choose you over your opponent?

Texans’ choice for leadership matters, because TEXAS MATTERS. Texas has an economy that is larger than all but 10 other nations. Texas is the leading exporter of goods and services in the United States. Texas and four other states make up approximately 40% of the U.S. GDP. If Texas falters, the country could stumble. If our nation stumbles, there are global ramifications. It’s critical that we get it right in Austin.

I’m running for office because the 4th largest metropolitan area in our nation and the 12th largest metropolitan economy in the world needs thoughtful, energetic, results-oriented leadership to manage the staggering population and infrastructure growth challenges that currently loom over our state.

I’m running for office because my chairmanship, key committee assignments and policy area expertise allow our heart of Dallas constituents to be represented at the center of the fight to produce an educated workforce - the critical infrastructure of a knowledge-based economy - and have an advocate for solutions that benefit the citizens of D/FW and Texas.

Texans deserve leaders that will ask the right questions, exercise good judgment, and have the courage to make the tough decisions to keep us competitive in a 21st century economy. I am running on my record of results in the Legislature, and ask for voters’ support so that I may continue to fight for solutions that address our critical infrastructure challenges of and educated workforce, power and the balance of air quality, water, transportation, and maintaining public & social safety nets. We must balance our limited government tradition of low taxes, responsible spending and few regulations with our challenge to not be penny-wise and pound foolish by under-investing in our infrastructure needs, which could jeopardize our future.

Is public education adequately funded in Texas? Please cite specifics to support your position. What changes would you make to funding levels or formulas, if any?

In a 21st century, “knowledge-based” economy, there is no more important infrastructure than an educated workforce. Many members of the Texas Legislature and particularly the House Appropriations Committee “get it,” and make education the state’s highest budget priority. This cycle we committed 44 cents of every state tax dollar to public & higher education, the largest area of investment & spending in our state budget, but a bottomless checkbook alone won’t produce the critical thinkers needed to solve our problems and drive the Texas of tomorrow. We need to consider additional funding for education, but also demand more education for each tax dollar.

As Chairman of the House Select Committee on Higher & Public Education Finance, the committee charged with re-engineering funding formulas for both public and higher education, I am investigating revisions to our school funding systems by visiting campuses, meeting with parents, teachers, principals, superintendents, school board members and other experts. Although, not nearly a complete list of proposals under consideration, ideas of current interest to our constituents and beyond include increasing the technology allotment to make the classroom experience more engaging and relevant to our students’ multi-task learning style, working to fund an increase in the cost of education index to allow for inflation and reducing our reliance on Robin Hood.

Do you favor any changes in the new business tax for schools and, if so, what are they?

The revised franchise tax is part of a larger package of legislation that is providing a more stable funding stream for our public schools, offsets much needed tax relief for property owners and makes our public schools less dependent on an inequitable (property values) source of funding.

While the franchise tax, which dates back to the early 1900’s, has been re-tooled and rolled-out over a 2 year period, there are still improvements (such as looking at certain pass-through deductions), that may need be considered to protect business owners, keep the tax flat and the rate low. That’s why I authored HJR 44 to amend the Texas Constitution to require a super-majority vote of the Legislature before the franchise tax rate can be increased.

The revised franchise tax is a low, flat tax that better fits our service-based economy. The revisions doubled the small business exemption and lowered the nominal rate from 4.5% to maximum effective rates of 0.35% to 0.7%. These revisions to the franchise tax along with 33.3% rate cut to local school taxes and the elimination of the Telecommunications Infrastructure Tax (TIF) allow Texans to continue to enjoy one of the lowest per capita state tax burdens in the country, and the lowest per capita tax burden of all large states.

As lawmakers review the accountability system for schools (the TAKS-based rating scale), what changes would you advocate? Do the ratings rely too heavily on one test or should the TAKS remain the foundation of the system?

The accountability system in Texas has played a vital role in improving reading and other basic skills among our elementary school students. This session, I voted for SB 1031 to phase out the TAKS test in high school and instead assess student achievement by measuring their success in math, science, English & social studies classes based in large part on their overall average of end-of-course exams throughout their high school years. The multi year, multi-discipline, end-of -course exams maintain accountability for schools, provide multiple ways for students to satisfy graduation requirements, and provide a more accurate and comprehensive picture of their high school achievement than a single pass/fail, high-stakes, TAKS test.

Should lawmakers take any action in response to rising tuition at state universities, such as reregulation by the Legislature? Should the state spend more money on higher education and, if so, where would the money come from?

As a father of five between the ages of 13-20, I am acutely aware of the financial sacrifices families must make to invest in higher education for their kids. Tuition costs at Texas public universities and colleges compare favorably with most states, even after 4 years of deregulation. High-achieving students need a rigorous academic environment. Deregulation has allowed our state universities to save classes and laboratories that faced cuts or elimination due to funding shortfalls and allow them remain competitive with other states by providing critical resources to attract outstanding, world-class faculty and the private and federal research grant dollars that come with them.

One condition of tuition deregulation requires that 20 percent of any tuition increase above the previous cap of $46 per semester credit hour be set-aside for aid to low and middle income families.

As vice chair of the House Subcommittee that writes the education portion of the budget, I was proud to help deliver to Texas families this session over $140 million in new financial aid and college work study dollars. My colleagues and I created the Texas Tomorrow Fund II as an opportunity for families to lock in today’s tuition rates for their children’s future education needs, and Texas voters also approved $500 million in bonds to finance more student loans.

Do you favor a boost in the motor-fuels tax to keep up with road-building needs?

We must consider an array of options in this area because the state gas tax alone cannot fund our road-building needs. Currently, the motor fuels tax revenue pays for 32% of our transportation budget. Of the 20 cents of gas tax on each gallon, 5 cents goes to education and some of that other 15 cents goes to peripheral transportation needs. We need to prioritize the spending of gas tax revenues on our most critical mobility challenges and consider adjusting it for inflation.

Are toll roads a better way than higher taxes to fund road construction?

We can neither tax, nor toll our way out of our traffic congestion. It’s going to take a full range of options in the transportation “toolbox” to build and maintain the capacity we’ll need to keep Texas moving. With over 1,000 new Texans pouring into the state each day and 10 million new Texans expected by 2026, our traffic congestion will continue to grow in a dramatic fashion. Toll roads have been a fixture in North Texas for decades, and will continue to help alleviate congestion and fund transportation projects. We must take a critical look at toll roads, public private partnerships, HOV lanes and enhanced mass transit opportunities to avoid the congestion that worsens our air quality, robs our citizens of family time and our enterprises of rapid movement of goods and services.

Does the state need a parallel highway to I-35 to relieve intercity traffic congestion in future years? If so, how would you proceed in ways that differ from the Trans-Texas Corridor planning?

Anyone who was on 1-35 this holiday season can attest to the need for more lanes and alternative intercity routes in the key traffic corridors across the state. This is a long-term undertaking that will affect generations of Texans, so it’s critical to get it right. This session, we passed SB 792 to enact a two-year moratorium on most Trans Texas Corridor (TTC) contracts to allow for closer scrutiny of the details of public private partnerships, but exempted much of D/FW and allowed NTTA to successfully bid for SH 121and SH 161. The contracts with NTTA will keep these public roads in public hands and will generate approximately $4 billion for high priority local road-building projects.

We must move forward with either the TTC, or another alternative to I-35, that ensures that Texans’ private property rights are respected, that contracts are structured to prevent unworkable non-compete clauses or excessive buyout penalties, and that any associated public-private partnerships are structured in a way make them a good deal for Texans as well as the private parties.

Do you favor legislation that would allow local-option elections for cities that want to boost their sales taxes beyond current limits and hook into the regional rail transit network?

Large scale transportation planning deserves a regional solution. A raise in the sales-tax cap could be one alternative to additional toll roads or an increased gas tax. This session I co-authored HB 2084, which would have allowed local-option elections for D/FW voters wanting to use sales tax revenue to hook into regional transit systems, because I believe local governments and taxpayers should have a say on such a critical decision. I have encouraged those who oppose this approach to sit down with opponents to work out a compromise that allows us to move forward with mass transit in this region. If re-elected by the voters I look forward to bringing this compromise to the Legislature in 2009.

TXU’s proposal to build 11 coal plants raised serious questions about Texas’ approach to air permits. What changes, if any, should lawmakers make to the permitting process for power plants?

While an ample source of affordable power is critical to keep Texas running, few would dispute that we need a better mix of power sources to keep up with our booming population and increasing consumption rates. A long-term solution can’t ignore the need for new generation, but the permitting process must be thorough, rigorous and result in approval of additional plants that produce clean and affordable energy. Improving air quality must be a high priority.

The state’s growing population and polluted skies pose serious challenges from an energy perspective. How can the state strike a balance and meet the demand for energy while protecting the environment?

Surprisingly, vehicular traffic as opposed to coal plants are the biggest contributor to air pollution in Texas. For this reason, I sponsored SB 12 to extend the Texas Emissions Reduction Plan (TERP) & /Low Income Vehicle Repair Assistance Program (LIRAP) that helps reduce air pollution generated by vehicles while helping working Texans pay for costly auto repairs that make their cars & trucks less toxic for the environment.

Energy conservation is a part of the solution to both protect our environment and manage our energy crisis. I co-authored HB 3693, because it provides a comprehensive approach to energy efficiency with the state setting an example on how conservation can work. It requires state agencies, universities and local governments to adopt energy efficiency programs, revises building codes and supports research into alternative technology and renewable energy sources. These measures should result in reductions in our energy consumption and avoid new costs for power lines and electric plants. Beyond conservation, we must encourage the federal government to approve new construction of nuclear power plants, and as a state we must continue to promote renewable energy sources such as wind, biomass and switch grass-based ethanol.

What changes, if any, should be made to the administration of the death penalty in Texas?

I support capital punishment as a just sentence for the most heinous of crimes; however, it’s imperative to clarify exceptions for the insane and mentally retarded. There has been evidence that lives have been ruined, and even ended, due to inaccurate results from DNA testing labs in this state. I support improvements to the appeals process to help ensure convictions are solidly grounded in accurate evidence, and protecting prisoners’ ability to use advancements in DNA testing to either reexamine existing evidence or enter new evidence in their defense. In 2005, I also voted to allow life without parole as a sentencing alternative to capital punishment in certain instances.

What needs of low-income Texans should be addressed by legislation?

The best ways to help low-income Texans are the same measures that will improve life for all Texans. Better educated people enjoy better health, so we need to do the hard work to improve our public school system. Health maintenance is less expensive than a health crisis, so it’s important that we make health insurance more accessible and affordable, which is why I voted for HB 109 to expand coverage for needy children and families. We need to provide a safety net for our citizens and take care of our most vulnerable Texans, but we must also support measures to keep our job-creation (currently, best in the nation), and economy strong, as well as create incentives for people to escape the cycle of poverty.

What changes, if any, are needed in the state’s open-records and open-meetings laws?

Texans are lucky to enjoy some of the most comprehensive Open Meetings and Public Records statutes in the country, but until November 2007, we were one of only 10 states where a bill could pass into law without an on-the-record, up or down vote. I am proud to have led and won a three-session, hard fought, legislative battle this year to give Texans the opportunity to make recorded votes a part of our Constitution. The “recorded votes” amendment, Prop. 11, passed with the support of almost 85% of voters. I will continue to support measures that improve public access to the legislative process and demand more transparency in government.