We voted for a constitutional amendment on spending and passed it, seeking to control government spending. But the only folks with the standing to enforce it are the folks only folks who can break it -- meaning that the amendment is null-and-void as far as the courts in Texas are concerned, because the people have no remedy for its violation.

A judge has dismissed a lawsuit filed by a Houston taxpayer group against legislative leaders over the level of state spending.

Visiting state District Judge Bill Bender of Seguin ruled Monday that Citizens Lowering Our Unfair Taxes didn't have standing to sue the Legislative Budget Board over the state's constitutional spending cap, which limits the state budget from growing more than the Texas economy.

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Tom Kelley, a spokesman for Attorney General Greg Abbott, who defended the legislative leaders, said the judge "properly ruled that these issues fall strictly within the province of the Texas Legislature and the Legislative Budget Board."

Now the problem is that the Legislative budget Board has allowed for growth beyond what the amendment permits -- and the legislature has gone along iwth it, rahter than making the tough decisons to rein -in spending.

Clout's Edd Hendee, who also hosts the morning show on KSWV radio, notes the outrageous nature of this decision.

Edd Hendee, CLOUT's executive director, said the group will file an appeal with the Third Court of Appeals in Austin.

"If a taxpayer doesn't have standing in a courthouse, I question who does," he said.

After all, those violating the Constitution are unlikely to take legal action to force their complaince with the mandate -- but they have been held to be the only folks with standing to do so.

If you want to read more, Lone Star Times has coverage of the "hearing" -- at which the judge heard no evidence.

Posted by: Greg at 11:05 PM | Comments (7) | Add Comment
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