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Richard Wayne Smith, known as Wayne Smith (born August 17, 1943),[1] commonly known as Wayne Smith, is a former seven-term Republican member of the Texas House of Representatives for District 128. He was first elected in November 2002 and served until January 2017.[2]
On May 24, 2016, Smith was unseated by 23 votes in the Republican runoff election by Briscoe Cain, 3,050 (50.2%) to 3,027 (49.8%)[3]
Smith was born in Bell County, Texas to James Richard Smith and the former Mary Ruth Bouldin.[4] He is a veteran of the United States Army, in which he served in the Vietnam War and won 4 Campaign Stars, the Army Good Conduct Medal, the Republic of Vietnam Campaign Medal, and the National Service Medal.[5]
Smith received a Bachelor of Science degree in civil engineering from the University of Texas at Arlington. A retired engineer and land surveyor, he is the former president of Wayne Smith & Associates, a civil engineering firm that specialized in designing and building storm sewer system for cities, developers, and water districts. In 2007, he received the George Washington Citizen Engineer Award from the Texas Society of Professional Engineers, a group of which he is also a member. Smith is affiliated with the Baytown Chamber of Commerce. Smith is a former construction chairman of the Harris County-Houston Sports Authority, a former member of the Gulf Coast Waste Disposal Authority and the Coastal Water Authority.[5][6]
Smith's wife is named Brenda (maiden name not available). He has two children and three grandchildren.[6]
When Democratic Representative Frederick Martin "Fred" Bosse (born c. 1947) of Houston declined to seek reelection in 2002 after six terms in the position, Smith and two other Republicans entered the primary to choose a successor. Smith led the field with 1,714 votes (43.9 percent) and was placed in a runoff with the second-place candidate, Tom Butler, who polled 1,592 votes (40.7 percent). The remaining 601 votes (15.4 percent) went to Reggie Gonzales.[7] Smith then topped Butler by 24 votes, 1,675 (50.36 percent) to 1,651 (49.63 percent).[7] In November 2002, Smith had no general election opponent.
In the 2004 general election, Smith defeated the Democrat Mitch Contreras, 26,014 votes (65.3 percent) to 13,807 (34.7 percent).[8] Since 2004, Smith has not faced an opponent in the Republican primary.[6] The only general election opponent Smith has drawn since 2004 was the 2014 Libertarian Party candidate Ken Lowder.[6]
While it was rumored that Smith would retire at the end of the 2015 session,[9] on July 6, 2015, Smith announced his plan to seek re-election for an 8th term.[10]
In the 2016 Republican Primary, held on March 1, Smith had two challengers—Briscoe Cain and Melody McDaniel. Smith received 43.75% of the vote and Cain received 47.83%, resulting in a runoff.[11] In the runoff election, held on May 24, Smith lost to Briscoe Cain by 23 votes − 3,050 (50.2%) to 3,027 (49.8%).[3] Smith sought a recount.[12] The vote count was unchanged after the recount.[13]
In 2015, Texas Speaker of the House Joe Straus appointed Smith as chairman of the House Licensing and Administrative Procedures Committee. Smith also currently sits as well on the Culture, Recreation, and Tourism Committee.[5] Smith was first appointed as chairman of the Licensing and Administrative Procedures Committee in 2013 by Straus.[14] in 2011 Straus appointed Smith as chairman of the Environmental Regulations Committee.[15] Smith was also appointed chair of the County Affairs Committee in 2007 and 2003.[16]
Phyllis Schlafly's Eagle Forum, managed in Texas by Cathie Adams, a former chairman of the Republican Party of Texas, rated Smith 60 percent favorable in 2013, 40 percent in 2011, 72 percent in 2009, and 84 percent in 2007. Americans for Prosperity gave Smith an F- in 2013.[17] The American Conservative Union gave Smith a 50% rating;[18] only 7 Republican representative received lower scores.[19] The Young Conservatives of Texas gave him a cumulative score in 2013 of 74 percent. The interest group Texans for Fiscal Responsibility, founded by Michael Quinn Sullivan, rated Smith 31 percent favorable in 2013 and 25 percent in 2011, low rankings for a Republican lawmaker. The Texas Association of Business, however, awarded him a cumulative score of 87 percent. The Texas League of Conservation Voters rated him 79 percent in 2013; the Sierra Club, 43 percent in 2011. The Libertarian Party rated him 74 percent in 2009 on matters of economic issues and personal liberties.[20]
The National Rifle Association scored Smith 92 percent in 2012 and letter-grade "A" in all of his previous terms. In 2015, Smith received a 100% voting record with Texas Right to Life.[21]
In 2015, Rice University's Baker Institute, ranked Smith 66th on the Liberal-Conservative Index, with the rank of 148 going to the most conservative house member and the rank of 1 to the most liberal house member.[22][23] According to the non-ideological study of legislators' voting records,[24] Smith, when compared to members of his own party (Republican), the Liberal-Conservative index scored Smith as the 15th most liberal-republican in the Texas House.[25]
In 2013, the House Rankings released by the Baker Institute a think tank based at Rice University that describes itself as "Strictly non-partisan",[26] ranked Smith 65th on the Liberal-Conservative Index, with the rank of 149 going to the most conservative house member and the rank of 1 to the most liberal house member.[27] According to the study, when Smith is compared to the members of his own party (Republican), he ranked as the 10th most liberal republican in the Texas house, a score that placed him in the 'Less Conservative than 2/3 of the Republican delegation' category of the study's intra-party scale.[28]
In the 84th Legislative Session, Smith co-authored HB 11[29] that added more technology and DPS troopers on the Texas border. He also voted for the budget that added over $800 million in new funding for border security. Republican Governor Greg Abbott called the measures "the toughest, most comprehensive border-security plan of any state in the nation."[30] He also co-authored a Constitutional Amendment to raise the homestead exemption by $10,000. If passed by the voters on November 3, 2015, the Constitutional Amendment will result in a tax cut of $1.2 billion.[31]
In 2015, Smith voted to allow felons to receive foodstamps (SNAP Benefits).[32] He voted to make it a crime to film legislators inside the state capital without their permission.[33] He voted to make it a crime for citizens or journalists to film legislators inside the state capital without their permission.[34] In 2015, Smith voted against requiring conference committees to be open and transparent to constituents.[32] Smith voted to table an amendment to Texas House Bill 32 which sought to increase the franchise tax exemptions for small businesses.[32] Smith also voted to increase the office budget of representatives.[32] He voted to create a clean needle exchange.[35]
In 2013, Smith voted for Medicaid expansion, a vote that according to Americans for Prosperity and Empower Texans, would have implemented Obamacare in Texas; the amendment however failed to pass.[36][37] Smith voted against establishing term limits for certain statewide elected offices.[38] In May 2013, Smith did not sign on as a "pro-life house member" in a letter signed by 64 legislators from Texas Right to Life to Gov. Rick Perry requesting Gov. Perry to call a special session on several pro-life measures better known as Texas Senate Bill 5.[39][40] However, when the bill was brought up during the special session, Smith voted for the ban on abortion after twenty weeks of gestation; the measure passed the House, 96–49. He also voted for companion legislation to increase medical and licensing requirements of abortion providers. In 2011, Smith supported two other anti-abortion measures. One forbids state funding of agencies which perform abortions and the other requires that a woman undergo a sonogram before procuring an abortion.
In 2013, Smith voted against requiring legislators to disclose government contracts entered into by themselves, their family or their businesses.[41] He voted to prohibit texting while driving.[42] Smith supported an "equal pay for women" bill, which passed the Legislature but was vetoed by Governor Perry.[43] Smith voted against redirecting $1.4 million toward volunteer fire departments from bingo compliance.[44]
In 2011, Smith supported a resolution to reduce funding for state agencies. In 2011, he voted to expand the sales tax to Internet transactions to match existing laws for brick and mortar stores;[45] the measure passed the House 125–20. The same year, Smith opposed budget transparency by voting against requiring every expenditure to be line-itemed for each entity's appropriation.[45] In 2011, Smith, voted against shifting funds from the Commission on the Arts to the Texas Department of Aging and Disability Services.[46] In 2011, Smith voted against a bill to prohibit smoking in public places.[47] Smith voted against permitting the use of corporal punishment as a method of student discipline; the bill nevertheless passed the House, 80–64. Smith voted to require colleges and universities to make student centers compatible with traditional family values. To guarantee the integrity of the election process, Smith supported picture identification of voters.[48] The law finally took effect in October 2013 and was used widely without incident in the primaries on March 4, 2014.[49] In 2013, Smith supported related legislation to forbid a voter from turning in multiple ballots.[48]
In 2011, Smith voted for HB 150 which approved the redistricting of several house districts that according to policy organizations sought to punish conservative republicans who voted against Joe Straus for Speaker.[47][50]
</ref> He voted to make it illegal to install a sprinkler system without a license. [51]
In 2011, Smith supported two other anti-abortion measures. One forbids state funding of agencies which perform abortions. The other requires that a woman undergo a sonogram before procuring an abortion. This legislation is based on the view that a woman could change her mind about an abortion once she witnesses the development of the unborn child through the latest technology.[52]
In 2009, Smith supported a bill to allow counties to increase property taxes.[53] In 2009, Smith supported a bill to allow cities to increase property taxes to use on energy efficient improvements and also allowed cities to place a lien on the homeowner's lot until the improvement was made.[53] Though the bill failed to pass, Smith supported a bill that sought to base property taxes on the owner's annual income rather than on the value of the property. In 2009, Smith voted for placing non-discrimination requirements for services and employment on faith based charities receiving government support. In 2009, Smith voted to give authority to the Commissioner of the Texas Education Agency to approve content of electronic textbooks.[54]
In 2007, Smith voted against giving school teachers a pay increase. He voted against the funding of school choice programs. [55] [56] The same year Smith voted for the levying of a "granny tax" on nursing home residents.[57] A bill which according to State Senator Jane Nelson was "a tax on the people that could least afford it."[58] In 2007, Smith opposed English-only education, and supported HB 2814 to allow schools to teach in students in two languages rather than just English.[47] In response to HB 2814, Rep. Debbie Riddle (R-Dist. 150) said, "we're in America where English is the native language; kids should know how to use it proficiently."[59] In 2007, he voted to increase the number of people eligible for indigent health care even though many of the families who would now be eligible could afford their own healthcare.[47]
In 2005, Smith voted to raise the motor vehicle sales tax.[60] Smith voted to authorize counties to impose a local gasoline tax.[61]