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Water, water, not so fast

So much for that.

A major bill on the top of Gov. Rick Perry’s priority list that would authorize spending billions of dollars on state water projects faltered in the Texas House on Monday night after a contentious debate over where to pull the money from.

“My understanding is it’s doorknob dead,” the bill’s sponsor, Rep. Allan Ritter, R-Nederland, said after debate on the measure, which was backed by Speaker Joe Straus, was halted over a legislative technicality.

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Ritter’s bill, House Bill 11, would have taken $2 billion from the state’s Rainy Day Fund — a multi-billion dollar reserve of mostly oil and gas taxes — and spent it on water-supply projects, in an effort to help the state withstand future droughts.

Another Ritter bill the House passed earlier this month, House Bill 4, would create a special fund to administer the money.

But HB 11’s backers faced an uphill battle to get enough votes, because drawing from the Rainy Day Fund requires a higher bar — 100 votes rather than the usual 76 votes — to pass.

Democrats’ objections were grounded in the argument that if the Rainy Day Fund gets used for water, it should also be raided for other purposes like public education. Some far-right conservatives, meanwhile, worried about drawing at all from the Rainy Day Fund, which they say should be reserved for emergencies.

Rep. Sylvester Turner, D-Houston, ultimately avoided a vote on HB 11 by raising a point of order, a legislative term for a procedural problem with the bill. Ritter said the bill in its current form is now dead; Perry has previously threatened to call a special session if lawmakers cannot find a way to fund water projects.

If lawmakers do not provide the funding, “I think we’re back in special session, but that’s above my paygrade,” Ritter said.

The Senate, meanwhile, has already passed a measure to move $5.7 billion from the Rainy Day Fund into public education and water and transportation projects.

The House had previously passed a bill to create the fund, which the Senate has now also passed, but this was the bill to actually put money in the fund. The Senate also voted to tap the Rainy Day Fund for this and other purposes, but the House was the heavier lift. Bipartisan support was required, which meant as Burka noted that the House Democrats had leverage. He thinks they overplayed their hand, but the reason their support was so badly needed was because of ideological fractures on the GOP side.

The Texas Public Policy Foundation, a conservative think tank with close ties to several of the state’s political leaders including Perry, announced Sunday it was opposed to the bill.

“The 83rd Texas Legislature has on hand more than $8 billion in new general revenue to pay for increased spending in areas like Medicaid, roads, water and education,” foundation president Brooke Rollins said. “But instead of setting priorities to make the new spending fit within available revenue, the Legislature appears ready to spend far more than this.”

In an unusual disagreement with the group, Perry made the case for a big one-time withdrawal from the Rainy Day Fund for water projects in his op-ed. The governor, who considers himself a fiscal conservative, has made economic development his signature issue. And if water gets tight, he said businesses relocations to Texas would dry up.

“The good news is that current economic conditions and available balances in the Rainy Day Fund provide a unique opportunity for the state to partner with communities by offering financing to develop and implement new water supplies,” Perry wrote in support of a one-time transfer of $2 billion from the fund.

Asked about the split among conservatives, Rich Parsons, the governor’s spokesman, said: “We have infrastructure needs in the state that need to be met.” He added: “I think Texans recognize the need for action and expect state leaders to take action, and that’s precisely what the governor is doing.”

Hammond, of the Texas Association of Business, said Monday in support of HB 11: “I think the business community is pretty much united. … It’s necessary [because] unless we do something more than what we’re doing now, in 50 years demand will be up by about 22 percent and supply will be down by about 10 percent. That’s a disaster.”

“It’s already being used against us,” Hammond said, “that Texas is in a drought and they’re not doing anything about it.”

When Rick Perry and Bill Hammond are on the pragmatic, get-stuff-done side, you know how far off into the weeds the enforcers of “conservative” purity have gone. They opposed using the Rainy Day Fund because they oppose spending money – the purpose for the spending and the need it addresses don’t matter. Too many Republican legislators in the thrall of these hegemons, and this is the result.

So now what happens?

Even with the collapse of Ritter’s bill, there are other options. The Senate, which would rather put the politically difficult question before voters, has approved a resolution calling for constitutional amendments that would make available nearly $6 billion from the rainy day fund for transportation and water projects, as well as education.

Another possibility may be House Bill 19 by Rep. Drew Darby, R-San Angelo. The bill would draw $3.7 billion from the rainy day fund for water and transportation projects.

“This issue is too important to leave its fate uncertain,” Perry said after the demise of HB 11. “I will work with lawmakers to ensure we address this need in a fiscally responsible manner.”

A special session is a possibility, since Perry has identified the water infrastructure fund as one of his top priorities. Also possible is the for the House budget negotiators to rip up everything they’ve done so far and appropriate the money from general revenue, which is what the slash-and-burn crowd is advocating. That would of course means however much money would then need to be taken away from everything else in the budget, which I don’t think the Senate will go along with. Some other bill may come to the rescue – where there’s a sufficiently broad caption, there’s a way. I think this is more likely to be a temporary setback than a “doornail dead” situation, but we’ll see. PDiddie, EoW, the Observer, and the TSTA have more.

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4 Comments

  1. Gary says:

    Seriously, shouldn’t this now be called the “No Rainy Days” Fund?

  2. WUSRPH says:

    The House leadership had to be aware of the 118-day rule, but they scheduled HB 11 for a time when it was vulnerable to a point-of-order under that rule. It is possible that someone “just overlooked it”, but I doubt it. To me this raises two possibilities. First, because time is getting short and the bill needed to move, they took a gamble and lost. Or, more likely, the leadership decided to give the TP’s and the Dems an opportunity to “get it out of their systems” by making it possible for them to (a) fight over whether to raid the fund and (b) fight over more money for education with the possibility the bill would be killed. This is made more likely by the fact that they still had in reserve another bill which funds both water and education which they could put up later this week or early next week when the time pressure is so great both sides may cave in and let it through.

  3. [...] for a serious need. That’ll learn me. So now we’ve got no transportation solution, no water solution, and no easy way to fund those solutions if we make another attempt at it. What once looked like a [...]

  4. [...] [21] For more information on the debate, see “House Debate Over Water Bill Could Spur Bigger Fight.” Texas Tribune, Apr 29, 2013. Accessed online: http://www.texastribune.org/2013/04/29/house-republicans-divided-ahead-water-bill-debate/ . See also “Water, Water, Not so Fast.” Off the Kuff blog, May 1, 2013. Accessed online: http://offthekuff.com/wp/?p=52652 [...]

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