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Matt Schaefer

The Lege will not take any action on guns

By all means, keep calling for a special session to address the issue. Just do keep in mind who holds all the cards.

At least 17 Texas state lawmakers are asking Gov. Greg Abbott to call a special session to address gun violence following a mass shooting in El Paso that left 22 dead and dozens injured.

The list includes four state representatives from San Antonio, including Roland Gutierrez, Diego Bernal, Leo Pacheco and Ina Minjarez.

“Our state leadership has failed to be proactive and adopt laws that would allow gun safety,” said Gutierrez, who has secured more than 500 signatures in a related online petition. “All Texans should feel safe in their communities. Every year we lose too many to gun violence. Over 3,353 gun-related deaths occur in Texas each year. One death is too many – time for change.”

Others on the list are: state Rep. Shawn Thierry, D-Houston; state Rep. Donna Howard, D-Austin; state Rep. Michelle Beckley, D-Carrollton; state Rep. Nicole Collier, D-Fort Worth; state Rep. Gene Wu, D-Houston; state Rep. Victoria Neave, D-Dallas; state Rep. Gina Hinojosa, D-Austin; state Rep. Erin Zwiener, D-Driftwood; state Rep. Ron Reynolds, D-Missouri City; state Rep. Vikki Goodwin, D-Austin; state Rep. Richard Peña Raymond, D-Laredo; state Sen. Beverly Powell, D-Fort Worth and state Sen. Carol Alvarado, D-Houston.

In case you didn’t read through that whole list, none of the legislators in question are Republicans. That tells you everything you need to know.

(To be fair, there are other political reasons why there won’t be a special session.)

After the massacre of 22 people at an El Paso Walmart by an attacker with a military-style rifle, Texas’ Republican leadership is still unlikely to push for gun restrictions in a state that has long embraced firearms and has nearly 1.4 million handgun license holders, experts and advocates on both sides of the gun issue say. The shooting comes nearly 21 months after the Sutherland Springs massacre that killed more than two dozen people and more than a year after the Santa Fe shooting that killed 10.

“When Texas Republicans look at these massacres, they don’t blame guns, or gun laws. They blame people. They may blame institutions, schools, families, mental health, but not guns,” said Mark Jones, political science professor at Rice University. “If a school massacre and a church massacre didn’t change people’s opinion, the El Paso massacre isn’t going to.”

[…]

Abbott met last week with Democratic lawmakers from El Paso who have pushed for gun control and said he wants to keep guns away from “deranged killers.” Abbott said the state should battle hate, racism and terrorism, but made no mention of gun restrictions.

“Our job is to keep Texans safe,” Abbott said. “We take that job seriously. We will act swiftly and aggressively to address it.”

Abbott said he will meet with experts this month to discuss how Texas can respond – much as he did after shootings in Sutherland Springs and Santa Fe.

Those meetings resulted in Abbott issuing a 43-page report with proposals for more armed guards in schools, boosting mental health screenings, new restrictions on home gun storage, and consideration of red flag laws.

Gun rights supporters immediately pushed back on anything that could be interpreted as restricting gun ownership, and the Legislature’s Republican majority pivoted to expanding run rights. The only victory gun control supporters could claim was a small item in a $250 billion state budget: $1 million for a public awareness campaign on safe gun storage at home.

“They made things worse,” said Gyl Switzer, executive director of Texas Gun Sense. “I went naively into the session thinking ‘Progress here we come.’ But we ran head on into this idea that more guns make us safer.”

Well, more armed guards in schools, in churches, at WalMart, and now after Midland/Odessa, in cars and on the roads. Maybe if we station an armed guard on every street corner, inside every shop and restaurant, and on every floor of every office building in America, we’ll finally be safe from gun violence. We won’t have time to do anything else because we’ll need literally everyone to serve as all those armed guards, but hey, at least we’ll have done something that the Greg Abbotts and Matt Schaefers of the world can abide. Alternately, we can vote them out and elect people who want to do more rational, sensible, and effective things to curb gun violence. Decisions, decisions.

House votes to raise smoking age

This could happen.

The Texas House voted Tuesday to raise the legal smoking age from 18 to 21, except for military personnel.

Senate Bill 21 received preliminary approval from the lower chamber more than one month after the Senate approved a slightly different version of the legislation. The bill now awaits final approval in the House, which is usually a formality. Then the Senate will vote to either appoint a conference committee for the two chambers to iron out differences in the bill or accept the House’s changes and send the legislation to Gov. Greg Abbott.

Rep. John Zerwas, a physician who sponsored the legislation, said the measure would protect young adults who are”highly susceptible” to an addiction to tobacco products.

“The idea behind this bill is essentially to move that risk away from those people that are most susceptible to it,” said Zerwas, a Republican from Richmond.

If the bill becomes law, Texas would become the 14th state to raise the legal tobacco purchasing age to 21 and the third to include military exemptions. The stricter age restriction would apply to tobacco products such as cigarettes, as well as e-cigarette products.

State Rep. Matt Schaefer, R-Tyler, added a floor amendment Tuesday that broadens the bill’s military exception to allow all members of the military over the age of 18 with a valid military ID to purchase tobacco. The bill previously only allowed members of the military on active duty with a valid ID.

See here for the background. Rep. Zerwas had filed his own bill on this topic, but in the end went with the Senate bill. That will have to go back to the Senate due to the House amendments, but my guess is that shouldn’t cause a problem. I thought that bill was fine as it was, but I can live with the broadened military exemption. That addresses the one substantive criticism of the original bill, so I hope this means it’ll be on to Greg Abbott’s desk for a signature.

House passes its budget out of committee

On to the full House, then the real fight occurs.

A panel of House budget writers gave initial approval Monday to a budget that would spend $115 billion in state funds, including a $9 billion infusion of new funds for Texas public schools and property tax relief.

Now that the House Appropriations Committee has approved the 2020-21 spending plan, House Bill 1, the legislation moves to the floor of the 150-member House.

[…]

Among the highlights of the House’s spending plan are:

$9 billion in new state funding for K-12 education and property tax relief, contingent on lawmakers passing reforms to the way the state funds public schools. The budget does not dictate the breakdown of those funds, but a bill backed by Speaker Dennis Bonnen would give about $6 billion to school districts and use the remaining $3 billion to pay for a reduction in local school district property taxes.

A $2.8 billion increase in state and federal funds for health and human services above what the House proposed in January. That includes a $25 million increase for early childhood intervention services, $6.7 million to reduce caseloads for Adult Protective Services workers, $31 million to expand capacity at local mental health clinics for low-income Texans and $87 million to raise the pay of personal attendants, who care for the elderly and disabled, by about 10 cents an hour.

A $168 million expenditure to give some Texas prison guards and parole officers a pay raise.

Rep. Matt Schaefer was the lone No vote in committee, so presume that this will get some pushback from the wingnuts. The story notes that the House budget draws $2 billion from the Rainy Day Fund, but it doesn’t specify what it’s used for. There’s more here on the House school finance proposal. The budget is the one thing the Lege absolutely has to do. With some cracks beneath the surface on other “priority” items, it’s nice to see this get a head start.

House passes its “sanctuary cities” bill

Terrible.

After more than 16 hours of debate, the Texas House of Representatives early Thursday morning tentatively gave a nod to the latest version of a Senate bill that would ban “sanctuary” jurisdictions in Texas.

The 93-54 vote on second reading fell along party lines and came after one of the slowest moving but most emotional legislative days at the state Capitol.

The vote came at 3 a.m. after state Rep. Dennis Bonnen, R-Angleton, successfully made an what some Democratic members called an unprecedented motion to group all of the remaining amendments — more than 100 — and record them as failed. He said he made that suggestion so members wouldn’t be forced to pull their amendments. The motion passed 114 to 29, with about a third of Democrats approving the measure.

Members voted on the bill after adding back a controversial provision that extends the scope of the bill and allows local peace officers to question the immigration status of people they legally detain. The original House version of the bill only allowed officers to inquire about status during a lawful arrest.

That detainment language was included in what the Senate passed out of its chamber in February but was later removed by state Rep. Charlie Geren, R-Fort Worth, the bill’s House sponsor.

The amendment to add that provision back into the bill was offered by Tyler Republican Rep. Matt Schaefer, who was in the middle of a back-and-forth, deal-making struggle that stopped debate for more than hour. Both parties’ members caucused as they tried to hammer out a deal whereby Schaefer would pull his amendment and Democrats would limit the number of proposals they would offer.

But no compromise was reached, despite several high-profile Republicans, including Geren and House State Affairs Committee Chairman Byron Cook, R-Corsicana, telling members they would vote against the Schaefer proposal.

The intent of bill is “getting dangerous criminals off the street. That’s the mission. Shouldn’t be anymore than that,” Cook said.

The bill keeps a provision that makes sheriffs, constables and police chiefs subject to a Class A misdemeanor for failing to cooperate with federal authorities and honor requests from immigration agents to hold noncitizen inmates subject to removal. It also keeps civil penalties for entities in violation of the provision that begin at $1,000 for a first offense and swell to as high as $25,500 for each subsequent infraction.”

[…]

One point of major contention was a controversial amendment that moves the House version closer to the bill that passed the Senate.

The amendment would make police eligible to question the status of any person detained for an investigation of a criminal infraction, no matter how serious. The House had originally gutted that language and limited the questioning to police officers making an arrest.

The 81-64 vote came after key Republicans, including Geren, said came out against the change. Geren was one of nine Republicans joining Democrats in voting against the amendment.

SB4 was given final approval yesterday and will head back to the Senate for concurrence. Remember how the revised House version was supposed to be less awful than the original Senate version? Thanks to the Schaefer amendment, that is no longer the case. This bill was a top priority of the Republicans, and it was always going to pass. The only real question was how harmful it was going to be, and now we have an answer to that. I still don’t know what public policy goals the Republicans have in mind for this bill, but I’m confident they will not achieve them. What they will get is a bunch of lawsuits, so get ready for that.

Two more things. One, there’s this:

Legislation designed to limit the ability of cities for issuing ID cards to undocumented immigrants and onetime criminals was tentatively approved Thursday by the Texas Senate.

Supporters insisted Senate Bill 1733 was designed to standardize ID across Texas, and ensure that they meet federal homeland-security standards.

Opponents said the measure is designed to make it harder for minority populations to get access to services, and targets immigrants since many of them use locally issued ID cards for that purpose.

[…]

Sen. Jose Rodriguez, an El Paso Democrat who chairs the minority caucus in the Republican-controlled Senate, said he fears “various groups would be restricted from accessing services” because the bill appears to limit local officials from issuing cards and restricts the types of cards that can be accepted for identification by a government official.

Sen. Sylvia Garcia, D-Houston, expressed similar concerns.

“They’re more worried about this being used for voting than anything else,” she said after the debate ended. “It’s all made up. It’s a problem that doesn’t exist.”

Many problems that don’t exist have been getting solved this session. I’d say it’s the Republicans’ core competency.

Two, I usually put statements I receive in email about this bill or that news item beneath the fold, but in this case I want it on the main page. So here are some reactions to the House passage of SB4.

From the ACLU, which had a press call with several Texas leaders:

The State of Texas is on the verge of enacting legislation that could make the state a pariah in the eyes of the nation.

Today, local elected officials and advocates gathered on a press call to condemn this legislation and outline the varied consequences, including: 1) promoting racial profiling based on appearance, background and accent that will affect U.S. citizens and immigrants alike; 2) hurting public safety policies that encourage all residents, including immigrants, to report crimes and serve as witnesses; and 3) dictating to elected officials and law enforcement that they must follow state mandates or else face jail time.

A recording of today’s call is available here.

When Arizona enacted draconian legislation in 2010, it resulted in boycotts, lost revenue and a devastating blow to the reputation of the state. Texas is on the verge of repeating that mistake.

As the United States courts continue to uphold the Constitution and block Trump’s overarching, un-American and anti-immigrant executive orders — including his attempts to cut funding from so-called sanctuary cities — legislation, such as this bill, allows states to circumvent the courts and enlarge Trump’s Deportation Force.

Greg Casar, Austin Council Member
“The Legislature is attempting to blackmail cities into violating our residents’ constitutional rights. We must not comply with this unconstitutional, discriminatory and dangerous mandate. We will fight this bill to the end — at City Hall, in the courts, and protesting in the streets.”

​Terri Burke, executive director for the ACLU of Texas
“I am deeply grieved but wholly unsurprised that anti-immigrant lawmakers in the Texas House have taken a wrongheaded, racist piece of legislation and made it a ‘show me your papers’ bill. They have stated as clearly as they can that they’re willing to target innocent children, break up families, encourage constitutional violations like racial profiling and endanger Texas communities solely to make immigrants feel unwelcome in Texas. But the members of our immigrant communities should know that you are welcome in Texas, and you’re not alone. The ACLU stands ready to fight the inevitable excesses and abuses of this inhumane, wasteful, hateful bill. We stand with Texas immigrants.”​

State Representative Victoria Neave
“This issue is very personal to me. It will impact families on a level some people just don’t understand. This bill will make us less safe and cause a chilling effect among communities in our state.”

Jose P. Garza, executive director of Workers Defense Project
“Today, Texas officially became the front line of resistance against racist and discriminatory immigration policies. SB 4 will result in increased racial profiling, communities that are less safe and a more stagnant economy. On behalf of working families across the state, we vow to fight this policy in the streets, in the courtroom and at the ballot box until we prevail.”

Karla Perez, statewide coordinator for United We Dream UndocuTexas Campaign
“Anti-immigrant legislators in Texas have directed their hate at the immigrant children and families of this state, people of color and our LGBTQ community by criminalizing us and our families, and by passing legislation that will tear apart families like mine. They have shown that they do not care about dignity and respect for immigrants in our state. It is no surprise that under anti-immigrant leadership, Texas is advancing yet another proposal couched in discriminatory intent to the aide of their white supremacist agenda. We will hold accountable those causing pain and fear in our state, and history will not judge them well. Our fight does not end here. When our immigrant community is under attack, we unite and we fight back. Our diverse communities will continue to organize and build our networks of local defenses across the state to move us forward. This is our resilience, this is our strength, and this is our home — we are here to stay.​

Frank Sharry, executive director of America’s Voice Education Fund
“Texas Governor Greg Abbott and the state Legislature are turbocharging the radical mass deportation strategy of President Trump, Attorney General Jeff Sessions and Department of Homeland Security Secretary John Kelly. If not reversed or resisted, the combination of ‘unshackled’ federal deportation force agents and state-mandated collusion with those agents by local jurisdictions could result in one of the darkest chapters in American history. Texas has a population of 1.5 million undocumented immigrants, second only to California. The prospect of a Trump-Abbott mass deportation strategy taking root is as terrifying as it is despicable. People of goodwill from throughout America, and from throughout the world, are not going to stand by in silence as the state of Texas unleashes a campaign of discrimination against people based on their color, national origin or accent. Nor are they going to continue embracing a state that is about to unleash a campaign of terror aimed at immigrant families with deep roots in the state.”

From the Texas Organizing Project:

The following is a statement from Michelle Tremillo, executive director of the Texas Organizing Project, on the passage of SB4 by the Texas House early this morning:

“This morning’s vote by the Texas House is disheartening and disgraceful, and puts Texas closer to passing a show-me-your-papers law that will promote racial profiling of Latinos. The amendments added during the debate that will allow police to question the immigration status ofr children and people detained, not arrested, are especially troublesome and cruel.

“If SB4 becomes law, it will also make Texas less safe by further driving undocumented immigrants into the shadows, afraid of all interactions with police, whether they’re the victims or witnesses. It will also hurt the state’s economy by making us a target for economic boycotts and the loss of productivity that an increase in deportations this law would surely cause.

“No one except Republicans in the state’s leadership wants this racist, divisive and inhumane bill to become law; not police, not local elected officials and certainly not a majority of Texans.

“This bill, combined with the voter ID law and redistricting maps that have been repeatedly deemed to be intentionally discriminatory by federal courts, prove that our state’s legislature wants to erase and marginalize people of color. But we will not succumb to their will. We will not disappear. We will rise up. We will vote. We will claim our power. This is our Texas.

“As Martin Luther King Jr. said: “The arc of the moral universe is long, but it bends towards justice.” Justice will prevail. We will prevail.”

From State Rep. Gene Wu:

Today’s passage of Senate Bill 4 is a solution in search of a problem. This is a bill that has been crafted out of fear and hatred of immigrants. Not a single Texas city refuses to comply with voluntary ICE Detainers. Not a single Texas city can be called a “Sanctuary City.” The bill as passed, would not just detain criminals, but would target children, victims of crimes, and even immigrants who served in our armed forces. The Texas Legislature has, today, passed a Arizona-style, “Show-me-your-papers” law that will disproportionately affect communities such as those that make up District 137 — hardworking communities made up of native and non-native Texans, refugees, and immigrants both documented and undocumented.

This legislation is cruel. When it was made clear this bill would cause American citizens to be jailed and detained, the proponents of the bill shrugged it off as an unfortunate inconvenience. When Democrats offered amendments to exempt children and victims going to testify in court, those measures were repeatedly defeated on purely party lines. Democrats also asked to exempt religious-based schools who may object with deeply held beliefs; that too was defeated on partisan lines.

When I first spoke on this bill I couldn’t stop thinking about my boys. This bill and other laws like it are a constant reminder that, despite being born in this nation, they will be seen as outsiders because of the way they look; that the law will treat them with suspicion; and they will have to fight just to be treated equally. I was reminded that this is not the first time laws were passed against immigrants based on fear and hatred. And, it will not be the last.

Democrats were united in their opposition to the legislation because this felt like an attack on the diverse communities that we represent and that make Texas great. At the end of the day, all we asked for was mercy for our communities; mercy for our families; and mercy for our children. But no mercy was given.

From the Texas AFL-CIO:

Approval of a harsh, “show me your papers”-style bill that drafts local criminal justice officials into becoming an arm of the federal immigration system marks one of the saddest days I have ever spent around the Texas Legislature.

This bill will harm all working people. Immigrants do some of the hardest jobs in our state and are net contributors not just to our economy but to our future. SB 4 will not only make it easier for unscrupulous employers to deny important workplace rights to immigrants, but will also undermine important labor standards for all workers.

SB 4 is also bad for our Brothers and Sisters in law enforcement who depend on the trust of those who live in the communities they police. That trust could become all but unobtainable under SB 4.

Worst of all, SB 4 will broadly discriminate against minorities in Texas, regardless of immigration status. It will increase the number of times American citizens are asked about their immigration status because of their appearance or language. By making mere detention, rather than arrest, the threshold for questioning immigration status, the law will ensnare people who are not even suspected of committing a crime.

We believe there is broad consensus that the U.S. immigration system is broken. But SB 4 will simply increase discrimination and hardship rather than point toward comprehensive immigration reform.

The DMN, the Texas Observer, the Dallas Observer, and the Current have more.

First shenanigan spotted

There will be more to come, I’m sure, but this will be happening today.

A Tuesday debate over the future of the state agency that regulates the oil and gas industry could instead become a showdown over immigration and where transgender Texans use the bathroom.

House Republicans will look to force a vote on the regulations proposed in the Senate’s controversial “bathroom bill,” which House Speaker Joe Straus has decried as “manufactured and unnecessary.” Tyler Republican Matt Schaefer has filed two amendments that would essentially require the Railroad Commission to enact some of the bathroom-related regulations proposed in Senate Bill 6 — a measure that would require people to use the bathrooms in public schools and government buildings that align with their “biological sex.”

A separate amendment by state Rep. Tony Tinderholt, R-Arlington, appears to target transgender people by requiring the commission to define women business owners — who can qualify for certain benefits in contracting — on the basis of the “physical condition of being female, as stated on a person’s birth certificate.”

Schaefer and Tinderholt are members of the socially conservative Texas Freedom Caucus, which is expected to repeatedly offer up portions of the “bathroom bill” as amendments to other measures. On just the second day of the legislative session, Schaefer, who leads the caucus, unsuccessfully attempted to amend a routine resolution with language requiring people in the Capitol to use bathrooms corresponding with their biological sex.

See here for the background. According to the Chron, the bill in question in HB1818. As RG Ratcliffe notes, the amendment will likely be killed by a point of order, but that won’t put an end to the effort. The rest of the session may well turn into an exercise in swatting flies, as I doubt these guys will be deterred by reason, threats, or humiliating defeat. Buckle up, it’s going to be a bumpy ride.

There’s also this:

On the immigration front, an amendment by state Rep. Rafael Anchia, D-Dallas, would require that a company regulated by or contracting with the Texas Railroad Commission certify that it doesn’t hire undocumented workers and charged with perjury if found to have lied. The amendment would also require the commission to alert Immigration and Customs Enforcement and the local district attorney if a company CEO or supervisor is in violation of the provision.

Anchia, the chairman of the Mexican American Legislative Caucus, said he has no desire to expand state-based immigration enforcement, and doesn’t expect his fellow Democrats to vote for the amendment. It’s symbolic: He wants businesses to be more vocal against what he called extreme immigration proposals the Legislature is considering this session, specifically Senate Bill 4. That measure, passed by the Senate last month and now pending in a House committee, would ban “sanctuary” jurisdictions in Texas and vastly expand the immigration enforcement powers of local police.

“For Republicans to only demonize immigrants but not talk about the insatiable appetite on the part of businesses for immigrant workers is hypocrisy at its best,” he said.

I respect Rep. Anchia and I get what he’s trying to accomplish here. I don’t know if it will work – if nothing else, I’m sure there’s a point of order with this amendment’s name on it as well – but it’s about making a point. We’ll see how it goes.

UPDATE: Schaefer’s shenanigan gets averted, while Anchia’s amendment gets adopted.

Beware the coming shenanigans on SB6

The full House may not get to vote on Dan Patrick’s bathroom bill, but that doesn’t mean that they won’t get a chance to vote onwhat’s in the bill.

But speculation that SB 6 may not make it to the House floor for a vote by the 150-member chamber has left House Democrats on high alert for the possibility that some Republican members could attempt to attach bathroom-related legislative language to other bills that make it onto the House floor during the remainder of the session.

A small group of House members — particularly those who are anti-Straus and have organized as the Texas Freedom Caucus — are expected to repeatedly offer up portions of the “bathroom bill” as amendments to other bills in an effort to force a vote on the issues, according to sources familiar with the matter.

“It’s clear that the certain Republican members are going to try to add controversial bills to every piece of legislation that they can,” said one Capitol observer who asked not to be named in order to speak more freely.

James Bernsen, the Texas Freedom Caucus’ executive director, said that its members declined to comment. But caucus members have been clear in the past about their support for legislation like SB 6.

Echoing Senate Republicans’ defense of the bathroom legislation, one of the caucus’ legislative priorities is to “protect the privacy of women and girls in all publicly-owned settings.” One of its members — state Rep. Matt Shaheen of Plano – filed his own version of the “bathroom bill,” which was referred to Cook’s State Affairs Committee. And on just the second day of the legislative session, Tyler Republican Matt Schaefer, who leads the Freedom Caucus, unsuccessfully attempted to amend a routine resolution related to House administrative issues to require people in the Capitol to use bathrooms corresponding to their biological sex and not their gender identity.

Since nearly the start of the legislative session, SB 6 has emerged among the most prominent disagreements between Straus and Patrick, with the lieutenant governor going as far as saying that Straus is “out of touch with the voters” on the bathroom legislation. The speaker for his part has emphasized that lawmakers must prioritize the state budget and pressing funding needs, including the state’s troubled child welfare system and school finance system.

Meanwhile, Patrick is turning to the religious community to help put pressure on Straus and the House. This month, he announced he was launching “Operation 1 Million Voices” to build support for the bill among Christians in Texas.

Religious groups are planning to host almost a dozen regional summitsbetween now and April to organize pastors in support of the bathroom legislation. The Texas Pastor Council is looking to recruit 3,000 pastors as part of their efforts to press Straus for a hearing and a vote on the legislation.

See here for the story about SB6’s likely fate in committee. These tactics are as old as the House itself, and while it’s more likely to cause the unexpected demise of a different bill than to work, the danger is definitely there. The thing to keep in mind here is that while a large number of Republicans in the House undoubtedly support SB6, only 22 of them need to oppose it – assuming there are no primary-needing turncoats in the House Democratic caucus – for it to fail. You can assume Joe Straus (who normally doesn’t vote anyway), Byron Cook, and Sarah Davis would oppose it, so the magic number starts at nineteen. Maybe they exist and maybe they don’t, but what Cook and Straus are trying to do is keep their fellow Republicans from having to take a side in public on it. There’s a reason why even our wishy washy Governor hasn’t expressed a definitive position on SB6, after all. The zealots want to force the issue, to clarify who’s with them and who they want to primary next year. Everyone else would prefer to let this cup pass them by. The rest of the session is about who wins that fight.

(By the way, for those who prefer to fight it out in November elections, Matt Shaheen’s HD66 is on the list of districts that need to be targeted next year. Just FYI.)

House chubfest kills several bad bills

Some good news, though as always at the end of a session, the outcome isn’t clean and the details are very murky.

Squalius cephalus, the official mascot of talking bills to death

As the clock struck midnight, the failure of an anti-abortion initiative — dear to the hearts of the far right — marked the end of a tumultuous day on the floor of the Texas House that saw the passage of sweeping ethics reform and a version of legislation allowing concealed carrying of handguns on college campuses.

On the last day that it could approve major legislation that began in the Senate, the lower chamber embarked on an all-day procedural waltz, with Democrats attempting to kill bills by delaying them past midnight, and Republicans looking for openings to move their legislation.

Early in the day, Democrats narrowly shot down an attempt to essentially change the order of the calendar, moving big-ticket items up for faster consideration. They then used every parliamentary trick in the book to slow the pace, delaying consideration of mostly uncontroversial bills.

But after huddling in a secret meeting in a room adjacent to the House floor, Democrats let the action get moving again.

For hours, the House debated an ethics reform bill, dissolving into angry tirades and raunchy debate about the reach of a drug-testing provision for lawmakers.

The passionate debate pitted Republicans against each other — over lifting the veil on “dark money” and restricting people from recording or videotaping politicians without their permission.

With the clock ticking, a few Republicans at one point even sought to postpone debate over ethics legislation — deemed a priority by Republican Gov. Greg Abbott — so the House could take up campus carry and an abortion bill that would have prohibited coverage of the procedure on certain health insurance plans.

Republican state Rep. Matt Schaefer of Tyler asked state Rep. Byron Cook, R-Corsicana, the House sponsor of the ethics legislation, to temporarily pull down the measure so that it did not chew up the time left on the clock.

After Cook declined, Democrats took to the mic to reiterate that ethics reform was declared an emergency item by the governor and was supposed to be prioritized over the rest of the calendar.

The House eventually passed the ethics bill, including the dark money provision, then went back to an innocuous agency-review bill, also known as a Sunset bill, to reform the Department of Family and Protective Services.

[…]

The biggest victim of the midnight deadline was Senate Bill 575 by Republican Sen. Larry Taylor, which would have banned abortion coverage on plans sold on the federal Affordable Care Act’s marketplace.

Originally, SB 575 would have banned abortion coverage on both ACA plans and private health insurance plans. But the House State Affairs Committee amended the bill to mirror a measure filed in the House by state Rep. Marsha Farney, R-Georgetown, and approved by the committee this month before dying on a House bill deadline.

Republicans had said they intended to amend it on the floor to bring back the private insurance ban.

The bill — passed in the Senate earlier this month — died in the House after a turbulent ride in the lower chamber.

It was cleared by the State Affairs Committee on Saturday in a last-minute vote on the last day the committee could clear Senate proposals.

Killing SB575 was a big one, and one of the Democrats’ main goals for deadline day. They also succeeded in preventing an amendment allowing child welfare agencies to discriminate against LGBT families to a sunset bill for the Department of Family and Protective Services, another main goal. What did get passed was a somewhat watered-down version of campus carry that will allow university trustees to designate certain “gun-free zones” as long as there isn’t a blanket ban on carrying firearms by those with concealed handgun licenses. The campus carry bill could possibly have been stopped, though (this is where we get into the messy and murky stuff) that could have had effects that would make the victory a lot more pyhrric. The Morning News hints at some of what might have happened.

Late Tuesday, the House was debating the gun measure, though it was unclear if it would pass.

Several Republicans said that after the initial slowdown, Speaker Joe Straus intervened in the early afternoon, to get things moving. There were conflicting accounts, though, of precisely how Straus, a San Antonio Republican, did so.

House Republican Caucus Chairman Tan Parker of Flower Mound said that in conversations with individual Democrats, “the speaker was firm that he would use everything,” meaning parliamentary “nuclear options,” to shut down debate and force votes.

Straus, though, was coy.

“I didn’t talk to Democrats,” Straus told a reporter. “But I intend to get through this,” he added, referring to the House’s agenda.

One consideration may have been that the campus carry bill is part of a grand bargain on tax cuts, border security, guns and ethics. The deal may allow lawmakers to finish their work Monday, as scheduled, instead of having a special session.

As passed by the Senate, the campus carry measure would allow the licensed concealed carrying of handguns in most public university buildings. There were rumblings the House might restore a campus-by-campus opt-in provision, as it did two years ago, or let the measure die when the clock struck midnight.

Whether Lt. Gov. Dan Patrick and his GOP allies in the Senate would consider that a breach of the grand bargain remained unclear.

[…]

Rep. Terry Canales, D-Edinburg, said he was upset that some senior Democrats relented.

“We’ve given away too much leverage,” he said.

There was talk that Martinez Fischer and other long-serving Democrats were worried the minority might be asking for too much, especially after gaining key House GOP leaders’ cooperation in squelching bills aimed at unions and stopping hailstorm damage lawsuits.

[Rep. Trey] Martinez Fischer, though, called that too facile.

“You can’t view everything as a quid pro quo,” he said. “It’s not personal. It’s all about business.”

Martinez-Fischer had a point of order that could have killed the campus carry bill, but he pulled it down after some intense discussion, and thus it went to a vote. How you feel about all this likely correlates directly to your opinion of his dealmaking ability and trustworthiness in making such deals. It’s also the case that this isn’t the end of the story, as the Statesman notes.

Cutting off debate ended a daylong Democratic effort to avoid a floor vote on the campus carry legislation before a drop-dead midnight deadline to have an initial vote on Senate bills.

After the vote, Rep. Trey Martinez Fischer, D-San Antonio, said Democrats voluntarily pulled down their amendments after winning a key concession with an approved amendment allowing colleges and universities to have limited authority on banning guns in certain campus areas.

In addition, he said, Republicans were prepared to employ a rarely used maneuver to cut off debate with a motion that had already lined up agreement from the required 25 House members.

[…]

The bill-killing tactics appeared headed for success late Tuesday, until Speaker Joe Straus abruptly called for a vote on SB 11 about 20 minutes before the deadline.

The move avoided a bitter blow for Lt. Gov. Dan Patrick and state Sen. Brian Birdwell, R-Granbury.

Based on assurances from House leaders that campus carry would get a floor vote in their chamber, Patrick and Birdwell declined last week to add the school gun bill as an amendment to House Bill 910, a measure to allow openly carried holstered handguns that is now one small step away from Gov. Greg Abbott’s desk.

Before approving SB11, the House voted overwhelmingly to allow each college and university to regulate where guns may be excluded, as long as firearms are not banned campus-wide. Each plan would have to be approved by two-thirds of the board of regents under the amendment by Rep. John Zerwas, R-Richmond, that was approved 119-29.

The House also adopted an amendment by Rep. Sarah Davis, R-Houston, to exempt health care-related institutions and the Texas Medical Center from campus carry.

“Never assume the Democrats gave up on campus carry. Democrats did not give up on campus carry,” said Rep. Sylvester Turner, D-Houston. “The Zerwas amendment waters it down. The bill will go to conference and we will continue to have our input in the process.”

Here’s a separate Trib story on the campus carry bill, an Observer story about the ethics reform bill that was a main vehicle for Democratic stalling tactics, and a Chron story on the overall chubbing strategy as it was happening. Newsdesk, RG Ratcliffe, and Hair Balls have more on the day overall, and for the last word (via PDiddie), here’s Glen Maxey:

LGBT people are finally, FINALLY free from all types of mischief and evilness. The Senate gets to debate the Cecil Bell amendment by Sen. Lucio put on a friggin’ Garnet Coleman bill tomorrow. It’s all for show. Garnet Coleman is one of the strongest allies of the LGBTQ community. They could amend all the anti-gay stuff they want on it and he’ll strip it off in conference or just outright kill the bill before allowing it to pass with that crap on it. This is for record votes to say they did “something” about teh gays to their nutso base.

And lots of high stakes trading to make sure that other stuff didn’t get amended onto bills today (labor dues, TWIA, etc.) and making sure an Ethics Bill of some sort passed. We didn’t want that to die and give Abbot a reason to call a special session.

Campus carry got watered down… no clue what happens in conference. And the delaying tactics kept us from reaching the abortion insurance ban.

Four good Elections bills passed today. Three on Consent in the House, three in the Senate all will be done by noon Wednesday.

And Lastly: Pigs have flown and landed. HB 1096 the bad voter registration bill is NOT on the Calendar for tomorrow and is therefore DEAD. I am one proud lobbyist on that one. With it’s demise, no major voter suppression bills passed (well, except for Interstate Crosscheck which is only bad if implemented badly, and we have to stay on top of it to make sure it’s not), and over forty good ones survived.

Just a few technical concurrences, and we’re done. Thank the goddess and well, some bipartisanship for once.

As someone once said, for every action there is an equal and opposite reaction. See the next post for more on that.

Bill filing deadline has passed

Believe it or not, we are almost halfway through the legislative session, and we have now passed the point where new bills can be filed.

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Racing to beat a deadline for filing bills, state lawmakers on Friday submitted hundreds of measures on everything from abolishing the death penalty to the licensing of auctioneers.

By the time the dust settled, 928 bills had been filed in the state House and Senate on Friday, setting the chambers up for a busy second half of the legislative session.

“Now, it’s game on,” longtime lobbyist Bill Miller said.

In all, some 8,000 measures are now before the 84th Legislature, including 4,114 House bills, 1,993 Senate bills and 1,771 resolutions.

[…]

The most high-profile bill filed Friday was an ethics reform package supported by Gov. Greg Abbott that long had been expected to be submitted by Sen. Van Taylor, R-Plano. Abbott had declared ethics reform a legislative emergency item during his State of the State address last month.

Taylor’s proposal, known as Senate Bill 19 and also backed by Lt. Gov. Dan Patrick, would require state officials to disclose contracts with governmental entities, prohibit lawmakers from serving as bond counsel for local and state governments and make departing legislators and statewide elected officials wait one legislative session before becoming lobbyists.

“There is no more valuable bond in democracy than the trust the people have with their government,” Taylor said in a statement. “The common-sense ethics reform outlined in Senate Bill 19 will strengthen that bond and send a clear message to the people of Texas that there is no place in government for those who betray the trust given to them by the voters.”

Tax policy also was a common theme, with [Rep. Dennis] Bonnen submitting his hotly anticipated proposal to cut business and sales taxes.

The Senate, which in some ways has been moving faster than the House, already has debated several tax proposals, and the issue is expected to be a priority focus of the session.

The Trib highlights a few bills of interest.

— House Ways and Means Chairman Dennis Bonnen, R-Angleton, filed his long-awaited proposals to cut the rates for both the margins tax paid by businesses and the broader state sales tax. The margins tax bill, House Bill 32, is identical to one filed by Senate Finance Chairwoman Jane Nelson, R-Flower Mound. The measures should draw the House more into the tax cut debate this session, which until now has been focused more on the Senate, where Nelson has already held hearings on some high-profile measures.

— Several measures filed Friday aimed at allowing Texas to change its approach to immigration, even as broader proposals stall in Washington.

House Bill 3735 by state Rep. Byron Cook, R-Corsicana, seeks to establish a partnership with the federal government to establish a guest-worker program to bring skilled and unskilled labor to Texas.

House Bill 3301 by state Rep. Eddie Rodriguez, D-Austin, would recognize undocumented Texans as “citizens” of the state. It would allow them to apply for driver’s licenses, occupational licenses and state IDs if they meet certain residency criteria and are can verify their identity.

“It also opens the door for future conversations about the very real fact that these Texans without status are here, they are not leaving, and we should be doing everything we can to help them find employment, housing and opportunity,” said Laura Stromberg Hoke, Rodriguez’s chief of staff.

— House Bill 3401 by state Rep. Matt Schaefer, R-Tyler, seeks to establish an interstate compact between interested states for the detection, apprehension and prosecution of undocumented immigrants.

— Looking to add restrictions on abortion, state Rep. Jodie Laubenberg, R-Parker, filed House Bill 3765 to beef up the state’s informed consent laws when it comes to minors. Texas law already requires patients seeking an abortion to go through the informed consent process, but Laubenberg’s bill would require notarized consent from a minor and a minor’s parent before an abortion is performed.

— House Bill 3785 from Rep. Marisa Marquez, D-El Paso, would permit patients with cancer, seizure disorders, PTSD and other conditions to medical marijuana. The measure is broader than other bills filed this session that would only allow low-level THC oils to be used on intractable seizure patients.

— The National Security Agency might have some trouble in Texas if Rep. Jonathan Stickland, R-Bedford, gets his way. House Bill 3916 would make it illegal for any public entities to provide water or electric utility services to NSA data collection centers in the state.

— State Rep. Joe Deshotel, D-Port Arthur, filed a pair of measures, House Bill 3839 and House Joint Resolution 142, which would ask voters to approve the creation of as many as nine casinos. Under Deshotel’s plan, most of the casinos would be built near the Texas coast, and a large portion of the tax revenue would go toward shoring up the troubled Texas Windstorm Insurance Association, the insurer of last resort for coastal Texans.

— In an effort to pave the way for a Medicaid expansion solution that would get the support of conservatives, state Rep. Garnet Coleman, D-Houston, filed House Bill 3845 to request a block grant from the federal government to reform the program and expand health care coverage for low-income Texans. Though GOP leaders have said they won’t expand Medicaid under the federal Affordable Care Act, they’ve asked the feds for more flexibility to administer the program. Coleman’s proposal, titled the “The Texas Way,” intends to give the state more wiggle room while still drawing some Republican support.

Here’s a Statesman story about the casino bills. There’s been a distinct lack of noise around gambling expansion this session, which is change from other recent sessions. I suspect Rep. Deshotel’s proposals will go the way of those previous ones, but at least there’s a new angle this time.

Here’s a press release from Republicans Against Marijuana Prohibition (RAMP) in favor of the medical marijuana bill from Rep. Marquez; there is a not-yet-numbered companion bill to HB3785 in the Senate, filed by Sen. Jose Menendez, as well. Two other, more limited, medical marijuana bills, the so-called “Texas Compassionate Use Act”, were filed in February. I don’t know which, if any, will have a chance of passage. I will note that RAMP has been admirably bipartisan in its praise of bills that loosen marijuana laws. Kudos to them for that.

If you’re annoyed at Jodie Laubenberg going after reproductive choice again, it might help a little to know that Rep. Jessica Farrar filed HB 3966 to require some accountability for so-called “crisis pregnancy centers’. Her press release is here.

I am particularly interested in Rep. Coleman’s “Texas Way” Medicaid expansion bill. (A companion bill, SB 1039, was filed by Sen. Jose Rodriguez.) I have long considered “block grant” to be dirty words in connection with Medicaid, so to say the least I was a little surprised to receive Rep. Coleman’s press release. I have complete faith in Rep. Coleman, so I’m sure this bill will move things in the direction he’s been pushing all along, but at this point I don’t understand the details well enough to explain what makes this bill different from earlier block grant proposals. I’ve sent an email to his office asking for more information. In the meantime, you can read Sen. Rodriguez’s press release and this Legislative Study Group coverage expansion policy paper for more.

Finally, one more bill worth highlighting:

The proposal introduced by out lesbian Rep. Celia Israel (D-Austin) would prohibit mental health providers in Texas from attempting to change the sexual orientation or gender identity of people under 18. Those who violate the law would face disciplinary action from state licensing boards.

Israel acknowledged that House Bill 3495 has little chance of passing the Republican-dominated Legislature, and it wouldn’t apply to faith-based practitioners, but she said it’s an important response to the Texas GOP’s 2014 platform plank endorsing reparative therapy.

“I don’t think that they recognize how hurtful these kinds of things can be,” Israel told the Observer. “To suggest that some young kid that happens to be gay is less than normal is very hurtful and harmful and dangerous, and I think I put myself back in those years when I was first discovering who I was. … I felt strongly about introducing a bill that was a counter to that, to say, ‘We don’t need fixing. We just need your love.’”

Virtually all of the major medical and mental health organizations have come out against reparative therapy, from the American Psychological Association to the American Medical Association and the American Counseling Association.

I agree that this bill isn’t going anywhere, but as I’ve been saying, that doesn’t mean it shouldn’t have been filed. Good on Rep. Israel for doing what’s right. Equality Texas has more.