Dream Act Opponents Face More Obstacles

Dreamer Sheridan Aguirre, born in Iguala, Guerrero Mexico and brought over to the US when he was 1 yr old, listens to testimony of Senate sub-committee hearing on April 6th, 2015
Dreamer Sheridan Aguirre, born in Iguala, Guerrero Mexico and brought over to the US when he was 1 yr old, listens to testimony of Senate sub-committee hearing on April 6th, 2015

As the week progressed, it seemed the hill to be scaled by opponents of the so-called Texas Dream Act seemed only to get steeper.

The Legislature's higher education chairmen talked with the Tribune's Evan Smith on Thursday morning. One — House Higher Education Chairman John Zerwas — flat out said he's a no vote on repealing in-state tuition for undocumented students.

His Senate counterpart, Kel Seliger, was more nuanced but came across as skeptical of the effort to undo the Dream Act, which became law nearly 14 years ago.

Noting that the leaders in the business community are opposed to effort, he added, “What does it accomplish if we take away in-state tuition? These kids aren’t taking places up in schools that other people need.”

Is Seliger a no vote, though?

We know that SB 1819, the bill that would undo the Dream Act, was not placed on the intent calendar Thursday. Senate rules specify that legislation must sit on the intent calendar for two days before it can be considered on the floor.

Today's action leaves SB 1819 one day short of being eligible for being called to the floor.

All this would seem to suggest that another Senator is joining Kevin Eltife, a confirmed no vote on SB 1819, in opposing the legislation. Two Republicans would be enough to deny the bill the three-fifths support needed to consider it on the floor.

Stay tuned.

*****

The other big conflict between the House and Senate on tax relief showed no signs of abating this week.

Much of this was fueled by statements by Lt. Gov. Dan Patrick, who was showing no give in his position that the Legislature should be cutting property and business taxes.

Earlier this week, Patrick told reporters that “Property tax relief is No. 1 for me.” He followed up a day later with a written statement that read in part, “Let there be no misunderstanding, I agree with Governor Abbott that I too will not support any budget that does not have franchise tax relief. I also will not support any budget that does not have property tax relief, as well.”

For its part, the House isn't showing any signs of giving in.

The House's tax-writing committee on Thursday afternoon passed its tax cut package, which relies on a state sales tax rate reduction as well as cuts in the business franchise tax.

The next step will be for that legislation to be scheduled for floor debate in the House.

The fact that this disagreement could make passing the budget problematic enhances the drama around this particular game of brinksmanship. One possible result is the failure to pass a budget, which would bring on a special session.

Texas Tea Party Activists Rally on Tax Day

Wednesday was Tax Day, which brought 100-plus Tea Party activists to the Capitol to celebrate their contribution to the political discourse over the past six years.

Lt. Gov. Dan Patrick extolled them for introducing a "third voice" as an alternative to the major political parties, while another influential conservative advocate, Michael Quinn Sullivan of Empower Texans, pointed to the current debate on taxes as illustrating the influence of the Tea Party.

"Today this chamber and this chamber are in a fight over what taxes to cut and who can do the biggest tax cut," Sullivan said. "You are winning."

*****

The Texas Association of Business continues pushing Congress on reauthorizing the Export-Import Bank. 

In a letter to the Texas congressional delegation and congressional leadership, the business advocacy group said the bank is crucial for the competitive standing of Texas businesses.

The letter was signed by 517 companies and business groups and reads in part:
 
The economic prosperity of Texas will be significantly affected if the Ex-Im Bank is not reauthorized.
 
“We are confident that you and your colleagues in the Texas Congressional Delegation understand the importance of the Ex-Im Bank and recognize this opportunity to reform and strengthen this important resource for America’s exporters.”
 
If no action is taken, the bank ceases to exist at the end of June. TAB and its allies are up against a bloc of congressional conservatives who would like to see the plug pulled on the bank.

One of the bank's chief critics is House Financial Services Committee Chairman Jeb Hensarling, R-Dallas. His committee brought Ex-Im Bank President Fred Hochberg in for a hearing on Wednesday where, according to The Hill, he was grilled.

Hochberg was called out, for example, for his efforts to rally support for reauthorization of the bank.

“Perhaps, maybe a little bit more time managing the store and a little less time with the photo-ops lobbying for your reauthorization may lead to fewer indictments,” Hensarling said. 

*****

The Ethics Commission said Thursday that it is releasing new campaign finance filing software at the end of the month. After April 28, all candidates, officeholders and political committees will use the new software in filing reports with the commission.
 
The old system will go offline on Wednesday.
 
In a statement, the commission said the new system is intended to make the filing process “easier and more intuitive.” The agency also said it will host a series of seminars to provide training on the new system.
 
Lawmakers approved the $3.5 million software upgrade last session.

*****

State Rep. Rafael Anchia, D-Dallas, has tried for four sessions now to pass legislation that would allow same-sex partners to both be listed as adoptive parents on a child's birth certificate.

Because of the way the law is written now, just one parent can be listed.

To highlight the issue, Anchia made a personal privilege speech on the House floor.

“Year after year, these bills languish, because of outside pressure by groups that blind you, and tell you that the bill does something that it doesn’t do,” Anchia said. “If this Legislature is about families and keeping kin together, then we really should do better.”

Anchia has an ally as well — House State Affairs Chairman Byron Cook, R-Corsicana.

Cook told the House after Anchia's speech, “I just want everybody to know I support what we’re trying to do for these kids."

Inside Intelligence: About Those Religious Freedom Laws...

We started off this week’s survey of politics and government insiders with a question about the proposed update to Texas' religious freedom law before the Legislature this session.

It's a constitutional amendment designed to strengthen the law already on the books. Opponents, including high-profile business advocates like Bill Hammond, say the effort could make Texas look like it condones discrimination against gays and lesbians and hurt its national standing.

The vast majority of the insiders agree, with three-fourths of the respondents saying that lawmakers should not update the law.

For the next question, we asked if the insiders thought the Texas-Mexico border is safe. We thought it would be interesting to test that assumption because where you fall on this question goes a long way to inform where you might stand on lawmakers' push to boost border security efforts.

A majority here — 54 percent — thought the border is not safe. That number was significantly higher than the roughly one in three who thought the border is safe.

Much has been made recently about the House and Senate and their dueling messaging on how tax relief should be shaped this session. Two in five of the insiders thought the House has the upper hand on messaging while 13 percent thought the Senate is winning the PR war.

Nearly one in three thought that neither side is winning while one in 10 thought both sides are winning.

And now that Hillary Clinton is officially a candidate for president in 2016, we asked what effect she might have on Texas Democrats next year.

About two-thirds thought an effect would be to take campaign cash from local donors. The next biggest effect, listed by 44 percent of respondents, would be to raise the national profile of Texas Democrats, such as Julián and Joaquín Castro.

Boosting Hispanic turnout was cited by 36 percent of respondents with another 24 percent saying that Clinton would energize candidates to enter down-ballot legislative races.

We collected comments along the way, and a full set of those is attached. Here’s a sampling:

.

The Legislature is considering a constitutional amendment that says government “may not burden in any way a person’s free exercise of religion” unless there’s a compelling interest at play. Should the Legislature update Texas’ existing religious freedom law this way?

• "On the one hand I thought this was already a person's right, on the other is stories I see with increasing frequency about people's lives being destroyed as they practice their religion publicly. And then there's the whole poor sisters and birth control issue. At the end of the day, I simply don't know but I think I'll convert to Rastafarianism should this pass as they would seem to benefit most from this change."

• "If this were about religious freedom - absolutely. But it's not. Otherwise you'd have business owners turning down business from couples who live together before marriage, have children out of wedlock, have never cheated on each other, etc. This is about hiding behind the Bible to discriminate against gay couples."

• "What better way to test the will of the people of Texas on this issue than to put it on a ballot?"

• "Mandating by law a kosher butcher provide non-kosher products or mandating by law a Hindu vegetarian restaurant provide non-vegetarian fare is worth protecting as is a Christian pharmacist not be required to provide birth control devices or a Christian bakery not required to provide services for a same-sex marriage ceremony."

• "What's wrong with the RFRA law we have? Advocates for change have not made a case for expanding it."

.

Lawmakers this session have argued for increased funding for border security to fight spillover crime and human trafficking. Critics have argued back that state leaders are overhyping what is a problem — the nation’s immigration system — that is best left to the feds. Is the Texas-Mexico border safe?

• "Of course border security is a federal problem. But in the absence of any federal action, Texas must act in the interest of self-preservation. Many areas along the border are a dangerous place and the threats are beginning to permeate the state. Bold action is needed."

• "Ask any rancher in South Texas - this border is not safe."

• "The border is as safe as it has ever been. Another solution in search of a problem."

• "There is so much argument on both sides of the issues, it's tough to know how truly safe it is. As a matter of caution, I would be reluctant to spend a great deal of time there."

• "Like most Texans, I do not travel to the border much or into Mexico at all anymore due to the random violence. I miss it very much."

• "Who knows? The Tex-Mex border is too big to make blanket statements like that."

.

Who’s winning the PR war on tax relief — the House or the Senate?

• "At the end of the day, Texas will have tax relief and both chambers and Texas taxpayers will win."

• "How could either side be winning when nobody outside the Capitol complex is paying attention?"

• "It seems to me that all they are doing is guaranteeing themselves a special session on the budget."

• "The echoes are too loud within the Capitol to know how the shouting is being received outside."

• "The Senate is, but don't count the House out yet. The sales tax cut is the best and most equitable way to cut taxes."

• "Senate's message is populist appeal. House's message is more than a soundbite, but is better policy and likely provides more tax relief."

.

What is the impact of Hillary Clinton’s 2016 presidential campaign on Texas Democratic politics?

• "The Hillary Clinton campaign will have the same effect as the Wendy Davis campaign - lots of promise and very little return for Texas Democrats. The only winners in Texas will be paid political consultants who reap the benefit of raising lots of money here and those who trick donors into funding another failed 'grassroots' campaign."

• "Energizing the entire Texas conservative base under the 'oh, hell no' flag."

• "No doubt the trial attorney ATM machine will be tapped in Texas. Beyond that, let's first see if she actually secures the nomination."

• "Dems are so far down nothing is going to energize Texas Dems."

• "Democrats just had a woman at the top of the ticket to 'energize' them and we all know how that turned out. If Hillary picks Julián as her VP, that might give the Dems a little bump, but not so much as anyone would notice."

Our thanks to this week's participants: Gene Acuna, Cathie Adams, Clyde Alexander, George Allen, Jay Arnold, Charles Bailey, Dave Beckwith, Andrew Biar, Allen Blakemore, Tom Blanton, Chris Britton, David Cabrales, Raif Calvert, Snapper Carr, Elna Christopher, Harold Cook, Kevin Cooper, Beth Cubriel, Randy Cubriel, Curtis Culwell, June Deadrick, Tom Duffy, David Dunn, John Esparza, Jon Fisher, Tom Forbes, Neftali Garcia, Dominic Giarratani, Bruce Gibson, Stephanie Gibson, Scott Gilmore, Kinnan Golemon, Daniel Gonzalez, John Greytok, Clint Hackney, Wayne Hamilton, Bill Hammond, Ken Hodges, Steve Holzheauser, Mark Jones, Walt Jordan, Robert Kepple, Richard Khouri, Tom Kleinworth, Sandy Kress, Dale Laine, Nick Lampson, Pete Laney, James LeBas, Luke Legate, Leslie Lemon, Homero Lucero, Matt Mackowiak, Steve Minick, Mike Moses, Steve Murdock, Keir Murray, Nelson Nease, Keats Norfleet, Gardner Pate, Jerod Patterson, Robert Peeler, Tom Phillips, Wayne Pierce, Richard Pineda, Allen Place, Kraege Polan, Gary Polland, Jay Pritchard, Jay Propes, Ted Melina Raab, Karen Reagan, Patrick Reinhart, Carl Richie, Grant Ruckel, Tyler Ruud, Andy Sansom, Barbara Schlief, Stan Schlueter, Ben Sebree, Ed Small, Martha Smiley, Larry Soward, Leonard Spearman, Dennis Speight, Bob Stein, Bob Strauser, Colin Strother, Charles Stuart, Sherry Sylvester, Jay Thompson, Trey Trainor, Vicki Truitt, Corbin Van Arsdale, Ware Wendell, David White, Darren Whitehurst, Angelo Zottarelli.

The Calendar

Friday, April 17

  • Early voting ends in HD-124 special election runoff
  • Texas Agricultural Land Trust: Introduction to Conservation Easements; 501 W. Wall St., Midland (11:30 a.m.)

Saturday, April 18

  • Save Texas Schools rally; 1100 Congress Ave., Austin (10 a.m.-12 p.m.)

Tuesday, April 21

  • HD-124 special election runoff
 

The Week in the Rearview Mirror

The Texas Senate on Tuesday approved its $211 billion, two-year budget. The next step is the appointment of conferees to referee the differences with the House's version of the budget. One potential hang-up is on the related issue of how to handle promised tax cuts.

House Democrats derailed on procedural grounds pending legislation on open carry, municipal regulation of oil and gas activity as well as moving the home of the public integrity unit. Legislation on the first two topics will be back on the House floor today.

GOP presidential candidate Ted Cruz raised more than $4.3 million in the first nine days of his campaign, according to federal campaign filings. While the donor list featured many longtime GOP patrons such as Red McCombs, Robert Rowling and Bob McNair44 percent of Cruz's haul came from contributors giving $200 or less.

With little debate, the Texas Senate approved a "parent trigger" bill, which would allow parents of students at underperforming public schools to demand fixes from the state commissioner of education including hiring new staff, contracting with a charter school operator to take over management or closing the school altogether.

Disclosure: Red McCombs and Robert Rowling are major donors to The Texas Tribune. A complete list of Tribune donors and sponsors can be viewed here.

Political People and their Moves

Larry Laine will step down from his post as chief clerk for the Texas General Land Office this month. He's served in the position for more than 12 years. General Counsel Anne Idsal will fulfill chief clerk duties on an interim basis.

Early voting concludes today ahead of Tuesday's special election runoff between former Bexar County prosecutor Ina Minjarez and former San Antonio City Councilwoman Delicia Herrera to represent House District 124. The election will fill a vacancy created when José Menéndez resigned to join the Texas Senate.

Alfred Bennett was confirmed by the U.S. Senate for a spot on the bench for the U.S. District Court for the Southern District of Texas. Bennett's nomination was made in September and he's been awaiting a confirmation vote ever since. Two other nominations to the Texas federal courts made at the same time as Bennett — George Hanks Jr. and Jose Olvera Jr. — are still waiting for a vote.

Deaths: Arthur "Buddy" Temple III, 73, four-term state representative (1973-81) from Diboll and railroad commissioner (1981-86). He also ran unsuccessfully for governor in 1982, and as a legislator co-sponsored the creation of the state's ethics code in 1973.

Disclosure: The Texas General Land Office was a corporate sponsor in 2011 of The Texas Tribune. A complete list of Tribune donors and sponsors can be viewed here. 

Quotes of the Week

I hear Democrats in this state say all the time, ‘If only we could get people to go out and vote for us, if only people didn’t stay home on Election Day,’ and then they go and do stuff like this and they wonder why people don’t want to vote for them.

Andrew Dobbs of the Texas Campaign for the Environment on the Democrats backing legislation that would stop local regulation of oil and gas exploration

You go to talking about condemning something by eminent domain, you’ll get shot in this part of the country.

Big Bend rancher Mary Luedeke on the controversy flaring there over a proposed 143-mile natural gas pipeline that would run to the Mexican border

I just don’t want somebody to be called a criminal just because they can’t get to school.

State Sen. John Whitmire, D-Houston, on the need for his bill that ends criminal penalties for truancy

The legislative process is pretty cool, but it would be hard for me to do this for very long.

Jacob Hale, a 13-year-old student from Austin, after testifying in favor of a bill inspired by his research that would change the name of Confederate Heroes Day