Buzz Dulls on Marijuana Legalization Bill; Floor Action in Doubt

A House committee Wednesday night voted 5-2 to approve a proposal to legalize marijuana in Texas — but that might be as far as the measure gets.

Todd Hunter, chairman of the House Calendars Committee — which sets the daily schedule of bills to be discussed by the lower chamber — told The Texas Tribune on Thursday that “it’s going to be very tough” for any bill to make it out of his committee and onto the House floor because of congestion and looming deadlines.

The Republican said he’d have a better idea of the pot bill’s prospects on Monday.

Hunter was one of two GOP members on the House Criminal Jurisprudence Committee to vote for the legalization measure on Wednesday. The other was the bill’s author, state Rep. David Simpson of Longview.

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A bill that would make texting while driving a misdemeanor across Texas was temporarily stalled this Thursday when state Sen. Don Huffines, R-Dallas, used a procedural tactic in an attempt to prevent a committee vote on the measure.

Ahead of the Senate State Affairs Committee meeting, Huffines placed a "tag" on the bill, preventing the committee from taking it up for 72 hours. But following negotiations between Huffines and the panel chairwoman, state Sen. Joan Huffman, R-Houston, the tag was removed.

HB 80 by state Rep. Tom Craddick, R-Midland, would make texting while driving punishable with a fine of up to $99 on first offense and up to $200 for additional infractions. State Sen. Judith Zaffirini, D-Laredo, is sponsoring the bill in the Senate.

The bill was left pending in committee and is expected to be taken up Monday morning.

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The House on Thursday overwhelmingly gave its support to expanding options for the sale of raw milk or raw milk products. Allowing greater access to this product is a goal of some libertarians and urban farming advocates.

HB 91 passed on second reading today on a 122-14 vote. The bill was set to return for a final vote Friday. It does not have a Senate companion or sponsor so its long-term prognosis is iffy.

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The House and Senate this week named their conferees to hammer out a compromise on SJR 5, which would ask voters to approve dedicating a portion of the state’s sales tax revenue for building roads.

The Senate negotiators are Robert Nichols (chairman), R-Jacksonville; Kevin Eltife, R-Tyler; Bob Hall, R-Edgewood; Jane Nelson, R-Flower Mound; and John Whitmire, D-Houston.

The House negotiators are Joe Pickett (chairman), D-El Paso; Yvonne Davis, D-Dallas; Patricia Harless, R-Spring; John Otto, R-Dayton; and Ron Simmons, R-Carrollton.

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And, on a closing note, House Calendars has axed a planned Saturday calendar. Instead, those bills are being added to Friday’s calendar to create an eight-and-a-half-page mega-calendar.

They did something similar last week. No doubt, the idea of ruining Mother’s Day plans spurred the course change this go-around.

Senfronia Thompson Expands Lawmakers' Legislative Lexicon

Rep. Senfronia Thompson  D-Houston speaks with Rep. Sylvester Turner D-Houston on May 23rd, 2011
Rep. Senfronia Thompson D-Houston speaks with Rep. Sylvester Turner D-Houston on May 23rd, 2011

Senfronia Thompson has been in the House since 1973 and has learned some parliamentary tricks along the way. This week, the Houston Democrat taught many of her colleagues about one of those maneuvers.

After the House voted down her HB 187, which tweaks the statute of limitations for unlawful employment actions, Thompson asked that the bill be "spread on the journal."

That measure passed 93-41, even though it was clear afterward that many members didn't know what it meant. It was the first time anyone had successfully used the maneuver all session.

After several House members expressed confusion over what they had just approved, Thompson went to the front mic and explained that spreading a bill on the journal "means you give a one-hour notice to the House that you want to bring the bill back. It gives life back to the bill.”

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The Hazlewood Act was passed as a help to military veterans get a college degree after serving their country, exempting veterans from tuition and fees. Six years ago, lawmakers expanded the largesse, allowing unused benefits to be extended to veterans' dependents.

As a result, the cost of the program has increased in recent years, putting a financial burden on public colleges and universities.

The Senate passed legislation this week to put the brakes on the program’s growth. SB 1735 by state Sen. Brian Birdwell, R-Granbury, would do this by tightening requirements for military personnel to qualify for tuition and fee exemptions at public higher ed institutions.

Multiple senators took to the microphone to laud Birdwell for his hard work and commitment to the Hazlewood program and to veterans in the state. Sen. Van Taylor, R-Plano, reminded the Senate of the numerous accolades that Birdwell had himself earned, and emphasized his compassion for military families.

But several senators expressed concerns about the strict limitations imposed by the bill, including the requirement that veterans accumulate a combined six years in active or reserve duty in order to pass along the benefits of the program to their children.

"I don't think it's right to tell them that those three to four years is not enough time," said Sen. José Menéndez, D-San Antonio. "They are putting their lives on the line."

Before announcing the final vote, Lt. Gov. Dan Patrick paused to say that the Texas Senate had made him proud. The bill passed on a final vote of 24 to 7, at which time all senators stood and filed by Birdwell's desk to congratulate him on passage.

The House Higher Education Committee on Thursday substituted and passed its version of the legislation in a Thursday meeting. It now goes to House Calendars for possible floor debate.

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The Senate also approved SB 62, which would require the state comptroller to tally up the costs to the state from the presence of undocumented immigrants.

State Sen. Don Huffines, R-Dallas, did not accept the sole amendment offered on the bill, which would have the comptroller tally up the economic benefits as well.

“My bill is about the cost — the first thing we need to figure out is the cost,” Huffines said.

A point of order raised over a supposed error in the fiscal note was sent up by state Sen. Sylvia Garcia, D-Houston, in an attempt to snag the bill on second reading. But after a conversation at the dais, she withdrew her point of order.

The bill passed on a party-line vote on second reading on Wednesday. It received final approval on Thursday.

Inside Intelligence: About Those Jade Helm Rumors...

For this week’s nonscientific survey of insiders in government and politics, we asked about the fallout from the Jade Helm 15 controversy and who among the leadership is having the best session.

On the latter question, the insiders had a clear winner — Speaker Joe Straus. Three in four insiders said the leader of the House is having the best session. Lt. Gov. Dan Patrick and Gov. Greg Abbott, meanwhile, trailed the "none of the above" option, which was offered by 12 percent of the insiders. Patrick and Abbott were at 6 percent and 5 percent, respectively.

The next pair of questions concerned Abbott's decision to wade into the controversy over the planned Jade Helm military exercise this summer in Texas. The insiders weren't happy with the bone thrown by the governor to the conspiracy theorists. (Abbott, for his part, contends he was just acting as "a communication facilitator" between the opposing camps.) About two-thirds of the insiders thought Abbott's action both hurt his and the state's image.

And with Patrick deciding to help along a "religious freedom" bill by suspending rules to give it a committee hearing, we asked if this meant the odds are now more favorable for its passage.

No, said three in five of the insiders.

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

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Who is having the best session?

• "Straus is killing it. Patrick overreached and now has to figure out what to do. Abbott needs to avoid those self-inflicted wounds."

• "I think legislatively it's gotta be Abbott — pre-K is moving, open carry is moving, and his ethics stuff is moving, too, whereas Patrick and Straus are thumping chests about taxes."

• "So far Joe Straus is saving the Republican Party from itself. As long as nothing too goofy gets through, he and the Republican Party are winners. The irony is that if the folks who are attacking Straus had their way, this state would be more purple than red."

• "If the plan was to be completely uncoordinated, they are all doing great."

• "Straus is the master now. He's enjoying it a little too much, but Straus is as on top of his game as I've ever seen any Speaker."

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Did Abbott’s reaction to the Jade Helm military exercise hurt the state’s image?

• "It was a bush-league move that made him look weak. The Patrick threat is real."

• "Ridiculous pandering. So disappointing from a governor who, up to this point, was making Texans forget about his predecessor."

• "I can't tell you how many out-of-state friends sent links to stories about the Bastrop meeting, then about Abbott's reaction."

• "As usual with the current statewide officeholders, Texas looks foolish. But it's great fodder for comics!"

• "We are Todd Smith."

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Did it hurt his image?

• "How can a former Texas Supreme Court Justice and former Attorney General take Alex Jones and his ilk seriously?"

• "The country club Republicans are feeling like wo/men with no country."

• "Maybe, temporarily. But we need to give him a break. As long as Mrs. Dan Patrick is measuring for drapes in the Gov's mansion, Abbott is going to have to get a little goofy."

• "I hope this was a staff error."

• "Not with those who are already planning to vote in the next 2 Republican primaries. Elsewhere, it doesn't help."

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Did fast-tracking a “religious freedom” bill in the Senate last week improve its chances in the Legislature?

• "I wish we'd just focus on issues that really matter to the state, like the budget, infrastructure, and education."

• "With roughly a month left, isn't *everything* on a fast track (to death or passage)?"

• "As long as Straus is Speaker, the Legislature will be mostly ineffective for good bills, yet very good at passing BAD bills."

• "Emergency declaration didn't seem to help either."

• "Last gasp at throwing red meat to far right. I am a Republican all the way, but this is silly."

Our thanks to this week's participants: Gene Acuna, Cathie Adams, Clyde Alexander, George Allen, Jay Arnold, Charles Bailey, Andrew Biar, Allen Blakemore, Tom Blanton, Chris Britton, Kerry Cammack, Snapper Carr, William Chapman, Elna Christopher, Harold Cook, Kevin Cooper, Beth Cubriel, Randy Cubriel, Curtis Culwell, June Deadrick, Tom Duffy, David Dunn, Richard Dyer, John Esparza, Jon Fisher, Tom Forbes, Neftali Garcia, Dominic Giarratani, Bruce Gibson, Stephanie Gibson, Scott Gilmore, Eric Glenn, Kinnan Golemon, Jim Grace, John Greytok, Wayne Hamilton, Bill Hammond, John Heasley, Ken Hodges, Steve Holzheauser, Deborah Ingersoll, Mark Jones, Walt Jordan, Robert Kepple, Richard Khouri, Tom Kleinworth, Sandy Kress, Dale Laine, Nick Lampson, Pete Laney, Dick Lavine, James LeBas, Luke Legate, Leslie Lemon, Myra Leo, Ruben Longoria, Matt Mackowiak, Jason McElvaney, Bee Moorhead, Mike Moses, Steve Murdock, Sylvia Nugent, Todd Olsen, Nef Partida, Gardner Pate, Jerry Philips, Allen Place, Kraege Polan, Gary Polland, Jay Pritchard, Jay Propes, David Reynolds, Carl Richie, Grant Ruckel, Jason Sabo, Andy Sansom, Barbara Schlief, Stan Schlueter, Robert Scott, Steve Scurlock, Ben Sebree, Jason Skaggs, Ed Small, Larry Soward, Dennis Speight, Bob Stein, Colin Strother, Sherry Sylvester, Sara Tays, Trey Trainor, Vicki Truitt, Corbin Van Arsdale, David White, Seth Winick, Angelo Zottarelli.

The Calendar

Saturday, May 9

  • Texas municipal elections, including mayoral elections in San Antonio, Dallas, Fort Worth and Arlington
  • Texas Water Management 101: You and the State Water Plan; 7210 Brush Country Road, Austin (9 a.m.-5 p.m.)

Sunday, May 10

  • Mother's Day

Monday, May 11

  • Last day for House committees to vote out bills

Tuesday, May 12

  • Last day for distribution of House Daily Calendar containing House bills

Wednesday, May 13

  • A conversation with state Rep. Dennis Bonnen, R-Angleton; 110 E. 9th St., Austin (8-9 a.m.)

Thursday, May 14

  • Last day for House to consider bills on second reading
 

The Week in the Rearview Mirror

The American Phoenix Foundation, an activist group with ties to conservative causes, said it plans to release secretly captured footage of Texas lawmakers behaving badly, confessing to a variety of indiscretions, engaging in inappropriate relationships with special interest lobbyists and possibly admitting to criminal behavior.

Investigations continue into the Sunday night killing in Garland of two men who shot a security guard outside a contest featuring cartoons of the Prophet Muhammad. Their ties to terrorist groups are being investigated as is a claim of responsibility by the Islamic State.

In a letter, the UT System says Regent Wallace Hall shouldn't have "unfettered access" to confidential student information. The letter also argues that Hall didn't have the right to seek the attorney general's help in the request. 

After an unsuccessful attempt to include an exception for rape and incest, a measure to ban abortion coverage from health insurance plans cleared the Texas Senate on Wednesday.

A key early education bill backed by Gov. Greg Abbott setting up grants to encourage higher-quality pre-kindergarten programs has now cleared both chambers of the Legislature.

Political People and their Moves

Debra Ibarra Mayfield was named judge of the 165th Judicial District Court in Harris County by Gov. Greg Abbott for a term to expire at the next general election.

David Daniel was named deputy chancellor of the University of Texas System on Wednesday. In a press release, Chancellor Bill McRaven said Daniel will be McRaven's "right-hand man." Daniel is the current president of the University of Texas at Dallas. In other UT personnel news, Steven Lesliethe former UT-Austin provost, has been named vice chancellor for academic affairs.

Harris County Sheriff Adrian Garcia announced Wednesday that he’s running for mayor of Houston, joining an already crowded field that includes state Rep. Sylvester Turner, former Congressman Chris Bell and Houston attorney and businessman Bill King. On Thursday, state Rep. Allen Fletcher, R-Cypress, said he will forgo a re-election bid in an effort to replace Garcia, who must resign his post.

Deaths: Jim Wright, 92, whose 34-year congressional career culminated in being elected speaker of the House in 1987. An ethics controversy led to the Fort Worth Democrat's resignation from Congress in 1989. Another legacy was his sponsorship of the Wright Amendment, which for many years protected Dallas/Fort Worth Airport from competition from Dallas Love Field.

Disclosure: The University of Texas at Austin and the University of Texas at Dallas are corporate sponsors of The Texas Tribune. A complete list of Tribune donors and sponsors can be viewed here.

Quotes of the Week

I think things are coming unstuck.

Chief Senate budget writer Jane Nelson, on the state of negotiations in the Legislature on the budget and taxes

I feel like the lieutenant governor wants to use border security as his hostage to force his tax plan.

Chief House tax writer Dennis Bonnen, giving a decidedly downbeat assessment of those same negotitations

If they’re running on God and guns and babies and then come down to Austin and act like total moral hypocrites, we want to show that, too.

American Phoenix Foundation spokesman John Beria on the goal of his group's secret video recording project of Texas lawmakers

What we’re doing is serving as a communication facilitator between the Special Operations Forces and the people of the state of Texas and nothing more than that.

Gov. Greg Abbott, defending his call for the Texas State Guard to monitor Jade Helm 15

Civilian leadership – you can always question that, but not the men and women in uniform.

Former Gov. Rick Perry offering his two cents on the kerfuffle over Jade Helm 15