Changing the Complexion of the Senate

Sen. Kevin Eltife, R-Tyler, is congratulated by Sen. Paul Bettencourt, R-Houston, in passing changes to Senate rules on Jan. 21, 2015.
Sen. Kevin Eltife, R-Tyler, is congratulated by Sen. Paul Bettencourt, R-Houston, in passing changes to Senate rules on Jan. 21, 2015.

The big headline from this week was Senate Republicans banishing the two-thirds rule. In its place, the GOP caucus (with the help of a single Democrat) lowered the voting requirement to 19 for bringing legislation to the floor — a threshold that Republicans will be able to meet without a single Democratic vote.

The two-thirds rule protected different types of minorities in the Senate. It protected the rural lawmakers in an urbanizing state as much as it protected members of the minority party.

Dismantling the rule was a change advocated by Lt. Gov. Dan Patrick since his arrival in the Senate in 2007.

Add in the recent turnover in the Senate GOP caucus, in which “moderates” like Robert Duncan, John Carona and Bob Deuell were replaced by Tea Party stalwarts like Charles Perry, Don Huffines and Bob Hall, and the action this week had the feel of a fait accompli.

One question going forward is, what will the Republicans use the new rule for?

For all the talk about the two-thirds rule, it has generally served to delay and not permanently block the GOP’s biggest legislative priorities.

That’s because key votes sometimes took place in special sessions, when the two-thirds rule isn’t in effect, such as the recent passage of new regulations on abortion facilities. Or votes have occurred after specific exceptions to the two-thirds rule were written into the Senate rules, as was the case with the voter ID law.

In other words, finding ways around the two-thirds rule was saved for the most pointedly partisan initiatives where the need to pass legislation has coincided with the need to compromise as little as possible on the issue.

If not needing a Democratic vote is now part of the regular legislative procedure, it could mean more pointedly partisan votes become part of the Senate’s new operating procedure.

It could also mean the majority party has less incentive to work on legislation to bring over Democratic votes on other high stakes but not necessarily partisan initiatives.

Will this session see more caucus line votes, in other words? And will the Senate strive as hard this session to achieve consensus on things like the budget? Or tax cuts? Or school choice?

As these questions are slowly answered in the coming months, it will become easier to know if changing the two-thirds rule represents an acceptable move toward “better governing,” as state Sen. Kevin Eltife argued on the floor this week, or if the character of the Senate as a deliberative body has been changed.

No Word Yet From Abbott on Special Election Runoffs

State Reps. José Menéndez (left) and Trey Martinez Fischer, both Democrats from San Antonio, are seeking the Texas Senate seat vacated by Leticia Van de Putte, who is running for mayor of San Antonio.
State Reps. José Menéndez (left) and Trey Martinez Fischer, both Democrats from San Antonio, are seeking the Texas Senate seat vacated by Leticia Van de Putte, who is running for mayor of San Antonio.

As of late Thursday afternoon, Gov. Greg Abbott had not set dates for the runoffs in the SD-26, HD-17 and HD-123 special elections. He has until Saturday to do so. But according to our math, waiting past Thursday now means the earliest day for those elections is Saturday, Feb. 7.

The latest possible date for holding elections is Tuesday, Feb. 17.

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The Texas Parks and Wildlife Foundation — the nonprofit arm of the Texas Parks and Wildlife Department — this week ran the results of a poll that found 70 percent of respondents supported a constitutional amendment that would "permanently dedicate sufficient sales tax revenue generated from outdoor sporting goods to fund the parks budget."

Parks funding has been a poster child of sorts for the budgetary tactic of not using dedicated funds for the purposes for which they have been raised. Lawmakers in recent sessions have talked a lot about limiting or ending these “diversions” and made some progress in that direction last session.

According to the TPWF, the state has collected more than $2 billion from the outdoor sporting goods tax since 1993, but only 36 percent has been appropriated for parks.

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House members turned in their committee requests on Tuesday. Now begins the traditional parlor game of guessing when the speaker will hand out those assignments. The process usually takes up to a few weeks.

And while the speaker has a great deal of discretion in assigning members to panels, it’s good to remember that he doesn’t have absolute discretion. Up to half of the seats on standing committees are seniority picks, meaning those members who have been in the chamber the longest have an easier time getting their first choice of assignments.

Now also might be a good time to remember that 15 of the 19 members voting against Straus for Speaker are either freshmen or sophomores.

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It’s been noted already that senators voted this week to kill four standing committees — open government, jurisprudence, economic development and government organization — this session.

It’s also worth noting that senators chose not to consolidate the education and higher education panels, a move that had been rumored in the months leading up to session.

Here’s the rundown on other changes to the Senate’s standing committees:

•    The Agriculture Committee loses homeland security from its portfolio but adds water. It also increases by two members, to seven.

•    The Education Committee expands by two members, to 11.

•    The Intergovernmental Relations Committee expands by two members, to seven.

•    The Veterans Affairs and Military Installations Committee increases by two members, to seven. This panel also gets a three-member subcommittee on border security.

•    The Natural Resources Committee has economic development added to its portfolio.

Inside Intelligence: About the Price of Oil...

A new governor is now installed and we started off this week’s survey of politics and government insiders with a question about Greg Abbott’s top priorities.

More than half think border security will make the governor’s list of emergency issues, if there is such a list; 26 percent predict Abbott won’t designate any items for early consideration. Transportation and contracting issues got some votes, but open carry only moved 6 percent of the insiders.

How much will oil cost next September? You’d have to sign off on such a prediction if you were the state comptroller. Most of our insiders guessed the barrel price of West Texas Intermediate will be between $50 and $70 on that date. None think it will be over $90; 2 percent think it will be below $30. Wait and see.

The House has presented its base budget — the starting point for fiscal debate — and most of the insiders expect lawmakers to spend more than that document’s $98.8 billion in general revenue recommendations.

We asked what kinds of spending were most likely to increase from the base numbers; transportation led the way, followed by border security and public education.

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

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Which topics are likely to make Gov. Greg Abbott’s list of emergency items? (Choose all that apply)

• "The assumption is that he has to designate emergency items. I don't think he has to or will. But if he does, it'll likely be property taxes, border security, and public education. At least judging by his speech yesterday..."

• "I believe GA will be very conservative (safe) with his emergency issues. Transportation is the only issue which is relatively safe."

• "After the news coverage of the HHSC and DPS contracting issues, that one seems to fit the bill. "

• "If Abbott declared border security an emergency item it will clearly put him in league with Patrick against Straus. "

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Take a turn on the revenue estimator hot seat: What will be the price of a barrel of West Texas Intermediate on September 1?

• "If I had any credible way of predicting the price of oil, would I be a lobbyist?"

• "The average price the past ten years is about $83, but during those years — especially the early years — we didn't have today's volatile environment around the globe driving down the price. I would expect the price to come up slightly. One thing's certain: the recent heyday(s) of $90-100+ are gone for the foreseeable future. "

• "It will be heading up or up by the last quarter of this year. The dictatorial thugs in South America need to sell their oil at a higher price to feed their 'people'. Unrest is not a good thing. Another question that needs to be asked is how long and how much pressure do we want to keep putting on Putin and Iran. That is a part of the equation many people are not addressing. "

• "I am cautiously optimistic that oil will get just above $50/barrel."

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The Texas House released a base budget which spends $98.8 billion in GR, leaving billions of available dollars on the table. Budget writers will spend...

• "The low price per barrel will sober up all the extraneous spending talk."

• "The House will pass a budget using every dollar and the Senate will strip it back."

• "Not only will the constitutional spending limit force the Lege to leave money on the table, but the Senate will insist on bragging rights about low spending and go even lower than the House."

• "They'll spend more than the House base budget, but there will be 9 or 10 billion left for tax cuts or putting in the bank."

• "Significant tax savings will be passed by the Texas Legislature"

• "The issue of tax cuts is real, it was not a campaign gimmick...the '...lots left over.' will go back to the taxpayers."

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Lawmakers will spend more than the base budget amounts on... (Choose all that apply)

• "They *have* to spend more on HHS; transportation, border security, and education are priorities of voters, so they'll get additional funding (not a whole lot more, but more than the baseline)."

• "They will spend more on transportation but only after seeking the safe harbor of a constitutional amendment dedicating motor vehicle sales tax. They will also, just because it has become a habit, intentionally under-budget Medicaid."

• "Also on prisons. If the additional money isn't in the budget by the end of the regular session, it'll have to be added by end of fiscal 2017 (supplemental)."

• "Things will go in only one direction this session - toward preventing being primaried."

• "They'll spend more on transportation because everyone wants it and the Speaker has promised an end to diversions. It won't be enough, but it will be an accomplishment box they can check. They'll spend more on Health and Human Services, not because they want to, but because it just costs more and their ability to cut it is low."

• "Unfortunately Public Education won't be on this list."

Our thanks to this week's participants: Gene Acuna, Cathie Adams, Brandon Aghamalian, Brandon Alderete, Clyde Alexander, George Allen, Jay Arnold, Charles Bailey, Tom Banning, Amy Beneski, Andrew Biar, Allen Blakemore, Tom Blanton, Chris Britton, David Cabrales, Raif Calvert, Lydia Camarillo, Kerry Cammack, Janis Carter, William Chapman, Elna Christopher, Harold Cook, Kevin Cooper, Beth Cubriel, Randy Cubriel, Curtis Culwell, Eva De Luna-Castro, June Deadrick, Nora Del Bosque, Holly DeShields, Tom Duffy, David Dunn, Jack Erskine, John Esparza, Jon Fisher, Tom Forbes, Dominic Giarratani, Eric Glenn, Daniel Gonzalez, Thomas Graham, John Greytok, Clint Hackney, Bill Hammond, John Heasley, Ken Hodges, Kathy Hutto, Mark Jones, Walt Jordan, Robert Kepple, Richard Khouri, Tom Kleinworth, Ramey Ko, Sandy Kress, Dale Laine, Nick Lampson, Pete Laney, Dick Lavine, James LeBas, Luke Legate, Leslie Lemon, Ruben Longoria, Homero Lucero, Vilma Luna, Matt Mackowiak, Steve Minick, Bee Moorhead, Keir Murray, Nelson Nease, Keats Norfleet, Pat Nugent, Todd Olsen, Nef Partida, Gardner Pate, Robert Peeler, Jerry Philips, Tom Phillips, Wayne Pierce, Richard Pineda, Allen Place, Gary Polland, Jay Pritchard, Ted Melina Raab, Tim Reeves, Patrick Reinhart, David Reynolds, Carl Richie, Jeff Rotkoff, Jason Sabo, Andy Sansom, Jim Sartwelle, Barbara Schlief, Stan Schlueter, Bruce Scott, Robert Scott, Steve Scurlock, Ben Sebree, Jason Skaggs, Ed Small, Larry Soward, Leonard Spearman, Dennis Speight, Jason Stanford, Bob Strauser, Colin Strother, Sherry Sylvester, Sara Tays, Jay Thompson, Trey Trainor, Vicki Truitt, Corbin Van Arsdale, Ware Wendell, Ken Whalen, Darren Whitehurst, Seth Winick, Angelo Zottarelli.

The Calendar

Monday, Jan. 26

  • Open Carry Texas' Carry to the Capitol rally; 1100 Congress Ave., South Steps, Austin (10 a.m.-1 p.m.)

Tuesday, Jan. 27

  • Texas Society of CPAs legislative reception, featuring House Speaker Joe Straus; 701 E. 11th St., Austin (5:30-7:30 p.m.)

Thursday, Jan. 29

  • Supreme Court of Texas Justice Jeff Brown fundraiser; 5670 Briar Drive, Houston (5:30-7 p.m.)
 

The Week in the Rearview Mirror

Greg Abbott and Dan Patrick were sworn in as governor and lieutenant governor on Tuesday. It marked the first time since 1991 that Texas has welcomed a new occupant in both offices. The men's speeches reflected their different temperaments. Patrick was more improvised and emotional in claiming a mandate to take conservatism to the next level, while Abbott was more aspirational in tone, using the his biography to argue Texas is "where the improbable becomes the possible."

Senate Republicans this week took out a decades-old requirement that two-thirds of the chamber must agree to bring up legislation for debate. A supermajority of three-fifths will still be required, but the Republican caucus has enough members to meet the new threshold without needing to entice any Democrats to join them. Several Democrats spoke against the measure, with one — Rodney Ellis — predicting the day would be "one that we will look back on with regret."

In one of his first moves as governor, Abbott has tapped Stuart Bowen Jr., the special inspector general who oversaw the reconstruction of Iraq, to be the chief watchdog at the state's embattled Health and Human Services Commission. He succeeds Doug Wilson, who was fired in December after a controversy arose over the selection of 21st Century Technologies Inc. to receive a $110 million Medicaid fraud software contract.  

A Tribune analysis found that nearly half of the the $23.8 million spent from 2002 to part of January 2015 on tuition, conferences and other educational programs for state employees went to TxDOT staffers. Furthermore, a significant chunk of the TxDOT spending — $2.7 million — paid for employee education at a private university.

Texas' new solicitor general, Scott Keller, represented the state this week in oral arguments at the U.S. Supreme Court in a big case aimed at interpreting the scope of the 1968 law aimed at preventing racial discrimination in housing. The case is a key early test for new Attorney General Ken Paxton.

Legal costs are starting to add up for both sides in the case over Gov. Rick Perry's threat to veto funding for a state unit that investigates public corruption. Taxpayers have paid special prosecutors almost $110,000 for their work on the case so far. Meanwhile, Perry has dipped into his campaign chest to spend more than $1 million on his legal defense since August.

Political People and their Moves

Gov. Greg Abbott submitted three appointments to the Texas Senate for confirmation. They are:

  • Carlos Cascos, Secretary of State
  • Jerry Strickland, Executive Director of the Office of State and Federal Relations
  • David Mattax, Insurance Commissioner

Abbott also made several batches of appointments to university system boards of regents:

  • University of Texas System: R. Steven “Steve” Hicks (reappointed), Sara Martinez Tucker and David Beck
  • Texas A&M University: Phil Adams (reappointed), William “Bill” Mahomes Jr. and Robert L. “Bob” Albritton
  • Texas Tech University: Mickey Long (reappointed), Christopher M. Huckabee and Ronnie “Ron” Hammonds

State Sen. Charles Schwertner, R-Georgetown, was named to GOPAC's 2015 Legislative Leaders Advisory Board. The panel selects state legislators for the GOP training organization's Emerging Leaders Program, which prepares them for statewide and federal contests.

Former state Rep. and former GOP comptroller candidate Harvey Hilderbran is the new executive director of the Texas Facilities Commission. He takes over for Terry Keel, who stepped down to take a position at the Texas Department of Agriculture.

Former Virginia Congressman Frank Wolf has been named the Jerry and Susan Wilson Chair in Religious Freedom at Baylor University. A congressman from 1981 until this month, Wolf will also head up Baylor's efforts on Capitol Hill, according to a report in Roll Call.

The Texas County & District Retirement System has named Amy Bishop to be its new director. The organization went in house to hire Bishop, who has been deputy director, chief customer officer and benefits administrator, among others. She succeeds Gene Glass, who retired after 18 years with TCDRS.

Deaths: Hank Brown, 94, who was president of the Texas AFL-CIO from 1961-71. He also created the United Labor Legislative Committee, the lobbying arm of the state labor federation and its allies.

Disclosure: The University of Texas and Texas A&M University are corporate sponsors of The Texas Tribune. Steven Hicks and Donna Stockton Hicks are major donors to the Tribune. A complete list of Tribune donors and sponsors can be viewed here.

Quotes of the Week

He’ll be a no-drama governor. He’ll be somebody focused and prioritized and will work with the Legislature.

Dave Carney, Gov. Greg Abbott's political adviser, previewing what to expect from an Abbott administration

I’m not a ‘phobe’ of anything, but it’s time to recognize truth and that is that radical Islamic terrorists want to destroy our way of life and kill us. It’s very simple.

U.S. Rep. Louie Gohmert, R-Tyler, on the floor of the U.S. House last week

We have to realize we’re not a bunch of white people, we’re not a party of skin color, we’re a party of ideas.

State Sen. Craig Estes, R-Wichita Falls, at a Texas Public Policy Foundation immigration panel on how to reconcile the two wings of the GOP on the issue

You would think that if he (Houston) had given the bible to the court, and journalists are writing stories about it in the late 1800s, they would have mentioned that.

Texas Supreme Court Clerk Blake Hawthorne, casting doubt on the provenance on the Sam Houston Bible, used by Texas governors to take the oath of office