Budget Negotiators Push Toward Final Agreements

State Rep. Dennis Bonnen, R-Angleton, confers with State Rep. John Otto, R-Dayton, during a point of order called on House Bill 11 on March 18, 2015.
State Rep. Dennis Bonnen, R-Angleton, confers with State Rep. John Otto, R-Dayton, during a point of order called on House Bill 11 on March 18, 2015.

A key breakthrough happened Thursday on the emerging compromise for this session's tax relief package. The House's tax writing panel, Ways and Means, gave its approval to a $10,000 increase in the residential homestead exemption.

The House, though, moved back the special election needed to make this happen to November. Ways and Means Chairman Dennis Bonnen, R-Angleton, said, though, that this move would not preclude tax relief for both years of the budget cycle. There was some initial worry that not holding a September election, as initially called for under the Senate plan, would make it difficult to update property tax bills.

With this issue seemingly resolved, the chambers have taken another step closer to resolving all outstanding issues on the budget. On Wednesday, budget conferees announced final agreements on funding levels for public education, border security and Medicaid.

Budget conferees, meanwhile, met Thursday evening in what House Appropriations Chairman John Otto, R-Dayton, said would be the final meeting of the conferees.

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Legislation that would allow the attorney general to request a special three-judge panel to hear litigation involving school finance and redistricting challenges was sent to the governor this week.

As House sponsor Mike Schofield, R-Katy, explained several times during floor debate, SB 455 has its roots in Republican frustration that a district judge in predominately Democratic Travis County has heard the most recent school finance challenges.

Democrats in the House this week tried a couple of times to insert modifying language, one time to guarantee the presence of a Travis County judge and another time to have the chief justice of the Texas Supreme Court to recuse himself.

Both efforts failed.

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Another bill that touched off partisan tensions this week was over SB 1968, which would end an automatic payroll deduction for most public employees’ union dues.

House Democrats moved on Tuesday to block a public hearing on the bill requested by State Affairs Chairman Byron Cook, R-Corsicana. The move didn’t kill the legislation. It just eliminated the ability of people on both sides of the bill to testify publicly.

Democrats the next day relented and allowed Cook to schedule the hearing, which took place on Thursday. It was left pending after the committee took testimony.

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The House on Thursday named its conferees on HB 100, which would authorize a new round of tuition revenue bonds to support the construction of new buildings at colleges and universities across the state.

Those conferees are: John Zerwas (chair), R-Richmond; Trent Ashby, R-Lufkin; Travis Clardy, R-Nacogdoches; Donna Howard, D-Austin; and John Otto, R-Dayton.

Senate conferees are expected to be named soon.

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Other bills headed to the governor’s desk include:

•    HB 4, which creates a grant program to improve the quality of pre-kindergarten programs in the state.

•    HB 942, which calls for increased facility inspections and tighter storage regulations to reduce accidents in the fertilizer industry, such as the 2013 explosion that killed 15 people and caused extensive damage to the city of West.

It will also shift the task of collecting hazardous chemical reports from the Department of State Health Services, which is currently responsible, to the Texas Commission on Environmental Quality.

•    SB 1902, which would seal the criminal records of some one-time offenders who stay out of further trouble, making them unsearchable by the general public.

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The House on Thursday morning set calendars for both Saturday and Sunday. One of the highlights is SB 200, the HHSC Sunset bill, which would consolidate three of the biggest health and human services agencies. It was placed on the Sunday calendar.

GOP Lawmakers Differ on Reasons Not to Sign Gay Marriage Letter

State Rep. Sarah Davis, R-West University Place, defends the actions of her house colleagues during a TTEvents broadcast on May 21, 2015.
State Rep. Sarah Davis, R-West University Place, defends the actions of her house colleagues during a TTEvents broadcast on May 21, 2015.

In the week since 93 members of the House GOP Caucus signed a letter supporting current Texas law that proscribes same-sex marriage, two of the remaining five have given explanations for not signing.

Stalwart conservative Matt Schaefer, R-Tyler, said he couldn’t sign it because he didn’t feel a letter made up for the lack of action by the House.

"I wanted action, not just words in the journal. ... But unfortunately, the headline will be, the Texas House failed to act,” he said.

Sarah Davis, R-West University Place, meanwhile, told the Texas Observer that she does not "feel the need to pass legislation or vote for legislation that prohibits two adults who love each other to be able to be joined in a civil union or marriage."

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Greg Abbott made his first veto as governor on Monday, striking a House concurrent resolution that he said in his proclamation “purports to direct the actions of state agencies in the manner of a law.”

Indeed, the operative section of HCR 84, written in honor of National Mental Health Month, changed significantly from the introduced version to the version passed out of committee, which drew in language directing state licensure boards to use specific diagnostic classification systems “for evaluation, classification, treatment, and other activities by their licensees and in connection with any claim for payment or reimbursement.”

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GOP presidential candidate Marco Rubio will be in Dallas next week for a birthday breakfast fundraiser.

The May 28 event at the Crescent Club has the names of several prominent GOP donors attached, including George Seay, Tom Hicks and Bob Rowling.

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The Texas State University System announced on Thursday that it is buying O. Henry Hall in downtown Austin from the University of Texas System.

In a statement, it was explained that Texas State would purchase the 134-year-old building and then lease it back to the UT System while construction continues on its new headquarters. That project is expected to be complete in 2017.

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Texas Land Commissioner George P. Bush announced this week the single largest donation of historic maps to the General Land Office Archives.

The five historic maps come courtesy of Texana Foundation founder Jefferson Morgenthaler, according to a GLO press release.

The collection includes an 1804 map made by Alexander von Humboldt, described by the GLO as “one of the most influential maps of Mexico, Texas, and the Southwest.”

Another highlight is an 1817 map by Aaron Arrowsmith of Mexico that portrays Texas as part of San Luis Potosi.

Two others from the 1840s portray the Republic of Texas, while the last from 1851 depicts Texas, Mexico and California at the height of the California Gold Rush.

Inside Intelligence: About Those Secret Cameras...

For this week’s nonscientific survey of insiders in government and politics, we asked whether the secret camera project being conducted by a nonprofit sympathetic to conservatives spotlights the kinds of failings in public officials that most deserve scrutiny.

The insiders took two main approaches to the question. One in three said the biggest failing in a public official is misbehavior done while conducting official business or, as we put it, "on the clock." Another one in three said misbehavior "on the clock" and misbehavior while done on personal time, or "off the clock," is equally bad.

Just 4 percent said misbehavior "off the clock" was the biggest failing while about one in four said, "it depends."

We then asked which chamber has the upper hand as the session enters its final days. Almost three in five said the House is winning while one in six had the two tied on their scorecard. One in ten said the Senate is ahead.

For our final two questions, we revisited a topic first explored at the end of the previous legislative session: Who has the upper hand, the Tea Party or moderate Republicans?

Nearly half the insiders said the Tea Party's influence is stronger than two years ago. Another 27 percent said the group is weaker and 23 percent didn't think its influence has changed.

The insiders, though, were completely split on the moderates' influence. Thirty-two percent thought the moderates are in a stronger position and an identical percentage thought the moderates are in a weaker position. Another 33 percent saw no change in the moderates' influence.

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

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Here's a question prompted by the folks with secret cameras lurking at the Capitol: What's worse?

• "Times have changed. Public officials have always been considered to be pubic property, it's just that the technology of today coupled with the disappearance of the media's unseen rule about not going after pubic officials has created an environment that is without boundaries or rules. What you get is what we see."

• "Why is it legal to video/record someone without them being made aware? What public policy good comes from legal entrapment?"

• "It is easy to take statements out of context to create a questionable narrative. Any snapshot in time placed in a different scenario can appear far more extreme than in the original circumstances. I regularly asked my kid who was always 'telling on the teacher' — 'what happened just before that?'"

• "If it doesn't relate to or affect their legislative work, then it ain't nobody's business but their own. If it does, then it doesn't matter when it occurs — string 'em up. Either way, the camera dorks need a ride out to West Texas."

• "See Warren Burger definition of obscenity. And Jimmy Swaggart's definition of 'comeuppance.'"

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Who’s winning right now?

• "I don't know who's winning but local control and trust in the electorate are losing."

• "By the end of the veto period, they'll all be claiming victory and fellowship. Outwardly. Inwardly, they'll still be seething."

• "The House had this deal sealed when they re-elected Joe Straus the Speaker of the House. Speaker Straus assured that win a little more when he appointed Dennis Bonnen the Chair of Ways & Means."

• "Patrick's partisan power vs. House stakeholder populism."

• "Senate always wins."

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How does the influence of the Tea Party wing of the GOP in the Legislature compare to two years ago?

• "More of them theoretically, but influence waning. They help decide elections but like the proverbial dog that catches the car, don't quite know how to govern and often come off looking bizarre or out of the mainstream."

• "Lots of members still cater to them, but I don't see that they've necessarily increased their power. They still play at the fringes."

• "No change (maybe weaker) in the House, but much stronger in the Senate."

• "There SHOULD HAVE BEEN a more conservative Senate, but Patrick's chairman appointments negated any potential for a more conservative Senate."

• "When Ron Simmons gets attacked and stands his ground, they are losing."

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How does the influence of the moderate wing of the GOP in the Legislature compare to two years ago?

• "Texas' GOP 'moderates' would be considered hard core conservatives in other states. It's not like our alleged moderates are cut from the same cloth as Massachusetts Republicans."

• "Moderate is the ubiquitous pejorative adjective used by the paid minions of billionaire libertarians toward all those who won't kowtow to them. Call them what they are: Conservative REPUBLICANS."

• "'Moderate wing' really just means the members who actually have a say in running the state. Legislation is built on compromise. The same leaders generally emerge."

• "The more people in the Legislature change, the more things stay the same."

• "The Cardinals are ruling in the House."

Our thanks to this week's participants: Gene Acuna, Cathie Adams, Clyde Alexander, George Allen, Jay Arnold, James Bernsen, Andrew Biar, Allen Blakemore, Tom Blanton, Chris Britton, Raif Calvert, Snapper Carr, Corbin Casteel, Elna Christopher, Harold Cook, Kevin Cooper, Randy Cubriel, Denise Davis, June Deadrick, Holly DeShields, Tom Duffy, David Dunn, Jack Erskine, Jon Fisher, Tom Forbes, Neftali Garcia, Dominic Giarratani, Bruce Gibson, Scott Gilmore, Eric Glenn, Jim Grace, Jack Gullahorn, Wayne Hamilton, Bill Hammond, John Heasley, Ken Hodges, Steve Holzheauser, Deborah Ingersoll, Mark Jones, Walt Jordan, Russ Keane, Robert Kepple, Richard Khouri, Tom Kleinworth, Sandy Kress, Dale Laine, Nick Lampson, Pete Laney, Dick Lavine, James LeBas, Luke Legate, Leslie Lemon, Ruben Longoria, Vilma Luna, Matt Mackowiak, Jason McElvaney, Mike McKinney, Steve Minick, Mike Moses, Steve Murdock, Keats Norfleet, Todd Olsen, Gardner Pate, Robert Peeler, Wayne Pierce, Allen Place, Gary Polland, Jay Pritchard, Ted Melina Raab, Patrick Reinhart, David Reynolds, Carl Richie, Grant Ruckel, Tyler Ruud, Jason Sabo, Jim Sartwelle, Barbara Schlief, Stan Schlueter, Bruce Scott, Robert Scott, Steve Scurlock, Ben Sebree, Christopher Shields, Nancy Sims, Ed Small, Martha Smiley, Mark Smith, Larry Soward, Leonard Spearman, Dennis Speight, Tom Spilman, Colin Strother, Tom Suehs, Sherry Sylvester, Sara Tays, Trey Trainor, Vicki Truitt, Corbin Van Arsdale, Ware Wendell, David White, Darren Whitehurst, Woody Widrow, Seth Winick, Peck Young, Angelo Zottarelli.

The Calendar

Friday, May 22

  • Last day for House to consider local House bills
  • First day that Senate can consider bills and resolutions the first day they are posted on the Intent Calendar

Saturday, May 23

  • House and Senate hold memorial ceremony for families of fallen soldiers; Texas House chamber, 1100 Congress Ave., Austin (11 a.m.)

Monday, May 25

  • Memorial Day

Tuesday, May 26

  • Last day for House to take preliminary floor action on Senate bills

Wednesday, May 27

  • Last day for House to consider local and consent Senate Bills
  • Last day for House to take final floor action on Senate bills and resolutions
  • Last day for Senate to consider all bills and resolutions

Thursday, May 28

  • Republican presidential candidate Marco Rubio birthday breakfast fundraiser; 200 Crescent Court, 17th Floor, Dallas (8-10 a.m.)
 

The Week in the Rearview Mirror

Budget conferees for the House and Senate wrapped up their work on Thursday night following approval earlier in the day by House Ways and Means on a compromise approach to extend property tax relief via an expanded residential homestead exemption.

News emerged Thursday that four large donors to the American Phoenix Foundation, which has been secretly recording Texas lawmakers, are well-known backers of conservative causes.

The House on Thursday overwhelmingly gave initial approval to legislation, commonly called the Pastor Protection Act, which aims to clarify a clergy member's right to refuse to conduct a marriage that violates his or her beliefs.

A major piece of border security legislation cleared another hurdle in the Texas Legislature on Tuesday, prompting lawmakers to predict that a compromise between the House and Senate will be hashed out before the session ends June 1.

A far-reaching proposal to restrict the mechanism used by minors seeking abortions without parental consent, known as a judicial bypass, was close to being heard on the Senate floor after being passed out of committee on Wednesday.

A deadly shootout between biker gangs in Waco on Sunday renewed scrutiny on their activities in Texas, but it did not dissuade lawmakers from pushing ahead this week on legislation allowing properly permitted gun owners to openly carry handguns.

Political People and their Moves

Iris Moore of Fort Worth was named to the State Preservation Board by Gov. Greg Abbott for a term to expire on Feb. 1, 2017.

Martha Leigh Whitten, George W. Russell, Joseph M. “Joe” Crane and Charles Barton “Bart” Johnson were named by Abbott to the Lower Colorado River Authority's board of directors. In addition, Lori A. Berger was reappointed to the board. All serve terms to expire Feb. 1, 2021.

Former Texas Gov. Rick Perry has set aside June 4 for a "special announcement" in Dallas, where he is expected to announce a second presidential run.

State Rep. Allen Fletcher, R-Cypress, has decided not to run for Harris County sheriff. He’ll run for Precinct 4 constable, instead. He originally announced his intent to seek out the sheriff's position earlier this month in the immediate aftermath of Adrian Garcia's resignation to run for Houston mayor. Fletcher has represented House District 130 since 2009.

Former state Rep. Philip Cortez has announced that he will run again for the Bexar County-based House District 117, which he lost in 2014 to Republican Rick Galindo.

Annie's List, which works to elect more Democratic women in Texas, has thrown its support behind former state Sen. Leticia Van de Putte, who squares off against the incumbent Ivy Taylor in the San Antonio mayoral runoff. Early voting in the June 13 runoff begins June 1.

Disclosure: The Lower Colorado River Authority is a corporate sponsor of The Texas Tribune. A complete list of Tribune donors and sponsors can be viewed here.

Quotes of the Week

How about our constitutional right to watch Sunday night football or our constitutional right to love the San Antonio Spurs?

State Rep. Roland Gutierrez, D-San Antonio, questioning an amendment to the constitution protecting Texans' right to hunt and fish

I’ve been down here when times were tough and we had some really, really painful cost reductions. This is a much nicer problem to have.

Senate Finance Chairwoman Jane Nelson, R-Flower Mound, comparing this legislative session's relatively flush revenue situation with past budget cycles

It’s like the Wild West. These guys become very violent to each other very quickly over nothing.

McLennan County Sheriff Parnell McNamara, on the deadly shootout among biker gangs in Waco this week precipitated by a dispute over a restaurant parking spot

I don’t feel the need to pass legislation or vote for legislation that prohibits two adults who love each other to be able to be joined in a civil union or marriage. It does not affect my marriage.

State Rep. Sarah Davis, R-West University Place, one of five House Republicans not to sign an anti-gay marriage letter last week