Democratic state Rep. Harold Dutton on Friday revived and helped advance a bill that would restrict transgender students from participating in school sports, in what appears to be a retaliatory effort directed at members of his own party for sinking one of his bills.
Senate Bill 29, abhorred by fellow Democrats, would require the University Interscholastic League to force students to play on the sports teams based on their biological sex instead of their gender identity.
The bill, which already passed in the Senate, is a priority of Republican Lt. Gov. Dan Patrick. Dutton, who chairs the House Public Education committee, brought the legislation up for a committee vote on Tuesday, where it failed to advance, in large part, because Republican state Rep. Dan Huberty was absent that day and because Dutton himself abstained from voting for or against the bill.
On Thursday night, Dutton, who is from Houston, presented his own bill to the House floor that would give Texas Education Commissioner Michael Morath the ability to take over a district that fails to meet various academic standards and remove school board members. The bill is largely in response to a current legal battle between the Texas Education Agency and Houston ISD after the agency attempted to take over the district in 2019, but was blocked from moving forward by a temporary injunction that’s been upheld by the state’s Third Court of Appeals. Dutton’s alma mater in Houston ISD, Wheatley High School, has received an F rating for multiple years.
That bill, which is largely unpopular among Democrats, was blocked from being voted on after a fellow Houston Democrat Rep. Alma Allen sank it on a procedural technicality. Dutton and Allen sparred over the bill’s intent on the House floor with Allen arguing the bill would provide the TEA with too much latitude to take over an independent school district without providing any recourse for a district.
“When the school goes down, the community goes down and the developers move in,” she said as Dutton repeatedly rejected her assessment. “That’s the long effect of this bill passing.”
Dutton made several references to his bill’s failure on Friday morning in the House Public Education committee as he brought the transgender student athlete bill up for another vote.
“The bill that was killed last night affected far more children than this bill ever will. So as a consequence, the chair moves that Senate Bill 29 as substituted be reported favorably to the full House with the recommendation that it do pass,” he said.
He and Huberty, who is vice chair of the committee, then joined with the previous yes votes, giving SB 29 an 8-5 majority and advancing it out of committee. The bill must still be approved by the House before it can be sent to Gov. Greg Abbott for his signature.
See here for the previous update about HB29, and here for Dutton’s TEA takeover bill. “Petty” and “vindictive” are the words that come to my mind about this; I’m sure others can think of more. I hadn’t even considered this scenario as a possible route to this bill getting revived, but here we are. That doesn’t mean it will pass – it still has to come to the House floor, and if Speaker Dade Phelan is true to his earlier words about not wanting to bash LGBTQ+ people anymore, then it can get lost on its way to the Calendars committee. We’ll see about that. In the meantime, let’s start gathering support for the next primary challenge to Dutton, hopefully without any ghost candidates this time. The Chron and the Texas Signal have more.