In the Senate, they drew their lots to see who would have to run again in 2024.
It was the luck of the draw for Texas senators on Wednesday as they drew lots to decide which half of them would get two-year terms and which would get four-year terms.
The practice is outlined in Article 3, Section 3, of the Texas Constitution, which calls for “Senators elected after each apportionment [redistricting]” to be divided into two classes: one that will serve a four-year term and the other to serve a two-year term. That keeps Senate district elections staggered every two years. After that, senators serve four-year terms for the rest of the decade.
On Wednesday, each of the chamber’s 31 lawmakers walked to the front of the chamber and drew lots by picking an envelope that held a pill-shaped capsule. Inside the capsules were numbers: Even numbers meant two-year terms, and odd were for four-year terms.
“I’m sure each and every one of you are happy with what you drew, right?” Lt. Gov. Dan Patrick joked.
Sixteen senators had Lady Fortune on their side and drew four-year terms, and fifteen unlucky souls will have to run for reelection in two years.
All eyes were on Sen. John Whitmire, a longtime Democrat who has announced plans to leave the chamber to run for Houston mayor after the session, and Judith Zaffirini, a Laredo Democrat who is second in seniority to Whitmire.
Whitmire drew a two-year term, and Zaffirni drew a four-year term.
Three freshmen senators drew two-year terms, including Democrat Morgan LaMantia of South Padre Island, who was in the tightest race in the Senate last year. The two other freshmen, Republicans Kevin Sparks of Midland and Mayes Middleton of Galveston, both drew four-year terms.
After the 2012 election, the main question was whether then-Sen. Wendy Davis, who won a tough race in a district carried by Mitt Romney, would have to run again in 2014. She drew a short straw, and I think that contributed to her decision to run for Governor. Of course, we were in a time and of a political makeup in which Dems were getting creamed in non-Presidential years. That changed quite dramatically in 2018, when Dems won back Davis’ old seat and picked up another Senate seat as well. Sen. LaMantia had a tough race in 2022, and at this time I have no idea if it’s better for her to run in 2024 or not. We’ll just have to see.
As for Whitmire, what this means is that if he’s elected Mayor this year, things will be messy in SD15 the next year. There would be both a primary and a special election to replace and succeed him, much as there was in HD147 this past year. You could have the primary winner, who would get to serve a four-year term after winning in November of 2024, and the special election winner, who would serve out the remainder of 2024, be two different people. One person could face five elections total in 2024, if the primary and the special both go to runoffs; this would happen for someone who wins the primary in a runoff and makes it to the runoff (win or lose) in the special. Did I mention that the primary runoff and the special election would take both place in May, but on different dates, again as it was in HD147? Speaking as a resident of SD15, I’m already exhausted by this possibility, which may not even happen. May God have mercy on our souls.
Anyway. The Houston-area Senators who will be on the ballot in 2024 are Carol Alvarado (SD06), Paul Bettencourt (SD07), John Whitmire (SD15), and Joan Huffman (SD17). The ones who get to wait until 2026 are Brandon Creighton (SD04), Mayes Middleton (SD11), Borris Miles (SD13), and Lois Kolkhorst (SD18).
Meanwhile, over in the House…
Texas House leadership on Wednesday shut down a long-building push to ban Democratic committee chairs, deploying procedural legislative maneuvers to defeat multiple proposals on the issue.
The chamber also approved new punishments for members who break quorum, like most House Democrats did two years ago in protest of GOP-backed voting restrictions. Those members left for Washington, D.C., for weeks to stop the House from being able to do business in an effort to prevent passage of the bill. Under the new rules, quorum-breakers can now be subject to daily fines and even expulsion from the chamber.
The chamber passed the overall rules package by a vote of 123-19, with Democrats making up most of the opposition.
Going into the rules debate, most attention was on the subject of committee chairs, who have the power to advance legislation or block it from being taken up by the full House. For months, a small but vocal minority of House Republicans have been calling for the end of the chamber’s longtime tradition of having committee chairs from both parties. But Speaker Dade Phelan, R-Beaumont, and his allies moved successfully Wednesday to prevent the matter from even getting to a vote on the floor.
They did it by passing a “housekeeping resolution” earlier in the day that included a new section codifying a constitutional ban on using House resources for political purposes. That resolution passed overwhelmingly with little debate or fanfare. Rep. Charlie Geren, R-Fort Worth, then cited the new provision to call points of order — procedural challenges — on two amendments proposed by Rep. Bryan Slaton, R-Royse City, to restrict Democratic committee chairs. Phelan ruled in favor of Geren both times.
“The amendment would require the speaker to use public resources, including staff time and government facilities, on behalf of one political instrumentality,” Phelan said the first time. “This obviously would require the speaker to violate the Housekeeping Resolution.”
It was a relatively anticlimactic end to the fight over Democratic committee chairs, which were a major issue in House primaries earlier this year, a rallying cry for conservative activists and a recurring theme in speeches as the legislative session kicked off Tuesday. After the House reelected Phelan by a nearly unanimous vote, he cautioned freshmen to “please do not confuse this body with the one in Washington, D.C.”
“After watching Congress attempt to function last week, I cannot imagine why some want Texas to be like D.C,” Phelan said.
Committee appointments are expected to be made in the next couple of weeks. Phelan has said he will appoint roughly the same proportion of Democratic chairs as last session, but it remains to be seen whether they’ll be appointed to lead any powerful or coveted committees.
The amendment about sanctions for quorum-busting drew more No votes, almost entirely from Dems. Honestly, I have no problem with what was passed. It’s perfectly appropriate for the chamber to have sanctions for that kind of action, and it’s not that different, at least to my mind, than what was passed after the 2003 walkout. New rules get adopted each session, this can always be revisited in the future. TPR has more.