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Matt Krause

The next bathroom bill

You can see it coming from here.

The Texas House LGBTQ Caucus is counting on Democrats flipping the Republican-held House to keep another possible ‘bathroom bill’ off the table during the 2021 legislative session.

Texas Republicans last week rallied around a child custody case of a Dallas 7-year-old whose mother says is transgender, pledging to intervene against children’s gender transition. Members of the caucus, who fought the controversial “Chick-fil-A bill”, said flipping the House will be key to winning the brewing battle over the care of transgender children.

“The only way we’re going to avoid that is by flipping the House,” Rep. Celia Israel, D-Austin, said at a caucus town hall at the University of Texas LBJ School of Public Affairs. “We are nine seats away from controlling the flow of legislation in the House so that we don’t feed that beast anymore.”

[…]

Rep. Julie Johnson, a freshman Dallas Democrat, said the government has no right to intervene in the “personal decision” for children to transition. The child lives in Johnson’s district.

She agreed that winning the House is the best strategy to combat bills such as the one promised by Rep. Matt Krause to ban puberty blockers for children to transition. Johnson noted that the Fort Worth Republican also authored the “Chick-fil-A bill” banning governments from taking “adverse action” against someone based on affiliation to a religious organization.

LGBTQ advocates say the law, which gained traction after San Antonio’s city council booted Chick-fil-A from its airport for its donations to Christian organizations that oppose expanding LGBTQ rights, gives a license to discriminate.

“He’s going to be filing those bills, so hopefully if Democrats are in charge those bills won’t get a hearing,” Johnson said.

See here for the background. I agree with Reps. Israel and Johnson, and I daresay Republicans also believe that whether a bill targeting trans kids gets a House hearing or not depends very much on which party has a majority. There’s not really anything else to say at this time, so let me encourage you to read this Twitter thread, and reflect on the fact that Greg Abbott et al would consider that man to be an abusive parent.

Time to investigate

So, hey, that conversation we now know Dennis Bonnen had with MQS? The subject of that conversation, which involved a quid-pro-quo access-for-political-activity proposal, may be a violation of house rules. So, the relevant committee will have a look-see to check that out.

Found on the Twitters

The powerful Texas House General Investigating Committee is set to launch an investigation into allegations that Speaker Dennis Bonnen offered a hardline conservative organization media credentials if it politically targeted certain Republican members in the lower chamber.

“Last night, I initiated internal discussion with General Investigating staff about procedure with the intention of launching an investigation. Our committee will be posting notice today of a public hearing which will take place on Monday, August 12,” state Rep. Morgan Meyer, a Dallas Republican who chairs the committee, said in a letter dated Wednesday.

He was writing to state Rep. Nicole Collier, a Fort Worth Democrat who serves as vice chair. Earlier Wednesday, Collier wrote to Meyer requesting he “launch an immediate full investigation” into “whether not there has been a violation of any policy or rules that the committee is charged with overseeing.”

Collier specifically asked for an investigation into “the allegations relating to media credentials, as well as the circumstances and events surrounding a June 12, 2019 meeting, including any and all correspondence, statements and/or recordings related thereto.”

[…]

The General Investigating Committee, comprised of five House members, has sweeping jurisdiction and holds subpoena power. A person who disobeys a subpoena by the committee may be cited for contempt or prosecuted for contempt, according to House rules, which were adopted at the beginning of the 86th legislative session in January. The committee can also meet at any time or place and has the jurisdiction to enter into a closed-door meeting if deemed necessary.

Since Sullivan revealed he had recorded the meeting, Bonnen, along with a number of Republicans and Democrats, have called for the audio to be released. Sullivan hasn’t yet indicated when — or if — he will.

State Rep. Chris Turner, a Grand Prairie Democrat who chairs his party’s caucus, said in a statement Wednesday that Collier “is right to make this call and has my full support in this effort.” He added that the committee should take up the allegations because “there are simply too many rumors about what was said or not said in this meeting for anyone who has not heard the recording to have confidence they have the truth.”

Earlier Wednesday, a member of the committee, state Rep. Matt Krause, R-Fort Worth, said on Facebook that, since there was a chance the allegations could come before the panel, it wouldn’t be appropriate to comment. He did, though, offer general thoughts on how he thinks the process should play out.

“We should not rush to judgment but we should not drag our feet either,” Krause said. “We should not condemn anyone arbitrarily but also must not be scared to move forward if we find evidence of wrongdoing.”

On Wednesday evening, as news of the House committee investigation spread, more people were listening to Sullivan’s recording and went public with details about it.

See here for the background. It looks like everyone agrees that the actual recording should be released, which sure seems like the logical thing to do. Whether MQS and his ego will go along with it, that’s another question. I won’t be surprised if he comes up with some weird legal pretext to decline to cooperate, in which case we’ll likely wind up in court. But maybe I’m wrong, and he thinks it’s to his advantage to play along. We’ll start to get some answers on Monday. Trail Blazers has more.

Undead “religious liberty” bill passes House

This is why people caution that no bill is truly dead at the Lege until sine die.

Over the tearful opposition of the Legislature’s first-ever LGBTQ Caucus and several failed attempts at a procedural block, the Texas House passed a religious liberty bill Monday that LGBTQ advocates fear would license discrimination against their communities.

When the lower chamber first considered the bill just over a week ago, the LGBTQ Caucus torpedoed it with a procedural move. This time, an attempt to do the same failed, as did emotional exhortations from the five women who make up the caucus.

After two hours of debate, Senate Bill 1978 — which prohibits government entities from punishing individuals or organizations for their “membership in, affiliation with, or contribution … to a religious organization” — passed on a nearly party-line preliminary vote, 79-62. If the House grants formal approval and the Senate agrees to a change made on the lower chamber’s floor Monday, the bill will head to the governor.

“This bill is going to pass; let’s face it,” state Rep. Celia Israel, D-Austin, said from the front of the chamber minutes before her colleagues cast their votes. “It’s been cloaked in religious freedom, but the genesis, the nexus of this bill, is in hatred.”

When the bill was first filed, it contained sweeping religious refusals language that had the potential to gut the few existing protections for gay communities, hailing from a national sweep of anti-LGBTQ model legislation. As it’s made its way through the Legislature, the bill has been progressively stripped of its most controversial provisions, leaving a version that largely codifies existing legal protections: freedom of religion and freedom of association.

On Monday, House sponsor Rep. Matt Krause, R-Fort Worth, weakened the measure further, removing a provision that would have empowered the Texas attorney general to bring lawsuits against governmental entities accused of religious discrimination.

Krause said removing the provision was a show of “good faith,” as it had proved a “big sticking point” with opponents of the bill. Given the changes he described as efforts to compromise, Krause said he was surprised at the level of opposition to the measure.

“Look at the language in this bill,” Krause said. “There is nothing discriminatory in the language. … There is nothing discriminatory in the intent.”

But despite the revisions, the bill “perpetuates the rhetoric that leads to discrimination, to hate and ultimately bullying that leads to the consequence of people dying,” said state Rep. Mary González, D-Clint, who chairs the LGBTQ Caucus.

[…]

Proponents have said it is necessary to reaffirm protections based on religion, citing incidents like the San Antonio City Council’s decision earlier this year to prohibit Chick-fil-A from opening in the city’s airport, with one council member citing the franchise’s “anti-LGBTQ behavior.” Some supporters of the bill labeled it the “Save Chick-fil-A Bill.” Krause said no business should be discriminated against based on its donations to religious organizations.

See here and here for the background. I have three things to say.

1. In any dispute between a class of people who have been historically discriminated against and are still today discriminated against and a class of people who have not been historically discriminated against over whether or not a particular thing promotes discrimination, I’m going to tend to take the word of the class of people who have been discriminated against, as they have a much clearer perspective on what it means to be discriminated against. You would think this would be common sense, but you would be greatly disappointed if you did.

2. What does it say about our state, and the political party that runs our state, that we will gladly pass a bill to protect a multimillion dollar business from being discriminated against, but we refuse to even consider passing a bill to protect a large class of people who have been historically discriminated against from being discriminated against?

3. Just a reminder that Westboro Baptist Church and the World Church of the Creator both count as “religious organizations”.

I’ll say it again, the solution here is a political one. The legislators who voted for this bill need to be voted out and replaced by people who would vote against anything like it. Our next chance to do that is in 2020. The Chron has more.

“What is dead may never die”, bad bills edition

That nasty anti-LGBT bill that was killed in the House has been revived in the Senate.

After LGBTQ lawmakers in the Texas House killed a religious liberty bill they feared could be dangerous to their community, the Texas Senate has brought it back — and looks to be fast-tracking it.

House Bill 3172, by state Rep. Matt Krause, R-Fort Worth, effectively died on Thursday after members of the lower chamber’s first-ever LGBTQ Caucus torpedoed it with a pair of procedural ploys. On Monday, a companion bill filed in the Senate by Sen. Bryan Hughes, R-Mineola, moved for the first time in weeks: After being unexpectedly added to an afternoon committee docket, it was swiftly voted out of the panel on a party-line vote.

Within the hour, the bill was placed on the Senate’s agenda, making it eligible for a vote later this week.

As filed, the Senate bill prevents the government from taking “adverse action” against individuals for acting in accordance with their own “sincerely held religious belief or moral conviction, including beliefs or convictions regarding marriage.” Advocates fear that would embolden businesses to decline service to members of the LGBTQ community.

[…]

Five Republicans on the committee voted for the bill and Sen. Judith Zaffirini, D-Laredo, voted against it.

If the bill is to proceed, it will have to maintain its current blistering pace: Next Tuesday is the deadline for the House to approve Senate bills. Before it reaches the House floor, the measure would need to win approval from the full Senate, be referred by the House speaker to a committee, get scheduled for a hearing and earn a positive vote from a House committee.

Advocates have long feared that floor debate on the bill in the socially conservative Texas Senate could result in a slew of anti-LGBTQ amendments. In a one-page handout issued to Texas House members last week in anticipation of floor debate, the advocacy group Equality Texas warned that if the measure came up for debate, it could spark a “‘bathroom bill’ style floor fight.”

The Texas Senate has already passed a different religious refusals bill. Senate Bill 17, which advocates call a “license to discriminate,” would allow occupational license holders like social workers or lawyers to cite “sincerely held religious beliefs” when their licenses are at risk due to professional behavior or speech. Advocates say the Hughes bill moving this week — at least in its original form — contains all that language and more troubling provisions.

See here for the background. The Hughes bill is SB1978. The House bill had been amended to water it down somewhat; the Hughes bill is what that bill was originally, but Sen. Hughes says he wants to amend it in the same fashion. Even if that made the bill all right, the concern as noted in the story is that amendments proposed by individual legislators could wind up making it much worse, which is why the best course of action is for it to not come to a vote. The good news there is that time is short, but you can be sure Dan Patrick will do his best to move it along. Now is a good time to call your Senator and let them know they need to oppose SB1978. The DMN has more.

Score one for the Texas House LGBTQ Caucus

Nice.

Rep. Julie Johnson

Hours before a key deadline, Rep. Julie Johnson used a legislative maneuver known as a “point of order” to bump [a bill that LGBT rights advocates said would have perpetuated anti-gay discrimination] from the debate calendar. It’s now effectively dead, unless conservative lawmakers can find a way to resurrect it before a critical legislative deadline at midnight Thursday.

Johnson, D-Carrollton, said it was “an honor to be fighting this fight” and torpedo what she called “a very hurtful piece of legislation.”

“Hopefully this is the day discrimination against the LGBT community dies in the Texas House,” Johnson said. “I feel great. …I’m going to go celebrate.”

House Bill 3172 has alternately been called the “Save Chick-fil-A” and “most extreme anti-LGBT” legislation this year. Authored by Fort Worth GOP Rep. Matt Krause, it would have prohibited the government from taking any “adverse action” against someone for their “membership in, affiliation with, or contribution, donation or other support” to a religious organization.

The bill’s supporters said it would have helped avoid the situation faced by fast food chain Chick-fil-A, which was boycotted and booted from San Antonio’s airport for making donations to Christian organizations that oppose expanded LGBT rights. But lesbian, gay, bisexual and transgender advocates said the legislation would have given Texans a license to discriminate against people based on their gender identity or sexual orientation.

[…]

Johnson said she and her colleagues in the newly-formed Texas House LGBTQ Caucus worked hard to formulate different ways to kill the bill once they realized it had a good chance of being debated by Thursday, the deadline for representatives to pass House bills and resolutions.

First, she offered a point of order arguing the amended bill improperly expanded its scope. That was shot down. Then, Johnson said an analysis of the bill’s effects was inaccurate. That point of order was valid, parliamentarians said, as a handful of lawmakers cheered the bill’s demise.

Johnson said while she brought the successful point of order, killing the bill was a “group effort.”

“It was an honor to be chosen to be the messenger,” Johnson said. “The LGBTQ Caucus is in the House. We’re getting things done and we’re here to stay.”

This bill was high on the list of threats to the LGBTQ community. Killing it would be a big win. Nothing is truly dead until sine die, and bill author Rep. Matt Krause has said he will try to get this attached to something in the Senate, but knocking it off the calendar is a big help. Well done, y’all. The Trib has more.

There’s only one solution to the anti-vax crisis

They have to be beaten at the ballot box. There’s no other way.

On the South steps of the Texas Capitol, state Rep. Briscoe Cain prayed that the children standing beside him would not be mocked for their parents’ decision not to vaccinate them.

“We ask that you strengthen these children … we ask that you shield them,” said Cain, R-Deer Park. “May government leaders never forget that parents know what is best for their children.”

On Thursday, more than 300 anti-vaccination advocates and their children rallied with Texans for Vaccine Choice to support bills filed by a handful of state lawmakers that would require doctors to provide families with both the “benefits and risks of immunization,” and make it easier to opt out.

“I walk these halls and I see … the fun they are poking at our children and our families, and it angers me,” said the group’s president, Jackie Schlegel, who said her daughter is disabled due to complications from a vaccine. “The time is now to stand up, to be here for your families, to be here for your children, the ones who do not have a voice.”

Statewide data shows a steady rise in children whose parents have claimed conscientious exemptions from vaccine requirements. In 2018, 76,665 individuals requested affidavits for the exemption, an 18.8-percent increase over 2017, and a 63.8-percent increase since 2014, according to the Texas Department of State Health Services.

As the movement grows, Texas has seen a series of outbreaks of infectious diseases that were thought to have been virtually eliminated in the U.S.

You can see what we’re up against. Measles are back, someone was walking around the Capitol with whooping cough, idiots are deliberately exposing their own children to chicken pox, it goes on and on. Reason, civic duty, compassion for the immunocompromised, nothing moves these people. The one thing we can do is throw the legislators who coddle them out of office. Diminish their power, and the rest takes care of itself. So, just as a reminder:

Jonathan Stickland, HD92, won in 2018 by a 49.8% to 47.4% margin, in a district where Beto O’Rourke got 48.3% of the vote.

Matt Krause, HD93, won in 2018 by a 53.9% to 46.1% margin, in a district where Beto O’Rourke got 48.2% of the vote.

Bill Zedler, HD96, won in 2018 by a 50.8% to 47.2% margin, in a district where Beto O’Rourke got 49.5% of the vote.

I wish I could make a case for Briscoe Cain’s vulnerability, but alas, he’s in one of the two most Republican districts in Harris County. Still, take those three out and you’ve really weakened the anti-vax core. You want to see fewer kids get easily preventable diseases in Texas? There’s your starting point.

Precinct analysis: 2018 State House

Beto O’Rourke won 76 State House districts. Out of 150. Which is a majority.

Let me say that again so it can fully sink in.

BETO O’ROURKE WON 76 STATE HOUSE DISTRICTS.

Remember that after the 2016 election, Democrats held 55 State House Districts. They picked up 12 seats last year, thanks in large part to the surge that Beto brought out. But there were nine other districts that Beto carried where the Dem candidate fell short. Let’s start our review of the State Rep districts by looking at those nine.


Dist  18 Dem    Beto    Lupe Collier  Nelson   Olson McAllen
============================================================
HD26   47.6%   50.5%   43.4%   47.8%   48.9%   48.5%   44.9%
HD64   44.5%   49.8%   43.9%   46.8%   47.4%   46.5%   44.0%
HD66   49.7%   52.5%   44.1%   49.2%   50.4%   48.8%   45.7%
HD67   48.8%   52.3%   44.5%   49.2%   50.4%   48.8%   45.7%
HD108  49.9%   57.2%   46.0%   52.7%   54.2%   51.9%   46.5%
HD112  49.0%   54.4%   47.5%   51.4%   52.5%   51.7%   48.7%
HD121  44.7%   49.7%   42.0%   46.9%   48.4%   47.7%   42.4%
HD134  46.8%   60.3%   50.4%   57.9%   59.1%   57.5%   48.6%
HD138  49.9%   52.7%   46.6%   50.6%   51.5%   51.1%   47.5%

Some heartbreakingly close losses, some races where the Republican winner probably never felt imperiled, and some in between. I don’t expect HD121 (Joe Straus’ former district) to be in play next year, but the shift in HD134 is so dramatic it’s hard to see it as anything but a Democratic district that just needs a good Dem to show up and take it. 2012 candidate Ann Johnson has declared her entry into the race (I am aware of one other person who was looking at it, though I do not know what the status of that person’s intent is now), so we have that taken care of. I won’t be surprised to see other candidates start to pop up for the other districts.


Dist  18 Dem    Beto    Lupe Collier  Nelson   Olson McAllen
============================================================
HD45   51.6%   55.1%   47.9%   51.8%   52.6%   52.2%   49.3%
HD47   52.4%   54.9%   46.7%   51.7%   52.9%   51.6%   48.4%
HD52   51.7%   55.7%   48.0%   52.0%   53.3%   52.2%   49.3%
HD65   51.2%   54.1%   46.6%   50.8%   51.8%   50.6%   47.6%
HD102  52.9%   58.5%   50.1%   55.5%   56.7%   55.1%   51.3%
HD105  54.7%   58.7%   52.5%   55.5%   56.8%   56.1%   53.7%
HD113  53.5%   55.5%   49.4%   53.1%   53.9%   53.4%   51.4%
HD114  55.6%   57.1%   47.2%   54.1%   55.5%   53.4%   48.4%
HD115  56.8%   58.2%   49.9%   54.8%   56.1%   55.5%   51.2%
HD132  49.3%   51.4%   46.3%   49.5%   50.2%   50.0%   47.6%
HD135  50.8%   52.9%   47.3%   50.8%   51.6%   51.5%   48.8%
HD136  53.4%   58.1%   49.9%   54.2%   55.5%   54.2%   51.3%

These are the 12 seats that Dems flipped. I’m sure Republicans will focus on taking them back, but some will be easier than others. Honestly, barring anything unexpected, I’d make these all lean Dem at worst in 2020. Demography and the Trump factor were big factors in putting these seats in play, and that will be the case next year as well.


Dist  18 Dem    Beto    Lupe Collier  Nelson   Olson McAllen
============================================================
HD14   43.6%   48.4%   40.9%   45.3%   45.0%   44.5%   41.1%
HD23   41.4%   44.0%   39.6%   42.7%   43.5%   43.3%   41.1%
HD28   45.8%   48.1%   41.8%   45.7%   46.5%   46.4%   43.2%
HD29      NA   47.0%   41.2%   44.9%   45.7%   45.9%   42.9%
HD32      NA   47.0%   38.9%   44.9%   45.2%   45.9%   42.2%
HD43   38.9%   44.1%   37.4%   43.4%   43.3%   43.9%   42.3%
HD54   46.2%   49.0%   43.8%   46.5%   47.0%   46.8%   45.0%
HD84   39.8%   43.1%   37.4%   41.5%   41.2%   39.8%   37.7%
HD85   43.5%   44.7%   39.8%   43.2%   44.1%   44.1%   41.6%
HD89   40.5%   43.5%   37.1%   41.1%   41.7%   40.5%   38.0%
HD92   47.4%   48.3%   41.9%   45.6%   46.5%   45.8%   43.1%
HD93   46.1%   48.2%   42.1%   45.6%   46.3%   45.5%   42.9%
HD94   43.9%   47.9%   41.1%   44.9%   46.0%   45.1%   42.2%
HD96   47.2%   49.5%   43.9%   47.6%   48.1%   47.6%   45.3%
HD97   44.9%   48.6%   41.3%   45.7%   46.5%   45.4%   42.4%
HD106  41.7%   44.2%   37.1%   41.3%   42.0%   41.0%   38.1%
HD122  38.1%   43.4%   36.1%   40.5%   41.9%   41.2%   36.7%
HD126  45.2%   47.8%   42.5%   46.1%   46.7%   46.3%   43.5%
HD129  41.8%   45.2%   39.1%   43.4%   44.3%   44.2%   40.0%
HD133  41.9%   45.0%   36.6%   43.4%   44.2%   42.8%   36.3%

Here are the generally competitive districts, where Dems can look to make further inroads into the Republican majority. Well, mostly – HD23 in Galveston, formerly held by Craig Eiland, and HD43 in South Texas, held by Rep. JM Lozano, are going in the wrong direction. I wouldn’t say that Dems should give up on them, but they should not be a top priority. There are much better opportunities available.

To say the least, HD14 in Brazos County is a big surprise. Hillary Clinton got 38.1% of the vote there in 2016, but Beto came within 1100 votes of carrying it. It needs to be on the board. Rep. Todd Hunter in HD32 hasn’t had an opponent since he flipped the seat in 2010. That needs to change. HD54 is Jimmy Don Aycock’s former district, won by Rep. Brad Buckley last year. It’s been at least a light shade of purple all decade, but it’s non-traditional turf for Dems, who never felt much need to go after Aycock anyway. It’s split between Bell and Lampasas counties, and will need a big win in Bell to overcome the strong R lean of Lampasas. HD84 in Lubbock isn’t really a swing district, but Beto improved enough on Hillary’s performance there (34.8% in 2016) to put it on the horizon. The Dem who won the primary in HD29 wound up dropping out; we obviously can’t have that happen again. All of the HDs in the 90s are in Tarrant County, and they include some of the biggest anti-vaxxers in the House – Stickland (HD92), Krause (HD93), and Zedler (HD96). You want to strike a blow against measles in Texas, work for a strong Democratic performance in Tarrant County next year.


Dist  18 Dem    Beto    Lupe Collier  Nelson   Olson McAllen
============================================================
HD31  100.0%   54.5%   47.3%   53.6%   54.5%   54.3%   53.7%
HD34   61.1%   54.6%   46.5%   53.5%   53.6%   54.8%   52.2%
HD74  100.0%   55.9%   50.4%   53.9%   54.1%   55.0%   53.3%
HD117  57.4%   58.3%   50.7%   54.3%   56.3%   55.9%   53.4%

These are Dem-held districts, and they represent the best opportunities Republicans have outside of the districts they lost last year to win seats back. HD117 went red in 2014 before being won back in 2016, so at least in low-turnout situations these districts could be in danger. Maybe the 2018 numbers just mean that Greg Abbott with a kazillion dollars can do decently well in traditionally Democratic areas against a weak opponent, but this was the best Dem year in a long time, and if this is how they look in a year like that, you can imagine the possibilities. If nothing else, look for the Republicans to use the 2021 redistricting to try to squeeze Dem incumbents like these four.

The anti-vaxxers keep on coming

Eternal vigilance, and some more problematic legislators getting booted out of office, are required.

Among the new Texas proposals is an “informed consent” bill filed by state Representative Bill Zedler, an outspoken anti-vaccine member of the House Public Health Committee. Zedler drew national attention after he downplayed the resurgence of measles, which he had as a child, telling the Observer last month, “Today, with antibiotics and that kind of stuff, they’re not dying [of measles] in America.” (Hundreds of Americans died of measles each year before the disease was considered eradicated in 2000, thanks in large part to the development of a vaccine. Also, antibiotics don’t treat measles, which is a virus.)

[…]

bill filed by state Senator Bob Hall, R-Edgewood, would ban vaccines that haven’t met criteria that Hall — a retired business owner — has determined the U.S. Food and Drug Administration should be using for approval. The bill also requires the state health department to post online a “disclosure of any known injuries or diseases caused by the vaccine” and that the vaccine be “evaluated for [its] potential to: cause cancer, mutate genes, affect fertility or cause infertility, and cause autism spectrum disorder.”< The bill is “dangerous” and a “misunderstanding of how science and clinical trials work,” Lakshmanan said. Any link to autism, first proposed in a now-retracted study, has been repeatedly debunked. “The insinuation of this legislation is that vaccines are not well-tested and not safe, which is erroneous, incorrect and misleading,” she said. Hall did not respond to a request for comment.

Also of top concern for immunization advocates are proposals to make it even easier to opt out of vaccine requirements, even as “conscience” exemptions have skyrocketed in Texas from about 2,300 in 2003 to nearly 53,000 in 2017. A bill filed by House Freedom Caucus member Jonathan Stickland, R-Bedford, would allow nurses to sign off on exemption forms rather than just doctors. Another, from state Representative Tony Tinderholt, would prohibit doctors from refusing to see patients who aren’t vaccinated. And one from caucus member Matt Krause would make it easier to submit vaccine exemptions, and prevent the state health department from tracking them. Health experts say this would prevent the state from preparing for potential disease outbreaks, as well as make it impossible for families of very young or immunocompromised kids to know which communities have low vaccination rates.

See here for some background. You can find all these bills and more by going to the Texas Legislature Online page and doing a word/phrase search for “immunization”. It’s not always easy to tell with the language in these bills, but SB1813 by Sen. Jose Rodriguez, which appears to loosen requirements for pharmacists to administer vaccinations, looks good. I don’t see anything positive relating to the so-called “conscience clause” exemption, which is what allows parents to enroll unvaxxed kids in school because they don’t want to get them immunized. I don’t think we’re there yet for something like this. The best we can do this session is most likely going to be not letting anything bad get passed. Then we need to follow it up by beating as many of these anti-vax schmoes at the ballot box as we can. Make note of those names, these are the targets of interest.

Can we turn the anti-vax tide in the Lege this session?

It sure would be nice, and this needs to be the primary goal.

In Texas, children are required to have certain sets of vaccinations before they can be enrolled in public school – including the vaccine for measles.

But parents who have “reasons of conscience” for not wanting their children to be vaccinated are allowed to opt out of vaccinations, a practice that experts say is forming a dangerous trend that helped fuel the most recent measles outbreak.

Statewide, there was only one confirmed case of measles in each of 2016 and 2017. In 2018, there were nine confirmed cases of measles, authorities say.

There are seven confirmed cases so far in 2019.

The legislature does not define what constitutes a “reason of conscience,” meaning that any parent, for any reason, can decide not to immunize their children against dangerous and sometimes deadly diseases.

Close to 57,000 children in Texas went to public schools unvaccinated in 2018 for non-medical reasons, according to Allison Winnike, president and CEO of The Immunization Partnership. She said those numbers are growing year-over-year since the non-medical, “reasons of conscience” exemption went into effect almost two decades ago.

Concerns about the rise in measles cases is the fulcrum for this. Anti-vaxxers had a good session in 2017, but their advantage is more partisan than non-partisan, and a couple of their leading advocates – Reps. Bill Zedler and Jonathan Stickland – both had close wins in 2018 and will be big targets in 2020, along with others in Tarrant County.

All this is good, but so far the only vaccine-related bill I could find of any value was SB 329 by Sen. Kel Seliger would require a biennial report on any outbreaks of vaccine-preventable diseases and the number of children without vaccines under the “reasons of conscience” law, but it doesn’t change the “reasons of conscience” law itself. That’s where we need to go, and we may as well get started on it this session. And we’d better not wait, because the anti-vaxxers are actively trying to make things worse.

A bill filed in the Texas Legislature this month by Representative Matt Krause, a member of the far-right House Freedom Caucus, would make it easier for parents to request vaccine exemptions. A similar version was left pending after a House Public Health Committee hearing in 2017, but Krause’s new bill would go further, explicitly preventing the state health department from tracking the number of exemptions. Even though the exemption data doesn’t include anything that could identify individual students and is only available at the school district level, Krause and Zedler point to fears among anti-vaxxers that they will be tracked and bullied. “We’ve seen instances in California, stuff like that, where they start hunting people down,” [anti-vax Rep. Bill] Zedler said.

Public health officials say the proposal would curb their ability to identify and stop disease outbreaks, and parents of immunocompromised kids would have even less information to decide where to send their children to school.

“This is the modus operandi for anti-vaxxers in Texas: to promote exemptions, obfuscate and minimize transparency,” said Peter Hotez, a leading vaccine scientist and dean for the National School for Tropical Medicine at Baylor Medical School. “To do this in the middle of a measles outbreak in Texas is especially unconscionable.”

[…]

Krause, who is also backed by Texans for Vaccine Choice, argues that his legislation merely streamlines the process for parents who will obtain the exemptions anyway. He dismissed the many concerns raised by medical professionals last session. “They did a very good job of painting the worst-case scenario,” Krause told the Observer. “I’m not so sure those fears are founded.”

Krause acknowledged that he has already fielded concerns about his bill, in particular the clause preventing the state from tracking vaccine exemptions. He said he would be willing to scrap that language “if Texans for Vaccine Choice or some other vaccine choice groups or other folks from the medical community say that’s a bad idea.” Texans for Vaccine Choice did not respond to a request for comment.

Rep. Krause’s bill is HB1490. He won by eight points in 2018, so be sure to find a good opponent for him too. As I’ve said many times before, the anti-vaxxers are better organized and far more vocal – Rep. Gene Wu notes his recent encounter with this bunch – but I continue to believe they’re a small minority. This needs to be an issue people lose election over, because the stakes are getting higher. Vox, Mother Jones, and Daily Kos have more.

It’s bill-filing season

Here are some highlights from Day One:

  • House Bill 49, by Rep. Lyle Larson, R-San Antonio, would get rid of daylight saving time in Texas. Some lawmakers have tried to do this in past sessions.
  • House Bill 63, by Rep. Joe Moody, D-El Paso, would make it a civil offense — not a crime — to be caught with less than one ounce of marijuana. Moody’s bill was one of several filed Monday aiming to loosen marijuana laws in Texas.
  • House Bill 84, also by Moody, would repeal the section of the Texas penal code that lists “homosexual conduct” as a crime. The U.S. Supreme Court has already ruled that the section is unenforceable, but it remains on the books.
  • House Bill 222, by Rep. Matt Krause, R-Fort Worth, would prohibit Texas cities from adopting or enforcing ordinances that would require employers to offer their employees paid sick leave. San Antonio and Austin have passed paid sick leave ordinances this year. Soon after Austin passed its ordinance, state Rep. Paul Workman, R-Austin, announced that he would file legislation banning the ordinances, but Workman was defeated in Tuesday’s election.
  • House Joint Resolution 24, by Rep. Charlie Geren, R-Fort Worth, would propose a constitutional amendment requiring the state to fund at least half of the cost of funding public schools. If the amendment were approved by voters, local property tax collections would not apply to the state’s share.
  • Senate Bill 66, by Sen. Jane Nelson, R-Flower Mound, would reduce and eventually eliminate the state’s franchise tax.

My reaction, in order: Oppose, favor, favor, oppose, favor, neutral. It makes me happy that the pro-sick employees faction had to find a new lackey after their original sponsor got tossed. I’ll be following this stuff as usual as we morph into the legislative season.

Court throws out State House map

Once more, with feeling.

Parts of the Texas House map must be redrawn ahead of the 2018 elections because lawmakers intentionally discriminated against minorities in crafting several legislative districts, federal judges ruled on Thursday.

A three-judge panel in San Antonio unanimously ruled that Texas must address violations that could affect the configuration of House districts in four counties, where lawmakers diluted the strength of voters of color. In some cases, the court found mapdrawers intentionally undercut minority voting power “to ensure Anglo control” of legislative districts.

These are the nine districts the court flagged:

  • Dallas County’s HD 103, represented by Democrat Rafael Anchia, HD 104, represented by Democrat Roberto Alonzo and HD 105, represented by Republican Rodney Anderson
  • Nueces County’s HD 32, represented by Republican Todd Hunter, and HD 34, represented by Democrat Abel Herrero
  • Bell County’s HD 54, represented by Republican Scott Cosper, and HD 55, represented by Republican Hugh Shine
  • Tarrant County’s HD 90, represented by Democrat Ramon Romero, and HD 93 represented by Matt Krause.

Adjusting those boundaries could have a ripple effect on other races.

[…]

In both the congressional and state House rulings, the court ordered Attorney General Ken Paxton to signal whether the Legislature would take up redistricting to fix violations in the maps.

But so far, state leaders have signaled they have no appetite to call lawmakers back to Austin over mapmaking. Instead, Texas is looking to the U.S. Supreme Court to keep its political boundaries intact.

“The judges held that maps they themselves adopted violate the law,” Paxton said in a Thursday statement. “Needless to say, we will appeal.”

Meanwhile, the state and the parties that sued over the congressional districts are scheduled to return to court on Sept. 5 to begin redrawing the congressional map. In its Thursday ruling, the court indicated they should be prepared to also meet on Sept. 6 to consider changes to the state House map.

“Today’s ruling once again found that Texas racially gerrymandered its voting districts and used Latino voters as pawns in doing so,” said Nina Perales, vice president of litigation for the Mexican American Legal Defense and Educational Fund, who is representing plaintiffs in the case. “With the 2018 election cycle fast approaching, it’s time for Texas to stop discriminating against Latino voters and agree to a remedy that will provide equal opportunity to all.”

It was just over a week ago that the same court invalidated the Congressional map, also calling it intentionally discriminatory. Add in the voter ID ruling and you’ve got three such judgments in a span of eight days; you can also toss in the ruling on interpreters for a four-game losing streak for the state. Don’t forget the Pasadena case, too – it’s not the state, but it is another intentional-discrimination opinion. Maybe this will all add up to enough to convince Chief Justice Roberts to change his mind about the state of voting rights and the need to protect communities of color.

Or not. I wouldn’t hold my breath. Be that as it may, this ruling could have an effect on the effort by wingnuts to oust House Speaker Joe Straus. RG Ratcliffe explains.

The court found that in Nueces County, the district maps discriminated in the placement of minority voters in a way that favored the re-election of Representative Todd Hunter, a key Straus Republican ally and chairman of the House committee that sets bills for debate on the daily calendar. To make his district safe, the court said Hispanic voters were packed into the district of Representative Abel Herrero, a Democrat. Redrawing the districts won’t automatically guarantee Hunter’s defeat, but it will make it more difficult for him to win re-election.

The court also ruled that the Legislature intentionally split a minority community in Killeen to guarantee the election of two white Republicans in Districts 54 and 55, Scott Cosper of Killeen and Hugh Shine of Temple. Both have backed Straus in the past. Putting the minority community in Killeen back together probably endangers Cosper’s re-election, and may put a Democrat in that rural district. Either way, this likely is a wash in the politics of electing the next speaker.

In Dallas and Tarrant counties, the court ruling likely would help Straus win re-election. In declaring that five districts in those two counties discriminated against minorities, the most likely losers in any redrawing of the district maps will be Republican Representatives Rodney Anderson of Irving and Matt Krause of Fort Worth. Anderson was among nineteen House members who voted against Straus in one election for speaker, and Krause is a member of the Freedom Caucus, which has been trying to force a speaker vote in the caucus instead of on the House floor, where Democrats also have a say.

Anderson barely squeaked by in 2016, in a district that was ever so slightly bluer than HD107, which flipped to the Dems. He was going to be a target no matter what. The ripple effect in Dallas could be very interesting. And of course, anything that puts jerks like Krause in jeopardy is a good thing. We’ll know if and when SCOTUS intervenes if a second special session will be forthcoming. A statement from MALC is here, and Michael Li, the Chron, the DMN, Rick Hasen, the HuffPost, and the Lone Star Project have more.

Pushing the NFL Draft angle

Every angle is going to be needed, and this is one that ought to speak to some folks.

The Cowboys’ efforts to land the NFL draft and how it could be derailed by the legislative push for a bathroom bill is part of a $1 million ad buy that will begin to play on radio stations Tuesday.

The Texas Association of Business is behind the ads. The Cowboys aren’t associated with the campaign, but they are featured.

A woman describes herself as a lifelong Cowboys fan and talks about how she’s thrilled that the 2018 draft could be in North Texas. She then says the NFL could reject the club’s bid to host the festivities, costing Texas “millions of dollars in lost revenue and leaving a lot of Cowboys fans angry” if the bathroom bill passes in Texas.

The one-minute ad ends by asking fans to contact their legislators to tell them to reject the bill and bring the NFL draft to Texas. The spot, which will run on 26 stations in the Dallas area, is designed to expand the debate and spotlight potential consequences.

“The bathroom bill distracts from the real challenges we face and would result in terrible economic consequences–on sporting events, talent, on tourism, on investment, on growth, and on small businesses,” said Jeff Moseley, CEO of the Texas Association of Business. “That’s why TAB and the Keep Texas Open for Business coalition are investing heavily in radio ads in DFW and focusing on potentially losing the NFL Draft and remain steadfastly opposed to this unnecessary legislation.”

[…]

Behind the scenes, multiple sources say the Cowboys are letting lawmakers know how passage of this bill could negatively impact the franchise’s ability to book sporting and entertainment events at AT&T Stadium and The Star in Frisco. One source described the club’s lobbying efforts against the bill’s passage as “quiet and aggressive.”

The club, like so many other businesses, finds itself in a delicate position. It doesn’t want to antagonize Gov. Greg Abbott and Lt. Gov. Dan Patrick, the bill’s primary proponent, since there will be a variety of bills down the road that can aid the Cowboys and officials will seek support from the two. But the Cowboys want to get across how they believe altering existing law will impact their bottom line.

Corporations outside the state can threaten not to build or move existing projects and operations out of Texas if the bill passes. The Cowboys don’t have that sort of leverage.

What will Jones do if the bill passes? Move the franchise to Little Rock?

No. But club officials can discreetly point out that the U2 concert that recently took place at AT&T Stadium would not have found its way to Texas if this bill had been law. It can question whether the Big 12 Championship Game and other marquee college matchups and events will be staged in Arlington going forward.

There’s embedded audio of the ad in the piece linked above if you want to hear it. The NFL Draft and the Cowboys’ efforts to bring it to Dallas next year has come up before; this is just a way to bring more attention to that. Whether this campaign will affect how any member of the House votes on bathroom bills I can’t say, but I can say this: AT&T Stadium is located in Arlington, and it is represented in Austin by a total of six people: Sens. Kelly Hancock and Konni Burton, and Reps. Jonathan Stickland, Matt Krause, Tony Tinderholt, and Chris Turner. All but Turner are Republicans, and all but Turner are Yes votes on potty-related legislation. In fact, Stickland and Krause and Tinderholt are all members of the lunatic House Freedom Caucus, whose bill-killing maneuvers at the end of the regular session allowed Dan Patrick to take the sunset bills hostage and force the special session we are now enduring. So, while I greatly appreciate the Cowboys’ lobbying efforts, which no doubt carry far more weight than most, there very much is something they can do afterwards, whether one of these bills passes or not: They can put some of that weight behind an effort to get themselves better representation in the Legislature. It’s not a high bar to clear in this case. Just a reminder that the fight doesn’t end at sine die. The Chron has more.

There’s more than SB6 to watch out for

Keep an eye out for other anti-LGBT bills, because any of them might pass even if SB6 goes down.

With the media seemingly preoccupied by Lieutenant Governor Dan Patrick’s bathroom bill, three Republican state senators have quietly introduced a sweeping anti-LGBT “religious freedom” measure.

Senate Bill 651, filed last week, would bar state agencies that are responsible for regulating more than 65 licensed occupations from taking action against those who choose not to comply with professional standards due to religious objections.

Eunice Hyon Min Rho, advocacy and policy counsel for the ACLU, said SB 651 would open the door to rampant discrimination against LGBT people, women seeking reproductive health care and others. Rho said the bill could lead to doctors with religious objections refusing to perform medical procedures, teachers not reporting child abuse if they support corporal punishment, or a fundamentalist Mormon police officer declining to arrest a polygamist for taking underage brides.

“This is incredibly broadly written,” said Rho, who monitors religious freedom legislation across the country. “It’s just really alarming. There are no limitations to this bill.”

Rho said only one state, Arizona, has passed a similar law, but unlike SB 651 it includes exceptions related to health care and law enforcement. She also warned that anti-LGBT state lawmakers may be trying to use the bathroom bill as a distraction.

“I think because some of the bills are receiving more attention than others, it’s a way for them to sneak some stuff through with a little bit less fanfare,” Rho said. “This is a tactic we’ve seen in countless states.”

[…]

As of Thursday, nine anti-LGBT bills had been filed in the 2017 session, according to Equality Texas, compared to at 23 in 2015. But there were indications that additional anti-LGBT “religious freedom” proposals are coming before the March 10 filing deadline.

Take a look at that Equality Texas list, and if you’ve gotten yourself into the habit of calling your legislators, add the bad bills there to your recitations. There’s nothing subtle about any of this, but with SB6 taking up all the oxygen, there’s cover for those bills. They would allow discrimination of the Woolworth’s lunch counter kind, and they cannot be allowed to pass.

Making divorce harder

I have no idea why anyone would want to do this, but here we are.

Conservative Republican Rep. Matt Krause, R-Fort Worth, said he wants to strengthen families and reinforce the sanctity of marriage by eliminating no-fault divorces, which now allow couples to split amicably with neither legally alleging blame.

“I don’t know if we don’t take our vows as seriously as we used to, but I think getting rid of the no-fault divorce piece of this may make folks concentrate on this a little harder before they enter into that relationship, or stick it out to where they can restore that relationship and the tough times in marriage,” he said.

Krause, who has been married for 14 years, said he wants modern culture to better value the importance of family to ensure a healthy society, and said stable families will result in better outcomes for children.

Under a bill he plans to push in the 2017 legislative session, the state would strike “insupportability” as grounds for divorce. A couple who wants to dissolve their marriage peacefully will have to live separately for three years before filing for divorce. Those opposed to waiting would have to accuse their partners of cruelty or adultery, or allege their partner abandoned them after a year living apart. Other grounds include conviction of a felony or confinement in a mental hospital.

“That’s a terrible idea,” [Cindy Diggs, of Holmes Diggs Eames & Sadler, a Houston law firm that concentrates on divorce and family law,] said.

Doing away with no-fault divorces will enrich divorce lawyers because clients will pay more in fees to come up with reasons to legally justify splitting from their spouse, she said.

“He’s forcing the fight,” she said of Krause’s bill. “Even as a divorce lawyer, I don’t think that’s right. I think you should make divorce easier for those who want it because those who want it are still going to go and file and get it. It’s just going to cost them more and cause their families and their children more strife.”

[…]

Krause proposed the bill in the 2015 legislative session, supported by pastors and Concerned Women for America, a national conservative advocacy group that seeks to weave biblical principals into public policy, both of which argue children in single-parent households are more likely to struggle than their peers.

The bill won a narrow 4-3 bipartisan approval in a legislative committee but failed to reach the floor.

“We are not a church, we are a government,” said Rep. Debbie Riddle, R-Tomball, during a hearing days before voting against the bill. “When people get married, they get married. They’re adults. … That is really getting in the middle and I’m not so sure it fixes things. I think, if anything, it makes things worse.”

Krause rejects the suggestion that forcing couples to wait out a divorce infringes on their personal freedom.

“They still have every right, whether they’re going to get into that union or not,” Krause said. “But once they do, I don’t think it’s bad for the state to say, ‘Hey, if you’re doing this and you’re entering into this union, let’s make sure you’re very serious about it, knowing the societal benefits that can happen when there’s a happy married couple and knowing the societal concern that we see as a consequence when there’s a proliferation of divorces.”

The bill in question from 2015 was HB454, which did get voted out of committee but never got a vote on the House floor. As the story notes, the divorce rate has been falling nationally and in Texas, so this strikes me as yet another solution in search of a problem. It’s also another mockery of the alleged ideal of “small government”, but that ship sailed a long time ago. I don’t think this bill will get any more traction this session, but you never know. If it does, I bet we see a big spike in the number of divorce filings between the day it passes and the day it goes into effect. I mean hey, if you were headed that direction anyway, may as well get there before the price goes up, right?

How anti-business does Dan Patrick have to be for businesses to oppose him?

I remain skeptical that there is such a threshold, but if one does exist, the next legislative session will test it.

RedEquality

The Texas Association of Business (TAB) has formally come out against discriminatory anti-LGBT legislation, including so-called “bathroom bills.”

The board of the state’s 4,300-member chamber of commerce overwhelmingly approved a resolution Friday opposing “legislation that is seen as discriminatory and would impact workforce recruitment and/or cause a negative economic impact on the state,” according to TAB’s president, Chris Wallace.

Lieutenant Governor Dan Patrick has made restricting transgender restroom access one of his top priorities for the 85th Legislature, which convenes in January.

Wallace told the Observer that TAB members want to avoid the type of backlash North Carolina experienced over House Bill 2, which nullifies local nondiscrimination ordinances and requires trans people to use restrooms based on the sex they were assigned at birth. The law has cost the Tar Heel State an estimated $395 million, including the loss of the NCAA Final Four and NBA All-Star Game.

“We don’t want economic fallout here because of legislative action that could be prevented,” Wallace said. “We know it’s going to be a top issue, and because of that, business has to speak up.”

A spokesman for Patrick didn’t immediately respond to a message seeking comment. Patrick has said he was “totally disgusted” with the threat of economic backlash over anti-LGBT legislation, which he characterized as “nonsense” and “part of the propaganda of the political left.” In May, he vowed to stand up to business groups that oppose bathroom bills, including both TAB and Texas Competes, a coalition of more than 1,000 employers that have pledged to support LGBT inclusion.

“The Texas Association of Business, which I usually agree with … their association is wrong on this. This is not about equal rights. No one’s denying anyone their rights,” Patrick told theObserver at the GOP state convention in May.

As you know, I feel the same way about stuff like this as I do the TAB’s periodic efforts to rein in the Texas GOP’s worst instincts on immigration: None of it matters because in the end they’ll be right there supporting these same politicians who opposed their interests for re-election. Business interests point to North Carolina with alarm, while Republicans like Patrick swear that it’s the businesses themselves that are the problem. If the Republicans push an HB2-like bill, and it has the entirely predictable consequences that everyone says it will have, will that be enough? How much damage does Dan Patrick have to do to Texas’ business interests before they decide that he’s not worth it to them? I don’t know, and I’m not sure that they do, either. Maybe they’ll succeed in derailing this act of felo de se and we won’t have to confront the question. Maybe Patrick won’t have an opponent in 2018 and it won’t matter anyway. But as long as he’s there, and as long as these are his stated priorities, the question will not go away.

NCAA lays down a marker on anti-LGBT legislation

Hope the Lege is paying attention, because they can’t say they haven’t been warned.

RedEquality

The NBA and NCAA may have just dealt a preemptive, one-two knockout punch to anti-LGBT bills in the upcoming Texas Legislature, which convenes in January.

First, the NBA announced plans to move the 2017 All-Star Game out of Charlotte over North Carolina’s House Bill 2, which restricts restroom access for transgender people and prohibits cities from enforcing LGBT-inclusive nondiscrimination ordinances.

Then, the NCAA responded to HB 2 by saying it will quiz prospective championship host cities about whether they protect LGBT people against discrimination. Texas cities hosted three of the last six men’s basketball Final Four tournaments, and the event, with an estimated economic impact of $75 million, is slated for San Antonio in 2018.

Lieutenant Governor Dan Patrick and other GOP state lawmakers have indicatedthey plan to push legislation similar to HB 2 in next year’s session. However, Rice University political scientist Mark Jones told the Observer that even if such a bill were to clear the Patrick-led Senate, he believes it would die at the hands of moderate Republican House speaker Joe Straus.

“In the House, it’s difficult to see any HB 2-type legislation making it out of committee,” Jones said. “The speaker isn’t going to let something through that would have a negative impact on Texas businesses and could result in the cancellation of sporting events.”

A spokesman for Straus, who represents San Antonio, couldn’t immediately be reached for comment. A spokesman for Patrick, who previously railed against“threats” of backlash from corporations and sporting events over anti-LGBT legislation such as HB 2, didn’t respond to multiple phone calls and emails.

In defense of anti-LGBT legislation, Patrick has pointed out the men’s Final Four was held in Houston in April despite voters’ decision to repeal the city’s Equal Rights Ordinance last November. But the NCAA Board of Governors didn’t adopt new diversity guidelines for host cities until after the 2016 Final Four, and Jones drew a distinction between voters repealing a nondiscrimination ordinance and legislators passing an anti-LGBT bill.

[…]

Jessica Shortall, managing director for Texas Competes, said the announcements from the NBA and NCAA are part of a growing pattern in which the corporate sector not only sees LGBT discrimination as incompatible with its values, but is increasingly willing to stand up against LGBT discrimination.

“This trend isn’t going away, and it will continue to have deep effects on municipal and state economies,” she said. “The sports community is sending strong and unified signals on this topic, and that’s something that has to have the attention of economic development professionals who work to secure lucrative bookings, as well as of everyday citizens who care about economic health and jobs in their communities.”

The Current covers the local angle.

Here in San Antonio, City Council approved adding gender identity and sexual orientation to its non-discrimination ordinance three years ago, and has since hired a diversity and inclusion officer and built a dedicated website that’s supposed to be a one-stop shop for non-discrimination complaints. Part of the NCAA’s new bidding policy for championships includes a non-discrimination ordinance requirement. However, the NCAA announced in 2014 that San Antonio will host the NCAA Final Four in 2018 — two years before the association’s policy change.

That doesn’t mean that San Antonio won’t be required to prove to the NCAA that its policies don’t discriminate and provide “an environment that is safe, healthy, and free of discrimination, plus safeguards the dignity of everyone involved in the event.” Last week, the NCAA announced it was sending questionnaires to all cities interested in hosting future NCAA championships but it’s also sending one to San Antonio, along with other currently awarded host sites, as first reported by the San Antonio Business Journal.

Mayor Ivy Taylor’s office didn’t respond to our request for comment on whether the mayor, who voted against the non-discrimination ordinance in 2013, thinks the city’s rule will pass that bar. However, it likely will. In basic terms, the NCAA wants to know whether a community even has a non-discrimination ordinance, whether it regulates bathrooms or locker rooms, and whether it has provisions that allow for the refusal of accommodations or services to any person.

Where it’s going to get hairy for San Antonio is that the questionnaire also wants to know whether state law clashes with the NCAA’s new criteria.

The NBA’s message to North Carolina was pretty clear. Like a child who’s been denied candy as an afternoon snack, Dan Patrick can pout and stamp his feet all he wants, but these are the rules of engagement. If Patrick and his brethren in zealotry want to propose legislation that would limit the ability of private companies to treat their employees with equality – because nothing says “party of small government” and “promoting a healthy climate for business” like that would – then he should go right ahead. This is all in character for Dan Patrick, who doesn’t handle entities that disagree with him well. Whether he likes it or not, he knows what the consequences for his behavior will be. What he does from here is entirely up to him. The Press has more.

Once again with “religious freedom” legislation

I have three things to say about this.

RedEquality

State Rep. Matt Krause, R-Fort Worth, says he plans to re-file legislation next session that would supplement the state’s existing law to allow business owners to refuse services to people whose lifestyles clash with their religious beliefs.

“Nobody should be forced to go against their conscience or religious beliefs,” he said.

One of the key principles upon which the country and state were founded is the protection of religious beliefs, he said.

But just like in the 2015 legislative session, Krause is expected to face opposition from groups in the state’s business community. Bill Hammond, president and CEO of the Texas Association of Business, said corporations would look to other states when it is time to relocate if Krause’s vision becomes a reality.

“You have to weigh the negative impact on Texas if this were to become the law of the land,” Hammond said. “It’s flustering to see.”

Krause said next legislative session, he again would seek to change the state constitution – which requires a two-thirds vote of the Legislature and voter approval at the ballot box, a much more difficult hurdle to clear than just the simple majority need to pass regular bills – because religious freedom deserves constitutional protection.

“I wanted to put it in the constitution to make it even stronger,” Krause said. “It is still something I think is very important.”

Hammond said the constitutional amendment would be harder to undo if a future legislature decided that the policy is harmful or discriminatory.

1. Of course a constitutional amendment would be harder to undo. That’s the reason why the 2005 Double Secret Illegal Anti-Gay Marriage amendment was pushed through. We could have gone decades before there was a two thirds majority in both houses to repeal that, and the same would be true for Krause’s anti-equality measure. The good news is that even at current levels, there isn’t a two-thirds majority of Republican legislators in either house (*), so the task of blocking it is eminently doable. Yes, there are a few Democrats out there who can’t be counted on – and yes, I’m looking at you, Sen. Lucio – but we only need to block it in one chamber, and the prospects of picking up at least a seat or two in the House are pretty good. So while the threat of ordinary legislation making it through is very real, the bar for a constitutional amendment is likely too high to clear.

2. Let’s be very clear about this: Despite what Krause and others like him my say, a right to systematically refuse service, housing, employment, or whatever else – the list goes on and on – to a group of people is a right to discriminate, and a right to discriminate against someone is a right to discriminate against anyone. And I’m sorry, but if your sincerely-held beliefs tell you that you must not treat some group of people as fellow human beings, then your sincerely-held beliefs are immoral and wrong.

3. Have I mentioned lately that the business lobby could put its considerable resources towards defeating legislators like Matt Krause and electing ones that better represent their interests? Because they totally could if they really wanted to. Perhaps the North Carolina experience will provide them sufficient incentive to do so.

House approves limited medical marijuana bill

And there it is.

On a 96-34 vote, the House passed Senate Bill 339, from state Sen. Kevin Eltife, R-Tyler, which would legalize oils containing CBD, a non-euphoric component of marijuana known to treat epilepsy and other chronic medical conditions. If the House gives final passage in a follow-up vote, the measure will be Gov. Greg Abbott’s to sign, veto or allow to become law without his signature. If it becomes law, the state would be able to regulate and distribute the oils to patients whose symptoms have not responded to federally approved medication.

Before the vote, state Rep. Stephanie Klick, R-Fort Worth, the bill’s House sponsor, repeatedly stressed to House members that the product she was trying to legalize should not be confused with marijuana.

“It is also not something you can get high on. It has a low risk of abuse,” Klick said. “This is not something that can be smoked. It is ingested orally.”

[…]

Several Republican lawmakers brought up those concerns during the House floor debate. At one point, over the shouts of House members booing, state Rep. Mark Keough, R-The Woodlands, yelled, “This is a bad bill.”

State Rep. John Zerwas, R-Simonton, and a House sponsor of the bill along with Klick, responded. “It is not a bad bill. It is a great bill and it is going to save lives.”

See here for the background. This is not a bad bill, but it’s not a great bill, either. It should do some good, and it’s a step in the right direction, but remember that some CBD proponents opposed this bill because it didn’t do very much for them. I hope the Lege is as kind to Rep. Joe Moody’s bill to reduce marijuana penalties, but if this is all we get, I won’t be surprised. A statement from RAMP is beneath the fold, and Trail Blazers and the Current have more.

(more…)

Joining together for equality

Good to see.

RedEquality

Standing alongside Democrats, a representative for the state’s powerful business lobby Tuesday denounced two proposed amendments to the state constitution aimed at bolstering protection for people acting on religious beliefs, which detractors say would legalize discrimination against gays and lesbians.

“These amendments are bad for business,” said Bill Hammond, chief executive of the Texas Association of Business, at a press conference. “They would devastate economic development, tourism and the convention business.”

It’s part of a larger debate taking place around the country, most notably in Indiana where public backlash over a similar law forced the state’s governor to sign an amended version that included protections for gays and lesbians. The question Texas lawmakers face is how they should balance their obligation to protect minority groups with a commitment to religious liberty.

[…]

“We’ve all seen the uproar in Indiana,” said state Sen. Rodney Ellis, D-Houston, at the press conference. “There’s absolutely no doubt that passing these amendments would bring the same uproar and condemnation to Texas.”

Yes, Indiana is an object lesson, though whether or not we heed it remains to be seen. Hammond and TAB are good allies to have in this fight, and as we’ve already seen they can move some votes on this, but it’s important to maintain some perspective.

The two amendments are among more than 20 anti-LGBT proposals in the 84th Legislature, including statutory bills that would similarly allow businesses to discriminate based on religious beliefs. But Hammond said the TAB board hasn’t voted whether to come out against those measures.

TAB President Chris Wallace told the Observer on Monday that he and Hammond plan to recommend that the board oppose bills making it illegal for transgender people to use restrooms according to how they identify.

“Business owners are going to have to be enforcers of this legislation, and we certainly do not want to place any more burdens on business than there already are,” Wallace said.

Wallace said other proposals to bar cities from enforcing LGBT-inclusive nondiscrimination ordinances may present a quandary for TAB. At least one of the bills, Senate Bill 343 by Sen. Don Huffines (R-Dallas), would also bar cities from regulating fracking, plastic bags and ride-sharing—a concept TAB supports.

Hammond said TAB likely will wait until other anti-LGBT legislation is scheduled for committee hearings to take an official position. None of the so-called religious freedom measures or bills targeting local LGBT protections has been scheduled for hearings as the session approaches its final 45 days.

“I think what happened in Indiana is hopefully a turning point,” said Chuck Smith, executive director of Equality Texas. “Every day that goes by without a negative bill having a hearing is a good thing.”

So yeah, just because they’re on our side on this issue – and to be fair, they’re on our side on some other key issues, such as supporting the DREAM Act and opposing “sanctuary cities” – doesn’t mean they’re on our side. It’s a marriage of convenience, and as long as we keep that in mind we can team up when it makes sense. There’s more than enough crazy to fight against this session, and Hammond is the kind of old school, business-first conservative that isn’t into that sort of thing. But he’ll align with it when it suits his purpose, and he and his group are a bunch of wusses when it comes to enforcing consequences against politicians they support who then go on to work against their interests. Let’s take advantage of this opportunity, let’s just keep our eyes open as we do. Trail Blazers has more.

Let Indiana be our guide

Chron business columnist Chris Tomlinson has a warning for us.

PetitionsInvalid

Watching Indiana Gov. Mike Pence call for a revision to a week-old religious freedom law this morning should be required viewing for every Houston politician and business person.

After refusing to denounce discrimination against lesbian, gay, bisexual and transgender individuals for days out of fear of alienating his political base, Pence did what all politicians who see their careers slipping away do. He flip-flopped, called it a clarification and denied there was a problem.

Why did this conservative Republican suddenly speak out against LGBT discrimination? Because American consumers and businesses made it clear that they would not accept bigotry in any form, even when disguised as religiosity. Corporations announced they would not subject their LGBT employees to the chance they may face legally-sanctioned discrimination. Angie’s List announced it would not expand in Indiana and numerous other groups began canceling conventions in the state.

What happened to Pence could happen to Houston and Texas.

[…]

Can you imagine what would happen if the small number of Houston voters who actually show up to the polls approved a repeal of the law? Houston would be labeled a city of bigots and the firestorm over Indiana would look like a campfire.

I know business people don’t like to think about social issues, most are concentrating on running the best business they can. But the business community needs to pay attention to what’s happening to Houston’s civil rights ordinance in court and what could happen at the ballot box. If the repeal passes, those new hotels and the updated convention center may have a hard time finding customers.

We should know soon whether or not there were enough valid signatures after the recount. In the meantime, as Tomlinson noted, there are bills in the Legislature that would do to Texas what Mike Pence did to Indiana; Arkansas was also going down that path before their Governor had a dose of sanity. Maybe all that WalMart lobbying against it made a difference. In any event, you might think that organized opposition from the business community here might help sway some opposition, but 1) the type of person that supports this kind of law doesn’t believe any of the bad things that everyone tells them will happen will actually happen, even with the evidence of it happening now, and 2) I don’t believe the business community will follow up by actually opposing any of the supporters of those bills in the next election.

To be fair, the business community is talking a good game.

“This thing is equally bad or worse than Indiana, and look what’s happening there,” said Bill Hammond, head of the powerful lobbying group the Texas Association of Business. Organizations as disparate as NASCAR, Walmart and Apple have blasted Indiana and Arkansas for their laws, already prompting the governors of both states to backpeddle on their support.

Sen. Donna Campbell, R-New Braunfels, one of at least three lawmakers proposing so-called religious freedom legislation this session, said she will narrow her bill in the face of a slew of similar concerns.

Campbell’s Senate Joint Resolution 10 seeks to enshrine the 15-year-old Texas law in the state Constitution, but without the key civil rights and local control protections. Her original proposal also removed the word “substantially,” which critics said would have allowed anyone who thinks the government is infringing upon his free expression, however slightly, to sue the state.

On Wednesday, however, Campbell’s staff confirmed she will re-insert the word “substantially.” Rep. Matt Krause, R-Fort Worth, who has proposed an identical bill in the House, said he is not opposed to amending his legislation the same way.

“That’s an improvement,” Hammond said. “But we have a long list of concerns with the legislation and the issue of ‘substantial burden’ is just one of them.”

Hammond cited the civil rights protections and local control issue, saying not exempting cities and municipalities could put local nondiscrimination ordinances like those in San Antonio and Houston on the chopping block. Enshrining the law in the Texas Constitution would make it much harder to amend or repeal if problems arise, he said. He also noted Campbell’s bill does not include a $10,000 cap on damages included in the existing law, potentially opening the state to unlimited litigation costs.

The impact on the Texas’ economy could be substantial, Hammond and other opponents said. Houston and other cities could lose the opportunity to host valuable sporting events and companies planning to expand their Lone Star State footprint could pull out – like Angie’s List did with its now-canceled expansion in Indianapolis.

“The motivation is to permit discrimination on the basis of religious belief,” said Rebecca Robertson, legislative and policy director for the American Civil Liberties Union of Texas. “That’s not the brand we want to be associated with.”

The opposition was heavy enough to lead Jason Villalba, R-Dallas, to drop his religious freedom proposal in early March, after which Krause picked it up. Krause said he would be amenable to tweaking his bill, but he chalked up business opposition to opponents simply not understanding the legislation.

“I think it’s a bunch of overreaction, and not understanding what the law really does or what it means,” Krause said.

Oh, I think we all understand it just fine, but thanks for demonstrating my point. Like I said, people like Bill Hammond talk a good game but they are notoriously short on action. A credible threat of primary opposition might open some eyes. If one is not inclined to do the right thing, one needs to fear the consequences of doing the wrong thing. I don’t think enough legislators do.

Krause re-files Villalba’s anti-gay bill

Alas.

RedEquality

One of the state’s most anti-gay lawmakers is going forward with a “religious freedom” amendment dropped by another representative earlier this week amid opposition from the Texas Association of Business.

Rep. Jason Villalba (R-Dallas) announced Monday he would “reconsider entirely” House Joint Resolution 55, which critics say would enshrine a “license to discriminate” against LGBT people in the state Constitution. Villalba backed off HJR 55 after the Texas Association of Business passed a resolution opposing the measure over concerns about its economic impact.

On Wednesday, Rep. Matt Krause (R-Fort Worth) introduced HJR 125, which is identical to HJR 55. When Villalba introduced HJR 55, he wrote on Facebook it was drafted with the help of Krause and Plano’s Liberty Institute.

Equality Texas rated Krause the state’s most anti-LGBT lawmaker following the 2013 session.

See here for the background. I suppose this isn’t a surprise. Haters gonna hate and all that. Lessons to be learned from this: For Rep. Villalba, be careful who you consult with on legislation in the future. For the Texas Association of Business, you really need to re-think what it means to be “pro-business” in this state, and act accordingly. And for the rest of us, it’s never a bad time to contact your State Rep and State Senator and let them know how you feel about a particular bill or issue.

One anti-gay bill pulled

One down, too many to count to go.

RedEquality

A House Republican will no longer seek to amend the Texas Constitution to prohibit state and local governments from “in any way” restricting the free exercise of religion, leaving several conservative legislators hustling Tuesday to file an alternate bill.

Rep. Jason Villalba, R-Dallas, said opposition from the Texas Association of Business cemented his growing discomfort with legislation he had filed in December, House Joint Resolution 55, that has also been criticized for potentially undermining nondiscrimination ordinances adopted by cities, including Austin, to protect gays and lesbians.

“When the Texas Association of Business let us know that in their opinion it would harm businesses, that’s when I just couldn’t continue in its support,” Villalba said Tuesday. “So I will not ask for a hearing. … and I will not be moving forward on that legislation.”

Rep. Matt Krause, R-Fort Worth, said discussions are underway to determine if similar legislation can be submitted by Friday’s bill-filing deadline.

“I definitely feel there’s interest there. Who that is going to be, I couldn’t tell you at this point,” said Krause, who helped Villalba draft the proposed amendment. “But we’re three days away from the deadline, and that makes it a little harder to start those conversations again.”

A similar bill by state Sen. Donna Campbell, R-New Braunfels, would bar government from infringing on Texans’ “sincerely held religious beliefs.” A public hearing, the first step in the legislative process, has not yet been set on Campbell’s Senate Joint Resolution 10.

See here, here, and here for the background. Kudos to Rep. Villalba, usually not one of the nutcases, for coming to his senses, though really one should not expect much praise for backing away from a destructive idea. More kudos go to TAB for having a positive effect on the Republicans they claim to have influence over for once. The job isn’t over until the deadline for bills to pass on first reading, and there is still time for another bill like HR55 to be filed, so let’s don’t get complacent. In the meantime, there’s still the larger issue of groups like TAB enabling legislators who go on to file the kind of bills they then have to spend time and effort fighting. Sadly, Donna Campbell won’t be on the ballot again until 2018, but there will be plenty of House members who could use a good primarying. If you really do care about this, TAB, put your money where your mouth is next March. RG Ratcliffe has more.

Villalba gets defensive about his pro-discrimination bill

I don’t know if Rep. Jason Villalba is willfully dense or just confused, but either way this is a big pile of BS.

RedEquality

State Rep. Jason Villalba (R-Dallas) remains adamant that a proposed constitutional amendment he filed earlier this month isn’t intended to undermine local ordinances prohibiting anti-LGBT discrimination.

But Villalba also continues to tout the fact that he received input in drafting the amendment from a lawmaker known for his anti-LGBT views and from the Liberty Institute, which is actively fighting a nondiscrimination ordinance in Plano.

Villalba has characterized his HJR 55 as a tamer version of SJR 10, a similar religious freedom amendment introduced in the Senate by Donna Campbell (R-New Braunfels).

And Villalba has objected to a “license to discriminate” label that was attached to his amendment in an Observer headline and in a fundraising appeal from Progress Texas, denying accusations that the measure is designed to undermine local nondiscrimination ordinances by allowing business owners to claim religious exemptions.

“Not true at all,” Villalba told Breitbart Texas for an article published Sunday. “That was not our intention at all. … I’m not trying to pander to the right, or to offend the LGBT community or to support discrimination.”

Villalba told Breitbart he supports the authority of local governments to pass LGBT-inclusive nondiscrimination ordinances, and said HJR 55 is instead designed to protect things like nativity scenes on government property.

But LGBT advocates continue to question Villalba’s motives—particularly since he unveiled HJR 55 on Facebook by posting an Empower Texans article slamming the Plano ordinance shortly after it passed. “We must stand athwart those who seek to eliminate every vestige of our religious heritage from the public square,” Villalba wrote. “Tomorrow, we fight back.”

On Monday morning, Villalba took to Facebook again to post the Breitbart article, writing above it: “Many of you have asked about what HJR 55 actually does. In essence, it protects the free exercise of religion in Texas. Here is an article that spells it out nicely. Special thanks to Matthew Krause and Liberty Institute for their help and insight in putting this together.”

Rep. Krause (R-Arlington) received the lowest score of any lawmaker on LGBT issues from Equality Texas following the 2013 session.

In response to a comment below his Facebook post Monday from this reporter, Villalba sent a chat message referencing Campbell’s resolution.

“Perhaps I should drop HJR 55 and let the alternative version pass,” Villalba wrote. “Is that what you would prefer?”

Asked whether he believes Campbell’s resolution, which has been defeated in three consecutive sessions, would pass in 2015, Villalba referenced an expected shift to the right in the Senate next year thanks to November election results.

“Have you not seen what just happened in the Senate?” Villalba wrote. “It [SJR 10] would easily pass.”

Asked whether he strategically introduced HJR 55 as a more moderate alternative to SJR 10, Villalba said: “My goal is to pass the best bill that advances the cause of religious liberty.”

See here for the background. It’s hard to know where to begin with all this. If there’s one thing I’ve learned in recent years, it’s that when someone who isn’t me says that something will affect them negatively, it’s best for me to at least hear and try to understand their reasons why they say that thing will harm them before I try to explain to them why they’re wrong to feel that way. Perhaps such an approach might benefit Rep. Villalba as well. As for his insistence that his HJR 55 is but a heroic attempt to head off the much worse SJR 10, it might be worthwhile for someone to explain to Rep. Villalba that if he were to vote against SJR 10, the odds are very good that it would not be able to pass out of the House, what with Democrats being in near-unanimous opposition plus the expected No from Rep. Sarah Davis. But really, a little more listening to the people who would be harmed and a little less listening to the people who would harm them would go a long way.

Some last minute good news from the Lege

From Equality Texas:

On the right side of history

On May 15th, the Texas House passed an amendment by Rep. Matt Krause of Fort Worth that would prohibit state universities from requiring officially-recognized student organizations to abide by campus non-discrimination policies.

The official vote on the Krause amendment to SB 215 was close, with 78 voting in favor and 67 opposed. To see how your State Representative voted,please click here.  If you don’t know who represents you, look them up here.

The Krause amendment was one of several amendments added by the House to Senate Bill 215. On May 20th, the Senate refused to concur with those House amendments and a conference committee was appointed.

Equality Texas was actively engaged throughout the conference committee process working to strip the Krause amendment from the bill’s final version.

On May 24th, the Conference Committee filed its report and removed the objectionable amendment that had been added by Rep. Krause. See page 69 of the Conference Committee Report.

On Saturday, May 25th, the Senate adopted the Conference Committee Report on a 31-0 vote, and on Sunday, May 26th, the House adopted the Conference Committee Report on a 135-5 vote.

Thanks to the members of the Conference Committee on SB215, especially House Chair Rafael Anchia of Dallas for their support of equality for all Texans.

See here, here, and here for the background. Sometimes the last-minute changes work against you, and sometimes they work for you. I’m glad this was an example of the latter.