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June 5th, 2021:

Can Abbott actually veto the legislative budget?

Who knows? We’ll see if he actually does it.

Fresh off the defeat of two of his legislative priorities Sunday night when Democrats abandoned the Texas House to block a sweeping elections bill, Gov. Greg Abbott flexed his executive muscle Monday — vowing to defund a co-equal branch of government while raising questions about the separation of powers in Texas.

“I will veto Article 10 of the budget passed by the legislature,” he wrote on Twitter. “Article 10 funds the legislative branch. No pay for those who abandon their responsibilities.”

Abbott did not give additional details about how the veto would work, telling his nearly 600,000 Twitter followers only to “stay tuned.” He’s also said that lawmakers will be brought back for a special legislative session this year to pass the failed priority bills. But the veto announcement on social media sparked concerns about the increasing encroachment by the state’s executive branch into the legislative branch’s purview.

“We have not seen a governor in modern times who has taken such a step to minimize the legislative branch of government,” said Brandon Rottinghaus, a political scientist at the University of Houston. “The Texas Constitution sets out a balance of power, and it has stuck to that since the inception of the Texas government. To change that by altering which branch was able to be politically and financially stronger is clearly antithetical to the Constitution.”

[…]

On top of funding the two chambers of the Legislature, Article X of the state budget also funds nonpartisan agencies that are crucial for policymaking, including the Legislative Reference Library, which conducts research for the Legislature; the Legislative Budget Board, which develops policy and budget recommendations and provides fiscal analyses for legislation; the Legislative Council, which helps draft and analyze potential legislation; the State Auditor’s Office, which reviews the state’s finances; and the Sunset Advisory Commission, which reviews the efficiency of state agencies.

Several of these agencies would be crucial for the all-important redrawing of political maps that lawmakers are expected to take up in an already planned special session in the fall.

[…]

Rottinghaus, who is working on a book about former Gov. Rick Perry, said the growth of the executive branch’s power is one of the themes of the book, but “Abbott has taken it to the next level.”

“Perry made the tune popular, but Abbott took it to No. 1 with a new band,” he said.

Perry could serve in some ways as a cautionary tale for Abbott. In 2007, Perry signed an executive order mandating that all sixth grade girls get vaccinated for the human papillomavirus, which can cause cervical cancer. But lawmakers came back during that legislative session and blocked his executive order, saying Perry had overstepped his authority.

“He backed off immediately. He saw he’d gone too far,” Rottinghaus said. “That’s a battle that the governor doesn’t want to pick because the courts could say he’s wrong, the Legislature could defund the executive branch in the same way — there’s all kinds of options that the Legislature can use. … That’s what Perry found. If you cross the Legislature, you’re risking a revolt you can’t contain.”

Not everyone believes the governor will follow through, however.

Abbott has until June 20 to announce his vetoes. The current biennial budget ends Aug. 31. If Abbott called back lawmakers before the end of August and got his priority bills passed, he could then let lawmakers restore the funding for the new budget starting in September without any impact to people employed by the legislative branch.

“Abbott likes to puff up and then deflates very quickly,” said Matt Angle, a Democratic political operative who runs the Lone Star Project. “He doesn’t have the guts to send termination notices to public servants who are just doing their jobs.”

On Thursday, Abbott told Lubbock radio host Chad Hasty he would call lawmakers back for two special sessions. The previously planned fall special session would be in September or October and deal with redistricting and the allocation of $16 billion in federal COVID-19 funds. But before that, Abbott said, he’d call legislators back to work on the defeated elections and bail bills.

Rep. Lyle Larson, R-San Antonio, said he was doubtful the veto would come to pass and said it would reflect poorly on Abbott if it did. Staffers for Republican lawmakers who played no role in the Democratic walkout would also be harmed.

“If it’s a political statement that he’s making, that’s one thing,” Larson said. “But if he follows through with it, I think a lot of people will lose confidence in his ability to govern. I know independent voters, Democratic voters and a lot of Republican voters will lose confidence in his ability to govern if he starts retaliating toward the majority party that did not walk out of the Legislature. It makes no sense.”

See here for some background. Not making sense is not a bar to Abbott. I still think he’s more likely to back down at the end than not, but if I’m wrong about that I hope someone files a lawsuit and forces the courts to sort it out. I mean, if Abbott can zero out the legislative budget, he can do the same for the courts, and I have to think they would not like that. There’s only one way to find out, if it comes to that.

We go to the next freeze with the power grid reform we have, not the power grid reform we wanted

It is what it is, and what it is isn’t much.

Texas lawmakers on Sunday passed a final proposal to shore up the state’s power grid in response to this year’s deadly outage crisis, agreeing on a raft of reforms that experts welcomed but also fear won’t go far enough.

The legislation, Senate Bill 3, would require power plants and some natural gas suppliers to prepare their operations for extreme cold, a step that state regulators and many companies have avoided for decades despite repeated blackouts and promises that market incentives would ensure reliability.

It would also create a statewide emergency alert system, force industry participants to communicate more often and mandate that key gas facilities be registered as critical so their power isn’t unintentionally shut off during shortages. Hundreds of gas facilities reportedly lost power during the winter storm, pinching off fuel supplies to power plants.

[…]

The proposals address several longstanding weaknesses, though still amount to a gamble in the wake of one of the state’s deadliest natural disasters, leaving its already isolated power grid vulnerable to similar disruptions for the coming winter, before key weatherization requirements would take effect.

Energy experts have warned that without quick structural improvements to power plants, gas wells and the supply chain that connects them, millions of Texas homes could again be without power in dangerously frigid conditions. February’s storm knocked out power to an estimated 4.5 million homes and killed at least 200 people — and likely many more.

Critics also caution that the final provisions leave broad discretion to gas suppliers, who provide most of the fuel for the electricity grid. The legislation allows for minimal fines against those that don’t comply and leaves oversight of infrastructure updates to the Texas Railroad Commission, whose members receive funding from the industry and have long opposed weather requirements.

The state’s gas production fell more than 20 percent over five days during the storm.

This month, Republicans in the House rejected amendments from Democrats that would have increased penalties for gas suppliers that don’t winterize and would have required progress on winterization within six months of the measure becoming law. Democrats still praised the reforms that made it into the final draft.

“I voted for this bill because there is a lot of good in it,” Rep. Jon Rosenthal, a Houston Democrat and engineer in the oil and gas industry, tweeted shortly after the vote. “But make no mistake – this bill is not enough to ensure that we won’t have another massive blackout. It leaves much discretion to RRC/PUC/ERCOT and the guardrails aren’t nearly tight enough.”

See here, here and here for some background. We may go to a special session for the Republicans’ failure to muscle through the voter suppression bill and some of Dan Patrick’s pet priorities, but taking substantial action on the power grid will not be on the agenda. It’s always hard to say what issues will and won’t be relevant and germane to voters in the next election because you never know what else may come up, but to the extent that this issue will be debated it will be in the terms of what Abbott et al thought was important enough to bring legislators back to finish off and what was not. Whether what was actually done will make a difference or not likely won’t be known until the next big freeze, at which point we’ll see if we can add 2021 to the years we look back on as squandered opportunities to take meaningful action. Better hope it’s not next year if you’re a Republican.

Pity the poor GHP

Or don’t. I lean heavily towards “don’t”.

You’d have to be a serious sourpuss not to feel just a little sorry for Bob Harvey, the amiable, bespectacled Aggie and Harvard MBA who heads the Greater Houston Partnership. The last month has been grim for the city’s thousand-member chamber of commerce-like organization. In April, as some big companies came out in opposition to a spate of legislation around the country making it harder to vote, the question of how to respond to Texas’s “election integrity” bills tore the traditionally congenial group that Harvey helms into something bitterly fractious. Some members wanted to go along to get along with the Lege; others wanted the organization to come out firmly against what they saw as a dangerous intention to subvert voting rights, especially for people of color.

Harvey has been left in the middle, trying to protect the GHP’s legislative agenda in Austin while preserving an uneasy peace among his members in Houston. The fallout has offered a vivid demonstration that diversity and inclusivity are not just buzzwords organizations can affix to their websites and not act on; business leaders now have to learn to work with those—women and minorities, for instance—who may not share their establishment views. As Harvey said to me, with profound understatement, “It’s a lot harder today to establish a consensus than it was in the past.”

The trouble started at the partnership’s regular monthly meeting on April 21. Members of the Lege were debating Senate Bill 7, which, in its form at the time, would have limited early voting hours, restricted the number of voting machines in cities, and emboldened partisan poll watchers to harass those casting ballots. (Versions of the bill would eventually pass both the House and Senate, but the Lege would be unable to pass a reconciled version when Democrats staged a walkout blocking its passage hours before the session ended.) Several members of the GHP, including Kevin Hourican, the white CEO of Sysco, and Mia Mends, a Black woman who is the chief administrative officer of Sodexo North America, a food service company, called on the organization to make a public statement against the bills and in favor of voting rights. To them, it seemed a reasonable ask of an organization of business leaders in a city that touts its reputation as the most diverse in the nation—and one that is specifically targeted by provisions in the bill.

What follows is an account of the debate about what the GHP should do (they do not cover themselves in glory) and why their response was so tepid and flimsy (short answer, too many GHP members who were fully on board with the Big Lie bullshit, and also a fear of Dan Patrick). You will also learn, if you didn’t already know, that Heidi Cruz is as terrible a person as her husband is. We have covered this topic before, but Mimi Swartz’s behind the scenes look adds a lot of detail and is worth your time to read.

Timeframe for Watson depositions

This is going to take awhile.

Deshaun Watson’s attorneys in September can begin deposing plaintiffs in the 22 sexual assault and harassment cases against the Texans quarterback, according to court documents.

State District Judge Rabeea Sultan Collier on May 10 signed an agreed docket control order which maps out dates for various phases of the litigation. Watson cannot be deposed before Feb. 22.

[…]

The women can be deposed beginning Sept. 13, with up to six hours allotted for each plaintiff’s personal deposition. The Houston Chronicle typically does not identify victims of alleged sexual assault or harassment.

Watson himself can be deposed in late February and cannot exceed 48 hours of deposition, according to the docket order.

No settlement negotiations were underway earlier this month, when defense attorney Rusty Hardin released a statement claiming Buzbee had approached his team in attempts to discuss settlements. Buzbee denied that allegation, posting on Instagram that he had never approached Watson’s team to settle.

Hardin has said any potential settlement would need to be public.

See here and here for my previous updates. I haven’t posted on this in awhile, partly because we are now at the slow legal process point of the saga and partly because of other news. Sean Pendergast is more up to the minute on this stuff – see here, here, and here for his most recent updates. The discovery process in the lawsuit has begun, and that has the potential for some big revelations to occur, the kind of thing that one side or the other has been keeping quiet about. The depositions will likely tell us some new things as well. Settle in for the long haul, there probably won’t be much more to say for awhile.