I appreciate the effort, but we can’t expect too much to come of this.
Five Democratic and two Republican state legislators announced plans Wednesday to file a bill next legislative session that would bar discrimination against LGBTQ Texans in housing, employment and public spaces.
The bill, which has the early support of state Reps. Sarah Davis, R-West University Place, and Todd Hunter, R-Corpus Christi, would extend protections based on sexual orientation and gender identity. There are 21 states that already have enacted such policies.
“Quite frankly, we are already behind the curve on this issue,” Davis said. “Nondiscrimination is not just good for LGBTQ community, but it’s good for all Texans.”
Lawmakers rolled out the bill during a virtual news conference where they touted an economic study that found a statewide nondiscrimination policy would generate $738 million in state revenue and $531 million in local government revenue next biennium. It also would add 180,000 new jobs in technology and tourism by 2025, the study found. The benefits, the authors said, largely would come from Texas’ greater ability to attract talent and heightened opportunity for tourism and conventions.
“We should want to treat people fairly because it’s the right thing to do, whether it has economic effects or not,” said Ray Perryman, a Waco-based economist who led the study. “This shouldn’t be the reason to do it, but it is a very important aspect of it in today’s society, and there are very significant economic costs associated with discrimination.”
The legislation likely will face strong headwinds in the Republican-controlled Senate. Lt. Gov. Dan Patrick, who presides over the upper chamber, prominently opposed a similar measure that was rejected by Houston voters in 2015, and later backed the so-called bathroom bill opposed by LGBTQ advocates that would have required people to use facilities matching the gender identity on their birth certificates.
The lawmakers largely dismissed political concerns Wednesday, arguing instead that their early push for the bill — more than seven months before the session is slated to begin — heightens their odds of passing it.
“I think a lot of this is going to take talking to our colleagues and explaining the results of this study,” said Rep. Jessica González, D-Dallas, a member of the House LGBTQ Caucus and author of the bill. “It’s going to take a lot of groundwork.”
The bill faces good odds of passing the lower chamber, where Democrats have gained ground and some Republicans have moderated their positions, said Brandon Rottinghaus, a political science professor at the University of Houston. He was less bullish on the bill’s chances in the Senate.
“It’s a different animal on that side of the chamber,” Rottinghaus said. “You do all the political calculations and it’s a tall order to get it passed. But, in some ways it’s a marker: these members see the future of Texas as one where the economy needs to be put front and center, and if that theory can get some grip among the members, then there’s hope for it in the future. But as it is now, it’s a pretty tough sell.”
That’s really about all there is to it. This bill may pass the House, but if so then Dan Patrick will stick it in a shredder, have the shredder blown up by the bomb squad, and then have the debris shipped to Oklahoma. We ain’t getting a bill like this passed while he’s Lite Guv, and that’s even before we consider getting it signed and then having it reasonably enforced by the Attorney General. It’s nice that there are two House Republicans willing to sign on to this – no, really, that is important and could very well matter if we oust Patrick in 2022 but still have a Republican-controlled Senate – but it will take either more of them than that to get this passed, or fewer Republicans in the House overall. I don’t know who our next Speaker will be, but I like the odds of this passing with a Democrat appointing committee chairs than with pretty much any Republican that could inherit the gavel. Needless to say, one way of getting the requisite number of Dems in the House is to oust Sarah Davis, as her seat is high on the list of pickup possibilities. Todd Hunter’s HD32 is on that list as well, but farther down; if he loses in November, Dems have had a very, very good day.
Let’s be clear that lots of substantive bills take more than one session to get passed, so bringing this up now even without any assurance that it could get out of committee is the right call. Start talking about this now – the real benefits a true equality bill would bring, the ridiculous arguments that opponents will throw at it, and very importantly the potential legal pitfalls that the true wingnuts and their sympathetic judges will try to exploit – and we’ll be better positioned when the timing is better. I can’t say when that might be – elections have consequences, I’m told – but it’s best to be prepared.