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line item veto

Sine die’d

Special session 2.0 is over. And what a lousy thing it was.

The Texas Legislature adjourned its second special session Thursday evening, ending a nearly 30-day stretch that was called to pass a GOP elections bill after House Democrats carried out a weekslong quorum break to block the passage of that legislation during the summer’s first overtime round.

The two chambers gaveled out minutes apart after giving final approval to a number of Gov. Greg Abbott’s agenda items, including so-called critical race theory legislation and a bill that will, among other things, restore funding for the Legislature itself.

The House adjourned first, with House Speaker Dade Phelan, R-Beaumont, wishing members a happy Labor Day weekend before gaveling out.

Over in the Senate, Lt. Gov. Dan Patrick told senators he was proud of their work and nodded to another yet-to-be-called special session that will focus on the redistricting process in the coming weeks — where lawmakers will draw new political maps for the state’s congressional delegation, the Legislature and the State Board of Education.

“We’ll be back soon,” he said. “There’s a little bit of unfinished business yet to be done.”

Earlier Thursday, state lawmakers passed legislation that restores funding for the Legislature — including salaries and benefits for some 2,100 state employees — that was set to run out at the end of the month after Abbott vetoed those dollars earlier this summer. The governor’s veto was intended as retribution for House Democrats who walked out of the Capitol in the final hours of the regular legislative session to block a GOP elections bill in May.

In addition to restoring the funding, the Legislature this week passed a similar version of that controversial GOP elections bill. State lawmakers also reworked the process for releasing accused criminals on bail, beefed up border security fundingexpanded virtual learning for studentsrestricted use of abortion-inducing drugs and banned the storage or disposal of high-level radioactive waste in Texas.

The small bit of good news is that the transgender sports bill and the last-minute fraudit bill did not pass, though as noted there will be another shot at that. Redistricting is up next, and the rumor mill suggests we will have two weeks off before the machinery cranks up again. I suppose it’s possible there could be a temporary restraining order in the lawsuit filed against doing legislative redistricting, but as Congressional redistricting would still be on the menu that would not stop the session from being needed. Anyway, enjoy the brief respite before the next bout of madness begins.

“Big boy pants”

Some hot Dutton on Patrick action going on here.

Another partisan stalemate has broken out in the final days of the second special session called by Gov. Greg Abbott this year, again imperiling the jobs of 2,100 legislative staffers along with two key conservative priority bills.

On Monday night, Rep. Harold Dutton, D-Houston, abruptly adjourned the House Public Education Committee, which he chairs, without voting on two bills prioritized by Lt. Gov. Dan Patrick, the leader of the Senate: a bill that would limit how educators can teach social studies and talk about race at Texas public schools, referred to as the “critical race theory bill,” and another that would require transgender students to participate in sports based on the gender listed on their birth certificate instead of their gender identity.

“We have gotten to the point now where the Senate has adopted certain principles and practices that I don’t think bode well for this Legislature. I think that what’s happened is we have allowed them to do certain things and they disrespect the House in certain fashions,” Dutton said. “It has gotten worse to the point where today, what I am told, is that if we don’t pass these two bills — the [critical race theory] bill and the transgender bill — the Senate is not going to consider trying to fix the funding in Article X. So, I want to see if he has his big boy pants on. This meeting is adjourned.”

Article X refers to the section of the state budget that covers funding for the state Legislature and other independent agencies that support its work. Abbott vetoed legislative funding in June in retaliation for the defeat of his priority election and bail changes bills when Democrats first walked out of the House in May during the final days of the regular legislative session.

The Legislature was set to lose its funding this month, as the new fiscal calendar starts Wednesday, but Abbott and legislative leaders extended its funding through the end of September. Still, the Legislature has not passed a long-term solution for the rest of the next two-year budget cycle, putting in peril the livelihoods of the staffers funded through the Legislature. Lawmakers salaries are constitutionally protected and therefore not affected by Abbott’s veto.

House Bill 5, a wide-ranging bill that includes funding for a 13th check for retired schoolteachers and the restoration of legislative funding, was set to be heard on the chamber floor Monday, but its author, Rep. Greg Bonnen, R-Friendswood, suddenly postponed its consideration until Wednesday. On Tuesday, Rep. Chris Turner, D-Grand Prairie, asked the House to reconsider the motion by which the bill was postponed, which would allow lawmakers to take up the bill immediately. The vote failed by a vote of 74-49.

Dutton did not say who had told him that the Senate would not pass the legislative funding bill until the House passed the two bills in his committee. His office has not returned a request for comment from The Texas Tribune. Patrick’s office did not immediately return a request for comment.

I’ll never complain about someone spitting on Dan Patrick, but Harold Dutton is hardly a hero here. He has already shown that he doesn’t care about trans kids, and it’s clear that his interest here is in not getting rolled by the Senate. That said, no one with any power in the House has stood up for the restoration of Article X funding, which continues to be in jeopardy and clearly isn’t anything Dan Patrick cares about. It’s pathetic how little pushback Dade Phelan and the House Republicans have given to Greg Abbott on this, which leaves that task to the likes of Dutton, who does know what to do with the power he has. There’s no one to cheer for in this story, and I feel confident that Dutton will give Patrick what he is demanding if Patrick plays ball, but at least for now he’s standing for something worthwhile. The Chron has more.

Supreme Court upholds Abbott’s power grab

Ugh.

The Texas Supreme Court on Monday denied a request from several Democratic House members and state employees asking the justices to overturn Gov. Greg Abbott’s veto of legislative funding in the upcoming two-year state budget.

Abbott vetoed the funding in June after House Democrats walked out during the final days of the regular legislative session in May, killing two of his priority bills on elections and changing the state’s bail system. Abbott then brought the Legislature back for a special session to get the bills passed, but more than 50 House Democrats again broke quorum — denying the lower chamber of the number of present members needed to move bills — by decamping to Washington, D.C., until the 30-day session ended Friday.

Democrats challenged Abbott’s veto in court, saying it stripped their power as a “co-equal branch of government.” But the Texas Supreme Court on Monday sided with Abbott on his veto that will effectively defund the Texas Legislature, its staffers and legislative agencies later this year.

[…]

In an unsigned opinion, the all-Republican court said the lack of funding for the legislative branch “continues to exist not because of a dispute between the Governor and the Legislature, nor even because of one between the Governor and a minority of House members. Rather, the principal dispute is among the members of the Legislature.”

“This political dispute within the legislative branch is not an issue of separation of powers that we can decide,” the court said in its opinion.

[…]

The court said House Democrats could have worked with other lawmakers during this year’s first special sessions to reinstate Article X of the state budget, which covers legislative funding, without having to pass any other bills. They also could have worked with their fellow lawmakers to pass the bill more than 10 days before adjournment, which would have made it veto-proof. But they chose not to do so.

“Relators argue that the Governor is unconstitutionally coercing them to vote for legislation that he favors. But the Governor has not forced the Legislature to enact his priorities before addressing its own funding,” the opinion read. “The Legislature was free to use the special session to reinstate Article X funding. It could have done so without addressing any of the other items listed in the Governor’s call.”

“[T]he Governor’s veto of Article X followed by his call of a special session neither prevents the Legislature from funding itself nor forces the Legislature to enact legislation of the Governor’s choosing,” the opinion read.

The court noted that Abbott was trying to advance his favored pieces of legislation but that a majority of lawmakers in the GOP-dominated Legislature also supported those bills.

The court said the Democrats’ alleged injury may have started with Abbott’s veto, but continued only because they could not agree with their fellow lawmakers “over the order in which to consider legislation.”

You can read the unsigned opinion – there’s a load of political courage, I tell you – here. I didn’t expect the Supreme Court to wade into this, when it would be so much easier to avoid it, but this is just sophistry. The only reason there was a special session is because Abbott called one, as he has the sole power to call them. Would the Supreme Court feel differently if he hadn’t, or if he hadn’t added Article X funding to the special session agenda, another thing he has control over? Or is it now the case that constitutional separation of powers is entirely dependent on the calendar?

It is what it is at this point. The Article X funding will get restored, likely pretty soon at this point, and we’ll all go on our merry voter-suppression way. Just don’t come crying to me when a future Governor zeroes out Supreme Court funding. The Chron has more.

Meet the new special session

Same as the old special session, at least at first.

It appears likely that not enough Democrats will show up for the Texas House to conduct business when a second special legislative session convenes Saturday.

Some of the more than 50 Democratic representatives who fled Texas to foil the first special session began trickling out of their Washington, D.C., hotel and heading home Friday. But 27 members have committed to staying in the nation’s capital. At the same time, Democrats were working to confirm that at least 50 members will pledge to not return to the House floor on Saturday even if they are back in Texas.

If that happens, the chamber would again be deprived of a quorum to conduct business for at least a few days. And it could set up a showdown over whether House Speaker Dade Phelan has the authority, and political will, to compel Democratic representatives in Texas to show up at the Capitol.

The ongoing absences would further delay any consideration of the 17-item agenda Gov. Greg Abbott has set for the 30-day special session, including a contentious voting bill, which Republicans have vowed to pass into law, that motivated Democrats to leave the state last month. Two-thirds of the 150 member chamber must be present to conduct business. One seat is currently vacant.

“If you’re looking for us to telegraph exactly what we’re going to do over the next couple days, we’re not going to do that at this time,” state Rep. Chris Turner, the Democratic caucus chair, said earlier in the day. “The governor would love us to do that, but we’re not going to.”

The House Democratic caucus would not confirm any details about its next move as of Friday evening after marking the last day of the first special session that was derailed after 57 members broke quorum.

The number of Democrats actually in Washington had appeared to dwindle to about 40 members over the last few days. But with 27 Democrats planning to stay behind, even some of the Democrats seen departing from their hotel in Washington on Friday indicated the House floor may not be their destination.

[…]

“If Congress is in session, we’re in session,” state Rep. Trey Martinez Fischer, D-San Antonio, said earlier in the day. “Our job is here, and we will have a significant number of members staying here and waiting day by day, engaging day by day, finishing the fight.”

Well, we’ll see. We ought to know early on what the head count is. In one of the earlier stories I saw, it was noted that the Republicans are also not quite at full strength, as some are on vacation or otherwise not available – Jake Ellzey is now in Congress, so right there they’re down one – and that means they need that many more Dems to show up to get to 100. We don’t know if Speaker Dade Phelan is going to follow through on the threat to use DPS to hunt down wayward Dems in the state and drag them to Austin. We may eventually get a quorum, but it won’t happen right away.

Later on Friday, this happened.

Twenty-two Texas House Democrats sued some of the state’s top Republican leaders in federal court in Austin late Friday, alleging that GOP officials’ efforts to bring them home for a special legislative session infringed on their constitutional rights to free speech and to petition the government for redress of grievances.

The lawsuit was filed on the final day of the first special session called by Gov. Greg Abbott — and on the eve of a second specially called legislative session — and names as defendants Abbott, House Speaker Dade Phelan and State Rep. James White.

[…]

It’s unclear why White was listed as a defendant. White said Friday night he was not aware he’d been sued or why he was named as a defendant. The lawsuit also did not use Phelan’s legal name, which is Matthew McDade Phelan.

Abbott and Phelan did not immediately have a statement on the lawsuit.

The Democrats’ attorney, Craig Anthony Washington, a former Democratic lawmaker, did not respond to a request for comment. Washington is practicing law under a probationally suspended license, according to the State Bar of Texas.

The lawsuit alleges that some Democrats are being targeted because of their race and skin color, but then provides no evidence.

It also claims the three Republican lawmakers acted together under the “color of law” to cause the harm alleged in the suit, but then points no specific harmful actions other than “public statements.” The lawsuit also says some individual plaintiffs experienced “retaliatory attacks, threats and attempts at coercion relating to the exercise of their First Amendment rights” but again does not provide specifics.

The plaintiffs listed in the case are state Reps. Senfronia Thompson, Trey Martinez Fischer, Gene Wu, Vikki Goodwin, Ron Reynolds, Eddie Rodriguez, Jon Rosenthal, Jasmine Crockett, Mary Ann Perez, Alma Allen, Christina Morales, Nicole Collier, Celia Israel, Ana-Maria Ramos, Barbara Gervin-Hawkins, Terry Meza, Donna Howard, Jarvis Johnson, Ray Lopez, Shawn Thierry, Elizabeth Campos and Gina Hinojosa.

The lawsuit alleges that the three Republican lawmakers have attempted “by public statements and otherwise, to attempt to deny, coerce, threaten, intimidate, and prevent” the Democrats and their constituents from voting in all elections, petitioning the government for redress of grievances, speaking publicly about their constitutional rights, exercising their right of association and their right to not being arrested without probable cause. The Democrats allege that in acting together, the defendants engaged in a conspiracy to deprive them of their constitutional rights.

Because of the defendant’s actions, the complaint alleges, the plaintiffs have been “deprived of liberty for substantial periods of time, suffered much anxiety and distress over separation from their families, and much discomfort and embarrassment.” They also have suffered damages to their reputations and have had to spend time traveling to Washington to lobby Congress to pass laws that would protect voting rights.

That sounds pretty unlikely to me, even without the issues noted for attorney Craig Washington. You can read a copy of the lawsuit and come to your own conclusions, but this seems like an extreme longshot. And as to why Rep. White was named as a defendant, my guess is it stemmed from his request for an AG opinion suggesting that the quorum-breaking Dems had “vacated” their seats. Even if you could count on Ken Paxton’s office to give an honest answer, that seems like a big escalation of the stakes.

And in other desperation moves, there’s this.

Texas Republican leaders said Friday they were extending “an additional month of funding” for the Legislature as a deadline to reinstate those dollars vetoed by Gov. Greg Abbott nears, which could cost some 2,100 state workers their salaries and benefits.

The announcement Friday by Abbott, Lt. Gov. Dan Patrick and House Speaker Dade Phelan comes a day ahead of the beginning of a second special session, where it’s still unknown whether enough state lawmakers in the lower chamber will convene in time to restore the funding long term.

[…]

Citing an emergency, the Legislative Budget Board requested the transfer of funds, according to a memo dated Aug. 6 from Abbott responding to the LBB’s proposal. Funds amounting to at least $12.6 million will be transferred from the Texas Department of Criminal Justice to the Senate, the House, and legislative agencies such as the LBB, the Legislative Council and the Legislative Reference Library.

Abbott referenced his veto in that memo, reiterating his position that “funding should not be provided for those who quit their jobs early and leave the state with unfinished business, exposing taxpayers to higher costs for additional legislative sessions.”

“However, in order to ensure the Legislature is fully resourced to do the work of the next special session,” he wrote, “I recognize that the partial restoration the Legislative Budget Board had proposed is necessary.”

The extension announced Friday means that those legislative employees and legislative agencies will have funding intact through Sept. 30 instead of Sept. 1, when the next two-year state budget takes effect.

I thought the LBB could only meet when the Lege was not in session, which is certainly was on Friday. If this is all it took, then why not act sooner? And why not free up more money? This has the feel of something half-baked, though I suppose if no one challenges it in court there’s nothing to stop it. And hey, even if someone does challenge it in court, the Supreme Court will just sit on it until the matter becomes moot anyway, so what difference does it make? We’re off to a roaring start here, that’s for sure.

Special session 2.0 coming right up

Here we go again.

Gov. Greg Abbott announced Thursday that the second special legislative session will begin at noon Saturday — and with an expanded agenda.

The 17-item agenda still includes well-known Abbott priorities like the election bill that caused House Democrats to flee the state at the start of the first special session, which ends Friday. But it also features six additions, including the spending of federal COVID-19 relief funds and potentially changing the legislative rules regarding quorums.

[…]

The start of the second special session is approaching amid continued uncertainty over the fate of paychecks for over 2,100 legislative staffers. Abbott vetoed their pay after House Democrats staged a walkout over the elections bill in the regular session that ended in May, and the funding was set to start Sept. 1.

The reinstatement of that funding remains on the agenda for the second special session.

The new items on the call also include legislation to protect Texans from radioactive waste and to change the timeline for the 2022 primary elections. The latter item is likely a nod to the fact that the primaries will have to be pushed back due to delays in the redistricting process.

The item on changing the rules around quorums comes after Lt. Gov. Dan Patrick called on Abbott to add something like it to the agenda for the second special session. The lieutenant governor wants to lower the threshold for each chamber to conduct business from two-thirds of members to a simple majority. That would require a state constitutional amendment and thus a two-thirds vote in each chamber.

As for education during the pandemic, Abbott is asking lawmakers to pass legislation that “in-person learning is available for any student whose parent wants it.” He also wants legislation that ensures that masks and vaccinations are not mandatory in schools, which he has already ordered through executive action.

Not anything here that would make it more enticing for the Dems to come back, that’s for sure. The item about changing quorum rules is cute, but if it needs a 2/3 vote to pass as a constitutional amendment, I would not expect it to go anywhere, for all the obvious reasons.

What will the Dems do? They haven’t said yet, and as before I don’t know. Looking back, they didn’t get a voting rights bill passed, not that anyone could have expected that, though it’s fair to say there’s a lot more pressure being applied on President Biden and the Senate Dems to make that happen. Perhaps the new “Right to Vote” bill by Sen. Ossoff has a chance – it wouldn’t address everything – redistricting reform would be a key omission – but it would help. As expected, between the infrastructure bill and the January 6 committee hearing and our national fruit fly-level attention span, they’re getting maybe one percent of the press coverage they got when they first left, but again, I don’t know what could have changed that. They successfully killed off the first session, and for the most part the Republicans have been able to do little but sputter and post the occasional juvenile photo on Instagram, so I’d call this a draw. A draw that still inevitably ends with them back in Texas and the odious bills they have been able to stop so far getting passed anyway. Again, it was always going to be this way, barring a miracle from Sens. Manchin and Sinema.

Two other points: One is that redistricting data is soon to arrive.

Ideally for the Republicans, they breeze through this session, finish up all the business they want to get done, then get a short break before embarking on this much more involved task. They want to get to this quickly to foreclose even the minimal possibility of a federal voting rights bill that includes preclearance and redistricting reform being enacted. The ideal scenario for Dems is less clear to me, but running more time off the clock so that the original special session items have to take a back seat to this is probably better than what I just laid out as being best for the GOP. In short, the best outcome is still bad unless there’s some federal action to mitigate the damage.

As for restoring legislative funding, the Quorum Report posted an item just before the new special session was announced that suggested the possibility of the Legislative Budget Board moving some money around to fix that problem. Unfortunately, the LBB can only meet when the Lege is not in session – the QR report speculated that they would have this weekend to do that, with Special Session 2.0 being called for Tuesday – so that is off the table. That means that either the Dems show up and the Lege fixes it, the Supreme Court rules that Abbott’s veto was unconstitutional (AS THEY SHOULD ANYWAY), Abbott himself uses his emergency powers to plug the hold he dug, or the funding runs out and who knows what happens to redistricting. You know that sequence from “Animal House” where the Deltas have sabotaged the marching band and the parade they were in has devolved into chaos? That’s the energy I’m getting from all this now. I’ll leave it to you to decide who Bluto and Niedermeyer are in this analogy. The Chron has more.

UPDATE: More here from the Trib, reiterating that House Dems have not committed to a specific action just yet.

“I’ve lost track of what day it is” quorum-busting post: What next?

Hey, guess what: The current special session will be over soon, like this Saturday. What happens next?

Uncertainty is running rampant among Texas Democrats and Republicans as the final days of the special legislative session dwindle away.

The session officially ends Friday, and lawmakers are already gearing up for a second special session as House Democrats show zero interest in returning from Washington, D.C., and restoring quorum in the lower chamber for this session.

Abbott has promised to call a second special session to pass the GOP’s priority voting bill, but the exact timing is uncertain. Abbott also has yet to detail what other items, if any, he intends to include on the agenda for the next special session. And House Democrats have not yet revealed what they have planned after the session ends this week.

At stake is the fate of the elections bill, which prompted Democrats who object to the legislation to leave in the first place, as well as the livelihoods of some 2,100 state workers and legislative agencies that are set to lose funding next month.

Everyone agrees Abbott will call another session, likely for next week. Abbott says it will have all of the current items on it for Special Session 2. No one knows yet what the Democrats will do. No one knows when or if the Supreme Court will rule on Abbott’s line item veto of the legislative budget. Which, by the way, is something he had thought of before, because he’s a wannabe autocrat and much like Trump knows that the Republican sycophants in charge of the Legislature will never hold him accountable for anything. No one knows if there will be redistricting repercussions of the legislative budget veto, or if its funding can be restored in time for that work to begin. You can read the rest of the story for more details, but that’s the big picture. Hasn’t this been fun?

When might SCOTX rule on the line item veto thing?

The short answer to that question is “who knows, when and if they feel like it”. I’m just going to focus on the analysis part of this, because that is what interests me more.

Legally, the case hinges on whether the Texas Constitution allows a governor to cut off funding for an equal branch of government.

Politically, it’s unclear whether the court would be doing Abbott a bigger favor by upholding his veto power, or by extricating him from a stalemate that’s not going his way.

Either way it goes, the case will have broad implications for the future of Texas governance, said Brandon Rottinghaus, a political science professor at the University of Houston.

If the veto is upheld, it strengthens executive power, giving Abbott and future governors a new axe to wield over the Legislature.

“This is well beyond the Schoolhouse Rock version of how government works,” Rottinghaus said, referencing a children’s animated series that simplified political concepts into cartoons. “This is a political story as much as it is an institutional separation of powers story. So it’s going to really push the boundaries of what’s allowable in Texas, especially in its governor.”

And if Abbott’s veto is upheld it would likely deflate the Democrats who fled to Washington D.C, leaving them to shoulder part of the blame if about 2,100 legislative staffers lose their jobs come fall.

“It takes a lot of the wind out of the sails of the Democrats if the courts back the governor in this fight. So that’s really, I think, what they’re waiting for,” he said. “The bottom line is that they can’t keep doing this forever, that the Democrats are going to see that at some point, politically, they’re not getting any more purchase.”

And the court itself could face political repercussions when its members are up for reelection. Courts have not pushed back on executive power for decades, Rottinghaus said. The doctrine of separation of powers has been eroded over the last couple of decades, he says, and if the court takes Abbott’s side, then it’s likely to further blur the line.

“I’m a big believer in separation of powers. I don’t think this is a partisan argument,” Rottinghaus said, saying he wished the whole Legislature, both parties, would “stand up for itself collectively” against the move. “To boil it down, this is basically a question about which power’s more robust, the power of the executive veto or the separation of powers — institutions that have been weakened by political fights.”

[…]

Jeffrey Abramson, a University of Texas at Austin law and government professor, says he believes the veto infringes on the Texas Constitution.

“Like every other state constitution and the U.S. Constitution, the Texas Constitution is based on the fundamental principle that separating government power among three coequal branches of government is the best way to limit the possibility of tyranny,” Abramson said in emailed comments. “Gov. Abbott’s defunding of the Legislature, by vetoing the part of the budget that provides funds for the legislature, is a clear and frightening attack on separation of powers. It is an attempted executive coup.”

It’s unclear when the Texas Supreme Court could rule on the issue — or if it will at all. It could rule any day now, delay a decision or decide the court does not have the jurisdiction over the case at all. The justices could also rule to disallow part of the veto — for example, legislators are allowed a per diem payment under the constitution — or find that the issue is not yet ripe and punt it down the road to decide at another time. Attorneys for House Democrats asked for the court to expedite its decision “well before” the new budget comes into effect.

“If I had to really put money on it, I would say that the court would back the governor’s veto, in part because they might view this as being a temporary political skirmish that can be resolved,” Rottinghaus said.

[…]

If the veto is deemed constitutional, House Democrats warn it will set a dangerous precedent.

“People need to understand that going forward, every governor will be using this power. Every Legislative session will involve a list of demands, [and] it will be explicit or implicit that if the governor doesn’t get this legislation, and then the legislature won’t exist,” said Chad Dunn, attorney for the House Democrats who filed the petition to the Supreme Court, in an interview. “That is dangerous stuff, and it’s got to be remedied immediately.”

The House Democrats also warn the state’s top court: if it happens to us, it could happen to you, too. They argued in court filings that if the governor can defund the Legislative branch, a co-equal branch of government, for going a way he disagrees with, he could then turn around and do the same to the state’s top court.

Abramson agrees.

“Imagine a governor that stripped Texas courts of funding as a way of retaliating against a decision the governor did not like and as a way of pressuring the courts to do his bidding,” he said. “No one would think the governor had such power. But he has done the equivalent to the Legislature.”

Just for the record, I’ve already imagined that. It wasn’t hard at all to imagine. Doesn’t mean that the great legal minds that make up our Supreme Court have imagined it, or are capable of imagining it. But some of us can, and did.

Separation of powers is baked into the state constitution, Rottinghaus said. If Abbott’s veto is upheld, it could throw off the balance completely.

Charles Rhodes, a Texas constitutional law professor at South Texas College of Law Houston, agreed.

“Using the line item veto power as a sword to make the other branches yield to his will, that’s going to totally upset the original foundations of the very strict separation of power scheme that the founding fathers of the Texas Constitution of 1876 envisioned,” Rhodes said.

If the veto is deemed valid, then it will likely cause permanent change to the power structures in Texas, he said.

“Sometimes, Texas is referred to as a weak governor state,” Rhodes said. “But if the governor can start leveraging vetoes to control legislation and to control the courts, then our governor just became one of the most powerful gubernatorial officials of any state.”

I mean, what else is there to say? The state’s arguments in favor of the veto are total weaksauce. This really shouldn’t be a hard question. It’s just a matter of whether the Supreme Court has the guts, and the imagination, to properly address it.

Day 9 quorum busting post: See you in August

Here’s your endgame, more or less.

Texas House Democrats will not return to the state until after the special session of the Legislature is over, one of the leaders of their walkout confirmed Tuesday.

State Rep. Trey Martinez Fischer, D-San Antonio, said they expect to return to Texas on Aug. 7 — when the 30-day special session aimed at passing new voting restrictions is required to end.

“It will be our plan on that day — on or about — to return back to Texas,” Martinez Fischer told advocates of a group Center for American Progress Action Fund, that is led by former White House Chief of Staff John Podesta, a Democrat. “Then we will evaluate our next option.”

[…]

He said Democrats want to soften some of the “sharp edges” of the voting restrictions Republicans are proposing — specifically, how the GOP bill enables felony charges against election officials who violate its provisions, as well as for people who help voters fill out their ballots without the proper documentation, even for inadvertent offenses.

“There really has been no attempt to negotiate in good faith,” he said. “We are all putting our hopes in a federal standard.”

Other Texas Democrats have said their plan right now is to keep their caucus unified and focused on spurring national action. State Rep. Ann Johnson, D-Houston, said Abbott’s threats to have them arrested or to call more special sessions don’t mean much to her.

“Our presence here together ensures that those Texans who are not being heard by Gov. Greg Abbott continue to be stood up for,” Johnson said.

Democrats on Tuesday said while in Washington, they are pushing for a meeting with President Joe Biden and were continuing to meet with key leaders. That included a strategy session with U.S. Rep. James Clyburn, a top leader in the House from South Carolina.

But if the Texans are counting on Congress acting, they don’t have much time. The U.S. House goes on its annual August recess starting July 30 and the U.S. Senate leaves a week later. Neither returns to Washington until after Labor Day.

When Texas Democrats do finally return, Abbott has made clear he’ll call them back into special session again to pass an elections bill and other key priorities of Republicans who control the agenda in state politics. The Texas Constitution allows the governor to call as many special sessions as he wants, but each cannot last for more than 30 days.

It’s the Senate that matters, and their recess (assuming Majority Leader Chuck Schumer allows it in full) corresponds to the end of Special Session #1. The House is not the problem for the Dems. Same story, different day.

Timing may be a problem for Greg Abbott, as Harvey Kronberg suggests.

HK: Article X Veto may have compromised full Republican control of redistricting

In theory at least, Democrats may have leverage they should not otherwise have; Article X cannot be revived without a special and with a hard August 20 deadline looming, the Legislature is on the edge of mutually assured destruction

“The Democrats’ claims about the governor’s veto ‘cancelling’ the legislative branch are misleading and misguided. The Constitution protects the legislative branch, and as the Democrats well know, their positions, their powers and their salaries are protected by the Constitution. They can continue to legislate despite the veto” – Gov. Greg Abbott, responding to the Democrats’ Texas Supreme Court request to overturn his Article X veto.

Let’s be clear up front.

The conventional wisdom is that although there is a threat of arrest upon arrival, the House Democrats will come back at some point and watch Republicans pass some version of their election bill. A substantive question is whether the bill becomes more punitive due to Republican anger over the quorum break.

Let’s not bury the lede here. The House is boiling and Governor Abbott’s veto of legislative funding could conceivably lead to Republican loss of control in redistricting. While there is much chest beating and both feigned and real anger over the quorum bust, it camouflages a much bigger issue.

The rest is paywalled, but I was able to get a look at it. The basic idea is that per Comptroller Glenn Hegar, the state has until August 20 to reinstate legislative funding for the software to be updated in time to write checks for the next fiscal year beginning September 1. If that hasn’t happened by then, the Texas Legislative Council, which does all of the data crunching for redistricting, goes offline. No TLC, no ability to draw new maps. Pretty simple, as far as that goes.

What happens next is unclear. If the Lege can’t draw maps, that task falls to a federal court for the Congressional map. They wouldn’t have the needed data, and they wouldn’t have a default map to use as a basis, since the existing map is two Congressional districts short. The Legislative Redistricting Board draws the House, Senate, and SBOE maps if the Lege doesn’t, but they wouldn’t have data either, and per Kronberg “the LRB cannot constitutionally convene until after the first regular session in which census numbers have been received. (Article 3, Section 28).” Which is to say, not until 2023. You begin to see the problem.

Now maybe funding could be restored quickly, if Abbott were to call everyone back on August 8 or so. But maybe some TLC staffers decide they don’t need this kind of uncertainty and they move on to other gigs. Maybe Abbott declares another emergency and funds the TLC himself, though that may open several cans of worms when the litigation begins. Maybe the Supreme Court gets off its ass and rules on the line item veto mandamus, which could settle this now. Indeed, as Kronberg points out, the amicus brief filed by the League of Women Voters is expressly about the failure of the Lege to do its constitutional duty in the absence of funding for the TLC.

There are a lot of things that could happen here, and Kronberg is just positing one scenario. His topline point is that any outcome that includes a court drawing maps is a big loss for Republicans, for obvious reasons. Does that provide some incentive for “good faith negotiation”, if only as a risk mitigation for the Republicans? I have no idea.

One more thing:

When Texas Democrats staged a walkout at the end of the regular legislative session in late May, they successfully killed Republicans’ prized bill: a slew of restrictions on voting statewide. Or that’s how it seemed at the time, at least.

Less than three weeks later, Gov. Greg Abbott announced a special legislative session specifically aimed at passing an equivalent version of the so-called election integrity bill alongside other conservative legislative priorities.

The same day Abbott announced his plan for the special session, AT&T, whose CEO has said the company supports expanding voting rights nationwide, gave Abbott $100,000 to fund his reelection campaign.

[…]

In April, AT&T CEO John Stankey told The Hill that the company believes “the right to vote is sacred and we support voting laws that make it easier for more Americans to vote in free, fair and secure elections.”

In an email, an AT&T spokesperson said, “Our employee PACs contribute to policymakers in both major parties, and it will not agree with every PAC dollar recipient on every issue. It is likely our employee PACs have contributed to policymakers in support of and opposed to any given issue.”

How could the left hand possibly know what the right hand is doing? It’s a mystery, I tell you.

More briefs in the lawsuit over the line item veto

I sure hope this means a ruling is on the horizon.

Attorney General Ken Paxton’s office has asked the Texas Supreme Court to toss a lawsuit brought by House Democrats over Gov. Greg Abbott’s move to veto funding for the Legislature, arguing that lawmakers improperly blocked the issue from being resolved when they fled the state.

After Abbott vetoed the portion of the coming two-year state budget that funds the Legislature and its staff, known as Article X, more than 50 Democratic state House members filed a lawsuit accusing the Republican governor of violating a constitutional provision that provides for three separate and independent branches of government. In calling lawmakers back to Austin for a 30-day special session, Abbott gave them the option to restore the funding.

In a filing Tuesday evening, Solicitor General Judd Stone wrote that the special session is the “forum for addressing the very issue in dispute, yet it is (the Democrats) who are preventing that outcome by purposefully stopping the Legislature from being able to exercise its constitutionally granted powers.”

[…]

Stone went on to argue that the matter “is a political question unsuited for adjudication” that should instead be resolved by the legislature.

“By staging another walkout, …House Democrats are forcing the Legislature into the result they say would injure them—the lack of Article X funding,” Stone wrote. “Proceeding with this case would improperly reward (Democrats) for their misguided attempt to manufacture jurisdiction and would waste this Court’s resources.”

Democrats responded to the filing Wednesday, arguing there is no link between the lawsuit and Democrats’ quorum break. Chad Dunn, the Democrats’ attorney in the case, framed the court filing by Paxton’s office as an “attempt to blame the victim by putting the onus on the Legislature to rectify Governor Abbott’s unconstitutional conduct.”

“Governor Abbott’s veto violates the constitutional guarantee of separation of powers by effectively abolishing a co-equal branch of government. The recent events in the Texas Legislature do not change that fact,” Dunn wrote. “Rather, they confirm the need for this Court to decide whether Governor Abbott may threaten the Legislature’s existence — and hold hostage the more than 2,000 public servants who work for it — as a means of achieving his legislative objectives.”

See here and here for the background. I’m sorry, I Am Not A Lawyer and I clearly have a rooting interest in the outcome, but the state’s argument is transparently self-serving. Abbott is entirely the reason we’re in this situation. He vetoed the funding. Only he had the power to call a special session, and to set the agenda, to give the Lege a chance to respond. He could have only put Article X funding on the agenda, at least until that was resolved. The only way out of this conundrum that doesn’t give all the power to Abbott is to declare that he cannot veto the funding for the legislative branch. (And again, if he can do that, he can also veto the Supreme Court’s funding.) The state constitution makes no sense otherwise.

The Statesman gives more of the Democrats’ response.

“Governor Abbott’s veto violates the constitutional guarantee of separation of powers by effectively abolishing a co-equal branch of government. The recent events in the Texas Legislature do not change that fact,” their lawyers told the court in a response filed Wednesday.

If anything, the quorum break that has hamstrung the special session demands the court’s answer to the central question: “Whether Governor Abbott may threaten the Legislature’s existence — and hold hostage the more than 2,000 public servants who work for it — as a means of achieving his legislative objectives,” the Democrats argued.

What’s more, they said, Abbott has not said he will sign into law a bill restoring the money.

“There is good reason to think he will not unless and until the Legislature has first fulfilled his other agenda items,” said the letter signed by lawyers Jim Dunnam and Chad Dunn.

Instead of accepting the argument that Abbott’s veto is an improper intrusion on another branch of government, Republicans are working to “blame the victim” by putting the onus on lawmakers to correct Abbott’s unconstitutional action, they argued.

“It is the Governor’s unconstitutional veto that is harming (House Democrats) by defunding the Legislature — not the subsequent decision by some Members to push back on this unprecedented break in the constitutional structure by breaking quorum,” Dunnam and Dunn wrote.

I do sympathize with the Supreme Court not wanting to rule on this hot potato, but if they can’t stand the heat they shouldn’t have run for the Court in the first place. Put on your grownup pants and do what needs to be done.

Day 3 not as long omnibus quorum busting post

Let’s jump right in…

Who’s paying for Texas Democrats’ trip to DC? Beto O’Rourke has already raised $400K.

Beto O’Rourke’s political action committee has raised nearly half a million dollars to support Texas Democrats’ escape to Washington, D.C., he said Tuesday night.

O’Rourke, a former El Paso congressman and possible 2022 candidate for governor, has been soliciting donations for the Democrats on Twitter since they fled to the nation’s capital on Monday. It’s the second time House Democrats have broken quorum in about six weeks to kill a controversial elections bill championed by Texas’ GOP leaders.

The PAC, Powered By People, has raised more than $430,000 so far, O’Rourke said.

“Up to them to use it for whatever keeps them in the fight for as long as it takes,” he said.

The 60 or so fugitive Democrats have repeatedly said that no taxpayer dollars are funding the expenses for their stay in Washington, which could last as long as Aug. 7, the end of the special session in Austin. Legislators have been using campaign funds and personal funds, they said.

State Rep. Trey Martinez Fischer, D-San Antonio, said he paid for the first night of hotel rooms and meeting spaces for the group on Monday.

The effort has garnered national attention, and some celebrities have joined the fundraising push. Texas icon Willie Nelson and his wife, Annie, matched $5,000 in donations on Tuesday.

The Trib also covered this topic. Greg Abbott has been out there claiming the Dems are using taxpayer funds for this journey, which is nonsense. As I said up front, of course this is going to be a fundraising opportunity for the Dems, partly because firing up the base is a key component and partly because they’re going to need it. It’s pretty simple.

Behind the partisan drama lies a profoundly serious struggle over who gets shut out under Texas voting laws.

The dramatic exodus of Democratic Texas lawmakers to block a Republican voting bill has choked the political airways in a haze of confusion, posturing and finger-pointing.

But beneath the smoke, a fire rages.

Many Democrats, especially those who are people of color, are incensed, seeing the latest Republican voting bill as another moment of crisis in a state they believe has long marginalized people like them in the halls of power.

Many Republicans, passions stoked by unsubstantiated claims of widespread voting fraud, see their hold on political power slipping away, and are clamoring for a firewall.

The struggle over voting rights in Texas goes beyond the legislative theatrics of the moment. It is fundamentally a clash not just of elected officials, but of the two constituencies they represent. It is a fight over whose voices will be heard that began long before the Democrats shut down the Texas Legislature, and the stakes are not trivial.

The two days preceding the Democratic flight offered a microcosm of the standoff.

[…]

In the lead up to their quorum break, Democrats appeared frustrated at Republicans’ lack of consideration for the fallout voters of color could face from their proposals. Throughout the legislative debates, they’ve repeatedly pressed GOP bill authors on whether they’ve sought disparate impact studies to assess if their new voting rules would disproportionately harm voters of color. (Republicans have consistently responded they have not.)

But Democrats’ retort since fleeing the state — that their actions are an extreme but necessary effort at safeguarding their own communities from the Republicans in charge of the state — have underlined the reason behind their destination.

Conceding they don’t have the sufficient numbers to block the Texas legislation indefinitely, they have thrust their fight onto the national stage in hopes of helping increase pressure on Congress to pass federal legislation to restore sweeping protections for voters of color.

“Texas’ generations-long pattern of discrimination is not in the past; it is alive and present today in the anti-voter bills before the Texas State Legislature,” state Rep. Trey Martinez Fischer, D-San Antonio, said in a statement about the quorum break. “This is part of a calculated and deliberate Republican plan to chip away at the freedom to vote and to choose our leaders.”

Their remarks echoed the series of federal court rulings in recent years that found state lawmakers have repeatedly and intentionally discriminated against voters of color, often by diluting the power of their votes in selecting their representatives.

The high-stakes fight in Congress centers on a pair of federal bills, including one that could place Texas, and other states with a history of discrimination against voters of color, back under federal supervision of its election laws and redistricting.

For decades, that oversight — known as preclearance — proved to be a powerful mechanism for keeping Texas laws and political maps from going into effect until the Department of Justice or a federal court ensured they wouldn’t undermine the voting rights of people of color.

Before it was wiped out by the U.S. Supreme Court in 2013, preclearance forestalled the adoption of the state’s 2011 redistricting maps before they were revised by the federal courts. It also kept Texas from immediately implementing its stringent voter ID law, which was eventually slightly rewritten as a result of the legal intervention over the way it targeted Hispanic and Black voters who were less likely to have the one of the IDs that were not required to cast a ballot.

Texas Democrats have been able to easily align their efforts with calls for the restoration of those protections because they would wholly benefit the voters of color that are in the majority in most of their districts. Republicans’ political base is more likely to be made up of older, white Texans, while Democrats rely on a more diverse electorate with huge vote counts coming in from the state’s urban metros.

A lot of this is going to be about attention and headlines and winning hearts and minds and news cycles, but at the core there’s a serious policy issue, and Dems are giving it the level of commitment they believe it deserves. I hope that’s one of the messages that gets through to lower-information voters.

‘We are in a state of crisis’ Texas Black faith leaders speak against voter suppression legislation.

In a press conference on Tuesday highlighting Texas Republicans latest push on voter suppression bills, Black faith leaders from across the state asked Gov. Greg Abbott for a meeting to discuss voting legislation.

In addition to the meeting, leaders also asked constituents to participate in the Push Democracy Forward and the Austin Justice Coalition Prayer and Justice March on Voter Suppression at the steps of the Austin Capitol on July 15.

According to Dixon, buses will be provided in cities across the state for constituents who want to participate in the march.

“Texas is headed toward a dangerous tipping point,” Bishop James Dixon, President of the Houston chapter of the NAACP said. “We are indeed a state and a nation in crisis.”

The Black clergy said they are hoping to provide spiritual and moral leadership in the community regarding voting rights.

“We intend to make it clear that this issue is more than political,” Dixon said. “People are being misunderstood and the truth is being misrepresented.”

Dixon also said the Black clergy will be sending an open letter to non-Black clergy colleagues to meet and stand in solidarity.

“We all read from the same Bible thus we should be able to stand together for justice,” Dixon said.

Furthermore, Rev. Frederick D. Haynes III said Austin is the new Selma.

“We’re coming to Austin to say Texas, America, you must be born again,” Haynes said. “Voter suppression and democratic subversion taking place in Texas is a result of an addiction to the big lie and it’s connectected to the terrorist sedition of Jan. 6.”

Not much you can say to that except “Amen”.

Scenarios: Where Texas Dems go from here.

Texas Democrats made national news this week when they once again denied a quorum in the state legislature, preventing the Texas House from conducting business and thus preventing the passage of an egregious voter suppression bill.

So what happens next? Democrats have some options here.

1. LOBBYING TO PASS FEDERAL VOTING RIGHTS LEGISLATION
In flying to D.C. to break quorum, Democrats are continuing their work in a different forum. Their presence expresses urgency to President Biden, Senator Schumer, and Speaker Pelosi to use their majorities to pass federal voting rights legislation.

This is bigger than just Texas, because what we’re seeing in the Lone Star State is what we also saw in state legislative chambers around the country – Donald Trump’s claim that he lost the election due to unsubstantiated voter fraud, also known as “The Big Lie,” has become the basis for voter suppression laws around the country.

Things like limiting the number of polling places in cities but not in rural areas, limiting access to vote by mail, limiting voting hours, criminalizing clerical errors on voter registration cards, allowing judges to overturn elections simply based on claims and not evidence, and empowering partisan poll watchers to interfere with balloting are some of the more egregious efforts in these bills.

Democrats must use their national leverage to protect our free and fair elections, and neither Donald Trump nor state legislatures should be allowed to stifle those elections.

Door #2 is “Keep delaying the special session”, perhaps until the Supreme Court settles the legislative funding veto; Door #3 is “Republicans can negotiate”; and Door #4 is “Democrats return, nothing changes”. We don’t want to open Door #4.

That’s all for today. Tune in tomorrow when I may do another one of these.

Day 2 quorum busting omnibus post

Gonna round up a few stories here. Don’t know how often I’ll be this energetic, or how often there will be this many stories that I see that are worth commenting on, but it is Day Two. We’re just getting started, and there’s lots of people still paying attention.

The cops are almost certainly not coming for the wayward Dems. I mean, come on.

A showdown in the Texas House was locked into place Tuesday after the chamber voted overwhelmingly to send law enforcement after Democrats who left the state a day earlier in protest of a GOP priority elections legislation.

More than 50 House Democrats left Monday for Washington, D.C., to deny the chamber a quorum — the minimum number of lawmakers needed to conduct business — as it takes up voting restrictions and other Republican priorities in a special session.

That agenda, set by Gov. Greg Abbott, includes House Bill 3 and Senate Bill 1, the election legislation at hand that would make a number of changes to Texas’ voting system, such as banning drive-thru and 24 hour voting options and further restricting the state’s voting-by-mail rules. Over the weekend, both House and Senate committees advanced the election bills.

The impact of the House move is unclear since Texas law enforcement lacks jurisdiction in the nation’s capital.

Meeting shortly after 10 a.m., the House quickly established that it lacked the two-thirds quorum required to do business, with only 80 of 150 members participating in a test vote.

Then Rep. Will Metcalf, R-Conroe, chair of the House Administration Committee, moved to issue what is known as a “call of the House” to try to regain quorum. That motion passed 76-4. Metcalf offered another motion, asking that “the sergeant at arms, or officers appointed by him, send for all absentees … under warrant of arrest if necessary.” That motion also passed 76-4.

Metcalf’s motions were opposed by four Democrats who were present on the House floor Tuesday morning: Reps. Ryan Guillen of Rio Grande City, Tracy King of Batesville, Eddie Morales Jr. of Eagle Pass and John Turner of Dallas.

Axios noted Greg Abbott on Fox News shaking his fist and threatening arrest as well. It’s noise – remember, a big part of this is about the PR for both sides – and in all honesty, it’s what I’d do in the Republicans’ position. Let’s just say I will be extremely surprised if anyone is met at the airport by police on the way back.

If 58 Dems went to DC, then there were nine who did not. We know four of them, at least, and they make sense – Guillen and Morales represent districts carried by Trump in 2020, King’s district trended redder in both 2016 and 2020, and Turner is not running for re-election. I’ll be interested to see who the others are. Everyone will have their reasons for their choices, and bear in mind that family responsibilities may well be among those reasons.

The Chron adds a few tidbits.

Rep. Morgan Meyer, R-Dallas, asked [Speaker Dade] Phelan on the floor Tuesday whether Democrats could be removed from committee chair positions for breaking quorum. The speaker said they could not.

Morales, whose gargantuan district spans an area from Eagle Pass nearly to El Paso, said he chose to stay in Texas because he believes it was what his constituents, who tend lean more conservative even among Democrats, wanted from him.

“I felt, and I think what my constituents expected, was for me to be in the Capitol, to make sure that I’m fighting for their rights, and that I fight in opposition to this voter suppression,” he said. “Everyone can fight and they can fight differently. My way of fighting is being here because that’s what my constituents expect.”

Morales said it is clear Democrats would be “steamrolled” when the Republican majority did not give them 24 hours after a House committee hearing this weekend to offer amendments based on the testimony they heard.

“It was just fanfare. They had no intention of actually working and actually coming to play and actually making those modifications necessary to the bill,” he said. “ That is why Democratic leadership decided to take the actions that they did.”

Morales said he expects that Phelan will allow members who ask permission to be excused to leave the chamber on an individual basis. He’ll need to do so to be at work at his day job as a city attorney on Tuesday night.

The process of asking for permission to leave the chamber will likely be repeated every day.

Troopers will now go to the missing members’ homes in their districts and in Austin, and places of work and family and friends’ houses, Morales said.

The Texas Senate, meanwhile, had a quorum of 22 members and was expected to debate its version of the voting bill later Tuesday.

The home visits were a part of the 2003 walkouts as well. You never know, someone might try to sneak home for some reason.

The bit about the Senate having a quorum feels a little surprising even though it obviously isn’t. I don’t know how much incentive Senate Dems have to do anything other than screw around and try to make trouble as they can. As for the likely death of other bills, well, that was priced into the decision to break quorum.

Bills to restrict pretrial release from jail, ban critical race theory in schools and prohibit transgender public school students from competing on teams that correspond with their gender identity were up in the air after dozens of Democratic lawmakers chartered flights to Washington, D.C. But their departure also left in jeopardy more widely-supported measures, like giving more money to retired teachers and restoring vetoed funding for more than 2,100 legislative employees who could potentially go without paychecks starting in September.

[…]

Beside bills on voting and bail, other Republican priorities that are now in danger during Abbott’s 30-day session include efforts to stop social media companies from blocking users for their viewpoints, limiting pill-induced abortions and adding money for policing efforts at the Texas-Mexico border. But the governor also tagged lawmakers to tackle less partisan issues — like adding funds for foster care, property-tax relief and retired teachers. On Monday, he slammed Democrats for leaving those on the table.

One piece of legislation would provide what is known as a “13th check” to retired teachers across Texas. The bills would direct the Teacher Retirement System of Texas to distribute a one-time supplemental payment of up to $2,400 by January of next year.

Committees in the House and Senate unanimously advanced the legislation Friday in some of the earliest committee votes of the special session.

Tim Lee, executive director of the Texas Retired Teachers Association, said its members “desperately need help,” especially after the economic stresses caused by the coronavirus pandemic.

“I think there are mixed feelings,” Lee said of the potential demise of the 13th check proposal due to Democrats leaving the state. “I think that educators care about voting rights, educators care about the truth, they care about working together and compromising and listening — so that’s what they hope both sides of this policy spectrum will ultimately yield, that people will work together.”

As far as legislative employees — who earn a median salary of $52,000 per year — some staffers and a legal representative said there may be other ways to pay the employees of elected officials and those who help all lawmakers write bill drafts and provide cost estimates for legislation.

Lawmakers could potentially roll over money from the current fiscal year, if they have any, to pay their staffers. Or the Texas Supreme Court may rule in favor of the employees and House Democrats in a lawsuit arguing Abbott’s veto was a gubernatorial overreach. And Abbott has used his emergency power to move money around before, as he did by directing the transfer of $250 million from Texas prisons to a border wall down payment.

For Odus Evbagharu, chief of staff to state Rep. Jon Rosenthal, D-Houston, the onus to restore his and his colleagues’ wages is on Abbott.

“I don’t believe it’s on the House Democratic Caucus to answer for that. I think that’s going to be an answer that Governor Abbott’s gonna have to answer himself,” Evbagharu said. “My best guess is you hope he doesn’t further punish staff for decisions that lawmakers are making.”

Most of these bills are garbage, and their death (however fleeting) is a bonus as far as Dems are concerned. The legislative funding issue is entirely on Abbott for his temper-tantrum veto, and I hadn’t even thought about him using emergency powers to override himself. That’s if the Supreme Court doesn’t settle this, AS THEY SHOULD. The extra paycheck for teachers is a genuine shame, but it could be handled in any subsequent special session.

Again I want to emphasize, Greg Abbott has the primary responsibility here. He pushed these divisive, red meat issues, he called the special session to try again on the ones that failed, and he broke all precedent by vetoing the legislative funding. This is his mess.

One thing, though, seems clear: this comes at a very bad time for Governor Greg Abbott, who was already having a pretty bad week. Abbott is facing, so far, three challengers to his right in the Republican primary for governor. The charge from his Republican opponents is that he’s feckless and weak. The quorum break, which is designed to deny passage of one of his priority pieces of legislation, fits neatly into a narrative that he is getting outfoxed by an ostensibly powerless Democratic opposition. That the narrative is largely untrue—Democrats certainly believe they got the shaft this session—doesn’t matter much.

If the crisis resolves by offering concessions to the exiled Democrats, or otherwise weakening the bill, Abbott will catch hell. The best case for him is to “break” the Democrats and win the fight, but taking a hard line could also prolong the crisis. At first, messaging from his camp was uncharacteristically soft, perhaps because it’s not clear what he could say. In a statement Monday, Abbott said Democratic absences were standing in the way of “property tax relief” and other issues, a sign that the governor’s office was uncomfortable centering the election bill that’s the problem here. On Tuesday, he started talking tough, threatening them with arrest and “cabining” in the Capitol if they return to Texas, but both those threats reflect his underlying powerlessness. The main talking point so far, at least on social media, is that the Democrats brought beer with them.

[…]

Abbott’s predicament is one he seems uniquely unfit to solve. Unlike his predecessor, Rick Perry, he has never had much in the way of personal relationships with lawmakers. He has no credibility with Democrats to coax them back. But even Republican legislators don’t trust him very much. Abbott did not help the situation with his decision after Democrats walked out on the last day of the regular session to veto funding for the Legislature in retribution. He is holding Republican staffers and state employees hostage in order to coerce Democrats back to the chamber. That may make Abbott look “tough,” but hurting your allies to spite your enemies isn’t sensible politics.

The one thing Abbott does have going for him here is that the Dems will eventually come back, one way or another, and he will always have to call at least one more special session to deal with redistricting. He could just decide to wait and let the Dems figure out what they’re doing and mostly ignore them until they return. I don’t think he’ll do that, but he does do best when he mostly stays out of sight.

Whatever Abbott does or doesn’t do, things are happening in the Senate.

As Democrats fled the state to avoid voting on a GOP priority elections bill that would restrict voting rights in the state, the Texas Senate approved the bill Tuesday with a party-line vote of 18-4.

[…]

[Bill author Sen. Bryan] Hughes amended the bill to drop requirements for curbside voting that troubled advocates for people with disabilities. The original version of the bill required any person other than the voter using curbside voting to leave the car while the voter was casting their ballot.

Hughes removed that provision to “avoid confusion and not create hardship for anyone with a disability.”

Another amendment by Sen. Angela Paxton, R-McKinney, was intended to bring the bill into compliance with federal laws on voter assistance. It removed provisions from the bill that required people assisting voters to specify under oath how they were providing assistance to a voter and that they were doing so because the voter had a disability.

Sen. Brian Birdwell, R-Granbury, also amended the bill to allow for tents to be used as temporary polling places if a regular polling place sustained physical damage that rendered it unusable. The permission would only grant the temporary permission for one election and would have to be approved by a county commissioners court.

Another amendment by Sen. Paul Bettencourt, R-Houston, required poll watchers to be provided training manuals to educate them about their duties.

Note that eight Senate Democrats are also in DC, with a ninth on the way. That’s not enough to break quorum in the Senate, so on they go with that wretched business.

Meanwhile, what are the Dems trying to accomplish? I’ll give you a hint, it has to do with that other Senate.

At a press conference Tuesday in Washington, DC, the group of Democrats specifically called on Biden and Congress to demonstrate “the same courage” they had shown by traveling to the nation’s capital during a special legislative session that had been called by Texas Gov. Greg Abbott, who has since threatened to arrest the more than 50 Democrats who fled. As they did in a statement confirming their plans to boycott the session before hopping aboard two private planes on Monday, the group once again hailed both the John Lewis Voting Rights Act and the For the People Act as examples of model legislation for protecting voting rights at the federal level and implored Congress to pass them.

“We were quite literally forced to move and leave the state of Texas,” Texas Rep. Rhetta Bowers said in a press conference flanked by some of her fellow state Democrats. “We also know that we are living right now on borrowed time in Texas. And we can’t stay here indefinitely, to run out the clock, to stop Republican anti-voter bills.” Bowers said that although Texas Democrats would use “everything in our power to fight back,” they ultimately needed Congress to act with the same urgency.

“We are not going to buckle to the ‘big lie’ in the state of Texas—the ‘big lie’ that has resulted in anti-democratic legislation throughout the United States,” Rep. Rafael Anchia added.

[…]

Tuesday’s press conference came hours ahead of President Biden’s much-anticipated speech on voting rights in Philadelphia, where he’ll make a forceful condemnation of Republican efforts to enact voter suppression laws. His message, however, is not expected to include support for ending the Senate’s filibuster rules, which advocates say stand in the way of passing meaningful protections for voting rights.

They did get to meet with numerous key Senators, though not yet the two that hold this legislation in their hands. As Slate’s Christina Cauterucci puts it for when and if they do, what the Dems have is an emotional appeal.

The emotional appeal may be the only route left for [Rep. Senfronia] Thompson, her colleagues, and other Democrats who see this moment as a turning point for U.S. democracy. Manchin and Sinema already have all the facts. They’ve shown no willingness to budge. Now, they’ll have to tell a crowd of fugitive Texan legislators singing a civil-rights protest song that their extreme measures to protect the franchise will be for naught.

Like I said yesterday, that is the ultimate grand prize. I hope it has better odds than a Powerball ticket.

Finally, Houston Matters spoke to State Reps. Penny Morales Shaw, who is in DC, and Garnet Coleman, who is not because of health issues, though he is not in Austin. They also spoke to US Rep. Lizzie Fletcher about the subject, for which a YouTube clip is here. And here is the note I think we can all agree it would be best to end on:

Couldn’t have said it better myself.

Quorum broken again

And they’re off.

Democrats in the Texas House of Representatives left the state Monday afternoon en route to Washington, D.C., in a bid to again deny Republicans the quorum needed to pass new voting restrictions with 26 days left in a special legislative session called largely for that purpose.

Upping the ante in both the legislative fight at home and the national debate over voting rights, most House Democrats boarded two planes out of Austin headed for the U.S. capital without a set return date. At least 51 of the 67 Democratic representatives — the number needed to break quorum — were in the process of leaving Monday afternoon, most arriving at Austin-Bergstrom International Airport Monday to board chartered flights that departed around 3:10 p.m.

The House is set to reconvene Tuesday morning, but the absent Democrats would mean there will not be enough members present to conduct business under House rules.

“Today, Texas House Democrats stand united in our decision to break quorum and refuse to let the Republican-led legislature force through dangerous legislation that would trample on Texans’ freedom to vote,” Democratic leaders said in a joint statement released Monday.

With the national political spotlight on Texas’ efforts to further restrict voting, the Democratic exodus offers them a platform to continue pleading with Congress to act on restoring federal protections for voters of color. In Texas, the decamping will mark a more aggressive stance by Democrats to block Republican legislation further tightening the state’s voting rules as the GOP works against thinning statewide margins of victory.

Ultimately, Democrats lack the votes to keep the Republican-controlled Legislature from passing new voting restrictions, along with the other conservative priorities on Gov. Greg Abbott’s 11-item agenda for the special session.

Some Democrats hope their absence will give them leverage to force good-faith negotiations with Republicans, who they say have largely shut them out of negotiations over the voting bill. Both chambers advanced their legislation out of committees on party-line votes after overnight hearings, passing out the bills early Sunday morning after hearing hours of testimony mostly against the proposals and just a few days after making their revived proposals public. The bills were expected to hit the House and Senate floors for votes this week.

[…]

Even if Democratic lawmakers stay out of state for the next few weeks, the governor could continue to call 30-day sessions or add voting restrictions to the agenda when the Legislature takes on the redrawing of the state’s political maps later this summer.

Monday’s mass departure follows a Democratic walkout in May that kept Republicans from passing their priority voting bill at the end of the regular legislative session. For weeks, Democrats had indicated that skipping town during the special session remained an option as Republicans prepared for a second attempt at tightening the state’s voting laws.

House Speaker Dade Phelan, R-Beaumont, said in a statement later Monday that the chamber “will use every available resource under the Texas Constitution and the unanimously-passed House rules to secure a quorum…”

[…]

If a quorum is not present when the House convenes Tuesday, any House member can move to make what’s known as a call of the House to “to secure and maintain a quorum” to consider a certain piece of legislation, resolution or motion, under chamber rules. That motion must be seconded by 15 members and ordered by a majority vote. If that happens, the missing Democrats will become legislative fugitives.

“All absentees for whom no sufficient excuse is made may, by order of a majority of those present, be sent for and arrested, wherever they may be found, by the sergeant-at-arms or an officer appointed by the sergeant-at-arms for that purpose, and their attendance shall be secured and retained,” the House rules state. “The house shall determine on what conditions they shall be discharged.”

It’s unclear, though, what options Phelan may have to compel Democrats to return to the Legislature if they’re out of state.

Past experience would suggest that his options are basically nil. The DC police and the FBI are not going to be rounding them up and putting them on planes.

This is both a fast-moving story, and one that will play out over who knows how long. I’m probably not going to be able to keep up with every story and hot take out there, so feel free to browse the Internet or just scroll through Twitter – if you’re anything like me, you’ll have all the content you can consume and then some. I’m going to highlight what I think are the main salient points:

– What is the exit strategy here? That has always been my question. It was clear that the 2003 Senate Dems didn’t really have one, though one could argue that if they had held out a little longer they might have been able to scuttle the 2003 re-redistricting for the 2004 cycle. Maybe they can negotiate some concessions from Speaker Phelan in return for a promise that they’ll stay put for this session and the next one on redistricting. Maybe that’s a pipe dream. I have no idea. I hope they do.

– This is all about PR at this point. The main thing the Dems have going for them is that their action is extremely popular with their base – if this doesn’t help them with fundraising, nothing will – and there’s nothing on the special session agenda that has appeal to anyone who isn’t a Republican primary voter. (With one exception, which I’ll get to later.) The bottom line here is that they will portray themselves as fighting for a principle, while Republicans will claim they are cowardly running away. There’s no real question about how each side will perceive things, but there is room to affect the lower-information voters. If Dems can look good to them, they will have achieved a key objective.

– Does this help move Joe Manchin or Kyrsten Sinema on national voting rights legislation? I have no idea. It can’t hurt, I suppose. For sure, if an end result is the passage of a voting rights bill, which would necessitate some alteration to the filibuster, that would be a huge, titanic, earth-shaking victory for the Dems, no matter what else happens in Austin. I would not hold my breath, but the Dems are clearly shooting the moon. You can’t say they’re not giving it their all.

– How long can they hold out? Remember, being in Washington DC means not being home, not being with family, not having a whole lot of control over one’s daily routine. Once the adrenaline wears off, and the reality of having to hold out until at least August 6 kicks in, this can very easily become a slog, and just keeping morale up, while also trying to win that PR battle, will be a chore. It’s also got to be expensive – there are no accommodations in DC that will rival the Ardmore Holiday Inn, I suspect. Part of that exit strategy I mentioned above is making sure the inevitable return at least looks like it’s on their terms, and not because they had run out of options or money or resolve, or because they were losing the PR battle. That’s the other end of the spectrum from the “getting a federal voting rights bill passed” side.

– The issue of restoring funds for the legislative branch will remain unresolved while the Dems are away. Maybe the Supreme Court will feel compelled to address the matter, or maybe they will be like “hey, y’all could totally solve this without us, we’re gonna keep out of it”. I hope someone is communicating with the employees who are still out in the cold right now.

– Like I said, none of the rest of the agenda, including items that Abbott may be planning to add, are anything that the average voter cares about. It’s all terrible from the Dems’ perspective, and the fact that things like the anti-trans sports bill is also hung up is a bonus. That’s the one item that has polled reasonably well, however, and it would not surprise me to see the Republicans make some noise about it. I feel confident saying that’s a long-term loser for them, but all we care about right now is the next 30 days, and the next 15 or so months after that.

For now, Dems are riding high, and they will get a lot of positive attention as well as the usual hate. How long that lasts, we’ll see. Even by this time next week, they may be struggling to get news coverage. It’s going to be a hell of a month. The Chron, the Signal, and pretty much every other news outlet (for now) has more.

State House takes a step toward reinstating legislative funding

Good, but it’s just a first step.

Texas lawmakers are moving swiftly to reinstate funding for the Texas Legislature, vetoed last month by Gov. Greg Abbott, that affects the salaries of more than 2,100 employees across several state agencies

The House Appropriations Committee voted on Friday 21-0 to move forward a bill that would reinstate the funding after Abbott vetoed it to punish House Democrats who broke quorum in the final days of the session to kill two of his priority bills. The Senate Finance Committee heard testimony on a similar bill around the same time Friday afternoon, but did not take a vote.

House Appropriations chairman Greg Bonnen, R-Friendswood, who authored the bill, said the funding in it is identical to what the House and Senate had worked out in legislative funding during the regular session.

The bills hit close to home for lawmakers as funding for their staff hangs in the balance. Abbott’s veto of Article X of the state budget wiped out funding for the legislative branch. He said lawmakers who “walk off the job” should not receive compensation, but his action does not affect lawmakers, whose pay is constitutionally guaranteed.

The veto applies to the thousands of staffers who work directly for lawmakers and several state agencies. Those agencies include 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.

If funding for the legislative branch is not restored by September, when the new fiscal year starts, those employees would lose their jobs and benefits, like health care.

I have seen it suggested elsewhere that the Lege should not take any other action until this is signed by Abbott. I don’t expect that to happen, but it would be one way for the Legislative branch to assert its independence. As for the Supreme Court, I’m pretty sure if you listened closely, you could hear their thumbs twiddling. You’re on your own here, y’all.

Here’s your special session agenda

They call this “red meat”, but it’s really just bullshit.

Gov. Greg Abbott has announced the agenda for the special legislative session that begins Thursday, asking lawmakers to prioritize 11 issues that largely appeal to conservatives who wanted more out of the regular session.

The announcement of the agenda came just over 24 hours before lawmakers are set to reconvene in Austin.

The agenda includes Abbott’s priority bills related to overhauling Texas elections and the bail system, as well as pushing back against social media “censorship” of Texans and the teaching of critical race theory in schools. Those issues were anticipated after they did not pass during the regular session and Abbott faced pressure to revive them or had already committed to bringing them back.

[…]

The special session agenda also includes funding for the legislative branch, which Abbott vetoed last month. He did so after House Democrats staged a walkout in the final hours of the regular session that killed the priority elections bill. The inclusion of the legislative funding raises the possibility that lawmakers could restore paychecks for their staff — and other staff at the Capitol — before the next fiscal year begins on Sept. 1. More than 2,000 staffers are affected by the veto of the Legislative funding, which Democrats have called an executive overreach of power.

Late last month, House Democrats and legislative staffers asked the state Supreme Court to override it. The court had not ruled in the case yet.

The Democrats’ walkout prompted a flood of national attention, and now the minority members must decide how to try to derail it in the special session with their staff pay on the line. Republicans also have their work cut out for them in the special session, faced with preventing another embarrassing defeat of the elections bill and remedying two provisions they claimed after the regular session were mistakes.

The special session is set to start at 10 a.m. Thursday and could last up to 30 days, with the potential for Abbott to add more items as it proceeds. It is one of at least two special sessions expected this year, with a fall special session coming to address redistricting and the spending of billions of dollars of federal COVID-19 relief funds.

Abbott’s agenda for the first special session notably does not include anything about the state’s electric grid, which was exposed as deeply vulnerable during a deadly winter weather storm in February that left millions of Texans without power. Lawmakers made some progress in preventing another disaster during the regular session, but experts — as well as Patrick — have said there is more to do. Last month, calls for the Legislature to take further action to fix the power grid were renewed when grid officials asked Texans to conserve energy.

Despite Abbott’s recent claim that grid is better than ever, he sent a letter Tuesday to the state’s electricity regulators outlining a number of steps he would like them to take to “improve electric reliability.” But it appears Abbott does not want to reopen legislative debate on the issue for now.

Just to recap, I continue to expect the Supreme Court to delay and hope the legislative budget veto issue becomes moot. I don’t think there’s much if anything that Democratic legislators can do to stop any of these bills if Republicans are determined to pass them – it’s not out of the question that on some of them the Republicans are not sufficiently unified – so the best thing to do is to try to at least make sure everything has a real committee hearing first. Finally, I’m not surprised that Abbott has no interest in revisiting the power grid, not when he’s already staked his claim on everything being just fine now. The other piece of business for the Dems is to hammer this point over and over again, until it seeps into the public consciousness. Good luck, y’all. This is going to suck. The Chron has more.

The response to the lawsuit over the line item veto

I know, scintillating headline, but there’s plenty of action here.

The state is defending Gov. Greg Abbott’s recent veto of legislative funding as a bipartisan group of former state leaders — as well as more Democrats — weigh in against the governor.

The state faced a Monday deadline to respond to a Democratic lawsuit asking the state Supreme Court to overturn Abbott’s veto, which he issued after House Democrats staged a walkout that killed Republicans’ priority elections bill at the end of the regular session in May. Abbott has promised to bring back the bill in a special session and scheduled one to begin Thursday; he has not announced the agenda yet.

“The Governor properly exercised the veto power bestowed upon him by the Texas Constitution and acted consistently with this Court’s precedent,” the state said in its response. “Under the Texas Constitution, the Governor has the exclusive power to disapprove any bill.”

At the same time, three former state leaders filed an amicus brief arguing Abbott’s veto is “an attempt to intimidate members of the Legislature and circumvent democracy.” The brief was filed by former House Speaker Joe Straus, a Republican; former House Speaker Pete Laney, a Democrat; and former Lt. Gov. Bill Ratliff, a Republican.

The brief says Abbott’s move “should rebuked by people of all political persuasions.”

[…]

Another amicus brief surfaced Monday that argued against Abbott’s veto and was signed by all 13 Democrats in the Texas Senate, as well as a group of law professors and a few current and former Republican elected officials. The GOP signees included state Rep. Lyle Larson of San Antonio, as well as former state Reps. Jimmie Don Aycock of Killeen and Sarah Davis of West University Place.

See here for the background. All of the case information is here, with the response by the AG on behalf of Abbott’s executive clerk here. The first two amicus briefs, by Straus, Laney, and Ratliff and by various legislators and law professors, explicitly cite the constitution and the separation of powers doctrine, while the one by the League of Women Voters raises the issue of redistricting work not being done by legislative staffers.

The state’s defense essentially amounts to 1) It is too constitutional, 2) The Court lacks jurisdiction for boring technical reasons (specifically, the Governor’s clerk is not an executive officer of state government), and 3) The relators lack standing because the issue isn’t ripe yet, which is a fancy legal way of saying that since the legislative funding doesn’t run out until August 31 there’s no actual injury yet and thus no cause to sue. I Am Not A Lawyer and have no opinion on the first two items, but item 3 strikes me as technically correct but also beside the point. It should be possible to prevent an injury from occurring, not just waiting around for the disaster to happen and then trying to clean it up. The state’s argument is that because there’s already a special session on the docket, this can and should be fixed without the court getting involved. That may well be, and it would not surprise me at all if SCOTX were to sit on this for as long as possible, to give the legislative process a chance to patch this up without needing for them to issue a ruling. I think that would set a terrible precedent and would not address the “future Governor vetoes the funding for the Supreme Court in a fit of pique” scenario, but then no one ever claimed SCOTX was a profile in courage.

As far as the possibility of the Lege restoring funding before it runs out, there’s this:

If the Dems get what they asked for, that would undermine the case for their writ. It’s still what they have to do, and then hope that SCOTX sees the constitutional issue as more important than the practical one. We’ll see.

How will the Dems handle the special session?

They have some options, but honestly, there’s not that much they can do.

Outnumbered and virtually powerless to block conservative priorities they oppose, Democrats in the Texas Legislature say they are keeping their options open as they prepare for a special session that is expected to revive the GOP elections bill they killed last month.

The line coming from Democrats across the spectrum: “Everything is on the table.” That includes another walkout like the one that doomed Senate Bill 7 in the final hours of the regular legislative session when Democrats broke quorum. But this time, such a move could now imperil the pay of their staffers, since Gov. Greg Abbott vetoed the funding for the legislative branch while telling lawmakers they could restore it in the special session that starts in less than a week.

“From a caucus perspective, since we’re going into the unknown, we have to keep every option open, which includes denying quorum,” said Rep. Jessica González of Dallas, vice chair of the House Elections Committee. “I think a lot of folks want to see what would be in [the elections bill] before making a decision.”

She said House Democrats are “trying to get a sense of where the majority of our caucus is,” but that consensus is “to be determined.” Similarly, Rep. Nicole Collier of Fort Worth said during a Texas Tribune event Tuesday that, “Right now, there has not been any type of resolution or concerted efforts.”

“Everything is on the table,” Collier said. “We’re not going to remove any options at this point.”

There are still a number of unknowns before Democrats can settle on a strategy, including what the full agenda will be for the special session, how Abbott will structure it and what the elections bill will look like. Abbott announced June 22 that the special session will begin July 8 but offered no other details, only saying the agenda would be announced before the session starts.

Democrats will also have to consider Abbott’s veto of funding for the Legislature for the two-year budget cycle starting Sept. 1. That gives lawmakers an incentive to participate in the special session — or potentially sacrifice their staffers’ pay. Abbott’s veto was in retribution for the Democrats’ walk out, but it affects more than 2,100 legislative staffers and individuals working at legislative agencies. (Abbott has acknowledged the lawmakers’ salaries are protected by the state Constitution.)

Last week, Democrats and staffers sued over Abbott’s veto, asking the state Supreme Court to reverse it. Abbott’s office faces a Monday deadline to respond to the lawsuit.

See here for some background. Dems may have a bit more wiggle room if they are successful in their lawsuit, but at the end of the day the Republicans have the numbers, and the Dems don’t have an obvious endgame. As you may recall from 2003, there’s only so long you can be out of state. If they stay and fight, they will eventually be steamrolled by the Republicans’ greater numbers. The plan has to be about how to lose in the best way possible, inflict some damage, rally the base, and just generally not come away feeling demoralized. It’s not an easy task, and I don’t envy them having to do it.

Lawsuit filed over veto of legislative budget

Good. And necessary.

A group of Texas House Democrats and legislative staffers is asking the Texas Supreme Court to override Gov. Greg Abbott’s recent veto of a portion of the state budget that funds the Legislature, staffers there and legislative agencies.

More than 50 Democrats, a number of state employees and the Texas AFL-CIO have signed on to a petition for a writ of mandamus, which was filed Friday morning.

“The state is in a constitutional crisis at this moment,” said Chad Dunn, an attorney involved with the petition, during a briefing with reporters Thursday.

[…]

The petition argues that Abbott exceeded his executive authority and violated the state’s separation of powers doctrine. The parties involved with the petition are asking the all-Republican court to find Abbott’s veto unconstitutional, which would allow Article X of the state budget, the section at issue, to become law later this year.

State Rep. Chris Turner, a Grand Prairie Democrat who chairs his party’s caucus in the lower chamber, told reporters Thursday there are roughly 2,000 employees in the state’s legislative branch that would be affected by Abbott’s veto if it stands.

Lawmakers receive $600 a month in addition to a per diem of $221 every day the Legislature is in session for both regular and session sessions.

“This isn’t about [lawmakers’] paychecks,” Turner said during the briefing. “What he’s doing is hurting our staff and hurting our constituents.”

See here for the background, and here for a Twitter thread from Rep. James Talarico explaining the reasons behind the petition. Rep. Talarico notes that the effect of the veto “also includes nonpolitical staff like the custodians, cafeteria workers, landscapers, and parking attendants…[who] will also lose their pay and their health insurance on September 1”, which is the end of the fiscal year. The special session for July will almost certainly include action to restore this funding, but only if Abbott puts it on the agenda, which gives him quite a bit of leverage. Way too much, if you believe what the state constitution says.

The plaintiffs have asked the Supreme Court for a ruling before September 1. I have no idea what they will do, but consider this for a moment. Beto beats Abbott in November 2022. After taking office, he issues an executive order of some kind, maybe to kill the Abbott border wall. Doesn’t really matter, whatever it is he gets sued by Jared Woodfill, who gets a writ of mandamus from SCOTX blocking the order. And then, a few months later after the Lege passes its budget, Governor Beto uses his line item veto authority to defund the Supreme Court, which he says is payback for their dumb and disrespectful ruling against him.

You may say that’s ridiculous. I would agree, but the real question is what (other than a respect for norms and not being a petty tyrant like Greg Abbott) would stop Governor Beto if it came to that? If the Supreme Court says there are no limits on what a Governor can do to exert influence over another branch of government, then surely this too is fair game.

Those of you with memories that extend past last week may remember the precursor to all this, when Rick Perry threatened to veto funding for the Public Integrity Unit of the Travis County DA’s office if then-DA Rosemary Lehmberg didn’t resign following a drunk driving arrest. Lehmberg, whatever her faults, was an elected official who did not answer to the Governor, but Perry felt it was within his power to attempt to force her out and to use the threat of cutting off funding for a division of her office as the stick. Perry was subsequently indicted by a grand jury for an abuse of office charge, but the Court of Criminal Appeals came to his rescue and tossed the indictment, buying his argument that he was being arrested for exercising veto power. But it wasn’t that – indeed, he never did veto any PUI funding – it was the threat and the coercion. Abbott’s veto, done as retaliation against a legitimate legislative action that he just didn’t like, is the next step of this progression. It’s autocratic, it’s a huge abuse of power, it’s dangerous, and it must be stopped by the one branch of government that can stop it. If SCOTX doesn’t recognize the need to do this, they will have truly failed us all.

UPDATE: A statement from Abbott about the lawsuit can be found here.

They’re coming back

Brace yourselves.

Gov. Greg Abbott has set a special session of the Texas Legislature starting July 8, his office announced Tuesday.

Abbott’s office did not specify what legislative priorities will be included on the special session agenda and said in an advisory that such items “will be announced prior to the convening of the special session.”

Abbott has already said that he plans to ask state lawmakers to work on two priority elections and bail bills that died in the final hours of the regular legislative session after House Democrats walked out of the chamber. More recently, Abbott has said the agenda for the Legislature’s overtime round will also include further restricting in schools the teaching of critical race theory, which refers to an academic discipline that explores the role racism plays in institutions and structures of governance.

The GOP priority elections bill, known during the regular session as Senate Bill 7, was a sweeping piece of legislation that would have created new limitations to early voting hours and curbed local voting options like drive-thru voting, among other things.

It’s unclear what tweaks, if any, will be made to the bill during a special session. After the Legislature adjourned in May, some Republicans said they planned to change at least one controversial provision in the bill that dealt with the window for early voting on Sundays. The last-minute addition to the bill had raised concerns that it would harm get-out-the-vote efforts by Black churches.

Abbott’s other priority legislation that died, known as House Bill 20 during the regular session, would have made it harder for people arrested to bond out of jail without cash. That bill was also killed after House Democrats broke quorum to block passage of SB 7.

Lawmakers were already expected to return to the Legislature this calendar year for a special session focused on redrawing the state’s political maps and doling out billions of dollars in federal COVID-19 relief funds. Abbott has said that special session will happen sometime in September or October.

We knew this was coming, and we knew that SB7 in some form would be the main item of interest. I don’t know as I write this if the usual suspects in the US Senate will get their shit together and pass a federal voting rights bill that may include some form of preclearance, but it is very much in the political interests of Texas Republicans to pass SB7 before that happens. They definitely have the advantage of being able to move more quickly, but that could at least theoretically end at any time. For sure, they wouldn’t want to wait until the redistricting session for that.

One presumes that the restoration of legislative funding that was vetoed by Abbott will be addressed. I hope that this announcement spurs on the advance of any litigation over that veto, if indeed there was litigation in the works. I Am Not A Lawyer, but I’d bet that the Texas Supreme Court would be delighted to dismiss any such lawsuit on the grounds that it is moot if that matter has been resolved legislatively by the time they have it dumped on them. As to what else may be on the call, we’ll have to wait and see. For sure, every wingnut who didn’t get their pet bill passed will ask for it to be added. As long as the Lege remains in session, Abbott can add more items as he sees fit.

Which leads to another thing to consider:

Another question hanging over state lawmakers is whether Democrats plan to again break quorum to prevent the passage of an elections bill during a special session. A number of House Democrats have said that all tools are on the table with regards to a special session strategy, including potentially leaving the state to help block the legislation.

“It’s no secret that that’s something that’s been effective in the past,” state Rep. Rafael Anchía, a Dallas Democrat who chairs the Mexican American Legislative Caucus, during an interview last week on CNN.

I think another Killer Ds scenario is unlikely, but who knows? As with the walkout that led to the quorum break in May, we won’t know till it happens. For what it’s worth, this was Rep. Anchia’s initial reaction to the news on Twitter:

Make of that what you will.

Abbott follows through on veto of legislative funding

So here we go.

Gov. Greg Abbott followed through Friday on a threat to veto a section of the state budget that funds the Texas Legislature, its staffers and legislative agencies.

The governor’s move targeting lawmaker pay comes after House Democrats walked out in the final days of the regular legislative session, breaking quorum, to block passage of Senate Bill 7, Abbott’s priority elections bill that would have overhauled voting rights in the state. The move also killed bail legislation that Abbott had earmarked as a priority.

In a statement, Abbott said that “funding should not be provided for those who quit their job early, leaving their state with unfinished business and exposing taxpayers to higher costs for an additional legislative session.”

“I therefore object to and disapprove of these appropriations,” the governor said.

House Democratic Caucus Chair Chris Turner of Grand Prairie called the move by Abbott an “abuse of power” and said the caucus “is exploring every option, including immediate legal options, to fight back.”

“Texas has a governor, not a dictator,” Turner said in a statement. “The tyrannical veto of the legislative branch is the latest indication that [Abbott] is simply out of control.”

Since Abbott issued his threat earlier this month, other lawmakers and political leaders have raised concerns over how the move could impact staffers and legislative agencies that are funded by Article X, which is the section of the budget he vetoed, such as the Legislative Reference Library and the Legislative Budget Board.

“I’m just concerned how it impacts them because they weren’t the ones who decided that we were going to break quorum, it wasn’t their decision, right?,” said House Speaker Dade Phelan, R-Beaumont, in an interview earlier this month.

Questions have also been raised about the constitutionality of the move, which according to the Legislative Reference Library is unprecedented.

See here, here, and here for the background. I very much want to see a lawsuit filed to challenge this, because the constitutional questions this veto raises need to be answered. Someone might also point out that Abbott could veto funding for the courts under whatever pretext he wanted as well if this is kosher. Separation of powers has to mean something.

I’m going to turn the mike over to Scott Braddock for a minute:

Hard to know how people will react to something unprecedented like this, but it’s not a stretch to think there may be some anger at Abbott from people who had supported him in the past. How they express that, and whether it might extend beyond a primary are questions I can’t answer. More immediately, the impression I have gotten from reading the Twitter posts of more legislatively fluent people is that as long as there is a special session before the end of the fiscal year (I think that’s August 31 but could be wrong), then this funding can be restored before any staffer loses a paycheck. More likely than not that is what will happen regardless of any litigation. But as with the freeze and blackouts of February, this is for thousands of people another huge and unexpected disruption to their daily lives and the security and stability they thought they had. No matter what happens, that’s going to leave a mark. Texas Standard has more.

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.

More on the post-quorum break fallout

This Trib story mostly centers on the perspective of the Black legislators during the SB7 fight, and it’s a good read for that, but I want to focus on this bit here:

Photo by Miguel Gutierrez Jr./The Texas Tribune

While the legislation in the Senate partly targeted Harris County, SB 7 carried the potential to alter the voting process across the state. Beyond banning extended early voting hours, it enhanced the freedoms of partisan poll watchers, set new rules for removing people from the voter rolls and further tightened vote-by-mail rules. In early May, lawmakers in the House negotiated a significantly slimmed down version of the bill that was narrower in scope and included a series of Democratic amendments. In recent days, some Democrats have indicated that version wouldn’t have prompted a walkout, though they wouldn’t have supported it.

Tension around the bill escalated in its last 48 hours through the Capitol as Republicans ironed out the differences in both chamber’s versions, choosing to include significant portions of the Senate’s more expansive version and dropping in a series of new provisions behind closed doors. The bill doubled in size to include new ID requirements for absentee voters and a higher standard for who could qualify to vote by mail based on a disability. Much of Democrats’ ire fell on a new rule mandating that early voting on Sunday couldn’t start until 1 p.m., which they saw as an unjustified attack on “souls to the polls” efforts churches use to turn out Black voters.

Republicans defended the additions as a standard part of the negotiation process, noting that some of them were pulled from other bills passed by the Senate or generally discussed by the chamber.

But the changes were revealed to the full Senate and House less than 48 hours before the deadline to approve the bill, setting off frustrations among Democrats over the lack of time to fully review the legislation. To keep the bill out of range of a filibuster, Senate Republicans used their majority to suspend their own rules and take up the final bill a day earlier than the rules required. Democrats said a resolution laying out many of the last-minute additions to the bill wasn’t presented to them until just before they were supposed to take it up.

In the House, the final bill was so hastily put together that state Rep. Briscoe Cain, who was ushering it through the chamber, said it left out a Democratic initiative he had promised to keep in. The report also misspelled the word equal as “egual.”

“It seemed like the fix was in from the beginning,” state Rep. Nicole Collier, a Fort Worth Democrat and chair of the Texas Legislative Black Caucus, said at a press conference early Sunday. “From the beginning, there was no interest in hearing how these measures would impact people of color.”

The description of how things were so rushed raises again a point I made in this post, which is why it took SB7 so long to get to a final vote. Look at the legislative history. The conference committee was appointed on May 19, and it took until May 30 for the final bill to appear, which kicked off the Senate suspending their rules and the final showdown in the House. Why did it take so long? Maybe the House committee members were trying to defend the Democratic amendments, but if so they ultimately did a lousy job of it. A whole lot of new stuff was added, but it seems to me that was mostly language taken from other bills that didn’t come to a vote. None of this should have taken so long, and yet it did. My theory, which so far no one else has even brought up (that I know of), is that the Republicans wanted to do this at the last minute, over the holiday weekend, because it limited the amount of attention they’d face as it was happening. I could be wrong about this – maybe they really couldn’t get their act together in time – and it surely didn’t work out the way they wanted, but until someone demonstrates otherwise, this is the reason I believe for why things unfolded as they did.

Of related interest:

A last-minute addition to the final version of Senate Bill 7, negotiated behind closed doors, set a new window for early voting on Sundays, limiting it to 1 to 9 p.m. Democrats and voting rights advocates said GOP lawmakers were targeting “souls to the polls,” the longtime practice by Black congregations that encourages members to go vote after Sunday morning services.

In an interview Tuesday with NPR, one of the negotiators, Rep. Travis Clardy of Nacogdoches, said the 1 p.m. start time was an error and that it should have been 11 a.m. Despite his claim, no Republicans raised an issue with the start time during final debate over the bill, and one of them even defended it.

Clardy told NPR that the Sunday start time was “one of the things I look forward to fixing the most” in a special session.

“That was not intended to be reduced,” Clardy said. “I think there was a — call it a mistake if you want to — what should have been 11 was actually printed up as 1.”

Lawmakers are set to revisit the legislation in a yet-to-be-called special session after Democrats staged a walkout late Sunday night that blocked passage of SB 7 in the regular session, which ended Monday. In a Texas Tribune interview later Tuesday, Gov. Greg Abbott said he was unaware of the specific mistake that Clardy was referring to but that he had heard there “clerical errors” with the final version of SB 7 and that he would be open to “making modifications” to the Sunday voting rules.

After Clardy’s interview with NPR, another GOP negotiator and the bill’s House sponsor, Rep. Briscoe Cain of Deer Park, said that what Clardy said was true and that lawmakers intended to fix the start time in a special session.

Despite the new claims that the 1 p.m. start time was a mistake, Republicans did not flag it as an error in debate over the final version of SB 7 this weekend. In the Senate, SB 7’s author, Sen. Bryan Hughes, R-Mineola, stood by the start time under Democratic questioning late Saturday night.

“Those election workers want to go to church, too,” Hughes said. “And so that’s why it says 1 p.m. [and] no later than 9 p.m. You can make Sunday service and go after that.”

When Sen. Royce West, a Dallas Democrat, pressed Hughes on that justification, Hughes admitted it wasn’t based on conversations with election workers but suggested that “souls to the polls” efforts promoted voting after the lunch hour.

“You can correct me, but souls to the polls — I thought we went to church and ate lunch and then voted,” Hughes said.

When the House moved Sunday night to pass SB 7, Cain noted that it did not outlaw voting initiatives “such as souls at the polls.”

Asked about Clardy’s comments Tuesday, Hughes said the “intent was to extend the Sunday voting hours” and that lawmakers would “make this clear in the special session.”

I mean, come on. The Republicans fully intended to limit Sunday voting to after 1 PM. What they’re saying now is one part PR, one part making a minor concession to try to appear reasonable, and one part trying to make the inevitable lawsuit a little harder to prosecute. Come up with better rationalizations, guys.

And then there’s this.

Texas House Speaker Dade Phelan said Tuesday he has concerns with Gov. Greg Abbott’s recent vow to veto a section of the state budget that funds the Legislature, citing how the move to block such pay could impact staffers and legislative agencies.

“I understand the frustration the governor has in [lawmakers] not passing those emergency items — they were priorities of the governor, they were priorities of mine, priorities of many members of the Legislature,” Phelan, a Beaumont Republican, said in an interview with The Texas Tribune. “My only concern is how it impacts staff, especially those who live here in Austin, which is not an inexpensive place to live and raise your family and children.”

[…]

Phelan also said he thinks that, under the Constitution, lawmakers would still have to be paid even if Abbott carried out his veto. Lawmakers are paid $600 a month in addition to a per diem of $221 every day the Legislature is in session, during both regular and special sessions.

In an interview with the Tribune later Tuesday, Abbott insisted he still plans to veto that part of the budget and said that if Phelan is “concerned about it, he needs to do something about it.”

“He has a role to play here,” Abbott said. “He’s not some outside viewer. He’s a participant, and he needs to step up and get the job done.”

The governor has said he will summon the Legislature back to Austin for an overtime round to pass the legislation, though he has not yet specified when he plans to do so. Lawmakers are already expected to return this fall for a special session to redraw the state’s political maps.

Phelan said if Abbott carries out the veto, which he has until June 20 to do, lawmakers could be back for an earlier-than-anticipated overtime round to deal with the issue, since the budget involved covers the fiscal year starting Sept. 1.

The speaker also said he had concerns about how the move could impact legislative agencies such as the Legislative Budget Board, which are also funded by Article X of the budget.

“They weren’t the ones who decided that we were going to break quorum,” Phelan said.

Ever watch a movie that has an evil overlord who expresses his displeasure at some hapless minion who has failed him by murdering some other hapless minion? (See item #45 on that list.) That’s what this reminds me of. A whole lot of innocent civil servants may have their pay cut off because Abbott has his nose out of joint. Is that leadership or what?

So now what?

Well, Greg Abbott gets to have a little temper tantrum, which may or may not end up in an immediate special session.

The Texas Legislature closed out its regular 140-day session Monday with sniping among the state’s top political leaders and lawmakers already well aware they will be back this calendar year for an overtime round.

“We will be back — when, I don’t know, but we will be back,” House Speaker Dade Phelan, R-Beaumont, told members from the speaker’s dais. “There’s a lot of work to be done, but I look forward to doing it with every single one of you.”

Talk of a special session — and questions about how soon one may happen or what additional issues Gov. Greg Abbott could task legislators with — has largely defined the last weekend of the Legislature’s 140-day stretch after lawmakers left unfinished a number of GOP priorities and tensions between the two chambers escalated.

That drama reached new highs Sunday night when House Democrats staged a walk out and broke quorum, making it impossible to give final approval Senate Bill 7, a massive GOP priority voting bill that would tighten the state’s election laws, before the midnight deadline.

Abbott quickly made clear that the bill, along with another other priority legislation that would have made it harder for people arrested to bond out of jail without cash, “STILL must pass” — and said that the two issues “will be added to the special session agenda.”

The governor, who is the only official who holds the power to convene a special session, has not yet specified whether he plans to order one ahead of an overtime round already planned for the fall to handle the redrawing of the state’s political maps. An Abbott spokesperson did not respond to a request for comment earlier Monday.

Before lawmakers adjourned though, Abbott made clear he intends to reprimand the Legislature over its unfinished business by vetoing the section of the state budget that funds the legislative branch.

“No pay for those who abandon their responsibilities,” he tweeted. “Stay tuned.”

Shortly after lawmakers adjourned for the final time, Abbott released a lengthier statement in which he applauded the Legislature for pushing through a series of conservative victories, while doubling down on his demands that lawmakers pass voting and bail legislation. But the governor also left open the possibility that other topics could be added to the agenda for the special session.

Lots of takes on Twitter about that, but the one that caught my attention was a reminder that legislators’s pay and per diem are defined in the Constitution, so it seems clear Greg Abbott can’t just take their pay away. (Not that most legislators depend on the pittance they do get paid.) What he could do, in effect, is kill the funding for a bunch of legislative agencies, which seems to me like a bad way to run government and also mostly an attack on non-partisan staffers. My guess is that someone with better sense will quietly talk him into writing a cranky statement with his signature of the budget and leave it at that, but you never know with a galaxy brain like that.

House Democrats earlier this week successfully killed proposals that would’ve banned local governments from using taxpayer dollars to pay lobbyists, prohibited social media companies from blocking users because of their viewpoints and barred transgender students from playing on sports teams based on their gender identity. Abbott had previously said he would sign those bills.

“I expect legislators to have worked out their differences prior to arriving back at the Capitol so that they can hit the ground running to pass legislation related to these emergency items and other priority legislation,” he said.

A whole lot of lousy bills were left for dead by the quorum breaking, which is fine by me. Any or all of these bills could get revived in one or more special sessions, but there’s no guarantee they’d fare any better in overtime. One might reasonably ask why these bills were left to the last minute like that if they were of such utmost importance to Abbott et al. The Chron, the Press, and the Texas Signal have more.

AG’s office upholds Abbott’s line item vetos

Of course it does.

NO

Gov. Greg Abbott was well within his powers when he vetoed more than $200 million in funds approved by the Texas Legislature this year, Texas Attorney General Ken Paxton’s office wrote in an opinion issued Monday.

[…]

The nonbinding opinion, written by First Assistant Attorney General Chip Roy, has the potential to shore up the governor’s power over the budget-writing process if Roy’s interpretation ultimately held up in a court of law.

“The provisions vetoed by the Governor each designate a specific purpose and the amount to be used therefor, and they are items of appropriations subject to the Governor’s veto” Roy wrote.

Abbott’s office praised the opinion Monday evening.

“The Attorney General’s opinion upholds the governor’s constitutional authority to limit unnecessary spending and ensure fiscal solvency,” spokesman John Wittman said.

The Budget Board is co-chaired by Lt. Gov. Dan Patrick and House Speaker Joe Straus, and its members include the chairs of the House Appropriations and Senate Finance committees who write the budget. Like Abbott, Patrick also publicly criticized the board’s argument — so much so that he wanted a special committee to review the budget board and other legislative agencies. Email traffic between his office, the board and the House speaker’s office made it clear that a top Patrick aide had seen the board document in advance and approved sending it to Hegar.

The vetoes covered funding for projects at several state agencies and higher education institutions.

The largest funding item at issue was for $132 million from the Texas Facilities Commission’s budget to build a state office building in San Antonio to replace the G.J. Sutton State Complex. State Rep. Trey Martinez Fischer, D-San Antonio, has previously urged the city of San Antonio to consider legally challenging Abbott’s veto, noting that the new building is expected to play a key role in the revitalization of the city’s East Side area.

See here, here, and here for the background, and here for the AG opinion. I’m not qualified to address the legal points of this, but it’s hard to escape the feeling that the fix was in. I said before that this probably needs to be resolved by the Supreme Court, so I hope the city of San Antonio takes up TMF’s call to sue over this. Perhaps a better question to ask, especially of Republicans, is if it’s such a good idea to expand the Governor’s powers in this way. It’s certainly open to debate whether this is a good idea or not, but shouldn’t we at least have that debate? I’m just saying. The Chron and Trail Blazers have more.

Hegar punts LBB veto issue to Paxton

Duck!

NO

Describing the debate as one that “goes to the heart of separation of powers within Texas government,” Comptroller Glenn Hegar announced Wednesday that he will not authorize more than $200 million in funds approved by the Texas Legislature but vetoed by Gov. Greg Abbott as the comptroller waits for the attorney general to settle the issue.

“There are complex questions related to the governor’s vetoes, so I am seeking clarity and requesting guidance from the attorney general’s Office,” Hegar said in a statement.

[…]

For several weeks, the issue was awaiting a decision by Hegar, the state’s chief financial officer. The governor’s office strongly disagreed with the budget board, sending a 29-page memo to Hegar decrying the Legislature’s attempt to use “magic words” to block the governor’s authority.

On Wednesday, Hegar said he would not dole out the funds at issue for the time being.

“I am lapsing the funds for all items objected to by the Governor and will treat the items in question as vetoed,” Hegar said. “However, if advised otherwise, those appropriations can be made available immediately.”

[…]

Hegar’s decision comes less than a week before the start of the fiscal year on Sept 1, when the budget approved by lawmakers this year goes into effect. His 15-page request to Paxton demonstrates the complexity of the dispute. Because Abbott’s vetoes targeted budget riders rather than appropriations, Hegar seeks clarity on not only the validity of the vetoes but also what to do about the impacted agencies’ budgets if the vetoes are upheld. Should Hegar reduce each agency’s budget by the vetoed amount? And if those agencies can still get the funding, can those agencies then choose to spend some of their budgets on the projects Abbott vetoed anyway?

“This is a constitutional issue that goes to the heart of separation of powers within Texas government,” Hegar said. “I have a fiduciary duty to Texas taxpayers to ensure their hard earned dollars are spent in a manner that is consistent with the constitution of the state of Texas.”

See here and here for the background, and here for the AG opinion request. Putting aside my lack of confidence in Ken Paxton, I kind of think this one needs to be settled by the Supreme Court. The Lege can then take a crack at clarifying what the Constitution says if it wants. We’ll see how it goes.

Still reviewing the video on the line item vetoes

Any day now.

NO

With varying degrees of concern, a smattering of government offices and higher education institutions around the state are waiting to learn the fate of more than $200 million in funds that the governor might — or might not — have excised from the state budget.

The Legislative Budget Board is challenging several of Gov. Greg Abbott’s line-item vetoes, arguing in a July 21 letter to Comptroller Glenn Hegar the governor has no authority to veto some of the items because they were included in budget riders. The challenged vetoes include funds for public projects and money for research at colleges and universities.

“The Comptroller’s Office is reviewing the documents provided and working to determine next steps,” spokeswoman Lauren Willis said Thursday.

Abbott is pushing back against the challenge, even encouraging potential political donors to help.

“Unelected bureaucrats want to strip Governor Abbott of his line-item veto authority in order to grow government and increase spending and debt. Join our fight with a contribution!” his campaign wrote in an email Wednesday that linked to his donation page.

Abbott has repeatedly boasted he cut off $386,000 meant for the Southern Regional Education Board, a nonprofit that helps states develop education policies, that would have been used “to finance the promotion of Common Core,” a charge the Board has denied.

The largest item vetoed would have provided $132 million to build a new state office building in San Antonio to replace the G.J. Sutton State Complex.

“The renovation project was intended to play a major role in the revitalization of the East Side and would have been an enormous boon to the City of San Antonio,” state Rep. Trey Martinez Fischer, D-San Antonio, wrote in an email to the San Antonio mayor and city council last week. “I find Governor Abbott’s unprecedented and possibly unconstitutional actions deeply worrisome.”

Martinez Fischer encouraged the city to consider legally challenging Abbott’s veto if necessary.

See here for the background. It’s hilarious to see Abbott fight this by appealing to donors decrying his battle against “unelected” enemies – you know, like Joe Straus and Dan Patrick, who has been his typically weaselly self in all this – but that’s your modern Republican Party for you. In the end, the amount of money involved is a pittance, though the project in San Antonio sounds like a fairly big deal, but the spectacle is what it’s all about. It’s just a matter of posturing and trying to be the most macho, as that’s what they care about the most. See this Trib story and Burkablog for more.

Vetoes: You’re doing it wrong

Oops.

NO

Some of Gov. Greg Abbott’s line-item vetoes in the state budget might be invalid, the state’s Legislative Budget Board said in a 14-page letter sent Tuesday to Texas Comptroller Glenn Hegar.

The director of the LBB said the governor’s veto proclamation, listing line items he chose to excise from the new budget, doesn’t have the effect Abbott apparently intended.

“The Proclamation from June 20, 2015 seeks to veto the appropriation for a number of purposes and programs contained in House Bill 1,” LBB Director Ursula Parks wrote. “However, in nearly all instances the Proclamation does not veto the actual appropriation but rather seeks either to veto non-appropriating rider language or informational items. As it is the case that the Governor may only veto items of appropriation, for the reasons outlined below I believe that many of the items in HB 1 referenced in the Proclamation remain valid provisions.”

That letter amounts to a rebuke of sorts from the leaders of the Legislature to the new governor. The LBB is co-chaired by Lt. Gov. Dan Patrick and House Speaker Joe Straus, and its members include the chairs of the House Appropriations and Senate Finance committees who write the budget, along with six other legislative leaders from both chambers.

“In our analysis, most of the actions in the Proclamation have the effect neither of actually reducing agency or institution appropriations, nor indeed of eliminating legislative direction on the use of funds,” Parks wrote. “The Proclamation seeks to go beyond what is authorized in the Texas Constitution, is in many respects unprecedented, and is contrary to both practice and expectation since adoption of the Texas Constitution in 1876.”

Abbott’s office received the letter Tuesday afternoon and did not have an immediate comment, but argued in a memo last month that the governor’s vetoes were within the law. Lauren Willis, a spokeswoman for Hegar, said the comptroller’s office is still reviewing the LBB letter.

It says, in effect, that the governor vetoed items in the budget that he doesn’t have the power to veto, an assertion Parks sourced back to Abbott himself. In his proposed budget earlier this year, Abbott said that he wanted to expand the governor’s line-item veto authority and suggested amending the state constitution to take care of that. The Legislature made no such amendment.

“The implication in this statement supports the analysis that the Constitution currently provides limited and specific authority in this area; authority that the Proclamation seeks to extend,” Parks wrote.

The LBB letter is here, and the Abbott memo on which it was based is here. Nothing like having your own words used against you, is there? This isn’t a LePage level of failure, but it would be pretty embarrassing if it holds up. On the plus side for Abbott, his buddy Dan Patrick is there for him, even though he is also on the LBB. Intrigue! Ross Ramsay has more.

Perry will veto Integrity Unit funds unless Lehmberg resigns

This could be checkmate for Rosemary Lehmberg.

Rosemary Lehmberg

Gov. Rick Perry will veto financing for the public integrity unit — the state’s ethics enforcement division — unless embattled Travis County District Attorney Rosemary Lehmberg resigns, an official close to the governor said Tuesday.

The Austin American-Statesman reported Monday night that Perry would use a line-item veto to cut funding for the unit unless Lehmberg, who was convicted and served jail time for drunken driven this past spring, steps down.

So far, Lehmberg has declined to do that, and Democrats are concerned that if she does, Perry would be able to choose her replacement.

“Ultimately this is Rosemary’s decision,” said state Sen. Kirk Watson, D-Austin. “If she decides to resign, I will work with the governor’s office to make sure that whoever is appointed to that position is someone who represents Travis County appropriately.”

The deadline to veto bills, including line items in the state budget, is this weekend. Perry spokeswoman Allison Castle said the governor’s office is “going through the budget line by line, and the governor has deep concerns over the integrity of the Public Integrity Unit.”

The Statesman story is behind their new paywall, which unlike the Dallas Morning News doesn’t appear to be subverted via a Google News search. I’ve been of the opinion that Lehmberg’s crime doesn’t necessitate resignation, but unless there’s something else to this Perry has the trump card. It would be better for Lehmberg to resign and a new DA to be elected next year than for her to risk the funding of the Public Integrity Unit. If Sen. Watson can work with Perry’s office to name a replacement – I’ve said before that allowing Travis County Commissioners Court to nominate a replacement would be a good idea – then so much the better. It would be unfortunate for Lehmberg if it comes to this, but the office is bigger than she is. Texas Politics, Juanita, and Texpatriate have more.

We have a budget

Such as it is.

Budget negotiators met briefly this morning and voted 9-1 to adopt a conference committee report that cuts the state budget over the next biennium by $15 billion, or 8 percent. The total amount of funding from taxpayers, known as general funds, is $80.4 billion. The total expenditures for all funds, including federal money, is $172.3 billion.

Senate Finance Chair Steve Ogden, R-Bryan, and House Appropriations Chair Jim Pitts, R-Waxahachie, told reporters their respective chambers are expected to vote on the report as early as Saturday afternoon.

“We have covered the entire (2010-2011) biennial deficit and the budget is balanced for the next two years. And at the end of the day, that’s a pretty extraordinary accomplishment considering the challenge we were in,” Ogden said.

I suppose a Hollywood accountant might call this a “balanced” budget, but between the delayed payments to school districts, the $4.8 billion hot check for Medicaid, the fantasizing about federal waivers and higher-than-projected property tax revenues, it’s a budget built on cotton candy and hallucinations. And that’s before we consider the cost of slashing $4 billion from public education, which was the best case scenario for that. What still hasn’t been done is to figure out how to spread that $4 billion in cuts out over all the school districts.

Senate Finance Committee Chairman Steve Ogden, R-Bryan, said there’s a provision in the budget agreement that makes Foundation School Program payments to school districts contingent on the House and Senate agreeing on school finance.

“If there is not agreement … there’s no appropriations to the Foundation School Program. We’d have to come back in special session,” Ogden said.

Abby Rapoport has more on what the school finance options are at this point. I assume they’re strongly motivated to avoid having to go into a special session. But even if they do, there’s still the question of whether or not the Comptroller will certify the budget. Rep. Garnet Coleman has some questions for Comptroller Combs:

1. Will you evaluate the combined revenue and expenses of all major pieces of legislation regarding the state’s fiscal matters, not just the primary budget bill (House Bill 1), in determining whether or not Texas has passed a balanced budget?

The Legislature is deliberating numerous “fiscal matters” bills that have consequences on our state’s finances for FY 2012-13. In 2003, the last time Texas faced a massive budget shortfall, Comptroller Carol Keeton Strayhorn determined that the budget was a “’patchwork’ piece of legislation that depends on several other bills to determine some of the spending” for the FY 2004-2005 budget. (Source: Associated Press, “Strayhorn criticizes lawmakers for ‘smoke and mirrors’ budget,” June 5, 2003).

Which, if any, bills other than House Bill 1 do you anticipate your office evaluating in order to determine whether or not you will certify the Texas budget?

2. Will you certify $4.8 billion in Medicaid expenses if they are not paid for with revenue Texas can identify in its budget?

Wayne Pulver, an assistant director at the Legislative Budget Board, stated before the Texas House Committee on Appropriations on Monday, May 16 that, “it is our estimate that with these funding decisions, the bill is short $4.8 billion in general revenue.” (Source: Associated Press, “Texas budget plan kicks Medicaid funding problem down the road,” May 21, 2011.) It is your intention to certify the Texas budget as balanced, even if we are budgeting to pay for something we do not have the money to pay for?

3. If you cannot certify the $4.8 billion in Medicaid expenses, will you send the budget back to the House in which it originated to ensure Texas passes a balanced budget?

In 2003, Comptroller Carol Keeton Strayhorn refused to certify the state’s budget because it spent $186.9 million more in the FY 2004-2005 biennium than the state could count as available revenue. Governor Rick Perry, under a special provision inserted by budget writers, was able to use line-item veto authority to cut expenditures in the budget by $186.9 million. Comptroller Strayhorn was then able to certify the budget.

However, the current $4.8 billion shortfall in Medicaid expenses is over twenty-five times the size of the 2003 budget shortfall Comptroller Strayhorn originally did not certify. It is my request that, provided you do not certify the $4.8 billion in Medicaid expenses that remain unaccounted for in any legislation being considered by the Texas Legislature, you do not send the budget to the Governor to balance the budget.

It is our duty, as legislators, to pass a balanced budget. Should you determine that the budget is not balanced, I would request that you send it back to the House in which the budget originated, as prescribed by Article 3, Section 49a(b) of the Texas Constitution.

You can read Rep. Coleman’s full letter to Comptroller Combs here. A statement from the CPPP is here, and a statement from Rep. Mike Villarreal is here. Trailblazers and EoW have more.

Fight over family planning funds coming

It’s a small piece of the difference between the House and Senate budgets, but it will surely be a big part of the fight over how the two are reconciled.

The Senate budget approved by the Finance Committee would spend $11 billion more than the House version, and members of the upper chamber seem unwilling to leave family planning drastically underfunded. The Senate is expected to vote on a final version of the bill this week and clear up the details.

The money that the House slashed helps needy women get physical exams, birth control pills and tests for sexually transmitted infections, as well as other health disorders.

Republican Sen. Bob Deuell of Greenville , an open opponent of abortion and a practicing physician, sees the wisdom in finding money for low-income women who need the services. “These programs prevent unwanted pregnancies and prevent abortions by allowing women to plan their pregnancies,” he said. “I would dare say (the Senate) is willing to put more into family planning.”

[…]

In a show of power, the House’s Republican supermajority used a series of amendments to strip the budget of more than $60 million in family planning services and shift it to other programs for poor and disabled children. Some of the money was moved into anti-abortion-rights programs and crisis pregnancy centers.

The conservatives were relentless in their efforts, which some see as part of a nationwide attack on Planned Parenthood, the most widely known family planning program. This larger conservative movement to defund Planned Parenthood, and groups like it, is intended to reduce access to abortion nationwide.

Houston Rep. Jessica Farrar , leader of the House Democrats, said the fight is about ideology, not fiscal prudence. “It’s not about policy; it’s not about women’s health — everything is about abortion for them,” she said.

Farrar and others say that gutting services that help women and children stay healthy and avoid unintended pregnancies will yield skyrocketing long-term Medicaid costs. Women who can’t get birth control are more likely to stay trapped in poverty at the cost of the taxpayer, family planning advocates contend.

There’s no question that Rep. Farrar is right. The question is which side will blink first. There’s a middle ground between spending X dollars and spending Y dollars. There isn’t between believing something is good and believing it’s evil. The anti-family planning zealots do have an ace in the hole, and that’s Rick Perry’s line item veto power. They can give if they need to and still win.

The stimulus and the budget

State Rep. Jim Dunnam, who is the chair of the ad hoc committee that is charged with disbursing federal stimulus funds, gave an update on their proceedings. Among other things, the federal money may free up some state revenues.

Normally, the federal government pays about 60 percent of Texas’ Medicaid expenses, a contribution known as the Federal Medical Assistance Percentage (FMAP). Under the stimulus law, the federal government would pay around 66 percent of the expenses, which would, according to Health and Human Services commissioner Albert Hawkins, free up about $4.6 billion in general revenue. Some of it would go to make up for the Medicaid shortfall, but the rest would be free to be appropriated.

The stimulus law says a state is not eligible for in increase in its FMAP funding if any of the increase ends up, directly or indirectly, in a state’s reserves or rainy day fund.

“There’s a question as to what that means,” Dunnam said. He said the committee did not yet know whether maintaining the rainy day fund at its current level would result in the feds revoking the FMAP funds. At the beginning of the session, comptroller Susan Combs reported the state had a $9.1 billion budget shortfall, and it seemed to make ends meet, legislators would have to dip into the state’s reserves.

“It was very, very clear that if not for the stimulus money that we were going into the rainy day fund,” Dunnam said.

The committee hasn’t discussed what to do with the freed general revenue, but it seems like Dunnam would be in favor of spending it. He said the stimulus funds were intended to stimulate the economy. If Texas were to use federal funds where state funds are usually spent, and keep state funds, then, he said, “you haven’t complied with the intent of the act.”

I feel confident there will be some pushback on that, mostly from Governor Perry. Which is why the more that he can be reduced in influence, the better. I hope that the end result of all this is a realization that we do have more money in the budget than we first thought, and should re-evaluate our assumptions about how we appropriate accordingly. If that means it takes a little longer than usual to bring HB1 to the floor, then so be it. Better to get it right than to rush.