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Day 11 quorum busting post: The Beto factor

Early on I mentioned how one potentially limiting factor in the Democratic exodus to Washington DC was funding, as housing and feeding 50+ people in the Capitol for up to four weeks would run into some money. Turns out, Beto O’Rourke had that covered.

Beto O’Rourke

Beto O’Rourke has funneled $600,000 to Texas House Democrats in Washington, D.C., to help fund their stay, which could last for up to another two weeks as the lawmakers attempt to block passage of a GOP election bill at the state Legislature.

Powered by People, the group started by the former presidential candidate and El Paso congressman, will wire the funds to the Texas House Democratic Caucus sometime this week, according to state Rep. Armando Walle, D-Houston.

The money will be used to help offset costs for lodging, meals and transportation as over 50 Democrats and roughly two dozen staffers stay in the nation’s capital. Members left Texas about 10 days ago and have said they plan to stay out of state until after the special session ends Aug. 6.

The funds will also help pay for costs associated with a virtual voting rights conference the caucus helped to host this week, Walle told The Texas Tribune on Wednesday.

O’Rourke announced the news during that virtual conference Thursday morning, saying that his group will continue fundraising for the Democrats in Washington.

“We’re gonna make sure that we get the full amount, 100% of what’s raised, to y’all,” he told lawmakers. “It is the least that we could do for everything that you all are doing for us. We want to do more.”

Walle said that the infusion of funds will go toward Democrats’ goal of raising $1.5 million to continue to help pay for the bills while in Washington. The caucus, he said, is “on a good pace to meet that goal.”

There are a number of ways that this exodus could end badly for the Dems. Running out of money and having to visibly scramble to cover living expenses would be one of them, made worse only by having to slink back home because there were no other choices. That outcome at least should be avoided, for which we can all be grateful. (And we could chip in a few bucks, if we felt so moved.)

And Beto’s role in this is appreciated.

Whether Beto O’Rourke is ready to run for governor or not, the Texas House Democrats’ fight over voting rights has already given him a springboard if he decides to take the plunge.

Over the past several weeks, the former presidential candidate from El Paso has been their biggest promoter, holding fundraisers with celebrities, co-organizing a 1960s-style civil rights march with prominent national leaders, and writing big checks to cover expenses for the Texas House and Senate Democrats who fled to Washington, D.C. to stop an elections bill.

It has all given O’Rourke a new boost of national media interviews and political relevance at a critical time for statewide candidates in Texas to build momentum if they are going to have a shot in an election cycle that starts faster than in most states because of the early primaries in March.

“They are keeping the coals hot on issues like election reform and redistricting, which Beto would try to leverage in 2022,” said Brandon Rottinghaus, a University of Houston political science professor.

While Democratic activists are pushing O’Rourke to get into the governor’s race, he insists he’s not thinking about that right now and is focused on fighting the elections bills Texas Republicans are trying to pass.

[…]

What O’Rourke is doing is a rarity in Texas politics, an arena where few are willing to pitch in without getting payback, said state Rep. Trey Martinez Fischer, D-San Antonio.

“He’s built an authentic platform with a lot of Texans and put it to good use to help us,” he said.

State Rep. Armando Walle, D-Houston, said the donations that O’Rourke has been sharing have been a big morale boost. He said seeing so many Texans giving small donations to help the cause has lifted spirits as the Democrats in D.C. push ahead.

“It’s meant the world to us,” Walle said. “It’s been a shot in the arm.”

Yet while O’Rourke may not be looking for an immediate tradeoff, he still benefits in a big way from what the House Democrats have done.

Rottinghaus said the Democrats’ battle over voting rights has teed up the very issues that O’Rourke would want to talk about on a campaign for governor.

“Now all they need is for him to step into the tee box,” Rottinghaus said.

One can only hope that is being communicated. I feel reasonably confident that Beto will have plenty of volunteer and establishment energy if and hopefully when he announces his candidacy. In the meantime, he’s definitely helping.

Sure, let’s have a fraudit here in Texas

What could possibly go wrong?

Unfair to clowns, honestly

Republican House members are seeking a forensic audit of the November election results, but only in Texas’ largest counties that mostly went for Democrat Joe Biden.

Legislation filed by Rep. Steve Toth, R-The Woodlands, requires the state’s Republican leadership to appoint an “independent third party” to carry out the audit. Among the bill’s 15 GOP co-authors are Deer Park Rep. Briscoe Cain, who chairs the House Elections Committee, and Cypress Rep. Tom Oliverson, vice chairman of the House Republican Caucus.

“Texans want to know more about the claims of voter fraud and deserve to have confidence in their elections,” Toth said in a statement about House Bill 241. “Voters want to know that their legal vote counts and matters.”

The legislation will likely go nowhere in the 30-day special session, since Democrats’ walkout stopped the GOP-led House from conducting any business. But the push shows how, despite no evidence of widespread fraud and in a state Donald Trump carried, some Republicans are still raising questions about the 2020 election results six months after Biden took office.

[…]

Rep. Chris Turner, who chairs the Texas House Democratic Caucus, said Tuesday that the legislation sounds like “it’s all based on the lie that there’s widespread voter fraud and Donald Trump really won the election.”

“I don’t know if these folks are aware of it, Trump actually did carry Texas,” said Turner, D-Grand Prairie. “So I’m not sure what they’re trying to find in their audit.”

The same thing they’ve been looking for from the beginning, which is strategies, methods, and justifications for delegitimizing Democratic votes and voters, especially non-white votes and voters. The tell is in the way the size of the counties that are in scope for this is defined: Counties with at least 415,000 people, which as noted are the top 13 counties by population in Texas. Why stop there, and why such a weird population cutoff number? Well, if you take the next 13 counties, 11 of them were carried by Trump. If you go down to the next 13 on the list, which gets you to all counties with at least 100,000 people (a much nicer, rounder number than 415,000), all 13 were won by Trump. It’s just that simple – maximize the scrutiny on Democratic counties and find ways to make them look suspicious, while minimizing it on Republican counties. It’s genius, in its malicious way. And by the way, this isn’t just my inference. It’s what Steve Toth has explicitly said.

Now some of these counties not-top-13 counties were close – Jefferson and Nueces were just barely won by Trump – and some others are (as we have seen) clearly trending Democratic, like Brazos and Brazoria. But still, they were won by Trump and thus are not of interest to anti-democrats like Toth and Cain. Ken Paxton, who knows a thing or two about making egregiously false claims about the 2020 election, has signed on to this farce as well. Does anyone think Greg Abbott will resist? Hope he’s distracted by some other shiny object, or that someone reminds him of how these audits have caused tons of election equipment to be decertified as a result of being mauled by the incompetent frauditors. As with everything else at this point, if they want to do it and a quorum exists, there’s precious little Dems can do to stop them.

One million reasons why Greg Abbott thinks the grid is just fine

Or 2.4 billion reasons, depending on how you want to count it.

The Texas electric grid collapse during the February winter storm killed hundreds of Texans and caused an estimated $295 billion in damages, while generating seismic gains for a small and powerful few. The natural gas industry was by far the biggest winner, collecting $11 billion in profit by selling fuel at unprecedented prices to desperate power generators and utilities during the state’s energy crisis. No one won bigger than Dallas pipeline tycoon Kelcy Warren: Energy Transfer Partners—the energy empire Warren founded and now is executive chairman of—raked in $2.4 billion during the blackouts.

That immense bounty soon trickled down to Governor Greg Abbott. On June 23, Warren cut a check to Abbott’s campaign for $1 million, according to the governor’s latest campaign finance filing, which covers January through June. That’s four times more than the $250,000 checks that the billionaire has given to Abbott in prior years—and the most he’s ever given to a state politician in Texas.

In the months after one of the worst energy disasters in U.S. history, Abbott has dutifully steered scrutiny away from his patrons in the oil and gas industry. Last month, the governor signed into law a series of bills that strengthened regulation of the state’s grid. But experts warned that lawmakers didn’t go far enough to prevent another grid failure and failed to crack down on natural gas companies. At a bill signing ceremony on June 8, Abbott proclaimed that “everything that needed to be done was done to fix the power grid in Texas.”

The unusually large contribution from the blackout’s biggest profiteer raises questions about Warren’s influence over the governor and has prompted outrage at what many see as a blatant political kickback for kowtowing to the powerful natural gas industry.

[…]

As he gears up for a reelection bid in 2022, Abbott has resisted calls to include further power grid fixes in a special session. Instead, his current special session agenda centers on sweeping “election integrity” legislation that prompted House Democrats to break quorum for the second time this year and hole up in Washington, D.C., until the session expires.

The governor has relentlessly pinned blame for the grid failure on renewable energy sources like wind and solar, Electric Reliability Council of Texas officials (ERCOT), and even the state’s giant power generators, all while ignoring the significant failures of the natural gas industry. Lawmakers watered down proposed regulations on the gas supply system in the face of aggressive industry lobbying.

By refusing to include additional grid reforms in special sessions, Abbott has ensured that the natural gas sector will avoid any further legislative scrutiny. That, experts warn, means the state’s grid remains at risk of future collapse. Earlier this month, Abbott issued another love letter to his fossil fuel benefactors, ordering his three brand-new Public Utility Commission (PUC) appointees to create incentives for fossil fuel and nuclear power generators and impose new costs on wind and solar plants.

While gas companies made huge profits during the winter storm, the financial fallout has been passed on to Texans. In May, lawmakers passed legislation that provided several billion dollars in state bonds for power companies that were waylaid by the exponential hike in energy costs. Texans will be paying that off through higher gas bills for at least the next decade.

Not really much to add to this, is there? It’s not like this is anything new, but it sure feels more blatant than usual. If there isn’t an effective advertising message in this, I don’t know what one might be.

Some legislators want to keep UT out of the SEC

This is kind of hilarious.

As the college athletics world roils over the possibility of the University of Texas and the University of Oklahoma leaving the Big 12 conference, a group of Texas legislators with ties to other universities in the state has mobilized.

Four prominent lawmakers — one each with ties to Baylor University, Texas Christian University, Texas Tech University and Texas A&M University — met with Gov. Greg Abbott’s staff Thursday, one day after news broke that UT and OU had reached out to the Southeastern Conference about joining, according to a source briefed about the meeting and an Abbott spokesperson. Abbott is a UT alumnus and outspoken Longhorn fan.

The four lawmakers were Rep. Greg Bonnen, R-Friendswood, who chairs the influential House Appropriations Committee and attended Texas A&M; Rep. Dustin Burrows, R-Lubbock, who received his law degree and MBA from Texas Tech and chairs the powerful House Calendars Committee; Rep. Jeff Leach, R-Plano, who chairs the House Committee on Judiciary and Civil Jurisprudence and was a student body president at Baylor; and Sen. Lois Kolkhorst, chair of the Health and Human Services Committee and a former TCU athlete. Kolkhorst declined comment and the other three lawmakers did not immediately respond to requests for comments Thursday evening.

Leach and Burrows have already expressed their concern about a potential move on social media, with Leach saying on Twitter that he was “working on legislation requiring legislative approval for UT to bolt the BIG XII.”

“This is about much more than college sports,” Leach wrote. “The impact UT’s decision would have on communities & businesses all across Texas would be real, substantial and potentially devastating. On behalf of those concerned Texans, the Texas Legislature has an obligation to be involved.”

See here for the background. Nothing is happening in the Lege right now, for obvious reasons, and one wonders what motivation “outspoken Longhorns fan” Abbott would have to stop his alma mater from making this move, since he’d have to add the item to the next special session agenda. For sure, if UT and OU leave the Big XII it will consign TCU, Baylor, and Texas Tech to a diminished future, but that’s a result of longtime forces in college sports. Their foundation wouldn’t be any firmer, they’d just be holding off the tide for another day. Speaking again as a fan of a team that was left behind in the 90s, I understand their fears, but by the same token since they were among the leavers, I trust you’ll forgive me if I don’t rush to sympathize. Sean Pendergast, Jerome Solomon, and the Chron have more.

UPDATE: There’s now a bill to effect this end, HB298. If it gets added to the call, and if there’s a quorum when that happens, then maybe that has a chance. Don’t hold your breath.

UPDATE: I’m dying:

Sources: Gov. Abbott not returning calls from top Republicans in the Texas Legislature about UT trying to head to the SEC

Republicans like Chairman Dustin Burrows and Chair Brian Birdwell have filed bills to block UT from changing conferences, but of course that’s not on the special session agenda. The governor’s office has gone quiet.

There’s been a real distinct lack of high comedy this legislative season. I want to thank the universities of Texas and Oklahoma for providing the opportunity to bring a little of that back.

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.

Abbott preps another shot at trans kids

What an asshole.

Gov. Greg Abbott said Monday he was preparing to take action to restrict transition-related medical care for transgender minors in Texas after legislation to do so failed during the regular session.

“I have another way of achieving the exact same thing, and it’s about a finished product as we speak right now and may be announced as soon as this week,” Abbott said during a radio interview. He did not provide further details.

Abbott’s comments came as the interviewer, Mark Davis, asked Abbott why he did not add the issue to his agenda for the special session that began earlier this month. Abbott blamed the lower chamber, saying the “chances of that passing during the session in the House of Representatives was nil.”

During the regular session, the Senate passed a bill to outlaw transgender youth health care treatments, but a similar proposal in the House fell victim to a bill-killing deadline late in the session. The bill would have banned hormone therapy, puberty suppressant treatments and transition-related surgeries for children, which are rarely used before puberty.

Abbott faced pressure from some on his right to include the proposal in his special session agenda, and when he did not, the scrutiny only mounted.

Abbott primary challenger Don Huffines said at the time that the issue was among the “glaring omissions” from the special session agenda “that show how far out of touch [Abbott] is with everyday Texans.”

See here, here, and here for some background. He is indeed out of touch, Don, but not in the way you think. I don’t know what he has in mind here – typical Abbott – and I don’t know why he didn’t do whatever it is he’s thinking of before now. I’m certain there will be a legal challenge, and after that who knows. What I do know is that the trans kids and their families who have been living through these hell sessions deserve so much better. The Chron has more.

Day 4 quorum busting post: You may have won a free trip home!

I don’t think the Dems are going to claim this prize.

The push to bring fugitive Texas Democrats back to Austin could be reaching new heights.

House Speaker Dade Phelan on Thursday said he will charter a plane Saturday from Washington D.C. to Austin to retrieve the Democrats who fled to the nation’s capital to avoid voting on an elections bill that they say would restrict voting rights.

“I am demanding all of our colleagues in D.C. to contact my staff immediately in order to secure their seat on the plane and return to Austin in order to do the state’s business,” Phelan, a Beaumont Republican, said in a statement. “The State of Texas is waiting.”

The decamped Democrats, however, said they won’t be riding.

“The Speaker should save his money. We won’t be needing a plane anytime soon as our work to save democracy from Trump Republicans is just getting started,” they said in a shared statement. “We’re not going anywhere and suggest instead the speaker end this charade of a session, which is nothing more than a monthlong campaign for Gov. Abbott’s re-election. The speaker should adjourn the House Sine Die.”

May need to work on the marketing pitch. I don’t know that there’s anything Speaker Phelan would be empowered to offer the Dems as an incentive to return, given the shit sandwich that is the special session agenda, but that’s about the only approach I can think of that might have a chance, at least at this time. Just waiting it out and hoping/expecting that circumstances will eventually compel enough of them to return is the most likely play.

Of course, Speaker Phelan can continue applying the stick and hope for the best.

El Paso Democrat Joe Moody was stripped of his position as speaker pro tem of the Texas House on Thursday in the first major backlash for a Democrat who left the chamber to prevent a vote on a GOP priority elections bill.

House Speaker Dade Phelan, a Beaumont Republican, announced the removal of Moody as speaker pro tem in a memo Thursday morning before the House was set to return Thursday. He gave no statement but said the removal was effective immediately.

“The most important titles in my life will never change: Dad, Husband, El Pasoan,” Moody said in a statement. “Nothing political has ever even cracked the top three, so nothing has changed about who I am or what my values are.”

Moody has served as speaker pro tem for two sessions under two speakers. He is one Phelan’s top allies in the Democratic party, and the two have worked together to push bills aimed at making fixes to the state’s criminal justice system.

The speaker pro tem performs the duties of the speaker in their absence. Moody’s appointment to the position was seen as an olive branch by Republicans and raised the El Paso Democrat’s profile and stature in the chamber.

Rep. Chris Turner, chairman of the House Democratic Caucus, blasted Phelan’s decision in a statement on social media.

“The smartest decision Dade Phelan has made as speaker was to appoint Joe Moody Speaker Pro Tem,” he said. “Joe works tirelessly to help lead the House and is respected by [Democrat] & [Republican] members. That’s why the Speaker’s decision to remove Joe is so short-sighted and so dumb.”

Turner also issued another joint statement with Democratic caucus leaders Rafael Anchía of Dallas, Garnet Coleman of Houston and Nicole Collier of Fort Worth.

“We know first hand that Speaker Pro Tem Joe Moody has done more than any other member on the House Floor to protect our Chamber and the institution of the Texas House. It’s unfortunate that Speaker Phelan has been unable to do the same,” the statement read.

It also issued a warning shot to Phelan about his next speaker race.

““We are a coequal branch of government. When Governor Abbott decided to defund the whole legislature, Speaker Phelan was silent. There needs to be 76 members who decide who our next Speaker is, and more than 60 are not there.”

I get it. Phelan is undoubtedly under a lot of pressure from Republicans to Do Something about the Dems in his chamber. This is an obvious move, but it’s unlikely to have any effect. It may also have its own cost to Phelan, as noted. We’ll see if it works out for him.

I don’t have anything else today, but in case you missed it yesterday, there was good ol’ Ted Cruz flapping his gums about people leaving the state at inappropriate times. I’m sure you can imagine what happened next.

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.

Senate Republicans advance their anti-trans sports bill

There were enough of them on the committee to have a quorum by themselves, so they did the thing that they do.

Legislation that would limit transgender students’ participation in school sports advanced out of a Senate committee on Monday after similar legislation failed to pass during the regular session.

With no Democratic members present after dozens of Democrats fled the state, in an attempt to halt GOP-backed voting restrictions legislation, six Republicans on the Senate Health and Human Services Committee still had a quorum and held their first public hearing on two bills during the days-old special legislative session. Gov. Greg Abbott added the issue to lawmakers’ agenda when he called the special session.

Sen. Charles Perry, R-Lubbock, who is also vice chair of the committee and who authored Senate Bill 2 and Senate Bill 32, said the bills would protect cisgender women’s rights to compete in their desired sports.

Both of the bills would require student athletes to participate on sports teams that correspond with the student’s sex assigned at birth or listed on their official birth certificate at or near the time of birth. SB 32 would impact sports at K-12 public schools, while SB 2 covers both K-12 and public colleges and universities.

“It reminds us that it’s not OK to destroy the dreams of one for the benefit of another,” Perry said during the committee hearing, arguing that transgender boys and men could take opportunities away from cisgender girls and women.

Advocates for transgender athletes and other opponents of the bill argued that there was little evidence that transgender athletes were joining sports teams.

Maddox Hilgers, who identifies as nonbinary and is a graduate student at the University of Houston, implored the committee to halt the legislation.

“This argument that transgender athletes will take over women’s sports is ridiculous, because there just not enough transgender girls to do that,” Hilgers said.

The University Interscholastic League of Texas — which oversees and governs high school athletics in Texas — currently requires the gender of students be “determined based on a student’s birth certificate.”

But the UIL recognizes changes made to a student’s birth certificate, including when a transgender person has the gender on their birth certificate changed to correspond with their gender identity, said Jamey Harrison, the UIL deputy director. But SB 2 and SB 32 would no longer allow that.

As the story notes, this is basically the same bill that was passed by the Senate in the regular session but eventually died on the House calendar despite the best efforts of Harold Dutton. At the time, the NCAA made some threatening noises about bills like this, but I don’t know how closely they’re paying attention now. Of course, as long as Dems in the House stay out of town, this bill and any others are dead in the water, but we all know the current situation will come to an end sooner or later. I don’t know how much something like this gets prioritized if we get into crunch time for redistricting, but I wouldn’t count on it disappearing. The Chron and Jessica Shortall, who live-tweeted the hearing, have more.

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.

Bad bail bill 2.0

This was also happening over the weekend.

Days into a short legislative session, Texas lawmakers are moving quickly to pass a GOP priority bill that would make it harder for some people who have been arrested but not convicted to bond out of jail without putting up cash.

Legislators in the House and Senate filed matching bills to change state bail practices earlier this week, echoing legislation that failed to pass in the regular session. On Saturday, committees in both chambers approved the bills and sent them to the full chambers after nearly three hours of debate in the Senate and nine hours in the House.

The sweeping bail legislation would change how and if people can be released from jail before their criminal cases are resolved, while they are still legally presumed innocent. The bill would ban the release of those accused of violent crimes unless they had enough cash, as well as restrict charitable groups’ ability to pay to get people out of jail.

While the two Democrats on the Senate committee supported Senate Bill 6, House Democrats down the hall spoke out strongly against the identical House Bill 2, arguing it would lead to mass detention disproportionately affecting people of color, and it would create an overreliance on money in Texas’ pretrial system that is unfair to people who are poor. Both chambers of the Texas Legislature have a Republican majority.

During the hearings, the Republican bill authors, crime victims and their supporters argued new bail laws are needed to keep dangerous people behind bars before their trials, pointing to rising crime rates and numerous examples of defendants accused of violent crimes having been released from jail on bond and then accused of new crimes.

Bill supporters have also fought against the increase in courts releasing defendants on personal bonds, which don’t require them to have cash to get out of jail but can include restrictions like GPS ankle monitoring or routine drug testing.

“SB 6 is legislation which is really a direct response to the increase in violent and habitual offenders being released on personal bonds along with low-cash bonds,” State Sen. Joan Huffman, a Houston Republican and author of the bill said Saturday. “We have failed our communities, we have failed our citizens, definitely we have failed the victims, and it’s time to do something about it.”

House Democrats and civil rights advocates opposing the legislation took aim at the bills’ continued reliance on cash bail, noting that it primarily penalizes low-income people.

“What does ability to post a cash bond, how does that make a community safe?” questioned state Rep. Joe Moody, D-El Paso, who leads the House Criminal Justice Reform Caucus. “The bill pushes more people into the cash bail system by precluding their ability to have a personal bond in a laundry list of situations.”

See here and here for my blogging about this from the regular session. Note that these hearings were held before the voter suppression bill hearings, which is one reason why those went so late – they started late, too. You should also read Scott Henson’s testimony before the committee, in which he suggests that this will have a big negative effect on rural counties. You know how I feel about this, and you also know that if the Republican majority is determined to pass this, they can and they will. So let me remind you of this:

For years, civil rights groups and federal courts nationwide and in Texas have scrutinized bail systems’ reliance on cash. In Harris and Dallas counties, federal courts ordered changes to bail practices ruled unconstitutional because they led to the systematic detention of people who haven’t been convicted of a crime simply because they were poor.

In an ongoing federal lawsuit in Houston, civil rights attorneys pointed to the case of Preston Chaney, a 64-year-old man who caught the coronavirus in the Harris County jail and died. He’d been kept in jail for months, accused of stealing lawn equipment and meat from a garage. If he’d been able to pay about $100, he could have walked out of jail shortly after his arrest.

Whatever gets passed here is going to wind up in the federal courts, and the state is likely to lose. Not that the Republicans are concerned about that – these bills are about primaries, not policies. This whole session, and most of the regular session, were about primaries. I’m sure you can guess what my prescription for getting less of this in the future is.

The Lege has its voter suppression hearings

People showed up to say something about it, that much is for sure.

Hundreds of Texans lined up at the state Capitol on Saturday for their first opportunity during the special legislative session to testify before lawmakers over the renewed effort to pass new voting restrictions.

Both House and Senate committees are expected to take up the respective versions of GOP-backed legislation, and as of early Saturday afternoon more than 300 people had signed up to speak.

Lufkin Republican Rep. Trent Ashby, chair of the select committee hearing the House’s voting bill, said he expected bills to be advanced out of committee at the close of the Saturday hearing, meaning the House’s bill could get a floor vote as early as next week.

In other words, there’s a chance that this passes the House before restoring legislative funding does. As of this writing, that hadn’t even gotten a committee vote in the Senate. Way to assert your agency, y’all.

I drafted this yesterday afternoon, when things were just getting started. I will not be staying up late to see the inevitable result. That Trib story will surely be updated at some point, and they have a video embed for the hearings as well. The redoutable Emily Eby is doing the live-tweet thing again, and that will be a rich source of information for you. Catch up on what happened, likely well into the night, and then try to enjoy your day today.

UPDATE: Here’s the Chron story. Testimony on the bills from the public – which is to say, people who showed up by 8 AM to have their voices heard – did not begin until 1:41 AM, more than 17 hours later. As I type this, it is still going on. This is how little the Republicans who are pushing this legislation care about public opinion.

UPDATE: Here’s the Trib story about how long it took for anyone to be heard on this.

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.

Disabled voters worry about getting screwed by SB7

It won’t be called SB7 in the special session on voter suppression, but you know what I mean.

Texas Republicans have pursued broad efforts this year to ratchet up voting restrictions in the aftermath of a high-turnout election that saw high-profile fights over the state’s voting rules, including the tight eligibility requirements for absentee voting. The 2020 election marked a shift from what was traditionally a tool utilized by the GOP to one that was instead taken up by more Democratic voters. But as the GOP has worked to clamp down on what remains a limited voting option, voters with disabilities — who are among the few groups of Texans eligible to vote by mail — have been caught in the middle of the fight.

Republicans have cast their proposals as “election integrity” measures to protect the voting process from fraud, even though there is no evidence it occurs on a widespread basis. But throughout the spring legislative session, nearly every version of the GOP’s priority voting legislation raised alarms for disability rights advocates who warned lawmakers they would likely run afoul of federal protections for disabled voters.

Texas offers two avenues to voting most helpful for people with disabilities. If they’re unable to vote in person without needing assistance or injuring their health, they can request a mail-in ballot. If they want to vote in person but need assistance, they can ask someone to accompany them to a polling place to help them through the voting process.

Under Republican proposals that are expected to be reconsidered this month, both of those paths might be further constricted.

In the Senate, Republicans wanted to require proof of a condition or illness, including written documentation from the Social Security Administration or a doctor’s note, before disabled voters can receive mail-in ballots for every election in a calendar year. Under current law, voters need only attest that they have a disability that qualifies them for a mail-in ballot.

That proposed change was eventually pulled down, but Republican senators moved forward with a bill that would have increased the likelihood that people with disabilities would be cast as suspect voters if they used other legal accommodations, like having assistance at the polling place.

The GOP bill would have allowed partisan poll watchers to video record voters receiving assistance in filling out their ballots if the poll watchers believed the help was unlawful — a change that disability rights advocates argued would wrongly target people with disabilities. For voters with intellectual or developmental disabilities, for example, voting help may require prompting or questioning that could be misconstrued as coercion by a person unfamiliar with that sort of assistance.

Although voters can select anyone to help them as long as they’re not an employer or union leader, House Republicans attempted to set up new rules for those helping voters, including a requirement to disclose and document the reason the voter needed assistance, even if for medical reasons.

At multiple points during the session, Republicans said they tweaked some of those proposals in response to concerns from disability rights advocates. But when the final version of the legislation emerged from backroom negotiations just before the end of the regular session, it included unwelcome changes to redefine what constitutes a disability under state election law, as well as new identification requirements for voting by mail that advocates said lacked clarity.

“Our voices weren’t being heard at the very end when it was the most important,” said Chase Bearden, the deputy executive director for the Coalition of Texans with Disabilities.

The story opens with an account of one woman who felt the need to cast her mail ballot in person, and the ordeal she endured to do so. It’s worth reading, and reflecting on how much easier it is for some people to vote than it is for others. What happens with the provisions that the disability rights community objected to and had some success stopping in the regular session now that we’re in overtime is unknown. I think the Republicans may at least listen and try to make some accommodations, but if it comes down to them or their base, it’s no contest. At that point it will be a matter of whether litigation over equal access for folks with disabilities will have any better luck in the courts than litigation over claims of racial discrimination. I can’t say I’m optimistic, but we’ll see.

Here are your new SB7s

We start with the House.

The Texas House is starting off on a new foot on the contentious elections proposal that blew up the regular legislative session.

As a special session reviving the Republican-priority bill got underway Thursday, there were ample signs that the lower chamber was taking a fresh approach to the legislation, at least procedurally. The bill has a new author who is moving early to get colleagues’ input, and it is going through a new committee that House Speaker Dade Phelan, R-Beaumont, says he created to bring more diverse perspectives to the issue.

[…]

The House’s revised approach to the voting legislation is in contrast to the Senate. In that chamber, Sen. Bryan Hughes, a Mineola Republican, is again carrying the omnibus election proposal, which for a second time will be considered before the upper chamber’s State Affairs Committee, which Hughes chairs. The committee is set to consider the legislation Saturday.

One of the starkest changes to the elections bill in the House for the special session was its author. Rep. Briscoe Cain, the Deer Park Republican who chairs the House Elections Committee, carried the bill in the regular session, but Phelan tapped Rep. Andrew Murr, R-Junction, to take the lead on it during the special session. Murr currently chairs the House Corrections Committee.

On Wednesday, Murr sent a letter to House colleagues announcing he had filed House Bill 3 and was soliciting their feedback.

“Because this subject is important to all Members and their constituents, and given the compressed time frame of the special session, I welcome any questions, discussions or comments you may have,” Murr wrote, inviting members to call him or come by his office.

[…]

Phelan did not put Cain on the new panel, nor did he tap Rep. Jessica González, a Dallas Democrat who serves as vice chair of the Elections Committee. But he did tap Rep. Travis Clardy, R-Nacogdoches, a member of the Elections Committee who had helped Cain with the elections bill during the regular session.

On Thursday, the main elections bill for the special session — HB 3 — as well as other voting-related proposals were referred to the select committee instead of the Elections Committee. The election bill was set for a hearing set to start 8 a.m. Saturday.

During Democrats’ news conference Thursday, Rep. Chris Turner, a Grand Prairie Democrat who chairs his party’s caucus, said that the legislation, despite any changes that may be made to it, “is inherently flawed.”

“The bottom line on HB 3 is, just like SB 7, it’s based on a lie,” Turner told reporters. “It’s based on a lie that there’s rampant problems in our elections and the big lie that Donald Trump actually won the last election.”

As noted, the Senate will also have a hearing on Saturday. Tomorrow will be a busy day.

This story covers the differences between the House and Senate bills, and how the differ from what had been done in the regular session. It’s nice that some of the more egregious things like the restriction on Sunday early voting hours and the lessening of legal standards to challenge an election were removed, but there are still some truly bad things in these bills, and they’re not getting enough attention. For example:

SB 1 strays from the House’s legislation by setting up monthly reviews of the state’s voter rolls to identify noncitizens — harkening back to the state’s botched 2019 voter rolls review. The bill would require the Texas secretary of state’s office to compare the massive statewide voter registration list with data from the Department of Public Safety to pinpoint individuals who told the department they were not citizens when they obtained or renewed their driver’s license or ID card.

That sort of review landed the state in federal court over concerns it targeted naturalized citizens who were classified as “possible non-U.S citizens” and set up to review notices from their local voter registrar demanding they prove their citizenship that their registrations are safe.

State election officials ultimately ended that effort as part of an agreement to settle three legal challenges and agreed to rework their methodology to only flag voters who provided DPS with documentation showing they were not citizens after they were registered to vote. But they do not appear to have ever taken up the effort after that debacle.

While the Senate bill does not reference that agreement, it indicates that the secretary of state’s office would be responsible for setting up rules to implement the review.

I guarantee you, the implementation of this will be a disaster. This provision is heavy-handed, the mandated frequency will make it error prone, and the end result will be many people thrown off the rolls incorrectly. I don’t care how the Secretary of State sets up the rules, there is no reason to trust this process.

Both bills include language to strengthen the autonomy of partisan poll watchers at polling places by granting them “free movement” within a polling place, except for being present at a voting station when a voter is filling out their ballot. Both chambers also want to make it a criminal offense to obstruct their view or distance the watcher “in a manner that would make observation not reasonably effective.”

Currently, poll watchers are entitled to sit or stand “conveniently near” election workers, and it is a criminal offense to prevent them from observing.

What this will lead to is some Republican knucklehead uploading a video of something he will claim is “proof” of “voter fraud”, when it will be nothing of the sort. But because he will have been there, at the scene, acting in an “official” capacity, people will believe him. Nothing good can come of this. We need more protection from partisan poll watchers, not protections for them.

Anyway. Watch the hearing if you can, register to leave written feedback if you can, and then work like hell to boot the people pushing this crap out of office in 2022. It’s all we can do.

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.

Abbott tells the PUC to, like, “do something” about electricity and stuff

He’s a Very Serious man making Very Serious proposals.

Gov. Greg Abbott on Tuesday gave state electricity regulators marching orders to “improve electric reliability.”

In a letter to the Public Utility Commission, Abbott directed the three-person board of directors, who he appoints, to take action that would require renewable energy companies to pay for power when wind and solar aren’t able to provide it to the state’s main power grid, echoing a move state lawmakers rejected in May.

Abbott also told the PUC to incentivize companies to build and maintain nuclear, natural gas and coal power generation for the grid — which failed spectacularly during a February winter storm, leaving millions of Texans without power or heat for days in below freezing temperatures.

Texas energy experts were skeptical that Abbott’s orders would actually improve the reliability of the state grid, which operates mostly independently of the nation’s two other major grids.

“What is here is not a serious or prudent plan for improving the grid,” Daniel Cohan, an associate professor of civil and environmental engineering at Rice University, said in an interview Tuesday. “It’s more of a political job favoring some [energy] sources over others. For Texans to have a more reliable power supply, we need clearer thinking that makes the best of all the sources we have.”

Abbott’s letter also called on the PUC to direct the state’s main grid operator, the Electric Reliability Council of Texas, to better schedule when power plants are offline, an issue that caused tension between state regulators and power generators after some power plants unexpectedly went offline in June and led ERCOT to ask Texans to turn their thermostats up to 78 degrees for a week during a heat wave to conserve energy.

Abbott responded to the plant outages by declaring the power grid “is better today than it’s ever been.”

Does anyone believe that? I don’t know what the odds are of another major power failure between now and, say, next November, but does anyone think such platitudes will be accepted by the public if one does happen? Even Dan Patrick thinks that power grid reform items – most of which never went anywhere during the session – should be on the special session agenda. Maybe we all get lucky and nothing bad happens any time soon, but if that’s the case it won’t be because Abbott was busy urging us all to clap louder.

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.

Let a thousand Justice Department probes of Texas voter suppression bloom

Just don’t expect too much to happen.

With Texas lawmakers poised to push for new voting restrictions in a special session next week, the state’s congressional Democrats are urging U.S. Attorney General Merrick Garland to investigate Texas’ existing voting laws.

In a letter to Garland on Thursday, the Democrats — led by U.S. Reps. Joaquin Castro of San Antonio and Marc Veasey of Fort Worth — urged the U.S. Department of Justice to examine what they called “unconstitutional voter suppression” in Texas. They pointed to a number of existing practices that they say disproportionately affect Black and Latino voters, including the closure of polling sites across the state, reports of voter intimidation and a lack of Spanish-language voting materials.

They also reminded Garland that Republicans are likely to bring back a revised version of a controversial elections bill as early as next week, asking that federal officials keep a close eye on any changes.

“The Department of Justice must protect voting rights for all Texans,” wrote the group of 12 lawmakers, which includes all of the state’s Democratic members of Congress except U.S. Rep. Henry Cuellar of Laredo. “I am requesting that the DOJ Civil Rights Division focus its investigative powers in key areas reported over the last several elections that present a pattern of racially discriminatory voting practices in Texas.”

This was motivated in part by AG Garland puttint Texas on notice after suing Georgia over its voter suppression law. I applaud the move, but I don’t expect much from the federal courts, especially now. Put the maximal pressure on the poll watcher stuff and the “mistaken” provision to make it easier to overturn elections. Make some noise and hope to score some PR wins, if nothing else.

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.

The Texas Dem legislators and the push for federal voting rights legislation

We know this happened.

Vice President Kamala Harris on Wednesday pointed to Texas Republicans’ push for sweeping new voting restrictions as a key illustration of the need to restore federal oversight of elections.

While meeting at the White House with a group of Democratic members of the Texas Legislature, Harris pointed to the U.S. Supreme Court’s 2013 ruling to nullify the lynchpin of the landmark Voting Rights Act that kept states like Texas under “preclearance” of its voting laws to safeguard the rights of voters of color — a measure Democrats are hoping to bring back with new federal legislation.

“We have seen exactly what we feared when that case came down in 2013. Because that case was an opening of a door to allow states to do what otherwise we have protected against, which is states putting in place laws that are designed, in many cases quite intentionally, to make it difficult for people to vote,” Harris said. “And so this is what we’ve seen over and over again, and what’s happening right now in Texas is, of course, a very clear and current example of that.”

Harris’ remarks came at the start of a meeting with 16 Democratic members of the Texas Legislature. The vice president, who is leading the Biden administration’s voting rights efforts, invited the lawmakers to the White House after state representatives in May staged an 11th hour walkout of the state Capitol to break quorum and prevent a final vote on what is considered one of the most restrictive GOP-backed state voting bills following the 2020 election. On Wednesday, Harris called the Democrats “courageous leaders” and “American patriots.”

The bill Democrats defeated, Senate Bill 7, would have brought sweeping changes to Texas elections by restricting voting hours, narrowing local officials’ control of elections, further tightening the rules for voting by mail and bolstering access for partisan poll watchers, among several other provisions.

[…]

In a series of meetings with U.S. senators and congressional leaders, Democrats have been using the trip — and the national attention their quorum break garnered — to push for a pair of federal bills that could preempt portions of the Texas legislation they temporarily prevented from becoming law and restore expansive protections for voters of color. With Republicans in full control of the Legislature, Gov. Greg Abbott has vowed to call lawmakers back this summer for a special legislative session to pass the bill into law.

The far-reaching federal For the People Act would overhaul elections, requiring states like Texas to offer automatic and same-day voter registration. Under the law, Texas would also have to drop its tight eligibility requirements for voting by mail, among several other changes to state law. The more narrowly tailored John Lewis Voting Rights Advancement Act could place Texas back under federal oversight so its election laws could not go into effect before the federal government ensured they wouldn’t undermine the voting rights of people of color.

Under preclearance, various sets of political maps and voting restrictions were placed on hold with federal courts repeatedly finding Texas lawmakers intentionally discriminated against voters of color in drawing them up.

The point of preclearance, and the reason for the urgency, is that in a world where preclearance has been restored, any new legislation that affects voting in any way will have to be reviewed before it can be implemented. In the world we’re in now, those bills go into effect until and unless they are put on hold by a federal court after a lawsuit has been filed. As we know from the past decade’s experience with voter ID and redistricting, there’s no reason to expect that to happen. The federal bills would re-establish preclearance in some updated fashion – remember, the Shelby decision was predicated on the fact that the formula used to determine which states needed to be under preclearance was outdated, and it said that Congress could fix that.

The key, though, is that this would only affect state laws passed afterwards. If SB7 had been passed, or if it passes before Congress can enact its bill, then preclearance doesn’t apply. That’s why the quorum break, which doomed SB7 for now, was so consequential, and why the Texas Dem legislators are good spokespeople for getting that ball rolling. I don’t know what will happen in terms of the Congressional calendar – really, the Senate’s calendar, as the House has already passed both of those bills and would be able to pass a revised version of either in short order – but at least the Dems had a receptive audience for their pitch.

Reps. Trey Martinez Fischer and Jasmine Crockett met with [Sen. Joe] Manchin’s staff on Tuesday. In comments to Texas Signal, Crockett maintained that the meeting with his Chief of Staff and another aide was quite substantial. According to Crockett, they started going through all the provisions of the For The People Act, also known as H.R. 1, they agreed with.

“I’m not really one for this term incremental change they continually try to sell me in the Texas House, but if this is what incremental looks like that will at least provide us cover now,” said Crockett. She also told the Texas Signal there were certain things that Manchin supported, like vote by mail options for those who are sick or have a conflict with work, that would be a lot more expansive than what we currently have in Texas now.

Crockett believes a big factor in Manchin’s movements towards supporting some version of a voting rights bill stems from his former role as West Virginia Secretary of State. She also believes she and Martinez Fischer were able to really convey the totality of the voter suppression efforts of SB 7 to him and his staff. “We were able to give them some of the details that they just weren’t privy to because they’ve not lived and breathed SB 7 all session,” said Crockett.

Some members of the Texas delegation did actually meet with Manchin in Washington. U.S. Reps. Sylvia Garcia, Al Green, and Henry Cuellar helped broker the last-minute meeting, which Garcia called “productive.” Senator Jose Menéndez posted on Twitter afterward, writing “Working together we’ll find a pathway forward to protect [voting rights] of all Americans and protect our democracy.”

[…]

The fact that Manchin was engaging in an earnest debate, was also for Crockett a step forward on voting rights legislation. That wouldn’t have happened if Texas House Democrats had not broken the quorum. “I really do feel like we were heard, and we were heard in a manner that we wouldn’t have been heard if we just sat there and pushed our buttons and said no and [SB 7] became law,” said Crockett.

There does appear to be some momentum now for the Manchin version of SB1, which received Stacy Abrams’ support as well. It’s when the Republicans filibuster it, and it becomes clear there isn’t any support on their side for the Manchin revision, that we’ll see whether the immovable object or the irresistible force wins.

HISD asks for virtual learning funds do-over

I can understand this.

Thirty school districts, including Houston ISD, and two associations signed a letter to urge Gov. Greg Abbott to add legislation funding virtual learning to any special session for other proposed laws.

A bill that would have ensured districts receive funding for each student enrolled in online-only classes died after Democrats broke quorum to kill a controversial voting bill. The bill was expected to be called at 11:40 p.m. on May 30.

The signatories of the letter sent Wednesday — which also include Aldine, Conroe, Goose Creek Consolidated, Klein and Spring ISDs — noted that many districts scrapped plans to offer virtual learning this upcoming school year after the bill did not get a vote.

[…]

“We respectfully request that you add virtual learning to the list of items for the legislature to act on during any special session you call prior to the 88th Legislative Session,” the letter reads. “Over the past year, many students have discovered that virtual learning provides them with an opportunity to learn and grow in their own unique way.”

There is no new statutory framework authorizing remote instruction without the legislation, according to Texas Education Agency. The agency used disaster authority for the 2020-21 school year to OK funding for remote instruction, but that authority cannot be used for the new school year.

Under the proposal, districts and charters with a state-issued academic accountability rating of C or higher for the previous year would have been allowed to operate a local remote learning program. Districts that decided to offer such programs would have had wide discretion over which students could enroll.

The bill was HB1468, with Democratic and Republican authors and sponsors. It makes sense to me, because some kids benefited from remote learning, and some kids who are not able to get the vaccine either due to not being 12 yet or because of underlying health issues still need to stay home. Several teachers unions opposed the bill, presumably because teaching in dual mode is a lot more work without any bump in pay. It would be a simple matter for this bill to pass if added to a special session, since it was well on its way originally, but as we know that is entirely up to Greg Abbott, and who knows what he’ll do.

From the “Oops, how did that get in there?” department

Remember how the final version of SB7, the one that emerged from behind closed doors in conference committee, had a provision in it that would have made it a lot easier to overturn the result of an election via legal challenge? That was one such provision that had not been in previous versions of the bill. Well, apparently no one claims to know how it got there, and we are being promised that the next version of the omnibus voter suppression bill will not have it.

In a sweeping overhaul of Texas elections law that Republicans rushed toward approval in the waning hours of the legislative session, one provision stood out to critics as particularly alarming.

The hastily-added clause would have made it easy for a judge to overturn an election, even if there were only thin evidence of fraud. With former President Donald Trump’s historic efforts to nullify his November loss still fresh in their minds, Democrats singled out the measure as irresponsible.

“Just think about that — your election, YOUR election could be overturned without the other side being required to prove actual voter fraud,” said state Rep. Julie Johnson, D-Carrolton, in an impassioned speech on the floor of the Texas House. “The implications of this are unthinkable. To make matters worse, the provision was not in either the Senate or the House version of the bill.”

The bill never passed, dying at midnight on May 31 after the Democrats blocked a vote on it by walking out. Yet policy debates have given way to an even more basic question: Who added the “Overturning Elections” section to it?

One of the members of the conference committee that crafted the final version of the bill, state Rep. Travis Clardy, R-Nagodoches, says he doesn’t know. Other top Republicans who worked on the final draft of the legislation say they don’t know either.

What’s more, Clardy — and chief author Sen. Bryan Hughes — now denounces the measures related to overturning elections and says Republicans don’t plan to revive them in a future bill.

“There was zero appetite or intent or willingness to create some low bar where a single judge can overturn the results of an election,” Clardy said in an interview with Hearst Newspapers. “That would be horrendous policy, and it would never be healthy for the democracy.”

Democratic members say there is no way those provisions were inserted by mistake. They say they raised concerns about them with Republicans when there was time to spare for the bill to be revised.

The sections would have lowered the standard of proof to overturn an election from “clear and convincing” evidence to a “preponderance of the evidence” for many types of fraud allegations. And they gave judges the ability to void elections even if it couldn’t be demonstrated that fraudulent ballots made a difference in the outcome.

If the bill had passed, Texas would have been one of few states to have lowered the bar so much, opening the door to a flood of potential election challenges, election law experts said.

“If we deliberately design a system that says all you have to do is come up with a simple preponderance — that is, just barely more evidence than the other side — and we’re going to throw out the elections, when we have a whole gamut of election procedures in place that we justifiably expect to produce reliable results in the normal course, we’re really undermining that,” said Steven Huefner, professor of law at the Ohio State University.

[…]

State Rep. Nicole Collier, one of three Democrats on the conference committee and chair of the Texas Legislative Black Caucus, wasn’t buying Republicans’ claims that the language was added by mistake.

“They had time to review it,” Collier said. “The fact that the conference report was signed on Saturday” — the day before it went to the House floor — “means that they had read it, and they approved it.”

Must have been another typo. Really need some better proofreaders, I guess.

This is, of course, all transparent bullshit. The bill was in conference committee for over ten days. Someone put that clause in there, whether anyone will admit to it or not. I will note again how the likes of Dan Patrick were patronizingly telling everyone who made any claim about how the initial version of SB7 would suppress votes to “read the bill”. Who’s not reading the bills now? Maybe if we’d had the time to hold public hearings on this bill, we might have avoided this little embarrassment as well.

And note again, for all of the whining and bitching and threatening to veto funding for legislative functions over the Democratic quorum breaking, the only reason this obvious threat to democracy, which now all of these Republicans agree was a bad idea and which they swear they never intended to include, is not about to be law in Texas is because Dems were able to use the processes available to them to kill that bill. I feel pretty confident saying that Greg Abbott would not put fixing that provision on the agenda in however many special sessions he calls. Republicans screwed this up, because they didn’t care about the niceties of legislating, they just wanted to get their win. You can thank the Dems for sparing us the fallout of their malign incompetence.

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.

Are we headed for a June special session or not?

Too soon to tell. Right now this is just the usual end-of-session venting and frustration.

With the future of the power grid and voting laws in Texas hanging in the balance, tensions among the top political leaders in the Legislature are fueling a round of political gamesmanship that has even the future of the Texas Holocaust & Genocide Commission caught in the crossfire, one of many pawns in a larger battle over GOP priorities.

There are just four days left in the legislative session, which must end by midnight Monday. Yet with so much still unresolved, top Republican leaders in the Texas House and Senate are publicly accusing one another of torpedoing important legislation.

[…]

Gov. Greg Abbott addressed the Republican infighting during a news conference in Fort Worth on Thursday.

“If the leaders in the Legislature will stop fighting with each other and start working together, we can get all of this across the finish line,” Abbott said.

End-of-session drama is almost a given in Texas, where top leaders often clash in the closing days. But this year it is different as the Senate appears ready to take important political hostages in an attempt to force Abbott to call a special session in June, whether he wants to or not.

Just past midnight Thursday morning, the Senate appeared to try to force Abbott’s hand by refusing to take up House Bill 1600, which, if passed, would have assured the continued operation of 18 state agencies — including the Holocaust & Genocide Commission, the Texas Commission on Law Enforcement and the Racing Commission. There are other bills to keep those agencies operating, but HB 1600 is considered a backup to make sure those agencies are not placed in jeopardy unintentionally.

In Fort Worth, Abbott sent a public message back to Austin that he will not be pushed around.

“Not only am I the only one with the authority to call a special session, I get to decide when, and I get to decide what will be on that special session,” Abbott said. “And here’s what I would do if, if anybody tries to force this: It’s not going to be like it has been in the past, where we’ll have 40 items on a special session.”

Abbott said that if there is a special session, “the only thing that we’ll be putting on there are things that I want to see passed.”

Patrick, a Republican from Montgomery County, went on Spectrum News 1 on Thursday afternoon to deny he’s threatening state agencies to pressure Abbott or the House.

“I’m not holding anything hostage,” Patrick told host Karina Kling.

Instead, Patrick says the special session is necessary after the House refused to advance a bill to ban transgender girls from playing on girls scholastic sports teams.

Patrick has a long history of fighting for measures to restrict or regulate transgender Texans. In 2017, a similar bill to stop transgender children from using the bathrooms they are most comfortable with also triggered calls for a special session after the House refused to take it up. Abbott did call a special session, and the so-called bathroom bill still didn’t pass.

Patrick on social media listed other failed bills — a ban on taxpayer-funded lobbyists by city governments and legislation to stop social media companies from “censorship” — as important measures the House has blocked.

See here for the background. As the Trib notes, Abbott supports the things that Patrick is whining about, so this may be just a little show of dominance, or it may be Abbott’s usual fecklessness, or it may be that he had indigestion after ordering the burrito supreme platter for lunch on Thursday. As I said, he’s gonna do what he’s gonna do, and he may telegraph it or he may not. He’s the guy with the power, and he wants to make sure we know that.

One more thing:

All of this is happening as lawmakers still have not reached a final deal on a plan to require electricity grid suppliers and operators to winterize their facilities to prevent a repeat of the mass power outages that left millions of Texas freezing in the dark in February.

The House and Senate passed different bills, but despite that legislation being listed as a priority of nearly every elected official, lawmakers still have not announced a compromise on it.

Eh, who cares about the grid.

The Republican leaders and majorities in both chambers, though, did exactly what I feared they would do. None of the bills heading for Gov. Greg Abbott’s signature address core problems, such as the wholesale market design or the $9,000 price cap. Nothing they did will prevent another blackout of equal scale.

They did agree on more than $9 billion in bailouts for the electric utility industry that Texans will pay off over the next 20 or 30 years through mandatory charges on their utility bills. The goal is to spread the cost of the disaster to all Texans and make the monthly fee so low we do not complain.

This will bail out electricity providers who guarantee customers a set monthly rate, even though electricity is sold on a wholesale market where the price changes every 15 minutes between free and $9,000 a megawatt-hour.

When the February freeze hit and prices maxed out, many retail providers went bankrupt and left behind $2.5 billion in unpaid bills. House Bill 4492 allows the state to issue bonds to pay off those bills and charge customers a monthly fee to repay them.

Electricity co-ops also ran up huge bills for electricity used to power critical facilities. Senate Bill 1580 allows them to issue bonds estimated to total $2 billion. Again, the co-op’s customers will repay those bonds through their monthly bills.

Winter Storm Uri also triggered a 700 percent spike in natural gas prices, creating all kinds of financial pain for another sector that typically guarantees a set price. To help natural gas utilities, the Legislature authorized them to issue $4.5 billion in bonds. We will repay these on our gas bills.

“Considering the extraordinary costs incurred in the recent winter storm, customers could see a dramatic increase in their monthly bills,” Rep. Chris Paddie, R-Marshall, wrote as his intent for the bond authorizations. “This financing mechanism will provide rate relief to customers by extending the time frame over which the extraordinary costs are recovered.”

Magic of the free market, baby. Socialize that debt, and focus on the important things. It’s what they do. Reform Austin and the Trib have more.

Anti-trans sports bill dies

Good news, with the usual caveats.

A controversial Texas bill that would restrict the participation of transgender student athletes in school sports ran out of time for consideration in the House as the lower chamber hit a crucial deadline Tuesday night for passing all Senate bills.

Senate Bill 29 would have mandated that transgender student athletes play on sports teams based on their sex assigned at birth instead of their gender identity. The bill’s proponents said it was necessary to protect girls’ sports, arguing that allowing transgender girls to play on school sports teams gave them an unfair advantage because they have higher levels of testosterone.

LGBTQ advocates said the legislation was harmful and discriminatory against transgender Texans. It is among a slate of Texas bills aimed at transgender people this legislative session and the latest to miss a House deadline that needed to be met so they could advance and eventually become law. No legislative measure can be considered dead, though, until the session ends Monday.

No matter the success of the legislation, LGBTQ advocates say the mere specter that such measures could become law has already damaged the mental health of transgender people.

Debate on SB 29 was delayed until 11:30 p.m. Tuesday night, leaving only half an hour for the chamber to pass the bill. Then several other delayed bills ahead of it ran down the clock until there was no time left for the imperiled bill.

House Democrats spent much of Tuesday’s marathon session using delay tactics to keep several GOP-backed bills, including SB 29, from coming up in time to be debated. With less than 10 minutes until the deadline Tuesday, Democrats offered an amendment to an unrelated bill and then asked each other clarifying questions about it as a way to run out the clock.

As the deadline crept closer, representatives circulated transgender pride flags on the floor in an obvious nod to their tactic and target. Austin Democrat Gina Hinojosa smiled and waved the flag alongside members of the House LGBTQ Caucus as the clock hit midnight.

“Democrats had a long, aggressive floor strategy to keep a number of bills, most notably SB 29, from affecting the people of Texas,” said state Rep. Julie Johnson, D-Farmers Branch, treasurer of the caucus, told The Texas Tribune. “I’m really happy we were able to end the session by preserving the dignity and rights of the children of Texas to be free of discrimination.”

See here for the background and here for one of the celebratory photos. The tactic involved is called chubbing, and it has been used to some extent or another in most recent sessions. I’ll return to that in a minute, but first we should note that as is always the case, other bills met their demise as well on deadline day.

In the final 14 hours before the final midnight deadline for advancing Senate bills in the Texas House, Democrats pulled out all the stops Tuesday to keep the body from considering GOP-backed legislation they opposed, spelling death for some of the Senate’s priority bills.

The House had on its calendar several of the Senate’s priorities, including a bill banning social media companies from blocking users because of their viewpoint or their location within Texas, another that would ban local governments from using public funds to pay for lobbyists, and another that would force transgender student athletes to play on sports teams based on their sex assigned at birth instead of their gender identity.

Republicans control all branches of Texas government, and Democrats have been trying to fight back these bills since the beginning of the legislative session in January. The midnight deadline to pass the bills was the minority party’s last hope. And though they ended the night with hoarse voices, House Democrats landed a rare victory this session, killing all three of those bills, and only ceding one other Senate priority bill that banned cities and counties from requiring companies to pay workers more than the federal minimum wage or provide them with benefits like paid sick leave.

Dan Patrick took these defeats about as well we you might imagine.

Lt. Gov. Dan Patrick on Wednesday is asking Gov. Greg Abbott to call a special session of the Texas Legislature in June to advance three pieces of GOP-backed legislation that died in the Texas House at midnight on Tuesday.

The bills sought to ban transgender students from playing on sports teams based on their gender identity, prohibit local governments from using taxpayer funds to pay for lobbyists and punish social media companies for “censoring” Texans based on their political viewpoints.

In a statement Abbott said the call was premature and instead urged lawmakers to “work together to get important conservative legislation to my desk.”

“Some are trying to end the game before the time clock has run out,” Abbott wrote. “Members in both chambers need to be spending every minute of every day to accomplish that mission.”

In his call to bring back the Legislature, Patrick said the bills in question have widespread support.

“The TxHouse killed these conservative bills that majority of Texans in both parties support,” Patrick tweeted, without evidence. A Patrick spokesperson did not immediately respond to a question about evidence of such support.

If Dan Patrick says that everybody supports these things, who are we to argue? We know there will be a special session in the fall for redistricting and appropriating federal COVID relief funds, but that’s a lot already for thirty days. Would Greg Abbott accommodate Patrick’s request for an immediate special session for these undone bills? On the one hand, they were on the “emergency items” list, so for sure Abbott supports them. On the other hand, the fact that these bills, which had more time to get passed than any others, couldn’t make it to the floor until the very end, when they were susceptible to this well-known tactic, should tell you something. It is more than a little likely that some number of Republican legislators would have preferred to not have to vote on them. The first job of the Speaker is to protect the members, after all.

Look, Abbott’s gonna do what Abbott’s gonna do, and we should know soon enough what he intends. In the meantime, celebrate the wins that we got. Lord knows, there were plenty of losses. The Chron has more.