Lone Star Report Recent Blog Posts

Initially, neither Texas nor Arizona were covered jurisdictions, subject to Section 5 pre-clearance under the federal Voting Rights Act. Section 5 requires a small group of states -- mostly in the South -- to obtain pre-clearance from a federal court or from the U.S. Department of Justice before implementing any change to voting practices or procedures, including a redistricting map. Texas and Arizona were declared covered by Section 5 in 1975, in response to changes in federal law designed to cover linguistic minorities, such as native Spanish-speakers, to the act.

Arizona Attorney General Tom Horne filed suit against the federal government Aug. 25, stating that Section 5 of the Voting Rights Act is unconstitutional. The facts as applied to Arizona are almost identical to the Texas situation.

The House voted to adjourn sine die around 12:30 p.m., following a vote on Rep. David Simpson's (R-Longview) anti-TSA-groping bill. As many expected, it did not clear the 4/5 hurdle necessary to suspend the Texas Constitution's three-day reading rule, and failed.

Rep. Linda Harper Brown (R-Irving) had a resolution stating opposition to the TSA's "advanced patdown" procedure, but it apparently did not receive a vote.

The bill passed to third reading 106-27, with 16 "absent," and the motion to suspend the Constitution failed 96-26.

Thanks in part to the extension of time brought by an impasse over SB 1 and the anti-TSA-groping bill, the House met this morning and passed the courts reform bill.

The House concurred with the Senate's changes to HB 79 by a vote of 94-44.

The Senate adjourned sine die yesterday (June 28). ...

As the rest of the House adjourned its next-to-last day of the special session, the House Criminal Jurisprudence Committee voted 7-1 this evening to refer SB 29 to the House floor tomorrow.

But the chances are steep that they can get the "hard 120" votes required to pass the bill.

The Senate and House approved the Texas Windstorm Insurance Association reform bill conference committee reports this afternoon, shortly before an impasse on the state budget.

TWIA reform passed in the Senate 18-11 and in the House 98-44. It now heads to the Governor's desk. Shortly after the TWIA vote, the Senate adjourned sine die. But the House still had some business to kick out, including the anti-TSA-groping bill and SB 1. However, as a surprise to many members from both parties, SB 1 failed on a 64-79 vote. ...

"This morning I am pleased to announce my candidacy for the newly-created Congressional District 33," announced former U.S. Senate candidate Roger Williams this morning.

Roger Williams, a former Texas Secretary of State, will join Railroad Commissioner Michael Williams in the race for the prospective new Congressional seat, Texas' 33rd. This is a game-changer, as Michael Williams was also a contender for the U.S. Senate seat, soon to be vacated by the retiring Kay Bailey Hutchison.

Despite coming off a week where very little progress got made, legislators still appear on-track to finish the session by Wednesday and complete all the major work on key bills. The only bills on the Governor's call in danger of failing are the anti-groping bill and a sanctuary cities ban.

To help make sense of all this, here are where the key bills of the special session are right now:

(UPDATED at 5:47 pm to include a statement from Sen. Dan Patrick.)

It flew through the House with nary a word against it in the regular session.

But today Speaker Joe Straus called the anti-TSA-groping bill "ill-advised" and a "not well-researched" publicity stunt, after quickly gaveling in and out a five-minute floor session this morning.

The possible lack of quorum may have been the official reason that bill did not get a floor debate this morning (see footnote below). But behind the scenes there was a debate over the legality of Rep. David Simpson's (R-Longview) HB 41, which criminalizes the touching of certain body parts by Transportation Safety Administration (TSA) workers. ...

Any conference committee on the TWIA reform bill can "expect one hell of a fight," Senate Business and Commerce Committee Chairman John Carona (R-Dallas) said this morning.

The committee tentatively approved a committee substitute of HB 3, the Texas Windstorm Insurance Association restructuring bill. The tally was 7-1, though the vote was left open as Sen. Mike Jackson (R-La Porte), one of three coastal area legislators on the committee, was en route. The Senate is expected to take up TWIA this afternoon.

"I'm going to do everything I can to defend this bill in the process. We're not going to be rolled over," Carona said, adding that he would not send the House bill to the Senate floor. ...

Gov. Rick Perry just added to the special session call a unique little item given today's discussion on the anti-TSA-groping bill.

In a proclamation late this afternoon, Perry added "Legislation relating to prosecution and punishment for the offense of official oppression of persons seeking access to public buildings and transportation" to the call of the 82nd Legislature's first special session.

Does this allow for HB 41, Rep. David Simpson's (R-Longview) anti-groping bill? We shall soon see. Below is the proclamation, verbatim:

While the Governor hasn't placed a bill to criminalize TSA's "advanced pat-down" procedures on the special session's agenda, much progress is being made by supporters.

On Tuesday, HB 41, authored by Rep. David Simpson (R-Longview), was passed unanimously out of the House Committee on Criminal Jurisprudence. There are at least 111 supporters in the House, and Senate sponsor Dan Patrick (R-Houston) announced this week he had enough votes to secure a victory there.

Also this week, the chairman of a major state agency condemned the TSA's groping procedure. Barry Smitherman, chair of the Public Utility Commission, told KTBC-TV, "FOX 7," that he was pulled out of the line to a standard metal detector to instead go through a full-body scanning machine.




 

The Senate Transportation and Homeland Security Committee took testimony on a resurrected anti-sanctuary cities measure today.

The new SB 9, which contains the anti-sanctuary cities provisions from the regular session's HB 12, and elements from the previous incarnation of SB 9, is authored by Sen. Tommy Williams (R-The Woodlands) and co-sponsored by 19 Senate Republicans. ... Williams said his bill is by no means an "Arizona Law."

The Texas House approved health care efficiency bill SB 7 this afternoon by a vote of 91-47.

The bill -- a consolidation of SBs 7, 8, and 23 from the regular legislative session -- was approved by the Senate Friday. Added via amendment were the following provisions:

First it was health care efficiencies and education finance.

Then a new Congressional district map. Then TWIA reform.

And now sanctuary cities and driver's license standards. Below is the text of Perry's special session call:

The Texas State Republican Executive Committee approved a resolution in its meeting Saturday supporting the anti-TSA-groping bill.

The resolution urges Republican Gov. Rick Perry to include HB 41 (the former HB 1937 by Rep. David Simpson, R-Longview) into a list of items he wants to see approved by the Texas Legislature during the special session this month. ... Below is the resolution the state GOP executives approved:

The House Select Committee on State Sovereignty voted 5-0 to approve Rep. Lois Kolkhorst's (R-Brenham) bill to enter into an interstate compact as an alternative to federal health care reform.

The bill, HB 5, would clear the way for Texas to request a compact between several states to cooperate in administering mandated health care services. But, as Rep. Dan Branch (R-Dallas) pointed out, Texas and participating states can only request the compact. It's "contingent on Congress," it was noted.

The Big Three hosted their first press conference of the special session today. ...

For Gov. Rick Perry, it was a chance to both praise the Legislature for the work that was done in the 82nd session as well as to address its shortcomings. He continued his barbs against Sen. Wendy Davis (D-Fort Worth) for filibustering a fiscal matters during the last hours of the session.
 
"The Lieutenant Governor and Speaker both said that there is not a great deal of excitement of being back here -- a lot of that work could have been finalized on Monday," he said. "Yet a member of the Senate decided they wanted to make a statement -- whatever that statement was, I disagree with it."

House Republicans gathered for a press conference just after sine die around 5:30 p.m. Speaker Joe Straus (R-San Antonio) said despite the the "hard work" done by his colleagues, "the work of this legislature is not complete."

Straus referenced the specter of a special session, which he just confirmed via a phone call before gaveling in the end of the 82nd Texas Legislative Session. Rep. Larry Taylor (R-Friendswood) said he plans to roll in to the Capitol around 10 or 11 a.m. Tuesday, though did not know when Gov. Rick Perry would order the special session to begin.

The call, Taylor said, could contain any number of issues -- most importantly, the filibustered fiscal matters bill SB 1811. Other bills on the special session call could include: the Sanctuary Cities bill (killed at the last minute in the Senate); HB 6, a public ed textbook funding bill; and SBs 8 and 23, health care system efficiency bills. [Note: See related blog post for a list of Lt. Gov. David Dewhurst's preferred special session items, including the surprise addition of HB 1937, the anti-TSA-groping bill.]

Hours before sine die, House and Senate Democrats today took a turn to weigh-in on the state budget.

"Inspiring" was Rep. Jessica Farrar's (D-Houston) commentary on a filibuster tactic used by Sen. Wendy Davis (D-Fort Worth). Late last night, Davis pushed fiscal matters bill SB 1811 past the midnight deadline to approve conference committee reports -- thus ensuring a special session.

"We've wasted thousands of hours on emergency items," Farrar said, referencing Gov. Perry's emergency items such as a Sanctuary Cities bill and Voter ID.

The House passed the Transportation Sunset Bill conference committee report 118-26 this afternoon.

Rep. Joe Pickett (D-El Paso), the 81st Session's Transportation committee chairman, voted yes to the compromise bill between the two chambers. "But," he said ...

"We've got to come up with a better solution than just borrowing money," referring to the sunset plan's continuation of the deals that allow for the construction of toll roads.

Texas Sen. Dan Patrick (R-Houston) announced his intentions to step up to the federal level on a radio show today.

Patrick, appearing on "The Laura Ingraham Show," said he would be seeking, via an exploratory committee, the soon-to-be-vacant seat held by U.S. Sen. Kay Bailey Hutchison.

"Over the next few months I will explore a run for the U.S. Senate," Patrick said.  If I decide to enter the race I will be the only candidate with a proven conservative voting record and a long history of fighting for conservative causes."

HB 1937 -- the infamous anti-TSA-groping bill -- lacked the support tonight for a Senate vote.

Sen. Dan Patrick (R-Houston), the Senate sponsor, said he was not in a position to bring up HB 1937, with just about an hour to go before the Senate's third-reading bill deadline.

The U.S. Department of Justice sent a letter to House and Texas Senate leaders Tuesday -- reportedly in person -- threatening a shut-down of airports if HB 1937 is passed.

The letter claims Rep. David Simpson's (R-Longview) anti-TSA-groping bill is against federal law and the Supremacy Clause of the U.S. Constitution. We include the text of the DOJ's letter, as well as a portion of Simpson's reply, below.

Dear Leaders,

I write with regard to HB 1937, which I understand will imminently be presented to the Texas Senate for a vote. This office, as well as the Southern, Northern, and Eastern District of Texas United States Attorneys, would like to advise you of the significant leagal and practical problems that will be created if the bill becomes law.  [...]

Correspondence from U.S. Attorney John E. Murphy warned of the potential consequences -- including the cancelation of flights to and from Texas -- if the anti-TSA-groping bill passes.

"I voted for it [HB 1937], and I know people have concerns ... but I get concerned when I see a letter from the Department of Justice" warning of the consequences, said Sen. Juan "Chuy" Hinojosa (D-McAllen) this evening as Senators debated the bill.

LSR reviewed a copy of that letter, adressed to Lt. Gov. David Dewhurst, Speaker Joe Straus, the House Clerk, and the Senate Secretary.

"If HR [sic] 1937 were enacted, the federal government would likely seek an emergency stay of the statute," the letter read, on U.S. Department of Justice, Western District of Texas, stationery. "Unless or until such a stay were granted, TSA would likely be required to cancel any flight or series of flights for which it could not ensure the safety of passengers and crew. We urge that you consider the ramifications of this bill before casting your vote." ...

The signing of the Ultrasound Bill marks a decade of progress made by the pro-life movement in Texas, state leaders said this afternoon.

Gov. Rick Perry, explaining his reason for making HB 15 an emergency item, said the bill -- which requires a woman to see and hear a sonogram of her unborn baby before seeking an abortion -- is about protecting innocent lives. [...] Bill author Sen. Dan Patrick (R-Houston) said there is a spiritual dimension to the issue.

A study released this week claims that 20 percent of faculty at University of Texas is doing the lion's share of the teaching -- and that's by no means a trend unique to UT.

The study, released by the "Center for College Affordability and Productivity," suggested placing a greater emphasis on teaching, and not so much on "publishing" and off-campus research projects, to even out the ratio in Texas public colleges and universities.

LINK: Faculty Productivity and Costs at The University of Texas at Austin (.PDF) ...

Lt. Gov. David Dewhurst and Atty. Gen. Greg Abbott fired back to the Federal Trade Commission, which last week said there are potential antitrust issues with SB 8.

SB 8 aims to foster health care cooperatives intended to reduce the increasing costs of Medicaid. The cooperatives are “unnecessary and will allow private health care collaboratives to engage in unsupervised anticompetitive conduct," according to the letter, originally obtained by Senate Health Committee Chair Jane Nelson (R-Flower Mound).

"States need more flexibility, not more government mandates," Dewhurst said in his press release. "The Obama Administration is dead-set on stopping permissive, free-market alternatives to Obamacare. Texas' innovative new health care initiatives will allow doctors and hospitals to work together -- improving medical outcomes and reducing health care costs for both patients and taxpayers."

Rep. Myra Crownover (R-Denton) attempted to place the text of her anti-smoking-in-public-places bill into SB 1811. Her amendment passed 73-66.

"If we lost 53,000 Americans [per year] to some other thing, we'd do something about it -- we'd even go to war over it," she said. "... We're just asking smokers to kindly step outside when they want a cigarette."

"I'm going to be consistent. I'm going to oppose every amendment," said House Appropriations Committee Chairman Jim Pitts (R-Waxahachie) regarding SB 1811.

So any amendments to the bill had to come with a lot of support from the House ... and (to the dismay of those weary from a week consisting of some long nights) a lot of debate.

The much-publicized anti-TSA-groping bill cleared the Texas Senate Transportation and Homeland Security Committee today.

"Members of the Senate Transportation Committee voted today to defend the constitutional rights of Texas citizens against abuses by the TSA," said Rep. David Simpson (R-Longview), the bill's author of HB 1937.

About an hour ago, SB 9 was voted out of the House Homeland Security and Public Safety committee -- possibly ending a stalemate between the House and the Senate regarding the fate of the Sancutary Cities Bill.

On Wednesday, the Senate Transportation and Homeland Security Committee swapped the wording of HB 12 for the text of SB 9, which is an omnibus Homeland Security compliance bill (see today's Feature Story for background on the stand-off).

Rep. Sid Miller (R-Stephenville), chairman of the House committee, was optimistic this morning's move will help HB 12 clear the Senate.

The Texas House last week passed a key piece of tort reform legislation, the "Loser-Pays" bill. Currently left in the Senate State Affairs Committee, HB 274 is drawing some outside attention by a national advocacy group with a rather notorious reputation.

Americans for Job Security is a business association that is often associated with Gov. Rick Perry's political consultant Dave Carney. It ran ads against Rep. Tommy Merritt (R-Longview) when he ran for the Texas Senate. But it has also attacked and targeted conservatives. The PAC targeted State Board of Education member Bob Offutt (R-San Antonio) with accusations about his policies that were -- at best -- misleading. Offutt had campaigned against Gov. George W. Bush and on behalf of Steve Forbes in New Hampshire in 2000, and the mailers were widely viewed as retalliation for Offutt's Forbes endorsement.

Now they're gunning for tort reform in Texas via radio ads.

A package of higher ed finance measures is awaiting final passage in the House, after a relatively effortless debate yesterday that resulted in further reforms.

SB 5, authored by Senate Higher Ed Committee Chair Judith Zaffirini (D-Laredo), aims to give colleges and universities greater financial flexibility in responding to budget cuts. LSR readers might remember this was the bill to which Sen. Jeff Wentworth (R-San Antonio) attached the language of his campus concealed carry legislation.  ...

The House Appropriations Committee just voted out committee substitutes to Senate fiscal matters bills -- legislation necessary to "fill the holes" left by HB/SB 1 (the primary state budget bill).

According to Curt Olson of Texas Public Policy Foundation's Texas Budget Source, the committee approved SBs 23, 73, 1579 (regarding various commissions and boards), 1581 (education), 1582 (pertaining to courts), and SB 1584 (environmental services).

LSR reported in today's subscription edition that the House postponed several of its own fiscal matters bills until the clock ran out on new, second reading bills on Thursday. Those now-deceased bills include: HB 3790, the leading bill, as well as defining bills HB 3640 (on various fines and fees), HB 3665 (on state facilities) HB 3639 (on education), HB 3648 (on criminal justice) and HB 3418 (on environmental quality).

A social issue -- not a budgetary one as many may have suspected -- became one of the more tightly contested bills on the House floor this session.

A bill which would have required parental permission for corporal punishment in certain school districts was almost evenly divided this afternoon. The final vote tally was 69-73, following a roll-call confirmation of votes (the original count was 69-70).

The bill, by Rep. Alma Allen (D-Houston), would have amended the Texas Education Code to allow a teacher in a district with a pro-corporal punishment policy to spank students -- but only with a parental permission slip, which some districts do not require. In addition, the bill would have required that a student be the same gender as the teacher for corporal punishment to be used -- also not a practice in many districts.

... A yet-to-be devised election-only ID would be allowed after the Senate approved a conference committee report on SB 14, the Voter ID Bill, with other minor changes. The conference committee report was approved by the upper chamber 19-12 (along party lines).

Senators are now debating whether to continue giving certain non-U.S. residents in-state tuition via a higher ed fiscal matters bill (SB 1581).

Speaker Joe Straus and Lt. Gov. David Dewhurst announced appointments to a new joint committee designed to review college and university policy. Below is the press release from the Speaker's office ...

AUSTIN---Today, Lt. Governor David Dewhurst and Texas House Speaker Joe Straus (San Antonio) announced appointments to the Joint Oversight Committee on Higher Education Governance, Excellence, and Transparency. [...] Speaker Straus has appointed Representative Dan Branch (Dallas) as joint chair of the committee. The committee members include Representatives Dennis Bonnen (Angleton); Joaquin Castro (San Antonio); Eric Johnson (Dallas); Lois Kolkhorst (Brenham); and Jim Pitts (Waxahachie).

With more than 50 amendments waiting in the wings and points of order on small procedural matters, it looks like a long road ahead as Legislators debate the Sanctuary Cities bill this afternoon.

HB 12, by Rep. Burt Solomons (R-Carrollton), aims to require local law enforcement officers to enforce federal immigration laws. Cities that do not require their officers to check the residency status of detainees have been referred to as "sanctuary cities." [...]

Rep. Trey Martinez Fischer (D-San Antonio) ate up about an hour by bringing up a point of order regarding missing phone numbers on a committee witness affirmation form. At the time of writing House members are still debating the relevance of the point.

Last month, Rep. David Simpson's (R-Longview) headline-making bill, HB 1937, to prohibit "body-groping" searches by airline security workers, was approved by the House Criminal Jurisprudence committee.

An accompanying bill, HB 1938, to prohibit the use of full body scanners that use backscatter X-rays to create a visual image of a person’s naked body, was voted out of the same committee this afternoon. Both bills now await placement on the House calendar -- less than a month before the Legislature is set to adjourn.

Three bills are now on their way to the Governor's desk this afternoon -- two of which were designated as emergency items by Gov. Rick Perry earlier this year.

A conference committee report for eminent domain reform (SB 18) was approved by the House by 145 votes. The House concurred on the Senate's amendments to the Sonogram Bill (HB 15). Both are emergency items ... with three weeks left to go this session. A redistricting map for the State Board of Education (HB 600) was also approved.

The House approved the Texas Railroad (er... Texas Oil and Gas?) Commission Sunset bill following a discussion that lasted about three hours this afternoon.

Of the amendments offered to SB 655, most were by House Democrats and were soundly defeated. Among them was a plan to set up three districts for the Texas Railroad Commission -- one mostly Panhandle and North Texas, another for East Texas  and the Coastal Bend, and another West Teaxas, Rio Grande Valley, South Texas. Much of Central Texas was split between the districts.

Another defeated amendment would have let cities determine where natural gas pipelines would be allowed.

A cool, overcast morning reflected a somber mood in the Texas House as representatives memorialized fallen heroes and triumphantly noted the death of who is perhaps America's greatest foe -- terrrorist organizer and 9-11 mastermind Osama bin Laden.

The Senate, by contrast, was slightly more celebratory as a 9-11 survivor shared his remarks on the news of bin Laden's death and received a standing ovation.

With today's approval in the House, both chambers have now passed TxDOT Sunset bills. HB 2675, the House version of the sunset legislation, has at least one thing in common with the Senate's -- it rejected the call to have a single transportation commissioner running the department.

However, the House bill now changes the way the five commissioners are selected. An amendment by Rep. Joe Pickett (D-El Paso) calls for the Governor to appoint four from a list of nominees put forth by the House Speaker, with a fifth appointed by the Lieutenant Governor.

The main bone of contention this afternoon was debate over continuing CDAs -- comprehensive development agreements, which are those public-private partnerships which allow for private companies to front the money for toll roads and similar projects. ...

During an otherwise speedy debate on a key higher ed administration bill, an unexpected amendment postponed it.

Sen. Jeff Wentworth (R-San Antonio) put forth "what is essentially Senate Bill 354" as an amendment -- the language of his campus concealed carry bill, the focus of some lengthy public hearings last month. ...

On the heels of an election that reacted strongly to the Obama Administration's agenda, several Texas legislators filed bills early in the session to take a bold stand for state's rights.

The bills and resolutions, most of which originated in the newly formed State Sovereignty Select Committee, attempt to wrangle control from the hands of the federal government. But with a little over a month to go before sine die, the fate of many of these bills is uncertain. We take a look at the progress of three of likely candidates for ink from the Governor's pen below.

A motion from Rep. Todd Hunter (R-Corpus Christi) pushes the big House floor redistricting debate ahead a day from what was originally suggested -- from Tuesday to Wednesday. The deadline for amendments to be filed is 5 p.m. Monday.

Rep. Harold Dutton (D-Houston) was concerned that by having some amendments filed hours prior to debate, those traveling back from Easter obligations may be at a disadvantage. "You're limiting the ability of certain members to participate," Dutton said, noting that on Monday several Christian members of the House would likely be headed back from family and religious activities in their district.

President Barack Obama, in a White House interview with Dallas' WFAA-TV, said Texas can thank federal assistance for its (relative) financial health.

In an interview with WFAA's Brad Watson (host of "Inside Texas Politics," on which LSR Editor Will Lutz regularly appears, by the way), the President answered a series of questions pertaining to the Lone Star State.

The House redistricting committee passed a new map for state House districts today. The vote was 16-5. All Democrats voted no, as did Rep. Harvey Hilderbran (R-Kerrville). (Rep. Joe Pickett, D-El Paso, was absent, which the chairman explained was due to surgery.)

Hilderbran said he voted against the map because of concerns over compactness and how the map treats West and Central Texas. He also believes it does not reflect the voting trends of the state and should be more Republican.

Flying the American flag on a flagpole. You'd think that any American (or Texan for that matter) who owns property could do that without fear of repression, right?

Apparently not, according to a bill sponsored by Rep. Dwayne Bohac (R-Houston), addressing the practice of some home owners' associations (HOAs) in regulating how the flag ought to be flown. The legislative remedy sounds simple enough, as the bill (HB 2779) passed the House Business and Industry Committee unanimously on April 4. It is eligible to be debated on the House floor as early as tomorrow.

It's not often we hear House Democrats quoting the Bible, let alone the King James Version. Especially when it's cited within the pages of legislation.

Prior to passage of HCR 18 (115-17), one of Gov. Rick Perry's emergency items which calls for a federal balanced budget, an unsuccessful amendment to HCR 18 cited an abridged verse from the Old Testament Book of Daniel (Daniel 5:26-27). In context, the amendment accuses Texas Republican leaders of not having their own statewide house in order before asking the federal government to balance its budget.

The House is taking a lunch break following a morning of debate over SB 18 -- the long-awaited eminent domain reform bill.

So far it's been mostly discussion on easement rights and how to avoid potential legal trapdoors. But one amendment by Rep. Lois Kolkhorst (R-Brenham) has property rights advocates and many House conservatives cheering.

With the federal budget nearing completion a major stickling point between state leaders and a Democratic Congressman from Austin is on the way toward being settled.

The federal budget no longer contains language holding back $830 million in education stimulus from the state of Texas.

U.S. Rep. Lloyd Doggett's amendment would have withheld that $830 sum million unless Texas agrees to maintain current levels of education funding through the next biennium. The problem, Republicans immediately said, is that one Legislature cannot bind the next Legislature (or the will of the voters, for that matter), and such a promise cannot constitutionally be made. Doggett countered that the Legislature made such promises to secure 2009 stimulus funds. ...

Texas Democratic Party Chairman Boyd Richie announced over the weekend he does not wish to seek another term.

The next Texas Democratic Party convention isn't for nearly a year-and-a-half, so Richie will have plenty of time left at the helm of the party. But until then we can expect plenty of speculation over who will take his place and why he is not seeking a fourth term.

During June's TDP Convention, Richie was opposed by Michael Barnes, a South Texas educator. Barnes blamed Richie for the loss of the 2006 statewide ticket. He said Richie allowed Comptroller Susan Combs -- a member of the five-member Legislative Redistricting Board, by the way -- to run unopposed by Democrats. ...

Two bills on the calendar for today and Monday have caught the attention of property rights advocates.

An e-mail letter from Bill Peacock of the Texas Public Policy Foundation advised that HB 364 (on the Calendar for today) aims to exempt Houston from property rights reform laws so cities can more easily condemn and then demolish an unfinished, abandoned condo project. HB 365 (on the Calendar for Monday) grants another exemption to Houston for apartments and other multi-family dwellings. We reprint his letter below, verbatim:

Texas Agriculture Commissioner Todd Staples formed an exploratory committee yesterday for a possible run for Lieutenant Governor. He began his campaign with record-setting pitcher and Texas Rangers co-owner Nolan Ryan at an event on Thursday.

Staples could face Comptroller Susan Combs and Land Commissioner Jerry Patterson in the GOP primary -- oh, and maybe Lt. Gov. David Dewhurst as the incumbent if his interest in the U.S. Senate changes between now and 2012.

HCR 80, an anti-body scanning resolution authored by Rep. David Simpson, was left pending in committee Wednesday.

Simpson, author of anti-body scanner bill HB 1938, said his legislation attempts to "draw a line regarding what is excess" and what is simple airport security.

HB 1201 – Rep. Lois Kolkhort's (R-Benham) bill to strip the statutory language providing for the Trans-Texas Corridor toll road network -- passed the House today on third reading without any opposition.

And on Tuesday, a similar bill, SB 565 by Sens. Kirk Watson (D-Austin) and Glenn Hegar (R-Katy), made it out of the Senate Transportation Committee. The bills strike every reference to "the Trans-Texas Corridor" in the state Tax Code and the Transportation Code.

During the middle of a balmy Sunday afternoon in Austin, the Texas House returned for another round of budget amendments.

Rep. Trey Martinez Fischer (D-San Antonio) proposed an amemdment that raised a few eyebrows during the otherwise lazy day: To create an 18-month appropriation cycle (as opposed to the Texas Constitution's method of a two-year budget).

Around 6 p.m. the Texas House began debate on a slew of education-related budget amendments.

Among the firsties was Rep. Dennis Bonnen's (R-Angleton) amendment responding to Gov. Rick Perry's call for a $10,000 four-year degree.

After about 11 hours of amendments and parliamentary stalling tactics, the Texas House approved the Voter ID bill along party lines.

The vote, which came shortly after 11 p.m. Wednesday, was 101-48. SB 14 hit the floor on Monday, before Rep. Mando Martinez (D-Weslaco) raised a point of order kicking the bill back to committee.

We'll have more on this development -- and what it may mean for future legislation -- in our subscription edition on Friday. 

Like a certain episode of "Tom and Jerry" in which the famed cat and mouse duo teamed up to fight a bulldog, two unlikely allies are defending a House bill in committee today.

Reps. Leo Berman (R-Tyler) and Lon Burnam (D-Fort Worth) have sponsored a bill to repeal the Driver Responsibility Program (DRP), which charges dangerous drivers additional fees for certain convictions based on a "points system."

SB 18, the Legislature's flagship eminent domain reform bill, passed the House Committee on Land and Resource Management unanimously this afternoon. This comes two weeks after a long day of testimony and a warm reception by House committee members, and a month folllowing unanimous passage by the Senate. Now it heads to House Calendars.

But despite the smooth sailing so far, becoming law isn't a guarantee. The following appeared in our subscription edition (LSR, 3/11/11):

A point of order raised by Democrats postponed what was expected to be a long day of debate over the Voter ID bill.

Rep. Patricia Harless (R-Spring) said Wednesday is the likely day for continuing debate on SB 14. [...]

Republican Dan Neil dropped his election contest against Rep. Donna Howard (D-Austin) today. This comes after the House special election contest committee upheld Master of Discovery Rep. Will Hartnett's (R-Dallas) prior findings that Howard was ahead by four votes. Below is Neil's statement:

It wouldn't be a tight budget cycle without Lt. Gov. David Dewhurst talking about using "non-tax revenue." Dewhurst is still quite quiet about the Rainy Day Fund deal between the House leadership and Gov. Rick Perry. He's hoping creation of a new finance subcommittee chaired by Sen. Robert Duncan (R-Lubbock) will serve as his response.

The House Election Contest special committee voted unanimously Tuesday to keep a colleague seated.

The nine-member committee let stand Rep. Will Hartnett's (R-Dallas) prior findings that Rep. Donna Howard (D-Austin) is the rightful holder of the HD 48 seat. "The contestant has failed to establish by clear and convincing evidence that the election's outcome was not the true outcome," the motion stated. 

Contestant Dan Neil, a Republican, could still take the matter to the House floor, which has the power to call a new election.

The House Select Committee Voter Identification and Voter Fraud approved SB 14 without the extended debate we saw on March 1 when testimony took the better part of the day.

According to committee staff, the vote was 5-2.

Voter ID was deemed an emergency item by Gov. Rick Perry, and may be placed on the House calendar soon. The Senate approved SB 14 19-11 on Jan. 26.

A freshman Representative filed a bill to penalize airport body scanner operators: Including TSA agents.

Can they do that to a federal agent? Bill author Rep. David Simpson (R-Longview) thinks so. And he's not alone, with 18 co-sponsors from both parties (see list below) and a few organizations.

The bill, HB 1938, makes it a civil penalty for anyone working in a locally owned airport to install or operate whole-body imaging equipment -- "including a device that uses backscatter x-rays or millimeter waves, that creates a visual image of a person's unclothed body and is intended to detect concealed objects," the bill read.

The Senate approved SJR 1 today, by a 24-7 vote, which calls for a balanced federal budget amendment to the U.S. Constitution.

If the U.S. Congress does not act to amend the Constitution within a year, the resolution says, it calls for Texas to join states in calling for a Constitutional Convention. Two-thirds of the states would have to make such a call, according to the U.S. Constitution. ... But for the most part, the "con-con" language is intended as a threat, Lt. Gov. David Dewhurst said.

After four hours of public testimony and debate, the House State Affairs committee sent an ultrasound bill to the floor, 9-3.

Of the two bills heard in committee today, HB 15 by Rep. Sid Miller (R-New Braunfels) was selected, with some modifications inlcuding removing penalties for abortion providers who do not comply.

Rep. Geanie Morrison's (R-Victoria) HB 201 was discussed but not sent to the floor. ... The committee substitute, according to Miller, makes an exception for medical emergencies.

Lt. Gov. David Dewhurst announced today the formation of the Senate Select Committee on Open Government, charged with reviewing issues regarding transparency, public information and open records. [...]

The members include: Sens. Jeff Wentworth (R-San Antonio, chair), Wendy Davis (D-Fort Worth, vice chair) Rodney Ellis (D-Houston), Kevin Eltife (R-Tyler) and Florence Shapiro (R-Plano).

The Texas Public Policy Foundation, backed up by Lt. Gov. David Dewhurst and Rep. Lois Kolkhorst (R-Brenham), rolled out a plan in a press conference this morning to use the free market to counteract the rising cost of Medicaid.

TPPF’s proposed "TexHealth" plan aims to "reform Medicaid along free market principles, converting the program in Texas from a defined benefit to a defined contribution for the purchase of health insurance," a press release said.

Two bills proposed by Senate leaders this week aim to distinguish preventation-based health care from the current state of "sick care."
 
Years in the making -- but now expedited due to federal health care reform -- are two bills, SB 7 and 8. Two similar bills were proposed in the 81st session. The goal is "to cut waste, fraud, and abuse" and "reward providers who are efficient and who are achieving healthy outcomes for their patients," said Sen. Jane Nelson (R-Flower Mound) in a press conference Feb. 16.

We look at what the bills set out to do below. ...

Crusading against animal cruelty -- particularly cockfighting -- is not solely the domain of left-oriented activists, a conservative House leader said today.

The Humane Society of the United States hosted a press conference today in support of HB 1043, sponsored by Rep. Wayne Christian (R-The Center). The bill, which hopes to put the clincher on those who fight roosters and other fowl in secluded arenas for gambling and sporting purposes, would align the state's anti-cockfighting laws with existing anti-dogfighting laws.

A periodic report titled "Texas On the Brink" stands against much of the optimistic view put out by conservatives of the Lone Star State.

The liberal-leaning report compiles several rankings which place Texas down at the bottom regarding several issues. ...

Gov. Rick Perry is at the lectern at the 2011 Conservative Political Action Conference (CPAC), lambasting record-level federal spending and advocating state-level budget-cutting. And that's consistent with his State of the State Address Feb. 8.

During the State of the State, Perry identified several possible avenues by which the state of Texas can save money -- an estimated $65 million in savings by consolidating and suspending several departments. We list them below:
 

House Speaker Joe Straus released his list of committee assignments for the 82nd Legislature a few minutes ago. Straus said he took into consideration seniority, geography and demographic diversity.

"As you know this process is not an exact science," Straus said, before having the House clerk read the list. "... Like you, I am eager for committees to begin work ..."

Staus also created the Select Committee on Voter Identification and Voter Fraud, the Joint Committee on Oversight and HHS Eligibility, and Select Committee on State Sovereignty, as well as continuing the Election Contest Committee. Below is a list of the committee chairmen, followed by a link to a full list of committee members.

The budget shortfall is far from the apocalyptic scene the mainstream press has made it out to be, Gov. Rick Perry said today during his State of the State address.

But to stave off "a budget Armageddon," Texas will have to streamline services and have long, sincere discussion on the role of state government. It would also have to suspend four state agencies and consolidate others.

"The mainstream media and big government interest groups are doing their best to convince us that we’re facing a budget Armageddon," Perry said, during a joint session of the House and Senate. "But Texans don’t believe it and they shouldn’t because it’s not true ... If ever there was a time to truly reform our approach to governance and streamline our organization, it is now. Frank discussions about the true purpose of state government, must be followed by a willingness to act on our convictions."

Closing arguments wrapped up in the HD 48 election contest hearing.

Master of Discovery Will Hartnett (R-Dallas) is expected to within the next few days give a report to the full House of Representatives regarding his findings. The matter now goes to a special committee for another hearing and a review of Hartnett's rulings.

Over the week, all but two of 34 contested voters in the HD 48 contest gave their testimony. With today's hearing now wrapped up, legal counsel for Rep. Donna Howard (D-Austin) and her Republican opponent Dan Neil said they hope to bring in the remaining two witnesses on Monday and then begin closing arguments.

The last day of the sporadic hearing will begin 1:30 p.m. Monday, according to Master of Discovery Rep. Will Hartnett (R-Dallas).

The Senate Committee of the Whole is underway early this morning, as Senators are debating the cost of SB 14, this session's Voter ID bill. As expected, it's Democrats versus Republicans on this bill.

Sen. Kirk Watson (D-Austin) said a cost analyis of HB 218 revealed that it would cost around $1 to 3 million to cover the cost of providing state identification cards to non-drivers. "Per biennium, out of the highway fund ..." he added.

Sen. Tommy Williams said he was of the impression it would cost $1.67 per ID card applicant based on prior cost analyses. "So $1.3 million -- that's a lot of IDs at a buck sixty a piece," Williams said.

Lt. Gov. David Dewhurst re-appointed its longtime Senate Finance Committee this afternoon.

Dewhurst again named its veteran leader Sen. Steve Ogden (R-Bryan) without naming any other chairmanships. The vice-chairman is again Sen. Chuy Hinojosa (D-McAllen). The members remain the same as last session.

Though Senators were poised to take up the Voter ID bill this afternoon, they're now saying that tomorrow morning is a more likely time. However, Senate Democrats are hoping to stall, claiming this session's bill differs from the previous version.

Gov. Rick Perry designated a Voter ID bill as an emergency item last week, giving the Senate a month to take it up. In the 81st session, Sen. Troy Fraser (R-Horseshoe Bend) authored SB 362, the previous session's Voter ID bill which passed the Senate 19-12. The measure stalled in the House via a "chub-a-thon" (effectively, a filibuster) by House Democrats to keep it from entering the House floor from the Calendars committee. Since then, many Republicans in re-election mode have vowed to make the bill a priority.

A bill of great importance has a motion and a second on the floor of the Texas House of Representatives. The chair now recognizes ... you?

While the general public is not typically allowed to address the House floor from the hallowed back microphone of the chamber, a new effort by political consultant Ted Delisi hopes to give observers of Texas politics (the non-elected variety, at least) a means to debate bills before the Legislature.

The non-partisan BackMic.com gives users the option of giving a thumbs up or a thumbs down to major bills before the Texas Legislature, as well as a forum by which to make comments public.

Six days before the start of 82nd Legislative Session, the Texas Transportation Commission received the final report of a committee designed to suggest reforms to the state's transportation agency.

At a special, half-hour commission meeting on Jan. 6, the chairman of the TxDOT Restructuring Council, Howard Wolf, gave a quick overview of suggested reforms -- the most significant of which is the addition of two new executive positions. Many of the suggestions reflected changes already put forth by the firm Grant Thornton in its audit of TxDOT.

Rep. Beverly Woolley (R-Houston) announced her support for Speaker Joe Straus (R-San Antonio) today, bringing Straus' level of support up to 121 House members by LSR's count.

In the three-way race for Speaker Rep. Ken Paxton (R-McKinney) maintains 17 public supporters, and Rep. Warren Chisum (R-Pampa) is opposing the use of pledge cards in the Speaker's race, calling instead for a GOP caucus to select the next leader of the House.

With the canvass of the general election signed by Gov. Rick Perry this week, election recounts may now be requested. And with 15 votes separating the incumbent from the challenger in HD 48, observers have speculated that this race might be ripe for a recount.

Travis County GOP chair Rosemary Edwards said while Republican Dan Neil has not yet conceded his race against incumbent Rep. Donna Howard (D-Austin), and a recount has not been officially called, the groundwork for a recount is being laid. "Officially, we're not in the recount yet," she told LSR. "We're still in the process of gathering evidence."

UPDATE (6 p.m.): The Austin American-Statesman is reporting Neil has filed the paperwork for a recount.

Rep. Ken Paxton (R-McKinney) confirmed he will run for Speaker of the House, a post currently held by Joe Straus who is seeking re-election. The seat is also being sough by Rep. Warren Chisum (R-Pampa). We post Paxton's entire statement below:

"... On Election Day, we witnessed a monumental shift in the political climate, and I believe that historic opportunities demand bold action in defense of our conservative values. Voters across Texas sent a clear message that they favor leadership dedicated to protecting our freedoms and fighting government growth. Texans have provided us with an historic mandate, and they expect us to use this mandate to honestly advance conservative principles and not simply protect the status quo. These goals can only be accomplished with a conservative Speaker." [...]

We received the following statement and list of pledges from the Joe Straus campaign. We print in full below. (On the list of pledges, we offer no warranty, we are simply cutting and pasting what we have received from the Straus campaign in regard to his run for House Speaker):

"... As Speaker, I congratulate every House candidate elected tonight, and I look forward to working with each member for the good of our state.  I will continue to lead the Texas House in a fair and respectful way as Speaker, and at this early hour, I'm grateful to have 122 colleagues support me for Speaker, including 76 Republicans and 46 Democrats, and I look forward to visiting with more members in the coming days."

Confirmed List of Pledges for Republican Texas House Speaker Joe Straus
UPDATED:  November 3, 2010 12:00 a.m. [...]

LSR's final count of the night shows that -- come January -- Republicans will control at least 95 seats in the Texas House of Representatives, and possibly as many as 100 or 101. Posted below is our list of the new Republican House members along with the incumbent Democrat they defeated: