Senators adjourned without passing a safety net bill for the Texas Department of Transportation, a move that senior senators admit is intended to encourage the governor to call a special session.
"It's just a question of when," said Sen. Steve Ogden (R-Bryan), said of a special session following the Texas Senate adjourning sine die.
The Republican members of the Texas Senate Monday evening successfully moved to end the 81st Legislature by a vote of 17-11 along party lines. The House had adjourned earlier, but without passing a resolution to enable $2 billion in Proposition 12 transportation funding.
But the House did pass a resolution (HCR 291) to carry TxDOT (the Texas Department of Transportation) and the Texas Department of Insurance over until the next legislative session -- leaving the ball in the Senate's court to concur with the plan. Democrats opposed adjourning until taking up continuing
After several caucus meetings, Sen. Troy Fraser (R-Horseshoe Bay) moved to adjourn for the session, which met with resistance from Senate Democrats.
"If TxDOT is sunsetted, and the wind-down starts today, then what does that do to the reciept of federal stimulus dollars to Texas?" asked Sen. Eliot Shapleigh (D-El Paso).
Lt. Gov. David Dewhurst said a "wind down" procedure would put TxDOT in no immediate danger. Following adjournment, Sen. Glenn Hegar (R-Katy) said even if TxDOT is not renewed in a special session, it would still "operate with 100 percent power" until Sept. 1, 2010 -- and even then, the governor has executive powers to keep the agency solvent.
"TxDOT is in no eminent danger of being dissolved," Dewhurst said, during parliamentary debate.
Sen. Leticia Van de Putte asked Fraser if he were "aware" of the bills at risk if the Senate were to adjorn.
"Yes, I'm very aware; as happens in all legislative sessions, there are issues we feel very strongly about that do not get resolved," Fraser retorted, before blaming a "meltdown" in the House (presumably, the chubbing that was done to run the clock out on the session in an attempt to derail Voter ID) for the failure of TDI and TxDOT Sunset rescheduling. Ogden characterized the scenario in the House this session as "a circular firing squad" that killed many important pieces of legislation.
Fraser added that the Senate sent their Sunset legislation over "with sufficient time to address" reforms.
Van de Putte said Fraser's motion to adjorn was an attempt "to force the governor's hand into calling a special session."
During debate, though, Hegar said HCR 291 was perhaps not the best way to preserve TxDOT and TDI another couple of years -- with so many agencies already up in 2011 for Sunset (Texas Racing Commission, Office of Public Counsel, Texas Affordable Housing Coalition, Texas Youth Commission, Texas Juvenile Probation, etc.) a legislative logjam would be the result.
After session, Republican senators blasted the House's attempt to continue agencies using a technical correction resolution to a funds consolidation bill.
Democrats blasted the Republicans'brinksmanship "What is the responsible thing to do tonight?" Shapleigh said.
"It would be my hope that the governor calls us back into a short special session ..." on transportation and sunset scheduling, said Sen. Tommy Williams (R-The Woodlands).
Sen. Ogden said there were technical questions over HCR 291 during a press conference following sine die. "I was concerned when I found out about this legislation about its legality," he said.
Though the legality of HCR 291 didn't come up in open floor debate, Ogden said that was part of the reasoning in caucus meetings for pushing for an end to the session.
"At least from where I was sittting, there was no reason to adopt a hokey resolution on the funds consolidation ..." Ogden said. "... I argued as forcefully as I could. Let's take pride in our work. Let's get over this wink and nod legislation where we mean one thing and do something else ... I'm confident we made the right decision to go for a special session."
Sen. Juan "Chuy" Hinojosa (D-Mission) said he was amazed one of the priority issues of the 81st Legislature was not resolved.
Ogden followed with his description of the failure of a TxDOT Sunset: "a disaster."
LSR asked Legislators how much a filibuster threat by Sen. John Carona (R-Dallas) over the exclusion of his Local Option Transportation Plan from HB 300 factored in. Hegar said none.
Nor did any of the Senators have a comment on whether they hoped Voter ID would come up in a special session.
To another question from the press as to how the same set of Senators and the same set of House members would resolve TxDOT and TDI Sunset, Hegar's answer was simple:
"Dialogue," he said, hoping for a more humane, focussed debate.