In Session's Final Days, the Human Element Emerges

State Rep. Ruth Jones McClendon, D-San Antonio, waits to lay out House Bill 48 on May 28, 2015.  The bill, which passed and became law, created an exoneration commission to review possible wrongdoing in felony convictions.
State Rep. Ruth Jones McClendon, D-San Antonio, waits to lay out House Bill 48 on May 28, 2015. The bill, which passed and became law, created an exoneration commission to review possible wrongdoing in felony convictions.

It was an emotional scene in the House on Thursday as members concurred with Senate amendments on HB 48, setting up the Timothy Cole Exoneration Review Commission.

The board will review all cases in which an innocent person was convicted and later exonerated. The commission is named for Tim Cole, who died in prison in 1999 while serving time on a rape conviction.

He was later determined to be wrongfully convicted.

Creation of an innocence commission has been the longtime goal of San Antonio Democrat Ruth Jones McClendon, who has pursued legislation this session despite being significantly slowed by illness.

Before the House passed HB 48 today, McClendon’s colleagues surrounded her at the front mic in support. Senate sponsor Rodney Ellis, D-Houston, described on Twitter “a wonderful scene” as the legislation received final approval.

The bill now goes to the governor’s desk for his signature.

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This was just one example of the human element at work in the final days of session. Last Friday, San Antonio Democrat Joe Farias used a personal privilege speech to launch an impassioned plea for his colleagues not to make changes to the Hazlewood program.

The program, which covers college tuition for veterans and their dependents, has been in the spotlight all session because of rising costs that are putting a significant burden on the state’s institutes of higher education.

That led to SB 1735, which would restrict program eligibility requirements for veterans’ dependents in an attempt to rein in costs.

But backers of the program have argued against any cutbacks.

In his speech, Farias summed up the argument when he said, “Why hurt the families we hold so dear? Why take from them when they have given so much?"

Two days later — on the day before Memorial Day — the House relented, significantly blunting the effect of the legislation.

SB 1735 is currently in conference committee.

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And in what is surely one of the most unexpected turn of events to occur this session, the House parliamentarian reversed course late on Thursday on a point of order ruling from the day before.

The reversal revived the hopes of a groundwater bill by state Rep. Jason Isaac, R-Dripping Springs, designed to provide protection to water well owners in western Hays County.

The area bore the brunt of the flooding from the Memorial Day weekend, lending urgency to Isaac’s efforts.

After the new ruling overturning the points of order laid on his bill was announced close to adjournment on Thursday, the emotion was too much for Isaac. He started crying at his desk.

He told the Tribune’s Matthew Watkins: "It has just been a really rough day because of what happened yesterday. I have been in a bad mood all day thinking that the one issue that people sent me here to do for them, I couldn't get done."

He added: "I'm going to go visit with the speaker's team and the parliamentarian, but I'm probably not going to ask why. I'm just going to say thanks."

Revisiting the Wednesday Local and Consent Bill Massacre

House Speaker Joe Straus, R-San Antonio, takes a break from the chair to speak with members during floor debate on May 27, 2015.
House Speaker Joe Straus, R-San Antonio, takes a break from the chair to speak with members during floor debate on May 27, 2015.

There was a slaughter of local bills on Wednesday as the House considered its final local and consent calendar of the year.

A dozen bills in all were knocked off of what is usually a non-controversial item of House business. It all happened just hours after a Senate bill deadline struck, killing an abortion bill sought by the conservative wing of the House GOP caucus.

Some of the bills that died Wednesday were knocked off by a group of House conservatives, leading some to view the action as purely partisan payback.

Deciphering partisan intent after the fact can be challenging, though. Some bills on Local and Consent were definitively killed. Others were just threatened with death. Some were caught in the waves of reprisals that followed an initial killing.

One thing is for sure: The above list of the dead is a bipartisan one and would seem to demonstrate as well that partisan animosity could have been just one of the reasons for the death of some of these bills.

It bears repeating that the local and consent process is designed to ensure that only non-controversial bills or bills with just a local impact make that particular calendar.

And while bills have been popped before this session, it’s always interesting to see that the massacres routinely happen late in session. There’s no time like a final calendar of a session to execute revenge for a past or a not-so-past slight.

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State Rep. Tom Craddick is waving the white flag on getting a statewide texting while driving ban passed this session. "I am sad to report that the third time was not a charm [for House Bill 80]," the Midland Republican said in a statement Thursday.

This is the third session Craddick has filed the legislation. The bill passed the House easily but lacked the votes needed to bring it to the Senate floor for consideration, despite bipartisan support.

"It is always disappointing when good legislation does not get enacted, but it is especially tough to tell the families that have lost loved ones because of a texting while driving crash," Craddick said, "or to look in the eye of a victim who is permanently confined to a wheelchair because of a distracted driving crash that the statewide ban on texting while driving will not become law."

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Republican political consultant Matt Mackowiak said on Twitter this week that former Vice President Dick Cheney will appear at a June 3 fundraiser for U.S. Rep. Will Hurd, R-San Antonio.

Hurd won the CD-23 seat from Alpine Democrat Pete Gallego last year. In what is sure to be an expensive race, Gallego has announced that he is seeking a rematch next year.

The Gallego campaign was quick to criticize the Cheney invite.

Gallego campaign spokesman Anthony Gutierrez said in a statement, "Dick Cheney — known for being both the driving force behind pushing America into the Iraq War as well as the most unpopular Vice President in modern history — is apparently Congressman Will Hurd's idea of a great party host.”

And in another CD-23 development, the House Democratic political arm is launching a round of Spanish-language robocalls in the district, urging respondents to call the freshman Republican's Del Rio office to complain about a recent vote he cast blocking "Dreamers," immigrants brought to the United States illegally at a young age, from serving in the military.

Inside Intelligence: About that Job Rating...

For this week’s nonscientific survey of insiders in government and politics, we asked for a job evaluation for the Legislature.

What we found was a more or less positive assessment of what lawmakers have done this year. Close to half the insiders approved, but among that group, most withheld a hearty endorsement. The "somewhat approve" option was chosen by 39 percent while the "strongly approve" option was chosen by just 9 percent.

Meanwhile, those disapproving of the Legislature's work were evenly divided between "somewhat disapprove" — 17 percent — and "strongly disapprove" — 18 percent.

A bit more than half the insiders thought the Legislature had achieved a signature accomplishment with about two in five saying the session lacked a defining accomplishment.

We followed up by asking the insiders to name that accomplishment. Many offered up tax cuts and a few offered up votes for the budget and gun rights. We then asked what issue should have been addressed and wasn't. School funding was the runaway winner there.

We closed by asking when lawmakers might return to Austin. Nearly half said lawmakers would get a full interim and not return until January 2017. Another 36 percent thought lawmakers would have to come back for a special session sometime in 2016. Just 10 percent thought the governor would bring them back later this year.

We collected comments along the way, and a full set of those is attached. Here’s a sampling:

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Do you approve of the Legislature’s job this session?

• "All due credit to the Lege, with two new statewide elected officials, elimination of the 2/3rds rule, the nuisance factor in the House and covert surveillance, big stuff was accomplished, transportation funding, tax cuts, state budget, state and local government spending caps, open carry/campus carry, unreasonable local control thwarted (fracking issue), state contract/procurement reform ... am I leaving anything out?"

• "Got most of what needed to be done, done, without spending too much time and energy on things that won't go anywhere. Still too much focus on social issues for my taste, though."

• "The focus on tax cuts from the start ruled out doing anything meaningful on school finance. Or highways, higher ed, etc. So it was essentially doomed from the start."

• "Erosion of local control will be the hallmark. Could have done so much to strengthen the state's infrastructure, state facilities, parks, schools and the ERS system. Gave partial fixes, lowered taxes and declared victory."

• "Some positive accomplishments, but too much hypocrisy — they continue to yell about local debt but have no problem approving $3 billion in bonds for universities; everyone is for budget transparency, but Chair Nelson refuses to move the bill that would end the diversion of dedicated funds that will continue to inflate the revenue estimate and sit on taxpayer money."

• "The Legislature will leave town having passed the worse (by far) of competing tax plans, the minimum amount for schools, open carry, and maybe deregulation of people who want to remove excess eyebrow hair. Were I a member, I wouldn't brag on these things."

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Did the Legislature have a signature accomplishment this year?

• "Or lack thereof, media types (long form print) will play up open carry/campus carry and no real movement on public school finance."

• "It's hard to put pre-K funding or open carry or something else on par with deregulating the electricity market or massive tort reform."

• "Someone is bound to crow about pre-K, but it restores only two-thirds of the money cut in 2011. An accomplishment only compared to doing nothing at all."

• "They had the money to address the many areas of deferred maintenance and growing need in our fast growing state and made some important steps in the budget but squandered opportunities by passing an unneeded tax cut package. The Eltife critique is on target."

• "Their signature accomplishment is Open Carry. I didn't say it was a good signature."

• "The jury is still out on this one. ... We won't know until June 1, 2015."

If so, what was it?

• "Tax cuts and a timely budget"

• "Beginning to clean up years of malfeasance in the state budget by beginning to end diversions of dedicated funds, addressing transportation, parks, state buildings, pension funding and burgeoning state debt."

• "25% business tax cut. 2/3rds majority requirement for raising property tax rates above effective rate."

• "Environmental permit reform, drawing a needed line between state and local authority, beginning the needed changes to water resource management statutes to reflect new technologies."

• "Taking us back to the 1880s in gun laws."

What’s the biggest issue this Legislature should have addressed and didn’t?

• "I am obliged to respond: public school finance, public school finance, public school finance, public school finance, etc., etc."

• "A real ethics bill that squarely addresses the many conflicts of interest that plague the Legislature."

• "Protecting the property rights of landowners"

• "Transportation funding remains woefully inadequate for a growing state that has failing bridges, extensive wear and tear from population growth and substantial oil and gas related and manufactured goods production."

• "Paying down bond debt instead of miniscule tax relief."

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When do lawmakers return to Austin?

• "Could come back early, as a result of court ruling on EPA regulations."

• "What happens if/when the U.S. Supreme Court mandates homosexual 'marriage?' Texas could have prepared, but it wasn't a priority for the Governor, Lt. Governor or Speaker."

• "Merry Christmas to the new chair of House Education."

• "I'm guessing the Supremes will either rule for the state in school finance, or at least will give the Lege time to address it in regular session."

• "More than likely ... in the Spring/Summer of 2016. But I could see the TxSC give the #Txlege until June 30, 2017 to fix school finance."

Our thanks to this week's participants: Gene Acuna, Cathie Adams, Brandon Aghamalian, Jennifer Ahrens, Clyde Alexander, Jay Arnold, Charles Bailey, Andrew Biar, Allen Blakemore, Tom Blanton, Chris Britton, Kerry Cammack, Snapper Carr, Corbin Casteel, Elna Christopher, Harold Cook, Randy Cubriel, Beth Cubriel, Denise Davis, June Deadrick, Holly DeShields, Tom Duffy, David Dunn, Richard Dyer, John Esparza, Jon Fisher, Dominic Giarratani, Bruce Gibson, Scott Gilmore, Eric Glenn, Kinnan Golemon, Daniel Gonzalez, Jim Grace, John Greytok, Wayne Hamilton, Bill Hammond, Ken Hodges, Steve Holzheauser, Deborah Ingersoll, Mark Jones, Walt Jordan, Lisa Kaufman, Robert Kepple, Richard Khouri, Tom Kleinworth, Sandy Kress, Dale Laine, Nick Lampson, Pete Laney, Dick Lavine, James LeBas, Luke Legate, Ruben Longoria, Homero Lucero, Matt Mackowiak, Jason McElvaney, Steve Minick, Mike Moses, Keats Norfleet, Todd Olsen, Gardner Pate, Jerod Patterson, Robert Peeler, Tom Phillips, Wayne Pierce, Allen Place, Gary Polland, Jay Pritchard, Ted Melina Raab, Patrick Reinhart, David Reynolds, Carl Richie, Grant Ruckel, Tyler Ruud, Andy Sansom, Jim Sartwelle, Barbara Schlief, Stan Schlueter, Bruce Scott, Robert Scott, Steve Scurlock, Ben Sebree, Jason Skaggs, Ed Small, Martha Smiley, Mark Smith, Larry Soward, Dennis Speight, Bryan Sperry, Colin Strother, Tom Suehs, Sherry Sylvester, Sara Tays, Trey Trainor, Vicki Truitt, Corbin Van Arsdale, David White, Darren Whitehurst, Woody Widrow, Seth Winick, Peck Young, Angelo Zottarelli.

The Calendar

Friday, May 29

  • Last day for House to act on Senate amendments
  • Last day for printing and distribution of Senate copies of conference committee reports on tax and general appropriations bills

Saturday, May 30

  • Last day for printing and distribution of House copies of all conference committee reports
  • Last day for printing and distribution of Senate copies of conference committee reports on all bills other than tax and general appropriations

Sunday, May 31

  • Last day for House to adopt conference committee reports or concur in Senate Amendments
  • Last day for Senate to concur in House Amendments or adopt conference committee reports

Monday, June 1

  • Last day of 84th legislative session

Thursday, June 4

  • Rick Perry presidential announcement; 16051 Addison Rd., #220, Addison (11:30 a.m.)
  • Employer Health Conference 2015; 3925 W. Braker Lane, Austin (8:30 a.m.-4 p.m.)
 

The Week in the Rearview Mirror

House and Senate budget negotiators have filed their conference report, clearing the way for final adoption of the budget for the 2016-17 budget cycle. At $209.4 billion, the Texas state budget is $9 billion higher than the one passed in 2013. The general revenue portion of the budget is $106.6 billion, or $11.6 billion above 2013.

Deadly floods across Texas this past week have spurred state leaders to action, several of whom visited the Wimberley area where some of the worst damage was recorded. The Texas Senate revived a measure that would make it easier for local officials to plan ahead for rebuilding and federal authorities have extended deadlines to assess the damage for filing insurance claims.

In the latest development in legislation that would allow open carry of handguns in Texas, House and Senate negotiators have removed language that would prevent police from stopping someone carrying a gun solely to find out if he or she has the proper permit. The provision had been pushed by a coalition of Democrats and Republicans but was strongly opposed by law enforcement. The legislation is expected to pass with this change.

Legislation that would allow concealed handguns on college and university campuses survived a Tuesday deadline to pass Senate bills in the House. A preliminary vote on SB 11 was taken just 30 minutes before the midnight deadline. Killed by the deadline was another Senate bill that would prevent health plans sold on the federal health exchange from offering abortion services.

The session's border security bill is on its way to the governor's desk after the House voted Thursday to accept changes made by the Senate. HB 11 would beef up staffing for the Texas Department of Public Safety, keep the Texas National Guard on the border and establish a transnational intelligence center on the border to analyze crime data, among other things.

The House and Senate have passed radically different versions of ethics reform legislation with the differences left for a conference committee to hash out. The negotiations will focus on what to do with a House-inserted measure requiring political nonprofits to disclose their donors who are the source now of anonymous cash commonly referred to as "dark money."

Political People and their Moves

Former Bexar County Commissioner Tommy Adkisson on Friday endorsed San Antonio Mayor Ivy Taylor in the runoff for the city's top job. Adkisson came in fourth in the first round of the election earlier this month. The top two finishers — former state Sen. Leticia Van de Putte and Taylor — are competing in the June 13 runoff election.

Thomas McNutt, whose family runs the iconic Collin Street Bakery, announced Tuesday he is launching a campaign for the seat currently held by House State Affairs Chairman Byron Cook, R-Corsicana. On Twitter and his website, McNutt said he is running because he believes the House District 8 representative should stand for conservative values "instead of standing in their way."

U.S. Sen. Ted Cruz, R-Texas, has added Wendy Day as his Michigan state director for his 2016 presidential campaign. She is a vice chair of the state GOP and a prominent tea party activist in the stateCruz also named Robert Uithoven as his campaign's Nevada state directorUithoven has more than two decades of experience in Republican politics and most recently helped elect Nevada Attorney General Adam Laxalt in an upset victory.

Two GOP presidential candidates — retired neurosurgeon Ben Carson and former Pennsylvania Sen. Rick Santorum — are making visits to Texas. Carson tours the Carrick Brain Centers in Irving today and will have lunch in Dallas on Saturday with supporters selected through a contest. Santorum will hold fundraisers and public events June 5-6 in the Dallas-Fort Worth area.

Deaths: Leo Berman, 79, the Tyler Republican who served seven terms as the representative for House District 6 from 1999-2013. Prior to that, he served on the Arlington City Council from 1979-85.

Gordon "Doc" Arnold, 65, who represented Kaufman and Ellis counties in House District 4 for two terms from 1983-85. He resigned his seat to become executive assistant to House Speaker Gib Lewis.

Robert Wayne "Bob" Strauser, 71, who founded the business advocacy group Texas Association of Taxpayers in 1974. He left in 1984 to work for the Baker & Botts law firm, retiring in 2008 but continuing to represent some clients until a week before his death.

Nell Barton, 90, the mother of U.S. Rep. Joe Barton, R-Ennis.

Quotes of the Week

I don’t care about the wrong side of history. I want to be on the right side of my beliefs and my faith and my values.

Lt. Gov. Dan Patrick to reporters this week on his stance that states have the right to keep marriage between one man and one woman

I used a belt and suspenders and still the pants are down around the knees. We’re not completely naked yet.

State Sen. Kirk Watson, D-Austin, on his multiple efforts to get wining and dining disclosure language through the Legislature this year

What comes home in the conservative consciousness is: The government is hostile to me. And if he’s already unleashed the IRS on us, is it a big leap to think he’d unleash the military?

Albert Ellison, the chairman of the Bastrop County Republican Party, on how distrust of the Obama administration fed the reaction to the Jade Helm 15 military exercise

This was like serving a BLT sandwich as the special of the day at a kosher restaurant and being surprised when customers walk out.

Hal Rubenstein to The New York Times on the reaction by gay activists to a dinner for Ted Cruz hosted by gay businessmen Ian Reisner and Mati Weiderpass