Legislative Update: Senate and House Battle over Key Legislation

With only five weeks left in the 84^th Regular Legislative Session, we heard the first series of cannon fodder between the two chambers of what had been a relatively harmonious session – both bodies pointing fingers and lobbing accusations across the rotunda that the other is slow-playing passage of their respective legislation. Yes, the House and Senate have begun their bi-annual argument and the proverbial gloves are coming off as the last day of session looms on the horizon.

This week both chambers appointed their respective Finance and Appropriations budget conferees. On the House side, Speaker Straus named Chair John Otto, Vice-Chair Sylvester Turner, Rep. Sarah Davis, Rep. Larry Gonzales, and Rep. Trent Ashby to lead their budget negotiations. And in the Senate, Lt. Governor Dan Patrick named Chair- Jane Nelson, Vice-Chair Juan Hinojosa, Sen. Joan Huffman, Sen. Charles Schwertner, and Sen. Lois Kolkhorst.

KEY TAKEAWAYS

Senate and House Battle over Key Legislation

Tensions between the Texas House and Senate came to a head this week. Lt. Governor Patrick and the Senate are complaining the House is sitting on Senate bills — receiving them without sending them to committees for hearings or to the full House for votes. Of the more than 300 Senate bills and resolutions sent to the House for consideration, fewer than 40 have been referred to committees. The Senate has also complained about the House passing its own versions of legislation when the Senate acted first (i.e., the House passing its versions of ‘Open Carry’ despite the Senate’s versions being over and eligible). In retaliation, the Senate voted out a border security bill of its own, ignoring the version approved by the House last month. The issue: in order for a measure to become law, both chambers must pass the same legislation with the same language and same bill number.

Key Issue Differences:

Tax Relief: Lt. Governor and the House Ways and Means Chairman Bonnen have battled over whose ‘tax relief’ package is better – the Senate passed legislation of a greater homestead exemption from school property taxes (25% of the median home value – avg. savings of $200/year for homeowners) or the House’s proposed legislation to reduce the sales tax rate from 6.25% to 5.95% (avg. savings of $172/year for all consumers). Governor Abbott has refused to take sides in the matter and has stressed that he will veto a budget that does not have proper tax relief for businesses.

Border Security: While both Chambers have passed their versions of giving new powers to the Dept. of Public Safety officers and Texas Army National Guard troops along the U.S.-Mexico border, a few differences stand out. Both plans are tied to state funding with the Senate allocating $811 million to fund its plan and the House proposing $565 million. Disagreement has also been expressed as to whether an extended presence of National Guard troops on the border is needed – the Senate believes deployment of the Texas National Guard is needed; whereas, the House makes no mention of the Guard. Either chamber will now have to pass the other’s version in order for the measure to become law.

Transportation: Several weeks ago, the Senate passed legislation that would redirect billions of dollars of vehicle sales tax revenue from general state programs to highways, yet the House stalled the measure for some time. This week, the House Transportation committee passed SB5/SJR5 but with a significant change – broadening the source of highway money from vehicle sales tax to the state’s general sales tax. As the bill now reads, voters will get to decide whether $3 billion/year in sales tax will be dedicated to the Texas Department of Transportation.

School Vouchers: This week the Senate passed ‘school choice’ legislation that would use state funding to help parents send their children to private and religious schools instead of public ones. The plan faces opposition in the House, where historically there has been bipartisan support to keep public money in public schools.

Pre-Kindergarten Improvement: This week Lt. Gov. Patrick’s advisory board denounced Governor Abbott’s emergency item legislation regarding ‘pre-kindergarten improvement’ as socialistic and a threat to parental rights. The House has already passed the pre-k legislation (HB4) that would divvy up addition pre-K funding ($130 million) among school districts that meet certain state quality standards and that create a “parental involvement” plan. It is unclear how the legislation will be addressed in the Senate – Lt. Gov. Patrick has distanced himself from his advisory board’s response and the bill has yet to be heard before the Senate.

Other bills, big and small, are caught in similar crossfire, including legislation that would move the ethics-enforcing public integrity unit from the Travis County district attorney’s office to the Texas Rangers; reauthorize the state’s river authorities; regulate accidental spills from wastewater facilities; limit debit card surcharges; manage and collect disputed oil and gas royalties on state land; allow people with terminal diseases to opt for experimental or clinical drug treatments that have not been approved for general use; and one that would eliminate a tax on fireworks.

WHAT TO LOOK FOR NEXT