The Mignon Memo

Gov. Rick Perry called a Second Called Session of the Texas Legislature which began Monday, July 1^st.  The special session will consider the following issues:

• Legislation relating to the regulation of abortion procedures, providers and facilities.

• Legislation relating to the funding of transportation infrastructure projects.

• Legislation relating to establishing a mandatory sentence of life with parole for a capital felony committed by a 17-year-old offender.

Committee hearings took place yesterday in the House and Senate with more to come next week.

Governor Rick Perry sent an e-mail message to supporters this week that said he plans to make an announcement concerning his “exciting future plans” at an event in San Antonio on Monday.  We will have the details of that announcement in next week’s edition.

Sen. Dan Patrick (R-Houston) announced that he will run for Lieutenant Governor in 2014.  He joins current Lt. Governor David Dewhurst, Land Commissioner Jerry Patterson, and Agriculture Commissioner Todd Staples in a crowded field for the Republican nomination for the post.  Former Harris County tax assessor Paul
Bettencourt announced he would run for Patrick’s Senate District 7 seat.

The First Called Session of the 83^rd Legislature concluded early this morning.  Shortly after 11:00 am yesterday, Sen. Wendy Davis (D-Ft. Worth) rose to talk against Senate Bill 5 relating to the regulation of abortion procedures, providers and facilities.  Her filibuster of the bill lasted throughout the day until various points of order were raised regarding whether she was following the rules for a filibuster by speaking only on subjects related to Senate Bill 5.  Although a vote was taken on the bill, it was later deemed void as it occurred after the midnight deadline for the special session.  Other bills that failed to pass included Senate Bill 23 relating to the punishment for a minor convicted of a capital felony and Senate Joint Resolution 2 relating to transportation funding. Bills relating to redistricting had already passed both chambers and are currently awaiting Governor Perry’s signature.  No word yet on whether Governor Perry will call another special session.

Every picture tells a story.  Here are some pictures from the last day of the First Called Session from the Texas Tribune: http://www.texastribune.org/2013/06/26/slideshow-scenes-senate/

Speaker Joe Straus issued a proclamation to expand the jurisdiction of the House Select Committee on Transparency in State Agency Operations.  The committee now has the authority to monitor the conduct of individuals appointed to offices of the executive branch of state government, including university regents, to ensure that such officers are acting in the best interest of the agencies and institutions they govern. The committee was also given the authority to initiate and conduct impeachment proceedings as described in Chapter 665, Government Code, on behalf of the Texas House.

The U.S. Supreme Court issued its long awaited opinion in Shelby Co. v. Holder, a case involving a challenge to the federal Voting Rights Act. After the ruling that Section 4 of the Voting Rights Act is unconstitutional and can no longer be used as a basis for subjecting jurisdictions to preclearance, Texas Secretary of State John Steen announced that the state’s voter identification law would be implemented immediately.  Photo identification will now be required when voting in Texas elections.  The court’s decision will also have implications for the pending trials regarding the state’s redistricting.

Rep. Mark Strama (D-Austin) will leave his House District 50 seat early to work for Google Inc. on its Google Fiber operations in Austin.  Strama had previously announced he would not run for reelection.  A special election to fill the seat will be
called by Governor Perry.

On Friday, June 14, Governor Rick Perry announced that he was vetoing 24 bills as well as using his line item veto authority on related budget items.  To see the specific bills affected and read Perry’s veto messages, follow this link: http://governor.state.tx.us/news/bills.

Now that the veto period has concluded, the fundraising period is well underway. State legislators as well as all statewide elected officials may raise funds for their campaigns regardless of whether the legislature is convened in special session.

With one week remaining in the First Called Special Session of the 83^rd Legislature, all the issues on Governor Perry’s call are still in play.  The Texas Senate has passed bills dealing with redistricting; the regulation of abortion procedures; transportation funding; and the punishment for a minor convicted of a capital felony.  Action is expected on some or all of those bills in the Texas House in the next few days.  Time is running out so committee meetings and floor sessions may be held this weekend.

State District Judge John Dietz announced that he will reopen the school finance trial involving the State of Texas in order to consider actions taken by the 83^rd Legislature.  The re-hearing is set to begin on January 6, 2014 and is expected to last six weeks.  Dietz previously found that the state’s school finance system was unconstitutional due to inequity among districts.

Lt. Governor David Dewhurst has announced the promotion of two staff members in his office. Constance Allison will serve as Legislative Director and Jamie Dudensing will serve as Policy Director.

Texas Agriculture Commissioner Todd Staples has created a website called “The Water Source.” The site combines drought information from various agencies and provides the basics of Texas water policy, including details on reservoir levels and statewide drought conditions. The Water Source can be found at http://www.texasagriculture.gov/Home/ProductionAgriculture/TheWaterSource.aspx.

Governor Perry has expanded the special session call to include:

• Legislation relating to transportation funding;
• Legislation relating to the regulation of abortion procedures, providers and facilities; and
• Legislation relating to establishing a mandatory sentence of life with parole for a capital felony committed by a 17-year-old offender.

The Senate will hold committee hearings today and tomorrow on these issues and the House will likely follow with hearings next week.  Redistricting bills will be heard on the Senate floor on Friday.  The House is still conducting redistricting hearings. Legislators must complete their work by June 25, the last day of the current special session.  If work is not completed by then, Governor Perry could choose to keep legislators working for another special session but all bills must be refiled and begin the legislative process anew.

On Monday, Governor Perry signed several education bills into law, including House Bill 5 which reduces the number of required standardized tests in high school from 15 to five.   Starting with the 2014-15 school year, high school students will be required to take a foundation curriculum of four English credits; three credits each in science, social studies and math; two foreign language credits; one fine arts and one P.E. credit; and five elective credits. Students would add a fourth science and math credit when they select one of five diploma “endorsements” in areas including science and technology, business and industry, public services, arts and humanities or multidisciplinary.

The Texas Monthly list of best and worst legislators has been released.  Look below to see if your favorites are on either list and look for the July edition of Texas Monthly on your newsstand in two weeks.

BEST:
Rep. Jimmie Don Aycock (R-Killeen); Sen. Wendy Davis (D-Fort Worth); Sen. Robert
Duncan (R-Lubbock); Rep. Charlie Geren (R-Fort Worth); Sen. Juan “Chuy” Hinojosa (D-McAllen); Rep. Trey Martinez Fischer (D- San Antonio); Rep. Jim Pitts (R-Waxahachie); Speaker Joe Straus (R-San Antonio); Sen. Leticia Van de Putte (D-San Antonio); and Sen. Tommy Williams (R-The Woodlands).

WORST:
Rep. Lon Burnam (D-Fort Worth); Sen. John Carona (R-Dallas); Comptroller Susan Combs (R-Austin); Rep. Naomi Gonzalez (D-El Paso); Sen. Kelly Hancock (R-North
Richland Hills); Rep. Harvey Hilderbran (R-Kerrville); Sen. Joan Huffman (R-Houston); Sen. Dan Patrick (R-Houston); Rep. Ron Reynolds (D-Missouri City);
and Rep. Van Taylor (R-Plano)

The First Called Special Session of the 83^rd Legislature is ongoing.  At this point, Governor Perry has assigned legislators the task of adopting the interim redistricting plans ordered by the federal district court as the permanent plans for districts used to elect members of the Texas House of Representatives, Texas Senate and United States House of Representatives.  Public hearings have been held in Austin by committees in the House and Senate. Both committees are set to travel to other areas of the state for public hearings during the next two weeks.

Another reminder that Governor Perry has until June 16 to sign or veto bills from the regular session.  Here’s a link to Texas Legislature Online where you can check the status of specific bills: http://www.capitol.state.tx.us/

Texas Comptroller Susan Combs has certified that the two-year, $197 billion state budget adopted during the recent legislative session fits within available revenue, as required by the Texas Constitution.

Speaking of the Comptroller, Combs announced last week that she will not seek re-election and that she is retiring from public office at the end of her term in 2015.  Combs, a former prosecutor and state representative, served as Texas Agriculture Commissioner from 1998 through 2006 when she was elected comptroller. The race to replace Combs is on with various people considering a run for the post.  Republicans said to be considering the race include former gubernatorial contender Debra Medina, Sen. Tommy Williams (R-The Woodlands); Sen. Glenn Hegar (R-Katy), Rep. Harvey Hilderbran (R-Kerrville), Rep. Tom Craddick (R-Midland) and former Rep. Raul Torres of Corpus Christi.

Wondering what happened to the big school finance case in Texas?  As you may recall, in February State District Judge John Dietz ruled in favor of more than 600 school districts that had sued the state over how it funds public education. Dietz found that the state violated the Texas Constitution by failing to fairly or sufficiently fund public schools. He also found that by shifting the funding burden to the local level, the system has created an unconstitutional statewide property tax.  Fast forward to June and the parties still have no written decision.  Judge Dietz has called the parties back together for a June 19^th hearing to determine if actions taken during the recent legislative session affect his earlier ruling.

The regular session of the 83^rd Legislature ended on Monday, May 27!  But now, we have the opportunity to see everyone again since Governor Perry called an immediate special session of the Legislature.  It began Monday, May 27 at 6:00 pm.  A special session can last up to 30 days but does not have to last the entire 30 days.  Light a candle for us all.   The issue, thus far, for the special session is redistricting maps for the Texas House, Texas Senate and Congressional districts.  Public hearings will occur this week for both chambers.

Please remember that Governor Perry has until June 16 to sign or veto bills from the regular session.  Here’s a link to Texas Legislature Online where you can check the status of specific bills: http://www.capitol.state.tx.us/

During the 83^rd Regular Session, legislators passed a $196 billion budget for the next biennium, reformed education, and increased funding for the state’s water  infrastructure. Missing from the list of accomplishments this time – additional funding for transportation infrastructure.  The Texas Legislature used $4 billion from the state’s rainy day fund undo a school payment delay used as an accounting maneuver, pay for wildfire costs, allow help for the City of West after its fertilizer-plant explosion and put $2 billion into water.  That leaves roughly $8 billion remaining in the rainy day fund.

Rep. Trent Ashby (R-Lufkin) was named Freshman Republican of the 83^rd Session and Rep. Alfonso “Poncho” Nevarez (D-Eagle Pass) was named Freshman Democrat of the 83^rd Session.

Rep. Craig Eiland (D-Galveston) announced that he will not run for reelection in House District 23.  Eiland has served in the Texas House since 1994.

Gov. Rick Perry has appointed Julia Rathgeber of Austin as the new state insurance commissioner. Rathgeber,  former deputy chief of staff for Lt. Governor David  Dewhurst, will replace Eleanor Kitzman who was forced to give up the post after failing to win Senate support for her confirmation during the 2013 legislative session.

Today is the last day for the Texas Senate to approve bills on second or third reading and the Texas House to approve bills on third reading.  Legislators will then spend the next few days negotiating between versions of legislation that has passed both houses. The 83^rd Session ends Monday, a day reserved for technical corrections. Negotiations related to the budget and key bills impacting the budget continue with the hope of agreement soon.

For you legislative junkies who want to keep up with the final hours of the legislative session, the best way to get the inside scoop is to follow the hashtag #txlege on Twitter.  Members of the Texas Legislature, staff, lobbyists and the general public all provide up to the minute information.

As the regular session draws to a close, talk will turn to which legislators plan on running for reelection and which legislators will call it quits voluntarily.  So far, there has only been one official announcement.  Rep. Mark Strama (D-Austin) has said that he will not run for reelection in House District 50.   We expect a few more announcements in the coming months.

The end-of-session deadlines are beginning to take effect. Yesterday was the last day for House bills to be placed on a House Calendar.  Those House bills must pass on second reading by midnight tomorrow.  Local bills have an additional day.  The Senate’s first official deadline is still two weeks away but in order for Senate bills to have time to travel through the House process, those bills should be passed and in the House sometime next week.

The House has passed House bill 500, a bill that attempts to reduce the burden of the state’s franchise tax on businesses.  House Bill 500 provides $667 million in tax relief over two years.  The bill now heads to the Senate.

Changes could be coming to the vehicle inspection process in Texas.  Under current law, Texas issues a vehicle inspection certificate that is attached to the windshield of the vehicle in addition to the vehicle registration certificate. The Texas Senate has passed Senate Bill 1350 which would create a single sticker representing both inspection and registration.  Verification of a valid vehicle inspection will be included in the information collected and maintained electronically for vehicle registration each year.  Senate Bill 1350 now moves to the Texas House for consideration.

Gov. Rick Perry has appointed Veronica Edwards of San Antonio to the Texas Lottery Commission for a term to expire Feb. 1, 2017.  Edwards is founder and CEO of InGenesis Inc.

Gov. Rick Perry also made two appointments to the Texas Department of Motor Vehicles Board. John H. Walker III of Houston was appointed to chair the board, replacing departing chair Victor Vandergriff.  Walker is owner and president of J.H. Walker Trucking, chief operating officer of Superior Delivery Services, and owner of Texsix Ranch. Joseph Slovacek of Houston was also appointed to the Board.  Slovacek is senior partner at Hoover Slovacek LLP.

The Texas Legislature is still struggling with legislation to fund the state’s water plan.  House Bill 11, a bill that would have used $2 billion from the state’s Rainy Day Fund to pay for infrastructure, was taken down by a point of order.  House Bill 11 could return or other vehicles could be used, assuming the support of enough members is gathered.  The Senate has passed House Bill 4, a comprehensive restructuring of the Texas Water Development Board as well as an alternate method of financing, Senate Joint Resolution 1. Senate Joint Resolution 1 would ask Texas voters to take funds from the Rainy Day Fund to create accounts to pay for water and transportation infrastructure.  We expect to see more action in this area in the coming week.

Only 26 more days left in the 83^rd Regular Session of the Texas Legislature.  Deadlines for action under the House and Senate rules begin to kick in next week.  The members will begin spending most of their day on their respective floors debating bills as opposed to hearing testimony in committees.

Lt. Governor David Dewhurst and Speaker Joe Straus have announced the Senate and House appointees to the conference committee for Senate Bill 1, the budget for the next biennium.  The Senate conferees are Sen. Tommy Williams(R-The
Woodlands); Sen. Juan “Chuy” Hinojosa (D-McAllen); Sen. Robert Duncan (R-Lubbock); Sen. Jane Nelson (R-Flower Mound); and Sen. John Whitmire (D-Houston).  The House conferees as Rep. Jim Pitts (R-Waxahachie); Rep. John Otto (R-Dayton); Rep. Myra Crownover (R-Denton); Rep. Sylvester Turner (D-Houston); and Rep. John Zerwas (R-Houston).

The Texas Senate unanimously approved a proposed constitutional amendment that would ask voters to approve taking $5.7 billion from the state’s Rainy Day Fund to help finance the state’s water and transportation needs and provide additional funds for public education. SJR 1 would allocate $800 million for public education; $2 billion for water projects in the State Water Plan; and $2.9 billion for transportation projects.  SJR 1 must obtain approval from the Texas House before it goes to voters.