Readers of the Texas Lege [Simplified] newsletter were asked what’s on their minds as the…
Readers of the Texas Lege [Simplified] newsletter were asked about what’s on their minds as the state Legislature meets for its 88th biennial session, and the issues they see as most pressing.
Here are answers to five of the questions submitted. The session began Jan. 10 and runs through May 29.
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1. What usually causes bills to die in committee?
There are a number of reasons bills die in committee, but perhaps the most common is lack of time. With just 140 days in the session, it’s just a statistical inevitability: most bills will wither in committee.
Sometimes that’s accidental. Other times, it’s strategic. Lawmakers will use that time crunch to their advantage, and committee chairs can opt to conveniently let bills languish without putting them on the agenda or by avoiding a vote.
The power that a committee chair holds over a bill’s future was on full display in the last legislative session in 2021 when longtime Houston state Rep. Harold Dutton, who chaired the public education committee that year, revived a bill in a manner that some viewed as spiteful.
After one of his own priority bills that would have allowed for state takeover of failing school districts was killed on a technicality, Dutton abruptly put on the agenda a bill that required transgender students to play on school sports teams that do not align with their gender identities. The bill had already been voted on once and failed. Democrats and LGBT rights advocates had adamantly opposed the legislation as discriminatory.
“The bill that was killed last night affected far more children than this bill ever will,” Dutton said. “So as a consequence, the chair moves that Senate Bill 29 as substituted be reported favorably to the full House.”
2. Are there any areas where Democrats have a prayer of making an impact?
Yes, but probably not on any of their highest-profile issues. It’s unlikely that Democrats will be able to sway their GOP colleagues on topics such as abortion, climate change or gun restrictions, but they will certainly try.
It’s important to remember that most bills are noncontroversial, especially those addressing local issues. And even in an age of extreme polarization, there’s still some opportunity for bipartisanship. Take this fun Twitter thread the other night as an example: State Rep. Donna Howard, an Austin Democrat, posted about her push to eliminate sales tax on diapers.
State Rep. Jared Patterson, a Frisco Republican, replied: “Diapers should be tax free. Who has the bill? I’m on board.” Howard, who is on the total opposite end of the political spectrum, told him she had authored the legislation and would welcome him as a joint author. He took her up on it.
Something else to think about: Democrats had the most impact during the 2021 legislative session when they walked out of the state Capitol, and later fled to Washington, D.C., to break quorum and block votes on the GOP’s priority elections bill. Their stunt did help tame some of the most objectionable language in the bill, but it didn’t completely stop Republicans from passing it in a special session later that year .
3. Why doesn’t the Legislature expand Medicaid?
A reasonable question considering this has been a policy priority for Democrats for more than a decade.
For those not familiar, Texas is one of a dozen states that have declined to expand Medicaid under the 2010 Affordable Care Act.
Democrats argue expansion would bring in billions of dollars that the state is currently leaving on the table. Public polling in Texas has shown broad support for the policy.
Republicans have argued that broadening the program would just incentivize people to rely on government assistance and worsen the program for current patients.
Texas House Republicans tried in 2013 and faced a blockade by then-Gov. Rick Perry, who insisted there were too many problems in the state’s existing Medicaid program to add even more people to it.
They didn’t try again in earnest until 2021 when a handful of Republicans signed onto a Democratic-led Medicaid expansion bill, but it never gained traction and died in committee. Its chances this session are similarly slim.
4. Will we see cost of living adjustments for retired teachers?
It’s a good bet that the Legislature will seriously consider cost-of-living adjustments for retired teachers this session. As many of you know, no teacher who has retired since 2004 has ever received a cost of living increase, or COLA.
Lawmakers have been discussing the issue for years, but they opted instead for one-time payouts — a “13th check” — in both 2019 and 2021. It’s the less expensive option that provides a boost to Texas teachers, though advocates say it’s not enough.
Lt. Gov. Dan Patrick, the conservative president of the state Senate, has already floated a potential adjustment this session. At a November press conference, Patrick said he was open to either a COLA or another 13th check — though he later announced that Senate Bill 10, one of his priority bills, would focus on the 13th check.
“I don’t have an opinion on that,” he said in November. “Let (lawmakers) decide what they want to do. But we need to take care of our retired teachers.”
On the House side, Rep. Greg Bonnen, R-Friendswood and chair of the appropriations committee, said during the 2021 legislative session lawmakers should revisit a COLA in 2023, when the teachers pension fund has had time to grow.
So COLAs for retired teachers have bipartisan support, and they’re high on the priority list for many lawmakers this session. It’s all a good sign, but it’s never a guarantee.
5. What is the “rainy day fund” and how does it work?
Think of it as a gigantic savings fund for emergencies. It’s the largest in the country, according to the Texas Comptroller.
The fund was created in 1988 after a drop in oil prices and an economic recession left lawmakers with no choice but to commit the cardinal sin for fiscal conservatives: raise taxes.
To guard against that in the future, they established this fund as a safety net. It’s set up to rake in tax revenue when oil and gas prices are in good shape, so that if they take a dip, lawmakers will still haveoptions.
The revenue for the fund mainly comes from crude oil and natural gas production tax revenues that exceed the amount the state collected in 1987. Half of that goes to the state highway fund — used for non-toll highway construction, maintenance and right-of-way acquisition — and the other goes to the rainy day fund.
Other revenue comes from half of any general revenue funds that haven’t been dedicated to any specific purpose at the end of each biennium, and all interest earned on the balance and investments made with it.
The fund is capped at 10 percent of the amount deposited into the general revenue fund during the previous biennium.
This year, Texas Comptroller Glenn Hegar reported that the fund is expected to total a record $27.1 billion at the end of 2024-25 biennium.
On top of that, the Legislature is sitting on a nearly $33 billion surplus this session, presenting what Hegar called a “once-in-a-lifetime” opportunity.
A two-thirds supermajority vote is needed to pull money from the rainy day fund — or three-fifths when the state’s budget is down.
Historically, the fund has been spent on deficit reduction, appropriations to state entities, infrastructure and disaster mitigation, according to an analysis by the Texas Taxpayers and Research Association.
House Speaker Dade Phelan has floated the idea of using the rainy day fund for infrastructure improvements, such as on rural roads battered by oil and gas production, especially in the Permian Basin.
Lawmakers have so far proposed bills that would dedicate the money to border security enhancement projects and state aid for school districts.
taylor.goldenstein@chron.com
cayla.harris@chron.com