Tx Capitol Report | A view from the Texas state capitol

House meltdown could mean special session

In a surprise ending to the second-to-last day of the legislative session, the House failed to pass the so-called sunset safety net bill, HB1959, before the midnight deadline tonight for the chamber to approve bills.
The bill would allow agencies like the Texas Department of Transportation, the Texas Department of Insurance and others that were supposed to be sunset this year to continue even though lawmakers failed to pass legislation renewing the agencies.
State Rep. David Liebowitz, D-San Antonio, first tagged the bill and then asked questions about the bill right up until the midnight deadline.
But it's not like Texas can go without a state transportation agency. So without some sort of legislation to keep it going for the next two years, Gov. Rick Perry would likely have to call lawmakers back to get the job done in a special legislative session.
House Speaker Joe Straus, R-San Antonio, said he would work tonight to find some way to revive the bill Monday, the final day of the 140-day legislative session.
"We’ve got one more day," Straus said.

Sen. Carona: Why I will filibuster the TxDOT sunset bill

UPDATED AGAIN: In a 4:15 p.m. press conference, state Sen. John Carona, R-Dallas, recommitted to killing the TxDOT sunset bill with a multi-hour talkathon.

"For 250 pounds, I have a lot of energy, and I feel really passionate about this," Carona said.

He disputed the assertion of Sen. Glenn Hegar, R-Katy, that killing the TxDOT bill would mean no new road construction projects for two years.

Carona said the $2 billion in highway construction bonds might be attached to another bill, and even if it weren't, that money wasn't even set to be distributed until late next year. At most, he said, it would be a delay of several months.

Another problem Carona brought up during his visit with reporters was that state Sen. Eliot Shapleigh, D-El Paso, was not a membe of the team negotiating the final bill. He had suggested Shapleigh, who had worked on the bill and is a member of the Senate's transportation committee, for the committee, but Lt. Gov. David Dewhurst appointed state Sen. Juan "Chuy" Hinojsa, D-McAllen, instead.

Shapleigh, he said, was committed to the local-option transportation tax and would have stood strong with Carona to allow communities to raise funds for their projects.

"You can't build roads without money, and it's that simple," Carona said.

In the end, Carona said, it comes down to House members not having the political courage to vote for new taxes and fees even though they know the money is needed.

"At some point soon, we're going to be embarassed by the fact that we've run out of money to build roads," Carona said.

UPDATED: Sen. Glenn Hegar, R-Katy, said his colleague's plan to talk to death the Texas Department of Transportation sunset bill that he authored and has worked on for months is "a sad turn of events."

Hegar said he did not act deceitfully in gathering signatures and negotiating a deal on the TxDOT bill with the House members who told him repeatedly that the local-option taxes and fees would face certain death in the lower chamber.

"You're playing Russian Roulette with a fully loaded gun, and you're not going to win," he said of trying to bring the TxDOT bill to the House with the local option in it.

Hegar said he was disappointed that all the other measures in the bill, including a portion that would allow the release of $2 billion in transportation construction bonds for new roads, would die.

"This bill does not need to be hijacked for someone's personal efforts," Hegar said.

A couple notes about the next couple days and possibilities ahead. Hegar or Lt. Gov. David Dewhurst could simply decide not to bring up the bill and save Carona the trouble of talking for hours on end. If they do decide to bring up the bill, the timing of when they decide to bring it up will determine how long Carona has to jabber.

State Sen. John Carona, R-Dallas, said he plans to make good on his threat yesterday to kill the massive bill to overhaul the Texas Department of Transportation.

Carona is upset because a measure was struck from the bill that would allow voters to decide whether to raise local taxes and fees for transportation projects.

Here's Carona's release, which outlines his five-point plan to talk the bill to death.

He's got to keep it going til midnight tomorrow.

        Why I Will Filibuster the TxDOT Sunset Bill, by Senator John Carona

There is an old Italian saying:  Dai nemici mi guardo io, dagli amici mi guardi Iddio.
It means "I can protect myself from my enemies; may God protect me from my friends!"

It's no secret by now that the conference committee report contents were not what I was led to believe, and that the report was signed and filed before I was ever shown the decisions. What we have is a deal negotiated in bad faith. I can handle the personal and professional insult involved; after all, there is another Italian saying:

Quando finisce la partita, i pedoni, le torri, i cavalli, i vescovi, i due re e le due regine tutti vanno nello stesso scatolo.
When the chess game is over, the pawns, rooks, knights, bishops, kings, and queens all go back into the same box. We will recover and work together again, and the Senate will survive.

Unfortunately, the practical effects of HB 300 for Texas transportation are negative and still must be addressed. For example, in the absence of the Local Option Transportation Act, other provisions included in either the House or Senate bill but discarded by conferees such as Local Participation take on new importance and should have been adopted. Had I known LOTA would be stripped, I would have pressed that point.  

 If HB 300 dies, the only real loss is the enabling legislation to issue Proposition 12 bonds. Frankly, given the debt service entailed over time, there is a good argument to putting off this debt until we can pass legislation reducing or eliminating transportation diversions, legislation I filed, but mysteriously came to a stop in the House.

 It further appears that the Senate conferees ended up giving away the store. The fatal flaw in HB 300 is buried in the process for determining whether the state or the MPO picks the projects. HB 300 has the Transportation Commission developing criteria for selection and placement of projects in the Transportation Plan, which is good. However, for the major funding categories the Commission must then use the MPO's priorities unless they conflict with federal law or rule. Finally, the department "shall use the planning organizations' project lists to create the statewide transportation program and budget." Through these steps, found on page 38 of the side by side, the conferees complete the transfer of decision making authority from the state level to the MPO, which in my view is the wrong direction.

Accordingly, here is how I will proceed today.

 First, I will read the bill to the body. HB 300 on conference committee report is 344 pages long, which is even bigger than the infamous HB 3588 by 10%.  Given that the House bill came to the Senate with over 100 amendments stapled to the back and not rolled in, there has never been a compiled version that makes sense, entire sections of law are repealed by handwritten notes in the margins, and we have barely had the bill long enough to absorb so much as the table of contents, you can expect this effort to take a while.  

In that process, we will explore a few of the very curious provisions of this bill. For example, why would there be a provision inserted after Senator Hinojosa was appointed to the committee that addresses a TCEQ permit currently in litigation and if passed, I am told would put a constituent of Senator Lucio's out of business?

Why if LOTA was so impossible, would there be a provision appearing for the first time in the conference committee report that enables the El Paso County Commissioners, without a vote of the citizens, to increase vehicle registration fees by an additional $50?

 If rail transit in North Texas is too much for the House to vote on, why would the conference committee report include a first-ever provision directing the route of a rail line serving Irving?

 Second, I will describe for my colleagues in detail the development and content of the Rail North Texas proposal, so they can fully understand and appreciate the resolve of local leaders, businesses, and taxpayers in North Texas to have this opportunity.

 Third, I will address the knee-jerk, self-professed tax watchdogs whose outcry on the local option transportation act betrays either ignorance of the session or a callous use of LOTA as a straw man to garner headlines and addresses for their mailing lists. I will do that by reminding my colleagues of the content, analysis, and fiscal impact of legislation I proposed that would end diversions and index the motor fuels tax.

 Fourth, I will share with each Senator the projects in their districts that are unfunded, and that this legislation will do little to address.

 Fifth, I will return to the reason LOTA is so important, the state of transportation funding today. There are many resources that detail the funding crisis, such as the 2030 Report and the Governor's Business Council report, and I look forward to disseminating that information.

 Of course, Texas is not alone in these needs, and there are voluminous reports from at least two national select committees that shed light on our failing infrastructure finance systems.

 I hope at that point I have not run out of time in the session because I have some other items to discuss, but I am inspired by the memory of Bill Meier, who from the desk right behind where I sit today, talked for 43 hours. Let's see how I do.

Standoff continues over local-option fees and taxes in TxDOT bill

Legislators on a House-Senate conference committee trying to hash out a compromise on a bill that would reform the Texas Department of Transportation seem not to have made much progress over night on the biggest unsettled issue.
State Sen. John Carona, R-Dallas, chairman of the Senate Transportation and Homeland Security Committee, wants to give local communities the option to vote on a slate of taxes and fees to raise money for local transportation projects.
State Rep. Joe Pickett, D-El Paso, chairman of the House Transportation Committee, says the House won't go for that, and leaving it in could kill the 1,500-page bill.
While most of the other issues in the bill appear to have been worked out, this one seems to still be a snag, judging by this press statement that Carona sent out this morning:

"We will have no money to build new roads in less than four years. In spite of public testimony throughout the interim calling for increased funding, efforts to use traditional statewide methods (indexing/raising the gas tax, vehicle registration fees) have been stalled to a full stop. Diversion has gotten worse, not better (for example, gas taxes will now be subsidizing volunteer fire departments). We passed local mobility funding via the sales tax out of the Senate last session only to have it stopped short of a vote in the House. Yesterday, in the culmination of two years of intense negotiations, legislators of both political parties joined hundreds of citizens and community leaders on the Capitol steps to call for local option transportation funding. The answer to traffic congestion and pollution in our major metro areas comes now as a stranger to the door of the House. Within the House are 77 solid votes or more, and there is only one true way to prove it. Open the doors of the House to this legislation, and LET THE PEOPLE VOTE."

Pickett gives lobbyists an earful; Carona says TxDOT bill's fate is in Pickett's hands

State Rep. Joe Pickett, D-El Paso, gave some transportation lobbyists what-for today after he said he found out they were collecting signatures on a petition he considered misleading.
"I swore a lot, and I apologize to my mother, but I do not apologize to them. They deserved it," said Pickett, chairman of the House Transportation Committee.
Pickett and members of the House-Senate conference committee are working against the clock to agree on a final version of the 1,500-page bill that would reform the Texas Department of Transportation.
Two major sticking points remain in the negotiations.
The Senate wants a measure that would allow local communities to vote on a smorgasbord of taxes and fees to raise money for local transportation projects. The House has said no to that.
The House wants a measure that would phase out red-light cameras. The Senate doesn't like that.
Pickett said some lobbyists were asking House members to sign a petition they said he supported to give consideration to the local tax and fee option. He said the tactic was misleading.
"I got mad," he said. "This is a big deal."
He said leaving in the local tax and fee option could result in the whole bill dying in the House. There are too many important reforms in the measure to let the whole thing fail, Pickett said.
State Sen. John Carona, R-Dallas, chairman of the Senate Transportation and Homeland Security Committee, said he was "confused" over Pickett's conduct today.
He said the Senate has compromised, lowering the fees communities could charge to raise transportation dollars. They have also agreed, he said, to keep the phase-out provision for red light cameras, although future legislation could change that.
"It just defies logic that the House would not be given the opportunity to vote on this bill," Carona said.
The House and Senate members must agree on a final version of the bill soon, or it could die.
The bill must be printed and distributed by midnight Saturday and must be voted on by midnight Sunday.
Carona said if Pickett would support the compromises the Senate has agreed to, the rest of the House would follow his lead since he is the chairman of the Transportation Committee.
"It all has come down to Joe Pickett," Carona said. "Joe is a capable leader, and I need him to step forth now when it really counts."

Gov. Perry signs Tejano monument bill

Gov. Rick Perry this morning signed HB4114, a bill eight years in the making that will allow a Tejano monument on the South grounds of the Texas Capitol.
"It's been a long time coming. What? Five hundred years?" he said in a short speech before signing the bill.
In 2001, the Legislature passed a resolution to establish the monument, and in 2007, lawmakers approved $1.086 million to complete the project. The non-profit Tejano Monument Corp., also raised about $600,000 in private donations.
Construction of the monument will begin after the State Preservation Board approves a site for it on the Capitol grounds.
State Rep. Trey Martinez Fischer, D-San Antonio, one of the bill's sponsors, said the historic Capitol grounds are the appropriate place to honor the historic role of Tejanos.
"It's not just Tejanos, it's American history," he said.

Perry signs the Tejano monument bill, as supporters and the bill's sponsors, state Rep. Martinez Fischer and state Sen. Judith Zaffirini, D-Laredo, look on.

A small version of the Tejano monument designed by artist Armando Hinojosa.

Former Rep. Moreno: "I am disturbed at what has happened."

Former state Rep. Paul Moreno, D-El Paso, is on the House floor today. The 40-year veteran of the Texas House said he came to pay a visit because he was disturbed at the publicity over the row between El Paso state Reps. Marisa Marquez and Norma Chavez.
He blamed the internecine spat on the contributors who supported the legislative ladies' campaigns.
"The lobby, the lobby did it," Moreno said. "The lobby got them both in here, and now they’re fighting over who the hell is going to be the boss, and that’s ridiculous, ridiculous."
Of course, it's good to note here that Marquez's campaign, with the help of Chavez, toppled Moreno in the Democratic primary last year, so that could have some bearing on his comments.
Moreno also said this kind of thing never happened while he was here. I guess he forgot about Chavez calling him a "dinosaur" and about the frequent blow-ups in the past between Chavez and state Rep. Joe Pickett, D-El Paso.
I asked Moreno what he was going to do to help the situation while he was here.
"I really don’t know what I'm going to do, but, you know, I am ashamed really of what's happening," he said.
Would he perhaps try having a chat with the lawmakers, I asked.
"I'm not that type of fella, but just hopefully my presence here will make them wake up to the fact that they represent El Paso, they don’t represent themselves," he said.

Straus files for Speaker, discusses avoiding special with gov, lt gov

House Speaker Joe Straus, R-San Antonio, said today he filed the paperwork to run for another term as leader of the chamber in 2011.
He said he filed the papers "out of an abundance of caution," because legislators had begun talking with him about running again.
"I expect to be Speaker again," he said.
Straus also said he wouldn't begin collecting pledge cards from legislators yet.
"Pledge cards are something for another day," he said.
But Straus primarily called reporters for an impromptu gathering to report his conversations today with Lt. Gov. David Dewhurst and Gov. Rick Perry about how to salvage all the legislation left after the five-day talkathon in the Texas House.
Straus said about 400 House bills were on their way back after being approved in the Senate. The House will have to go through all those measures and either agree with any changes made in the Senate or ask for a conference committee to negotiate a final version.
The three also talked about ways to pass a bill to shore up the Texas Windstorm Insurance Association, he said.
Perry has said he would call a special session to deal with the insurance fund if legislators don't take care of it before sine die on June 1.
"We're kicking around some ideas," Straus said.

Chavez to Marquez: "U R not my friend"

Tomorrow I'll have a story in the El Paso Times about the ongoing fight between El Paso state Reps. Norma Chavez and Marisa Marquez. Here's a teaser of the full story. And, below I'm posting the entire text message Chavez sent to Marquez last week banning her from her graduation party.

Full Text message sent from state Rep. Norma Chavez to state Rep. Marisa Marquez on May 22:
“Today I walk. Today u pass the mostethics (sic) bill. U have treated me with the most calculated disrespect the entire time since yr (sic) primary election. I asked Joe to ask u to stay away. U did not. Plz do not go to my noon reception. Or I will ask u to leave. U ridiculed my education every drunk opportunity u had. U R not my friend.”

Who's chubbing now?

It's almost 11 p.m., one hour from the deadline to pass Senate bills on second reading in the House. A couple hours ago Democrats stopped "chubbing" on local and consent bills and started the usual auction-call style passage of these uncontroversial measures.
Since then, though, we've heard a little more from some Republicans, who've had quite a few parliamentary inquiries and have taken their time explaining bills.
Word is they'd rather not get to the next bill on the calendar, which is the unemployment insurance bill that would challenge Gov. Rick Perry on his decision to reject $550 million in federal stimulus money.
So we're all just waiting to see how far we get before the stroke of midnight.

House delays continue with Dems 'stealth chubbing'

After three straight days of chubbing on routine local bills that usually are approved with little or no discussion, it was kind of exciting earlier today when the House started really debating a bill that would alter the top 10 percent rule.
State Rep. Dan Branch, R-Dallas, laid out his bill. A big amendment by state Rep. Harvey Hilderbran, R-Kerrville, was adopted. It looked a little like the regular House with debate on whether capping the rule would harm minority and rural students.
Then, Democrats started bringing up amendment after amendment and withdrawing the proposals after talking about them for 10 minutes.
Here we are, about four hours later, and they're talking about amendment number 44.
State Rep. Aaron Peña, D-Edinburg, posted this on Twitter: "I want to invent a new word based on what I have seen today - stealth chubbing - a less apparent distinct sub variety of generic chubbing."
Word is the 'stealth chubbing' will continue an hour or two more and then the Democrats will return to talk, talk, talking on local and consent bills, this time on third reading.
State Rep. Linda Harper-Brown, R-Irving, expressed some doubt about that strategy, though.
"They might not chub on third readings because we might not ever get there," she said.