Tx Capitol Report | A view from the Texas state capitol

Dewhurst special session wish list

Below is a letter from Lt. Gov. David Dewhurst to Gov. Rick Perry:

 

Dear Governor Perry,

 

Unfortunately, despite the very hard work and determination of the majority of Members of both the House and Senate, the Legislature was unable to pass a number of important bills, including SB 1811 needed to fund the budget, before the deadline of midnight last night.

 

Still, there is still an outside possibility that SB 1811 could pass the Texas Senate today with the bipartisan support of four-fifths of the Members.  However, if this vote should fail − forcing us into Special Session − I believe that it would be in the best interest of all Texans to start tomorrow and ask you to consider including the following bills in your call:

 

SB 1811 – Relating to certain state fiscal matters and making necessary appropriations; providing penalties;

 

SB 8 – Relating to improving the quality and efficiency of health care;

 

SB 23 – Relating to the administration of reforms, efficiency, cost-saving, fraud prevention, and funding measures for certain health and human services and health benefits programs;

 

HB 5 – Relating to establishing an Interstate Health Care Compact;

 

HB 12 – Relating to the enforcement of state and federal laws governing immigration by certain governmental entities;

HB 272 – Relating to the operation of the Texas Windstorm Insurance Association and to the resolution of certain disputes concerning claims made to that association;

 

SB 12/HB400 – Relating to the flexibility of the Board of Trustees of a school district in the management and operation of public schools in the district and the flexibility for public schools to administer primary and secondary education efficiently;

 

HB 1937 – Relating to prosecution and punishment for the offense of official oppression by the intrusive touching of persons seeking access to public buildings and transportation; and

 

HB 900/SB 308 – Relating to the composition of the congressional districts for the State of Texas.

 

As you know, certain Senate procedures – such as the two-thirds tradition – exist to bring Democrats and Republicans together, encouraging Members to work in good faith in order to achieve positive outcomes for the people of Texas.  Given that a small number of Senate Democrats have demonstrated their unwillingness to find consensus on these important legislative items, I can see no other alternative than to operate under a simple majority vote in the Special Session.

 

I look forward to working with you and Speaker Straus to finish the important business Texans elected us to accomplish.

School cuts in El Paso

A group of state lawmakers reached an agreement over how to spread $4 billion in cuts to public school districts. Read the story here.

Below is the breakdown of how the cuts will affect El Paso if the school finance system is approved:

•Anthony: $375, 003 in 2012; $99,728 in 2013.

•Canutillo: $2,140,629 in 2012; $954,571 in 2013.

•Clint: $4,447,328 in 2012; $1,222,843 in 2013.

•El Paso: $23,317,210 in 2012; $16,286,923

•Fabens: $946,220 in 2012, $246,245 in 2013.

•San Elizario: $1,578,066 in 2012; $418,999 in 2013.

•Socorro: $15,532,272 in 2012; $22,538,696 in 2013.

•Tornillo: $568,931 in 2012; $150,700 in 2013.

•Ysleta: $17,250,798 in 2012; $4,540,818.

Perry signals presidential run may be near

Texas Gov. Rick Perry Friday reversed his previous dismissal about running for president, signaling that he would consider a presidential bid after the Texas legislative session is over.

"I'm going to think about it," Perry said under questioning about his aspirations at a press conference where he signed one of the most stringent laws in the country requiring voters to present a photo identification during elections.

Perry has long said that he was not interested in challenging President Barack Obama for president in 2012. Today, though, he steered clear of his previous comments, giving his first real indication that a run may be near.

 

Fliers draw ire of House women

State Rep. Senfronia Thompson, D- Houston, made clear Thursday that women in the Texas Legislature are not to be messed with.

The Texas Civil Justice League—a tort reform group—issued fliers that showed a child drinking from a woman's breast to oppose amendments in a bill that had nothing to do with women, children or nursing.

The flier read: "Don't expand the Nanny State."

Thompson, a highly respected House member, and a bipartisan group of women in the Texas House showed that they would not tolerate the objectification of women. While state Rep. Debbie Riddle, R-Tomball, accused the men of looking at pornography on the House floor.

Below are some Thompson's comments. They are worth a read.

"I'm going to tell you that I am really disgusted and really ashamed that there is nothing better that some of these organizations find than kicking women. God made me a woman and thank God that he made your mother a woman because you men wouldn't be here."

"Lawmakers, as we are, have an opportunity to shape the attitudes of the public and those attitudes can be positive towards women. They can be negative towards women or they can be both."

"Some of you may find  (these fliers) funny but I find them despicable. I find them distasteful. I find them hateful and I find that they foster violence and disrespect toward women."

"This ought to embitter you. It ought to make you angry that somebody is this disrespectful that they have to put this sort of thing out just to get at a bill."

"If you have the intestinal fortitude, and I believe you do, stand up and tell this organization that this is not acceptable conduct for the members of this House. It is not acceptable conduct to put women down like this."

"This is not a tactic to get this bill passed. I don't care if you kill this bill. I want you to remember one thing that I'm saying today —I don't appreciate this attack on women. I don't appreciate this flier. I'm going to tell you something. I don't perpetrate violence against somebody but if they were here I would probably bloody their nose right here on this floor."

"They have no right to do women this way. And we have not earned this disrespect in this House. We fight here. We get elected just like you do and we have not earned this type of disrespect."

"Men, if you don't stand up for us today. Don't you walk in this chamber tomorrow."

Below is an exchange between Riddle and Thompson:

Riddle: "You know that you are our hero."

Thompson: "I'm trying to make the men be a hero too."

Riddle: "Do you think this has become standard operating procedure by some because of what goes on in this House with the way some of the men have treated some of the women? With pornography on the floor of the House?"

By the end of the nearly 10 minute speech, Thompson received a standing ovation.

The group later issued an apology.

E. Lee Parsley, the general counsel for the Texas Civil Justice League, said the flier should have never been distributed.

"The handout that caused offense was never considered appropriate, and I should have destroyed the copies," Parsley said. "I showed extremely poor judgement in handing the flier to someone not associated with the Texas Civil Justice League, who scanned and distributed it."

 

Sanctuary cities: where it stands

A so-called sanctuary cities bill missed the midnight deadline for passage Wednesday, which means its chances for becoming law are slim.

The bill would allow local authorities to enforce federal immigration law.

At this point, the measure would have to be amended on to another bill that has already passed and  it would have to be ruled germane.

Asked if he would look for a bill to amend the measure onto Lt. Gov. David Dewhurst late Wednesday night said "to do that you'd have to go outside the bounds and I don't know. I have not looked at that."

To add an amendment onto a bill at this stage lawmakers have to "go outside the bounds" or suspend the rules.

So, is the bill dead?

"I hate to say that, I just, I'm not going to comment on this right now," Dewhurst said.

Meanwhile, state Sen. Jose Rodríguez released the following statement:

"The passage of H.B. 12 would have built walls between law enforcement and Latino communities throughout our state. Last night when the Senate adjourned, law enforcement, cities, counties, and school districts breathed a collective sigh of relief that this bill was one step closer to being buried in the legislative graveyard.

"Through the end of the Legislative Session on Monday, Senate Democrats will remain vigilant to ensure that this legislation does not rise from the dead. Our communities have spoken and they do not want this bill to pass, and we will do all in our power to ensure that does not happen."

Hispanic Republican group wants Perry to run for President

The Hispanic Republican Conference of Texas, of which El Paso's state Rep. Dee Margo is a member, announced today that they will try to encourage Gov. Rick Perry to run for President.

Perry, who during his reelection campaign for governor had said he would not run for president, has not ruled out the possibility in recent statements and even suggested that he was "tempted" in a Fox News interview with Greta Van Susteren.

The HRC touted itself as "the first political organization in the nation to endorse his candidacy."

Sanctuary cities: Dead or not dead?

Today is the last day for bills to pass in the Senate.

That means that sanctuary cities legislation must come up by midnight, otherwise Republican lawmakers will have to scour bills that have already passed to see if they can tack it on as an amendment somewhere else.

Republicans say the bill still has hope, while Democrats say it is dead.

Either way, various groups have been staked out at the state Capitol since Monday protesting against the passage of sanctuary cities legislation, which would allow local authorities to enforce federal immigration law.

El Pasoan Sylvia Payan traveled to Austin by bus to rally against the bill.

"I came because all human beings deserve respect and dignity," Payan said. "If an animal needs rights and respect, why not give that same treatment to human beings."

Fernando Garcia, the executive director for the Border Network for Human Rights, said Texas' decision could set an example  for other states. He said Republicans in the past have been more pragmatic in understanding the role Hispanics play in Texas.

"This has never been a partisan issue, they made it one," Garcia said.

 

Protest over TSA anti-groping bill

References to treason, criminal offshore banks and tyranny in Germany made it into a protest urging the state Senate to pass legislation against TSA groping in airports.

A group of about 100 people led by Alex Jones—a right-wing talk radio host who is also a 9/11 truther  —showed up at the Capitol with signs that read: "don't cower to tyrants," "show 'em now or they'll squeeze 'em forever," "Ron Paul for President," and "Get your hands out of my pants—no to TSA."

The crowd chanted treason, treason, treason.

"We've got to let these people know we don't appreciate what they're doing, violating the constitution, the Bill of Rights, letting a bunch of minimum wage people that  aren't even bonded peace officers, under the state constitution, grope little girls," Jones said.

The protest seemed to veer off topic several times.

"We are not the property of the criminal offshore banks that have looted this country," Jones said.

At another point, he said, "Just like in North Korea or in Mexico we know police are corrupt. Why do I talk about the police because in Germany, Soviet Russia...and everywhere else, North Korea, tyranny comes to the door in a uniform."

Then, after plugging his radio show, Jones then urged protestors to go to the offices of Senators opposing the anti-groping bills and talk to their "little boyfriends."

 

Anti-groping bill appears dead

A bill that would prohibit groping in airports has been flushed down the toilet and its angered author launched an all-out war with Lt. Gov. David Dewhurst, who he blames for the failure.

State Sen. Dan Patrick, R-Houston, says Dewhurst worked behind the scenes to kill his bill after receiving a letter from the federal government that threatened to "cancel any flight or series of flights for which it could not ensure the safety of passengers and crew." 

So, on Wednesday, Patrick hit Dewhurst where it presumably hurts—his aspirations to replace GOP Sen. Kay Bailey Hutchison in the U.S. Senate.

“We’ve had a good relationship but someone, who will undermine his members and someone who will not stand up to the federal government, you have to ask yourself is that the kind of person that we need in the United States senate?” Patrick said.

The bill, which passed the House unanimously last week, would ban agents with the Transportation Security Administration from performing searches on certain parts of a person's body with their hands without probable cause.

It specified that agents who touch travelers in a manner that a “reasonable person” would find offensive or who touch the “anus, sexual organ, buttocks, or breast” of a traveler would be subject to up to a year in jail and a fine of up to $4,000.

But questions were raised about whether the state can impose such a law to regulate federal employees.

TSA cited the Supremacy Clause of the U.S. Constitution that says federal law trumps state law and has said that federal agents are simply conducting searches that are allowed in order to ensure safety.

The bill directed the state attorney general to defend the legislation on the basis of state's rights, and supporters say the Supremacy Clause would not apply because "federal law does not authorize the inappropriate touching of people's genitals."

The El Paso Times is waiting for a response from Dewhurst's office.

Update:

 Below is a statement from Mike Walz, spokesperson for Dewhurst:

"Lt. Governor Dewhurst agreed to move forward with a vote on House Bill 1937 and it was introduced yesterday.  During the course of debate, several Senators withdrew their support for the bill and it was pulled down by the sponsor, Senator Dan Patrick, after it became clear that the bill lacked the requisite votes to pass.

"Lt. Governor Dewhurst is concerned about the invasiveness of airport security screening procedures and supports the rights of law-abiding passengers."

Texas Tech's third building amendment fails

State Rep. Dee Margo, R-El Paso, attached an amendment to a bill that would have allowed the issuance of up $58.5 million in state-funded tuition revenue bonds for a third building at Texas Tech’s Paul L. Foster School of Medicine.

But Margo and other lawmakers with similar measures had to remove their amendments after several legislators complained. The legislators said that if such amendments were to be accepted from some, they should be a allowed from everyone.

House Speaker Joe Straus, R-San Antonio, said there was no money in the upcoming two-year budget for tuition revenue bonds. Margo's  amendment stipulated that bonds could not be issued before Sept. 1, 2015.