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Here’s Where The Texas Legislature Is On Gov. Abbott’s Special Session Issues

Gov. Greg Abbott called the 85th Texas Legislature back for a special session beginning July 18, initially to pass legislation needed to keep five state agencies in operation, and then to address a longer list of proposals for everything from restroom regulations to local tree ordinances. The governor put forth a total of 20 issues for consideration; this is our regularly updated look at the Legislature’s progress during the 30-day special session.

The Texas Capitol in Austin.

 

SENT TO GOVERNOR

Sunset legislation

During this year’s regular session, lawmakers failed to pass “sunset” legislation needed to prevent some state agencies from closing. Lt. Gov. Dan Patrick held key sunset legislation hostage in a successful effort to force a special session on other issues. In announcing the special session, Abbott said he would only add an additional 19 issues to the agenda after the Senate passed sunset legislation. On the third day of the special session, the Senate did just that, and Abbott significantly expanded the session’s agenda. Though the House had its own sunset bills, it eventually passed the Senate’s bills in the last week of the special session, sending both measures to Abbott’s desk. Abbott quickly signed them.

Related billsHB 1HB 2SB 20SB 60

 

STILL PENDING

Teacher pay and retirement benefits

Abbott asked the Legislature to put more money into the Teacher Retirement System amid concerns that retired teachers would no longer be able to afford their medication amid rising health insurance premiums and health care costs. Both chambers have passed measures that would inject $212 million into the system — but the bills would draw funding from different sources. Abbott also wants school districts to rearrange their budgets to increase teacher salaries by an average of $1,000, a measure educators vehemently oppose and have criticized as an “unfunded mandate.” Neither chamber has passed such a measure yet.

Related billsHB 20HB 198SB 19SB 97SJR 1

 

STILL PENDING

School finance reform

At first, Abbott said he would task legislators with creating a commission to study the school finance system. But in July, he added immediate school funding reform to the session’s agenda amid complaints from Democrats and moderate Republicans in the House that the state’s beleaguered system for funding public schools deserved more concrete action. The governor also tasked legislators with helping small, rural districts struggling after the expiration of a $400 million state aid program. While the Senate has advocated for a study, the House has pushed to put more money into public schools immediately. On Monday, the two chambers took steps toward breaking their stalemate on the issue.

Related billsHB 21HB 23HB 30HB 191SB 16

 

STILL PENDING

“Private school choice” for kids with disabilities

During the regular session, the Senate passed a measure to subsidize private school tuition using state funding. But school-choice proposals have long faced significant opposition in the House, particularly from Democrats and rural Republicans. Abbott has narrowed the issue for the special session by calling for “private school choice” specifically for students with disabilities. The Senate has passed a bill on this issue.

Related billsHB 253SB 2

 

STILL PENDING

Property taxes

There’s a constitutional prohibition on the state levying a property tax, but that’s a major source of revenue that keeps cities, counties and special-purpose districts operating. Amid Texans’ complaints about rising property tax bills – often driven by rising property values – Abbott called on the Legislature to tackle measures aimed at reining in increases in local property taxes. Local government officials argue the bills would hamstring their ability to deliver services their residents expect. The Senate passed a measure, Senate Bill 1, requiring property tax rate elections if a local entity’s revenues would exceed 4 percent from the year before. The House responded by raising the trigger to 6 percent in a measure that chamber tentatively approved on Saturday, August 14. As of late Monday, negotiations over the two bills were ongoing. The lower chamber has also considered more than a dozen other property tax proposals, including one that would abolish school property taxes altogether.

Related billsHB 3HB 4HB 32HB 72HB 74,  HB 81HB 82HB 108HB 155HB 165HB 192SB 1

 

STILL PENDING

Caps on state government spending

Under the Texas Constitution, state spending cannot grow faster than the state’s economy. Ahead of each legislative session, state leaders set a growth rate for state spending based on the estimated rate of growth in Texans’ personal income over the next two years. Abbott has asked lawmakers to require future legislatures to limit how much state spending can grow to the estimated combined growth in population and inflation, a figure that is often lower than the one lawmakers currently use. The Senate has passed a bill on this issue. A House bill was derailed by a parliamentary tactic known as a point of order during the last weekend of the special session.

Related billsHB 41HB 127HB 208SB 9,

 

STILL PENDING

Caps on local government spending

Abbott asked lawmakers to cap how much additional money local governments could spend each year without an election, drawing immediate criticism from city and county officials. They say such a limit would make it difficult to develop long-term financial plans and fund maintenance and services that residents want from their local governments. Neither chamber has passed a bill directly related to this issue yet.

Related billsHB 206SB 18

 

STILL PENDING

Limits on local tree regulations

Dozens of cities and towns across Texas have ordinances protecting trees on private property; in many cases, property owners either have to pay a fee or plant new trees if they cut down larger trees on their land. Lawmakers are looking at measures that would weaken those local ordinances or make them illegal,. Both chambers have passed bills related to this issue, but neither chamber has agreed to the other’s version yet.

Related billsHB 7HB 70SB 14

 

STILL PENDING

Speeding local government permitting

Lawmakers want to make it easier for developers to get approval for projects in cities. Abbott wants state law changed so that permits would be approved automatically if cities don’t respond to them fast enough. Lawmakers are also looking at outlawing construction permitting rules currently in place in Austin that expedite permitting for projects that include certain worker protections. The Senate has passed a bill on this issue. The House has passed three bills related to permitting from groundwater conservation districts.

Related billsHB 164SB 13, HB 26, HB 27, HB 275

 

STILL PENDING

Preventing local rule changes on already acquired properties

This measure would prohibit cities and towns from enforcing any local regulation on a property that was not in place when that property was purchased. Critics have expressed concern that the measure could have far-reaching consequences on environmental, health and other local ordinances in place in communities across the state. Neither chamber has passed a bill directly related to this issue yet.

Related billsHB 188SB 12

 

STILL PENDING

Texting while driving

Texas will be under a statewide texting-while-driving ban starting Sept. 1. But Abbott has complained that this measure leaves in place a “patchwork quilt” of driving safety regulations that differ across cities and counties. He has called on lawmakers to effectively pre-empt local ordinances in more than 40 Texas cities that are stricter than the statewide ban. The Senate has passed a bill on this issue.

Related billsHB 171SB 15

 

STILL PENDING

Bathrooms, showers, locker and changing rooms

Among the most contentious issues during the regular session, proposals to bar transgender men, women and children from restrooms that do not match their biological sex are back under consideration in legislative overtime. Efforts to pass such restrictions fizzled out in May as part of an ongoing fight that’s pitted Republicans against businesses and Republicans against Republicans. Lawmakers are now considering proposals that would affect bathrooms overseen by both school districts and local governments like cities and counties. While the Senate has passed a bill on this issue, bathroom legislation appears to be all but dead due to opposition in the House.

Related billsHB 46HB 50SB 3SB 91

 

STILL PENDING

Union dues deduction

State lawmakers are considering for the second time this year a measure that would end the practice of collecting membership dues automatically from the paychecks of certain public employees who are in labor unions or other associations. The proposal would apply to public school teachers, corrections officers and other government employees but would exempt firefighters, police officers, emergency first responders and charitable organizations — a carve-out that’s received a lot of pushback, even from some of the law enforcement groups that would benefit from the exemption. The Senate has passed a bill on this issue.

Related billsHB 156SB 7

 

STILL PENDING

Taxpayer funding for abortion

State and federal law already prohibit using tax dollars to pay for abortions, but Abbott wants the Legislature to broaden that ban to block local and state government agencies from entering into any financial contracts — including lease agreements — with clinics that are affiliated with abortion providers, even if those clinics don’t perform abortions. The Senate has passed a bill on this issue.

Related billsHB 14HB 163SB 4

 

SENT TO GOVERNOR

Abortion insurance

The Legislature approved a measure requiring Texas women to pay a separate health insurance premium if they want their health plans to cover abortions performed outside of medical emergencies House Bill 214 has now been sent to Abbott, who is expected to sign it.

Related billsHB 214SB 8

 

SENT TO GOVERNOR

Abortion reporting

The Legislature sent House Bill 13 to the governor, a measure that would require physicians and facilities to report more details about abortion complications — and fine those who do not comply. (Another bill, House Bill 215, requires additional reporting from doctors on whether minors seeking abortions did so because of a medical emergency and whether they obtained parental consent or a judicial bypass. That measure cleared the House and has received tentative approval from the Senate.)

Related billsHB 13HB 195HB 215SB 10SB 73

 

STILL PENDING

Do-not-resuscitate protections

The governor has asked lawmakers to ensure that patients or their legal guardians have consented to a do-not-resuscitate orders before doctor can issue them. Proponents say it codifies practices already in place at many hospitals, while some opponents say that it could needlessly complicate the process of issuing a do-not-resuscitate order. Both chambers have passed different versions of Senate Bill 11.

Related billsHB 12SB 11SB 80

 

SENT TO GOVERNOR

Mail-in ballot fraud

Amid an investigation of mail-in ballot irregularities affecting city council races in Dallas, Texas lawmakers this year put a newfound focus on mail-in ballot fraud, a documented vulnerability in elections. During the 2017 regular session, Abbott signed into law a bill that overhauls absentee balloting at nursing homes, in an attempt to shore up that process. During the special session, lawmakers approved Senate Bill 5 which widens the definition of mail-in voter fraud and increase penalties for those who commit it. The bill also repeals the nursing home law Abbott had signed just weeks earlier, after various Republicans described their earlier support for that law as a mistake. Abbott signaled that he too believed he shouldn’t have signed that nursing home bill by signing SB 5 within hours of the Legislature sending it to him.

Related billsHB 184SB 5

 

STILL PENDING

Maternal mortality

In 2013, lawmakers created The Task Force on Maternal Mortality and Morbidity to examine why so many Texas mothers die within a year after their pregnancies end. A study last year in the medical journal Obstetrics and Gynecology showed that Texas’ maternal mortality rates had nearly doubled between 2010 and 2014. While public health experts and legislators have not been able to pinpoint reasons for the spike in deaths and pregnancy complications, there’s bipartisan support behind extending the task force until 2023 to continue its work. Both chambers have passed bills on this issue, but no bill has yet passed both chambers.

Related billsHB 9HB 10HB 11SB 17

 

SENT TO GOVERNOR

Municipal annexation

A bill that would have allowed homeowners targeted by a city for annexation to vote on the proposal died during the regular session when state Sen. José Menéndez, D-San Antonio, successfully filibustered it, claiming it offered inadequate protections to military bases from encroaching development. After Abbott added annexation reform on the special session agenda, lawmakers in both chambers debated tweaking the original measure. Eventually both chambers passed Senate BIll 6, which included a five-mile buffer around military zones. Menendez told The Texas Tribune Sunday that his filibuster was worth it because of the revised bill’s changes.

Related billsHB 6SB 6

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