Lege Lines: Does Texas Really Need a Special Session

Joe Straus (Photo by John Anderson)

Few items capture the spirit of American politics quite like the campaign pin. As the sides get drawn for the state Legislature's upcoming special session, lawmakers have taken to sporting their team's respective badges. On one end, a lapel pin that says simply "Sunset and Sine Die" – a reference to the one required piece of outstanding work from the regular session, a bill to ensure the continued existence of the Texas Medical Board. On the other, a badge that champions a full "20 for 20," as in the 20 items on Gov. Greg Abbott's agenda when session starts on Tuesday, July 18.

The frustrating truth for lawmakers is that the time-limited 30-day special was eminently avoidable. Lt. Gov. Dan Patrick and his allies in the Senate killed the TMB Sunset bill in May, giving Abbott an excuse to call a special. But rather than just bringing lawmakers back to pass only what is essential, the Guv has fashioned himself a political Rube Goldberg machine: Once the sunset bill gets passed by the Senate, Abbott will add an additional 19 items to the call. Most are hard-line Republican dogma, like crippling local government budgets and further throttling Planned Parenthood's funding streams. The aim, seemingly, is to give Pat­rick what he wants. However, many lawmakers and campaign operatives quietly speculate that Abbott is shoring up his right side base against a potential Patrick challenge in 2018's gubernatorial election.

Once back at the Capitol, lawmakers will be under no obligation to pass, or even debate, the governor's full agenda. They could re-enable the TMB and other affected agencies, then call sine die and end the session, as the button advises. While that one bill remains a necessity, Sen. Kirk Watson, D-Austin, described the bulk of Abbott's agenda as a waste of time and money – one designed specifically to placate the conservative base. "There are very few items on the list that provide overall general help to Texas," he said. "Those can be dealt with in two to three days."

The measures on the call fall into three primary categories. First, conservative red meat, like the notorious and discriminatory bathroom bill. Second, can-kicking, like assembling a school finance task force to deliver a report to future Legislatures. (If Abbott were serious about making a difference, said Watson, he would call a dedicated school finance special to deal with that known issue.) Finally, the plain inessential, like a bill to extend the life of the state's Maternal Mortality and Morbidity Task Force. While its work is valuable, its remit does not expire until after the next legislative session, in 2019.

Dan Patrick (Photo by John Anderson)

As in the regular session, the special will be defined by the running war between Patrick and House Speaker Joe Straus. The pair were at loggerheads throughout the first 140 days, with Patrick demanding the most extreme version of any legislation, and then sabotaging Straus' efforts – even when he was shepherding similar, if less hard-line, language. The fight hardened over the bathroom bill. The hard-line version Patrick wanted, to cover all public spaces, did not have the votes to pass the House, and he rejected a slightly-less-discriminatory House version only covering public schools.

With that bill earmarked as one of Abbott's 20 items, Straus threw a match onto the powder keg of the two chamber heads' already strained relationship when he told The New Yorker that he was "disgusted" by Patrick's proposal, reportedly instructing intermediaries to "tell the lieutenant governor I don't want the suicide of a single Texan on my hands." According to Austin Rep. Gina Hinojosa, Straus "holds all the cards," but "he's under pressure from Republicans to produce some red meat."

Even if the House rejects the bathroom bill and other Patrick must-haves such as school vouchers, Abbott's list still represents a Frankensteined mass of conservative hysteria. Consider his merciless tightening of do-not-resuscitate orders, framed as a preservation of patient autonomy. Austin Rep. Donna Howard said the current law is "already very delicately balanced" between ethical and medical interests, and that its inclusion in the call is nothing but further pandering to various vying right-to-life factions.

While the special could last anywhere from a few days to the full 30, it seems likely to be the only special called this year. Abbott has previously stated that if the Legislature fails to pass all 20 bills, it will be because of a lack of will, not time. That's been interpreted by many lawmakers as a sign that he won't call them back again. That said, 20 major bills in a month is a lot of work, and divisive measures like vouchers will burn daylight, while school finance has historically taken years, not weeks, to broach. Howard quoted her fellow Austin Democrat, Celia Israel: "If we can't do it in 140 days, why would anyone think we can pass it in 30?" She stressed that the House is under no delusion that all 20 measures will be passed, and instead forecast that the lower chamber will concentrate on "those things that merit our attention."

The question now is which of the 20 will be Abbott and Patrick's true priorities. Watson warns against complacency among Democrats and moderate Republicans on any issue. With an agenda this conservative, he said, "You can do nothing but take it seriously. Otherwise, it doesn't have the opposition it deserves. You have to go in with your eyes open and prepared to push back."