The Texas Insider

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Happy Friday!

Written by: Jay Williamson

Statewide News Round-Up

Last night was Governor Abbott's biennial State of the State, where he laid out his legislative priorities for the 88th session and vision for the future of Texas. Abbott began by commenting on the historic Texas economy and highlighting the important job and economic growth the state has seen under his administration.

The Governor declared seven Emergency Items for the 88th session and spoke on various other important topics. For example, Abbott promised a soon-to-be-announced $100 billion Texas Transportation Plan, which will illustrate the state's long-term goals for modernizing its transportation system. He spent a good portion of his speech commending the Texas Education system but also criticized some schools for focusing on indoctrination over education. He will also support a State-Funded education savings account to help "empower parents in making education decisions." The speech lasted about twenty-seven minutes and touched on other issues like instituting mandatory minimum sentences for gun crime and fentanyl poisoning. (Good write-up on the full address)

Governor Abbott seven Emergency Items:

• Bail Reform

• Border Security

• Education Freedom

• Ending COVID restrictions forever

• Property Taxes

• Fentanyl Crisis

• School Safety

Emergency items are important because they are the only items the legislature can vote on during the first sixty days of the session.

The Texas Democrats responded with a ten-minute-long video that began with the parents of Robb's Elementary victims criticizing the Governor and Republicans for the lack of gun reform. The Democrats also focused on the grid, protecting public education against voucher programs, expanding abortion and Medicaid access, and more. The Democrats included a lengthy segment with various public safety professionals across the state documenting the work they have done to protect the border. (Full Response Video)

House Speaker Dade Phelan released his statement regarding the State of the State. Phelan said, "Gov. Abbott's address included many great ideas for making our state a better place to live. The Legislature must address our state's border security, fight the rapidly-rising number of opioid overdoes, and empower parents with the roles they play in the classroom and on social media." (Official Press Release)

As reported earlier this week, Attorney General Ken Paxton has agreed to a settlement agreement for $3.3 million with four of his former top staffers. Phelan (R-Beaumont) weighed in while talking to CBS DFW and said, "He doesn't anticipate that $3.3 million being in the House base budget. " The Speaker intends for the Attorney General to come into the House Appropriations Committee and explain why that is an appropriate use of tax dollars. Phelan emphasized that he doesn't see it as a proper use of taxpayer dollars. (More here)

Additionally, the Department of Justice (DOJ) will take over the corruption investigation into Paxton, removing the case from federal prosecutors in Texas. The investigation was launched following his former deputies accusing him of bribery and abuse of office to help a campaign contributor, who also employed a woman Paxton acknowledged having an extramarital affair. (More here)

Thursday, the US Supreme Court removed a March hearing on Title 42 from its calendar. As you may recall, Title 42 is the public health order enacted by former President Donald Trump, allowing the federal government to turn away migrants. The impacts of ending Title 42 may be substantial, as since October, the federal government has expelled nearly 137,000 migrants from Texas through Title 42. Considering the legislature's focus on Border Security, this may result in calls for even more funding beyond the planned $4.6 billion. (More here)

A possible meteorite crashed into Texas this week, resulting in a loud explosion and homes shaking near McAllen. (More here)

Congressman Dan Crenshaw posted a Twitter thread summarizing a briefing he and other Members of Congress received from senior military officials on the recent objects flying over the United States. He said, "We still don't know what these other 3 objects were. We're calling them unidentified aerial phenomenon's (UAPs)." (Full thread)

A Federal Judge has dismissed former State Senator and Gubernatorial candidate Wendy (D-Houston) Davis's challenge to the Texas abortion ban. Davis is well known for a thirteen-hour filibuster of a 2013 abortion bill. The lawsuit challenged the 2021 Texas law allowing private citizens to sue anyone who "aids or abets" in abortion after fetal cardiac activity is detected. Davis and others sued a handful of anti-abortion activists who have threatened civil lawsuits against abortion funds helping Texans access abortion out-of-state. US District Judge Robert Pitman dismissed the suit, finding "the plaintiffs have not articulated a credible, imminent threat can be attributed to the defendants" (More here)

Legislative Report

Over 3,467 bills have been filed as of 2/17/23.

101 days till Sine Die (Last day of the legislative session)

21 days till bill filing deadline

Elections

HB 2062 by Representative James Talarico (D-Austin) would change the order in which offices appear on a ballot. County and precinct offices would be first followed by state government, then federal, with the Presidental candidates being the last names on the ballot.

HB 2390 by Representative Carrie Isaac (R-New Braunfels) would mandate commissioners' courts couldn't put polling places on the campuses of higher education institutions.

Social Media

HB 4 by Representative Giovanni Capriglione (R-Southlake) would, among other things, exempt specific personal data from being collected by business entities like social media companies. As well as give consumers the right to request access to their data and delete, correct, or opt out of the processing of that data for things like targeted advertising and sale. This is a complicated data privacy bill, nearly thirty-four pages long. However, considering the low bill number, it is a priority of the House and Speaker. Phelan expressed support for this type of legislation on Twitter this week and said the House "will pass much-needed measures to empower parents to protect the privacy of our kids." (Official Tweet)

The Grid

The Senate Business & Commerce committee met this week to evaluate the Public Utility Commission's grid redesign proposals. The committee is still early in its decision-making process, and last week grilled the proposed market redesign called a "Performance Credit Market" (PCM.) This week along with the PUC, various lobbyists/think tanks testified about other options, and some pushed back on the PCM, saying it is untested and too risky. This is a complex topic, and a lot more discussion will happen over the next several months as the Legislature looks to improve our current grid.

Education

HB 2438 by Representative Shawn Thierry (D-Houston) would require school districts to reimburse teachers at the ninth or below grade level up to $600 per school year for classroom supplies purchased by the teacher with personal money.

SB 971 by Senator Royce West (D-Dallas) would allow students participating in University Interscholastic League (UIL) to earn compensation for the student's name, image, or likeness. Students would have to be over eighteen, meet specific academic requirements, and comply with rules set by UIL. They would not be allowed to endorse alcohol, tobacco, e-cigarette, and many other products.

Economic Development

The Texas Association of Business and more than 180 state chambers and business organizations sent a letter to the 88th Legislature encouraging the state to establish a new economic development policy to provide tax discounts and incentives for companies relocating to Texas. Traditionally these have come in the form of chapter 313 incentives which, among other things, gave companies a ten-year discount on property taxes. This program expired on December 31st, and the business community is calling on the Legislature to create a new program. (Official Letter)

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Happy Friday!!

Full thread)