The Texas Report

Happy Monday!

Representative Matt Schaefer (R-Tyler)

Written by: Jay Williamson

Statewide News Round-Up

We apologize for not sending our regular Friday newsletter. Various technical difficulties made it impossible.

The legislature has officially finished bill filing for the 88th session. This year they shattered records and filed the most bills in Texas history.

Across the last two days of bill filing, over 1600 pieces of legislation were filed. We are still processing much of the new legislation, but now there's a clearer picture of each chamber's priority bills. In total, 7,865 bills were filed, breaking the record by 446. Some of the highlights: (More here)

  • House Bill (H.B.) 3 by Representative Dustin Burrows (R-Lubbock) would require school districts have at least one armed security officer on every campus. The legislation would also provide an annual $15,000 in base funding per campus for school safety-related measures.

  • H.B. 20 by Representative Matt Schaefer (R-Tyler) is one of the Speaker's priority border security bills. This legislation would, among other things, create a "Border Protection Unit," led by a chief appointed by the governor. The Unit will likely be made up of state and local law enforcement, but it also allows regular citizens to be employed operationally without arresting authority unless trained and authorized by the governor. This would create a law enforcement agency solely focused on the border.

  • S.B. 7 by Senator Charles Schwertner (R-Georgetown) would establish new reliability standards for the Energy Grid.

  • S.B. 13 by Senator Angela Paxton would require school districts to create a library advisory council to make recommendations to the school district regarding the school library catalog. Additionally, school districts would be required to provide written notice to parents with the option to be contacted each time their child obtains something from the school library.

Other priority border security bills include H.B. 7 by Representative Ryan Guillen and S.B. 2424 by Senator Charles Schwertner.

H.B. 20 has come under fire by Texas Democrats who see it as creating a new "Show Me Your Papers state police force to harass and detain any individual they suspect of being undocumented." Texas Democratic Party Chairman Gilberto Hinojosa added that "This heinous bill, if passed, would do nothing to curb the crisis at our border - it would merely subject South Texans to constant state-mandated racial profiling and a level of big-brother police-state dystopia they could have never even imagined." (Official Press Release)

Bill sponsor Representative Schaefer released a statement in response to criticism and said, "The Texas Border Protection Unit will be an organization of professional men and women hired/trained under the authority of the Department of Public Safety to protect Texans. Many will be licensed peace officers. Others trained and specifically authorized by the Governor." (More here)

Speaker Phelan's statement on Border Security issues. (Press Release)

Lieutenant Governor Dan Patrick issued a statement on proposed grid reforms. "Our slate of legislation focuses on putting protections in place to ensure that our energy market remains fair for all participants while keeping costs for consumers low. We are going to pass legislation to improve transparency and protect against market abuses, build on the good attributes of the Performance Credit Mechanism (PCM) plan but add a guardrail to ensure manageable rates for Texans, defend the grid from foreign powers and realign our goals to build more dispatchable generation in the coming years. "(More here)

S.B. 6 and S.B. 7 by Senator Charles Schwertner (R-Georgetown) are two of Patrick's top ten priorities for the session.

Unlikely allies have come out against S.B. 23 by Senator Joan Huffman (R-Houston.) This bill would require a 10-year sentence for people who use a gun while committing a felony. Criminal justice reform advocates and gun rights groups have each expressed concern about the legislation. An advocate from the Texas Center for Justice and Equity said, "When we're thinking about solutions to violence, we really have to be smart about the interventions that are evidence-based and that we know are more effective. "The state director for Gun Owners of America said there is potential for unintended consequences like if "you act in what you believe is self-defense … The [district attorney] doesn't see it that way, and now you're facing ten years."

Senator Huffman is a former prosecutor and judge of the 183rd Criminal District Court in Harris County. When speaking on an early gun bill she said, "In Texas, we deeply respect the Second Amendment, but we will not tolerate violent criminals terrorizing our communities. Enough is enough.” (More here)

A Texas man is suing three friends of his former wife, alleging they helped her obtain abortion medication in violation of state law after the Supreme Court overruled Roe v. Wade last year. Marcus Silva filed a wrongful death and conspiracy lawsuit in Galveston County, claiming the three women arranged to obtain pills and conceal their actions. Silva's former wife is not named as a defendant and is exempt from liability per Texas law. In text messages between Silva's ex-wife and friends, she says their help "means the world" to her. This looks to be the first lawsuit of its kind. (More here)

A Travis County district court on Friday temporarily blocked Texas Comptroller Glenn Hegar's determination that Harris County violated state law by defunding Precinct 5 Constable Ted Heap's office, this is part of an ongoing feud between Hegar and the County since August. County Judge Lina Hidalgo said Friday, "I celebrate the judge's action today but remain focused on the larger issue as we continue to fight Comptroller Hegar's bad faith and poor math." (Official Press Release)

Lawmakers from both parties on have expressed support for changing how Texas funds its school districts to a student enrollment formula instead of average daily attendance. Texas is one of just six states that funds schools based on attendance. Per the Houston Chronicle, the " historical reasoning for the attendance-based policy has been that it creates a financial incentive for school districts to fight truancy and drive up attendance, but Texas in 2015 decriminalized truancy, giving districts fewer tools to force kids to come to school." HB 100 by Representative Ken King (R-) would increase per-student and transportation funding, as well as teacher pay. Not every public education program would shift to enrollment-based, but it would be for students from low-income families, smaller and mid-size schools, and some other programs. (More here, paid)

Governor Abbott was in Tyler last Thursday night for the most recent stop on his parental empowerment tour. (More here)

Abbott also issued a statement last Thursday following a U.S. federal judge ruling that the Biden Administration had violated federal law. The Governor said, "President Biden's open border policies are, in the words of Judge Wetherell, 'akin to posting a flashing Come In We're Open sign on the southern border.' President Biden's catch-and-release agenda, which violates his constitutional duty to enforce federal immigration laws, has catalyzed an unprecedented crisis of illegal immigration at our southern border and throughout our nation. In 2023 alone, this surge of illegal immigration will saddle Texas taxpayers with an estimated financial burden of $13.3 billion." (More here)

Senate State Affairs is meeting on Monday on a variety of contentious proposals. S.B. 175 by Senator Mayes Middleton would prevent political subdivisions (cities, counties, school boards) from hiring lobbyists or paying into state associations that contract with a lobbyist. This has been a well-documented fight for several sessions that typically puts local elected officials against many of their state officials. S.B. 15 by Senator Mayes Middleton (R-Galveston) would require athletes at public institutions of higher education competing in athletic competitions to do so based on the student's biological sex. (Watch it live here)

Committee schedule for the rest of the week:

The House and Senate will meet today at 2:00 pm.

Monday - House Business & Industry, Public Health, Ways & Means, Youth Health & Safety (select) committees. Senate Water, Agriculture & Rural Affairs, Nominations, Finance, State Affairs, and Local Government.

Tuesday - Senate Business & Commerce. House Human Services, Insurance, International Relations & Economic Development, Public Education, Criminal Jurisprudence, Homeland Security & Public Safety, and Urban Affairs.

Wednesday - Senate Health & Human Services, Education, and the Finance Committee. House Committee on Agriculture & Livestock, Judiciary & Civil Jurisprudence, Licensing & Administrative Procedures, Pensions, Investments & Financial Services, County Affairs, and State Affairs.

Thursday - House Appropriations Culture, Recreation & Tourism, Health Care Reform, Corrections, Defense & Veterans Affairs, Elections, and Environmental Regulation. Senate State Affairs.

Potential Articles of Interest

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Legislative Report

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

State Budget

The House Appropriations Committee meets Thursday to consider budget recommendations and riders for every article. Then, most likely, they will vote H.B. 1 out of committee. Once H.B. 1 is voted out of committee, it will go to consideration by the full House over the next couple of weeks. This is one of the biggest nights of the session, as members will try and add hundreds of budget riders throughout the day and night while H.B. 1 is being considered. Many of these budget riders are to provide funding for their personal priorities.

Data Privacy

On Monday, H.B. 4 by Giovanni Capriglione (R-Southlake) will be heard in House State Affairs. This bill would, among other things create substantial new mechanisms for people to manage how their personal data is collected online.

Public Health

H.B. 1805 by Representative Stephanie Klick (R-Arlington) would increase the amount of tetrahydrocannabinol considered as "Low-THC cannabis" from one to five percent. It would also allow people with conditions causing chronic pain to have prescriptions for "Low-THC Cannabis." (Committee Hearing Monday)

H.B. 248 by Representative Andrew Murr (R-) would, among other things, create a task force focused on studying patient solicitation and making recommendations on preventing misleading marketing practices. (Committee Hearing Monday)

Education

HB 584 by Representative Giovanni Capriglione (R-Southlake) would establish a state information technology credential for public junior colleges to help address state information resources workforce shortages. (Committee Hearing Wednesday)

Economic Development

HB 1950 by Representative Ken King (R) would add the Professional Bull Riders Finals as an eligible event under the major events reimbursement program.

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