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Tue, 06/02/2009 - 11:18 — MJSamuelson

After 2005's Summer of the Special Session(s), I think it's perfectly natural for Texas political junkies to take about a five minute breather when the gavel falls on sine die before they begin wondering if the governor is going to call everyone back to address some major issue.

The chaos and headaches that came out of the 80th legislative session in 2007 were enough to hold us over for two years, and the last couple of weeks certainly seem like plenty to hold us now until 2011. Unfortunately, the Democrat shenanigans in the House and the mudslinging from a certain Dallas senator wreaked enough havoc to leave some serious unfinished business behind.

Now, Governor Perry said several times in the last few weeks that the one thing he would be ready to call a special session over would be windstorm insurance. I was at an event over Memorial Day weekend at the Capitol where he said that very thing to a room full of bloggers and live-Tweeting activists. The legislature passed a windstorm insurance bill, and it seems like that crisis is averted.

But the legislature adjourned sine die without addressing the sunset problem. Five state agencies hang in the balance because legislation enabling them to continue was left to die on the vine. TXDOT, for instance, died at midnight Sunday night, when the bill was postponed in a wrangle over the conference committee report - it was likely to die regardless, with Carona's filibuster threat, and Pickett saved us all from that nightmare. There was still a chance to save TXDOT, the Texas Department of Insurance, and the others with HB 1569, the "safety net" bill that would allow the agencies to continue operating and undergo the sunset process again in 2011. But that bill was, for lack of a better word, chubbed into oblivion on Sunday night as well, by Rep. David Leibowitz (D-San Antonio).

A last-minute Hail Mary by Rep. Jim Pitts (R-Waxahachie), HCR 291, passed the House but didn't get traction in the Senate. HCR 291 was a resolution that would extend through 2011 the agencies that would receive federal stimulus funds - meaning TXDOT and TDI. Despite the overwhelming support in the House, there were serious questions raised about the constitutionality and legality of HCR 291 - the 29 members who voted against it were very concerned about this, and a point of order was raised and overruled. After passing the resolution, the House did some more ceremonial singing and dancing before adjourning sine die just after 6pm.

Meanwhile, the Senate was immediately concerned about HCR 291. They recessed for the better part of two hours, each of the caucuses met twice to consider what to do, and ultimately the entire Senate rejected HCR 291 before adjourning around 9pm (the resolution was not even brought up for a vote). The post-sine die response to all of this from newly-elected President Pro Tem of the Senate Sen. Steve Ogden (R-Bryan) was that the blame for the Legislature's failure to save TXDOT, TDI, and the others lay with the House. Speaker Straus brushed off that criticism.

While most politicos and political junkies are now either literally or figuratively sleeping off the 140 day wrangle, the questions have already been asked.

1 - Are the Texas Dept. of Transportation, and the Texas Dept. of Insurance, and the other agencies, effectively dead? - More or less. There are things that can be done, including an executive order from the Governor, to keep these agencies alive. The way sunset works: an agency undergoes sunset review during the interim prior to the session before the official sunset date set for that agency. The Sunset Review Board gives recommendations, and a bill is crafted and filed to fine-tune the agency. The legislature debates and votes on that legislation. The agency is then either shut down or continued. If the bill does not pass, for whatever reason, the agency is then subjected to a systematic shut-down. The date of sunset for TXDOT, TDI, and two others is Sept. 1, 2010. This means that unless something is done, beginning Sept. 1 of 2009 (this year), the agencies' services and duties will be assigned to other agencies, and they will operate on "skeleton crews" through the final sunset date. The Texas Racing Commission has an extra year; their sunset date is Sept. 1, 2011.

2 - Will there be a special session? According to Governor Perry in this morning's press conference, maybe and maybe not. As stated above, the windstorm insurance legislation that primarily concerned the governor passed and is being sent to his desk. Scuttlebutt at the Capitol yesterday held that if there is a special, Gov. Perry will wait until after the veto period (the 20 days after sine die) and the July 4 holiday to call it. Speaker Straus has stated that he doesn't think there's a need for a special. Lt. Gov. Dewhurst is mum so far. But the final authority lies with the governor, and so far, he's playing it down. I'll have another post on a special session and what it could mean for Gov. Perry later today.

3 - Whose fault was this, really? Lots of fingers to point, and I'll probably miss a few, but the first one has to aim at Sen. Carona. The TXDOT sunset bill, HB 300, passed the Senate with his local option tax increase attached, and the House was adamantly opposed to the tax from the get-go (they let the House version die without a floor debate prior to the chubbing, grassroots efforts and the chubbing killed the Senate version while it was in the House, and the House voted to instruct the conference committee on HB 300 to reject the tax provision). TXDOT died because of DFW rail and taxpayer-funded lobbying efforts to raise taxes unnecessarily. The Texas Dept. of Insurance bill died thanks to chubbing - it's only hope was the safety net bill. And finally, Rep. David Leibowitz, and doubtless some of his Dem colleagues in the House, get a portion of the blame as well. Killing the safety net bill ensured the final death of those agencies and if we get a special session, that's the ultimate reason why.

Honestly, the chubbing was the big killer and big problem of the final days of the 81st session. Time-wasting in the House in an effort to prevent legitimate debate on voter identification legislation (read: Democrats trying to avoid taking a vote on a popular issue that would have cost them seats) also prevented a good deal of important legislation from passing, both good and bad. If the legislature is called back, if Governor Perry overlooks the possible political backlash from a special session to address these major issues, it won't be difficult to figure out who is to blame, but it also won't matter. The work has to get done, whatever that looks like, and the fact remains that neither chamber came out of this smelling like spring bluebonnets.Read more...
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