While COVID-19 cast a shadow over the opening of the 87th Texas Legislature, the dramatics of the closing days thrust Texas into the national spotlight with Gov. Greg Abbott vowing to veto the section of the state budget that funds the legislative branch after the voting restrictions bill failed to pass.
Senate Bill 7, a Republican priority bill deemed an “election integrity” initiative, would have created new limitations to early voting hours, curbed local voting options such as drive-thru voting, and tightened voting-by-mail restrictions.
Democrats claimed the bill would make it more difficult for people of color to vote in Texas, along with handicapped voters and those with low incomes.
The bill appeared poised to pass as Democrats tried every parliamentary tool at their disposal to delay a vote as the May 30 midnight deadline loomed. Finally, lawmakers staged a walkout with enough legislators abandoning the House floor to break quorum and block passage.
As some Democrats delivered speeches opposing the bill, others slowly left the floor, with desk after desk becoming empty. During an earlier vote to adopt a resolution allowing last-minute additions to the bill, only 35 of 67 Democrats appeared to cast their votes. Around 10:30 p.m., the remaining Democrats were seen walking out of the chamber. Their absence left the House of Representatives without a quorum; two-thirds of the 150 House members need to be present to take a vote.
Abbott took no time responding to the failure of one of his priority measures.
“No pay for those who abandon their responsibilities,” Abbott tweeted on the following day, the 140th and final day of the legislative session. The tweet refers to Article X of the budget, which pays not only lawmakers and staff, but also funds legislative agencies such as the Legislative Budget Board. Under the current effective budget, the legislative branch is funded through the end of August. State lawmakers are paid $600 a month, or $7,200 per year. They also receive a per diem of $221 for every day they are in session, including both regular and special sessions.
Democratic legislators quickly shared their disdain over Abbott’s veto announcement.
“This would eliminate the branch of government that represents the people and basically create a monarchy,” Rep. Donna Howard of Austin tweeted.
The governor’s veto deadline is June 20.
Special Session or Sessions?
As the regular session began to wind down, lawmakers already knew they would be back, most likely in the fall, to tackle redistricting. The pandemic delayed the U.S. Census, meaning legislators did not have the data needed to draw new political districts for the state’s 38 U.S. House seats, 31 state Senate, and 150 state House spots, and the 15 seats on the State Board of Education.
The governor, who is the only official who holds the power to convene a special session, has not yet specified whether he plans to call lawmakers back to Austin ahead of the fall redistricting session to deal with other issues.
“At the beginning of the legislative session, I declared election integrity and bail reform to be must-pass emergency items,” Abbott stated on the final day of the session. “It is deeply disappointing and concerning for Texans that neither reached my desk. Ensuring the integrity of our elections and reforming a broken bail system remain emergencies in Texas, which is why these items, along with other priority items, will be added to the special session agenda.
“I expect legislators to have worked out their differences prior to arriving back at the Capitol so that they can hit the ground running to pass legislation related to these emergency items and other priority legislation,” Abbott continued. “During the special session, we will continue to advance policies that put the people of Texas first.”
State Rep. Chris Turner, chair of the House Democratic Caucus, said he and his colleagues in the House will continue their fight against the voting bill, and Turner urged Congress to pass legislation on the national level that would protect voting.
On May 26, Lt. Gov. Dan Patrick tweeted that he was asking the governor to convene a June special session to pass Senate Bill 29, Senate Bill 10, and Senate Bill 12, all bills Patrick said were killed by the Texas House. The three bills, priorities of Patrick, address transgender athletes, taxpayer-funded lobbying, and social media censorship.
Abbott said he supported all three of the bills but did not indicate whether or not they would be part of a special session.
“Only I have that ability, and only I will execute that authority,” Abbott emphasized during a press conference on May 27, before the voting bill failed to pass. “And here’s the way that it works. Not only am I the only one with the authority to call a special session, but I also get to decide when, and I get to decide what will be on that special session.”
Abbott went on to say that he would only put one item on the agenda at a time, and he would continue the special sessions for two years if need be so that the bills he wants to see passed get passed.
“There will be one item placed upon the agenda,” the governor reiterated several days before the 87th ended. “Not until they passed that item will we move on to another item. So, if anybody tries to hold hostage this legislative session to force a special session, that person will be putting their members in the Senate or the House potentially into a special session for another two years until the next regular session.”
Legislative Stats
During the 87th Session, 4,671 House bills were filed, and 2,256 Senate bills were filed, for a total of 6,927. As of press time, 587 House bills had passed, and 486 Senate bills had passed, for a total of 1,073. Lawmakers introduced 3,039 resolutions and passed 2,080, as reported by the Legislature at https://bit.ly/39uReoo. The governor had vetoed one bill as of the first week in June.
Oil and Gas Industry: PBPA Review
“The 87th Texas Legislature began with tremendous uncertainty for those who were sent to serve and those whom they serve,” shared Ben Shepperd, president of the Permian Basin Petroleum Association (PBPA). The ongoing effects of the global COVID-19 pandemic and the vast impact on all economic sectors, including the Permian Basin oil and gas industry, loomed large as the legislative session began, he added.
Then came Winter Storm Uri.
“The PBPA worked diligently with our member companies to ensure that Senate Bill 3 provided the electric reliability that Texans deserve and demand, without creating new, onerous, and impractical regulatory requirements on natural gas production,” Shepperd stated. “Thankfully, with the work done by the Legislature in Senate Bill 3, we believe a balance was struck that provided soundness to the Texas electrical grid and allowed natural gas operators to continue to recover from the impacts of the COVID-19 pandemic and work with state regulators to ensure natural gas delivery for electric generation.”
The PBPA also addressed the need to build a framework for carbon capture space.
“The passage of House Bill 1284 allows the Railroad Commission of Texas to begin the regulatory process for the injection of carbon dioxide and allows Texas to become the leader in this space,” Shepperd reported. “We also worked hard to encourage the growing industry of water recycling and saw several pieces of success on this front, including Senate Bill 601, the new Texas Produced Water Consortium that will be developed at Texas Tech University.”
Eminent domain has been an industry issue through the last several sessions. This time around, lawmakers passed House Bill 2730, which addresses the acquisition of real property by an entity with eminent domain authority and the regulation of easement or right-of-way agents.
“In addition to allowing room for innovation, the PBPA worked to oppose bills that sought to restrict and even abolish the oil and gas industry in the Permian Basin,” Shepperd recapped. “These new attempts to harm the industry with new, scientifically unsound regulations required significant effort by the PBPA staff and member companies and are part of a growing antagonism that we must work to improve.”
While both chambers have adjourned sine die, lawmakers will be back in Austin to tackle redistricting and possibly other issues at the governor’s discretion, Shepperd noted. With that said, the PBPA’s work is far from over; the Association will now begin the task of rulemaking, working with state agencies to address legislation passed and signed by the governor.
For additional information on specific industry-related legislation, please contact the PBPA at 432-684-6345.