Texas lawmakers convened in Austin Jan. 12, launching a historic session overshadowed by a pandemic and its cascading domino effect. “Getting down to business” took on a whole new meaning, with legislators and leaders examining everything from basic meeting guidelines to complex budgetary needs through a COVID-shaped lens.
The Coronavirus topped the initial agenda with the House and Senate adopting meeting protocol rules (see related story). Generally speaking, House members are requiring masks but no mandated testing. The Senate, with 31 members compared to 150 in the house, is relying heavily on COVID-19 screening.
Texas Lawmakers
This session, representatives and senators are required by law to pass a balanced budget and address redistricting, the decennial redrawing of maps for the state’s congressional, legislative, and State Board of Education boundaries. Who, exactly, are the lawmakers who will tackle these and other tasks?
The Texas House includes 150 members (with one Republican yet to be decided in a run-off):
- 67 Democrats
- 83 Republicans
- 38 Females
- 112 Males
- 17 Freshmen
Rep. Dade Phelan was sworn in as the Speaker of the House making him one of the “Big Three,” which includes Gov. Greg Abbott and Lt. Gov. Dan Patrick.
During the first few says, the House added Rule 16 to ensure the chamber is able to carry out its duties in the event of a disruption caused by an actual or imminent threat of an emergency, including an epidemic or pandemic. Other adopted rules 1) allow for the public’s right to access committee meetings to be satisfied by real-time video broadcasts, and 2) reduce the quorum requirements for the purpose of taking testimony during a public hearing to be met to two members.
As of press time, Phelan had not made committee assignments in the House.
The Texas Senate is comprised of 31 members including:
- 13 Democrats
- 18 Republicans
- 10 Females
- 21 Males
- 4 Freshmen
Patrick presides over the Texas Senate. In a party-line vote, the Senate adopted a critical rule change that lowers the threshold for a bill to come to the floor of the Senate for a vote from 19 votes to 18 votes. The number of votes assumes all members are present and voting; otherwise, it will be lower (five-ninths of those present and voting).
The Senate also adopted rules to hold virtual public hearings on redistricting; this rule does not allow for virtual testimony in any other committees.
Sen. Brian Birdwell was sworn in as the president pro tempore (pro tem) of the Senate. The pro tem is third in the line of succession to the governor and presides as governor in the absence of the governor or lieutenant governor.
Birdwell was also appointed by Patrick as chairman of the Senate Committee on Natural Resources and Economic Development, a committee that addresses oil- and gas-related issues. The Senate adopted a new rule to decrease the membership on this committee from 9 to 11 members. The following will serve along with Birdwell:
- Judith Zaffirini, vice chair
- Carol Alvarado
- Kelly Hancock
- Juan “Chuy” Hinojosa
- Lois W. Kolkhorst
- Bryan Hughes
- Eddie Lucio Jr.
- Kel Seliger
Additional rule changes affecting Senate Committees had these effects:
- Removed the Committee on Agriculture (5 members).
- Added the Committee on Jurisprudence (5 members).
- Renamed the Committee on Intergovernmental Relations to Local Government (increased from 7 to 9 members).
- Increased number of members of the Committee on Nominations from 7 to 9 members.
- Removed the Committee on Property Tax (5 members).
- Renamed the Committee on Water and Rural Affairs to the Committee on Water, Agriculture, and Rural Affairs (increased from 7 to 9 members).
The State Budget
The State of Texas is projected to have $112.5 billion in revenue available for general-purpose spending during the 2022-23 biennium, according to Texas Comptroller Glenn Hegar, who released the Biennial Revenue Estimate in mid-January.
The revenue estimate represents a 0.4 percent decrease from funds available for the 2020-21 biennium. This decline is a direct result of the COVID-19 pandemic, which caused revenue collections to fall well short of what was expected when the Legislature approved the 2020-21 budget; the ending 2020-21 balance will be close to a negative $1 billion.
“As is always the case, this estimate is based on the most recent and precise information we have available,” Hegar said. “It represents our efforts to provide lawmakers with the most accurate forecast possible as they craft the budget for the 2022-23 biennium and the supplemental spending bill to address the remainder of the current biennium.”
The House and the Senate both filed their budget bills on Jan. 21. These baseline budget bills are the starting point for budget deliberations by budget-writing committees. Both chambers have proposed budgets that spend $119.7 billion in general revenue for the next two fiscal years, some $7 billion over the amount of general revenue Hegar said lawmakers have to spend during the session.
Legislation Filed
As of press time, several bills had been filed that could impact the oil and gas industry:
- Senate Bill 367 relates to the requirements for an application for a permit to drill an oil or gas well at a site adjacent to a well blowout site.
- House Bill 896 relates to air quality permits issued by the Texas Commission on Environmental Quality for certain oil and gas facilities.
- House Bill 897 relates to the analysis of inspection and maintenance requirements for air quality permits issued by the Texas Commission on Environmental Quality for certain oil and gas facilities.
- House Bill 37 relates to the issuance of a permit by the Public Utility Commission of Texas for the routing of certain oil or gas pipelines, including the authorization of administrative penalties.
- House Bill 1077 relates to certain adjustments to the taxable value of property of certain school districts and the reduction of Foundation School Program funds received by certain school districts.
“This legislation is about shielding Permian Basin schools from the harmful Robin Hood recapture system,” said Rep. Brooks Landgraf, author of the bill. “Whether it is this bill or another legislative proposal, I will not stop fighting until our school districts get a fair shake from the state. Those who live and work in the Permian Basin have subsidized public education for communities all over Texas for decades. I’m working to ensure schools in the Permian Basin can keep more of our property taxes here in the Permian, funding our schools.”
Sidebar:
Planning to Visit the Capitol?
Texas Lawmakers Establish Pandemic Protocols
Both the Texas House and Senate adopted rules for their respective chambers addressing public health and COVID-19 include requirements and guidelines for members of the public.
- Capitol visitors are required to wear masks in public spaces of the building. Free COVID-19 testing is available in front of the north entrance. Testing is optional for entry, but some lawmakers may require a negative test to enter their office, and the Senate requires a negative test to enter the chamber.
- Anyone who enters the Senate chamber or a Senate committee room must have tested negative for COVID-19 that day unless they can show proof of vaccination. Once a negative test is confirmed, a wristband is issued allowing visitors entrance to the Senate chamber or committee hearings, or to drop by the Capitol office.
- Public seating in the Senate gallery will be limited to ensure social distancing. Members can decide whether to require a coronavirus test before someone enters their office.
- Members of the public attending House committee hearings are required to wear face coverings. They may only take the face coverings off if they are speaking at the microphones provided for witnesses. Members of the public are also required to wear face masks if attending House proceedings from the gallery.