Advocacy Blog: Outlook for 84th Legislative Session

Dennis Borel, Chase Bearden
CTD Advocacy Team

December 12, 2014

When the 84th Texas Legislative session begins on January 13th, we'll be headed into some new territory. The Lege has undergone unprecedented changes in leadership, members, and finances, and experts predict big challenges ahead. CTD's Advocacy team weighs in on the major points.

Executive Branch

Every office in the executive branch-- Governor, Lt. Governor, Attorney General, and Comptroller-- will be filled by a newcomer to the position. The most important (and the largest sources of uncertainty) will be Governor Gregg Abbott and Lt. Governor Dan Patrick.

The jury's still out on the leadership styles and real priorities of these officials. While Abbott served for over a decade as Attorney General, the state's lawyer, his ability to be a political leader remains largely untested. As disability advocates, we can gain some insight into his views and platform from his answers to the Texas Disability Issues Forum Candidate survey.

Patrick is a puzzle in his own right; even in his own party, there appears to be a lack of consensus or understanding of how he will govern. It should be noted, though, that both parties have lauded his choices in hiring experienced and respected staff.

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In addition to these unknowns, this big change in leadership presents another complication. The transition process of establishing the new officials and their staffs at the Capitol can take up 60 days, which could mean a slow start to the session. On the upside, new faces mean new opportunities for building bridges and educating key decision makers on important disability topics.

The House & Senate

The Senate, typically a bastion of rules and stability, will undergo its own wave of major changes both in leadership and membership. Many long-term members of the Senate have been replaced or retired, and one third will be either freshmen or sophomore members. A handful of incoming senators have experience as members of the House of Representatives, but even they are newcomers to a very different venue. In fact, the Senate is reportedly considering a reduction in the number of committees to better serve the inexperience of its newer members. This move may limit the number and scope of introduced bills.

In the House of Representatives, House Speaker Joe Straus is well poised to remain at the helm. Despite a challenge by a vocal minority, Speaker Straus commands considerable respect and is seen as a stable and experienced leader at the legislature by both parties.

Even with a significant change of individual members, the overall Republican dominance in both houses appears to be consistent with last session.

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Adding another twist, a handful of elections for both House and Senate seats are ongoing as politicians jostle for various political offices. For example, an election was held in early December for Comptroller-elect Glen Hagar’s vacated District 18 Senate seat. Representative Lois Kolkhorst won the election, thereby vacating her House of Representative seat in District 13. Now, a special election must be held quickly to fill that position.

Once again, newcomers to both houses present opportunities to educate new members and build alliances.

Read more about the changes in the House and Senate:

The First 30 Days

The first 30 days of the session will set the tone and direction for the rest of the session with:

The formal election of the Speaker of the House of Representatives
While many experts agree that Straus will likely continue his tenure as House Speaker, a challenge by very conservative Tea Party members may lead to an interesting "record vote." Such a vote would reveal if there is sufficient Tea party strength to challenge more mainstream Republican goals.

The assignment of Committees and Committee chairs
Important committee assignments generally rely on seniority and tradition. However, with the large influx of new members and the Senate assignments being made by the newly elected Lt. Governor, it is unclear whether long-standing committee chairs will continue to serve as leadership or if different legislators will be charged with leadership roles. The chairs have huge power in determining what bills are considered in committee.

The setting of rules, including the 2/3rds Rule of the Senate
The Senate, traditionally governed by rules of respect and seniority, must adopt rules governing conduct and process. The first is the 2/3rds Rule, which requires that a specific proposed bill receive at least 21 (out of 31) votes before it can be debated on the Senate floor. Lt. Governor-elect Patrick has suggested abolishing this rule. If this measure is adopted by the full Senate, remaining Senate Democrats would lose a key vehicle to influencing legislation.

Read more about the first 30 days:

Pre-legislative actions

Several pre-legislative activities have already occurred and can give some insight into possible hot-button issues and trends. As of December 7th, 639 bills have been pre-filed. Many have been filed in previous sessions, and most will never become law. But these filings serve as notice to other lawmakers and the public as to what issues each legislator thinks is important.

The Legislative Budget Board set the Spending Cap based on an 11.68% predicted increase in state income in early December.

Read more about budget issues:

Issues

Various media outlets and quotes from legislators strongly suggest that the following issues will be of significant focus for this session (and after): the State Budget, transportation, water, border security (or immigration reform), and education.

With an influx of cash from oil revenues, some legislators are interested in paying the state’s debt, refunding programs that were cuts in past sessions, and addressing pressing issues. There also appears to be a concentrated effort to remove all diversionary funding from a variety of sources to increase funding transparency. This would help to address the budget's "false surplus," referred to by fiscal conservatives and many leading Democrats. Some legislators feel that more transparent and dedicated funds to specific programs would better state true surpluses, true shortfalls, and Texas' debt. These efforts contrast directly with others who are in favor of cutting taxes and maintaining a large balance in the Rainy Day Fund.

Another issue of particular interest to most Texans is healthcare. Already, Texas legislators are discussing a "Texas Solution" for Medicaid Expansion. Last session, a bipartisan bill was proposed that would have allowed Texas to use and increase federal dollars and provide expanded health care coverage (or another alternative). While it was defeated then, current discussions include a similar solution.

Visit our newly updated Issues page to learn more about CTD's plans and priorities this session.

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With unpredictability and a wave of new players, the 84th session will be jam-packed with exciting and unexpected twists and turns. CTD will be there, breaking down barriers and fighting to ensure that choice and independence for people with disabilities are important topics for a truly successful and inclusive Texas.

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About CTD's Advocacy Team

Two men in professional dress and sunglasses sit in a bright outdoor environment with tablets and stacks of folders in their laps. As CTD's Executive Director Dennis Borel and Director of Advocacy Chase Bearden are frequently called upon for research, policy analysis, and recommendations to the Texas Legislature and state agencies on issues surrounding disabilities.

Read Dennis' full bio.

Read Chase's full bio.

 

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