Here’s a quick recap of what happened over the last week:
Phelan Withdraws from Texas House Speaker Race
Texas House Republicans will meet tomorrow in Austin to discuss and possibly endorse their party’s candidate for Speaker of the Texas House. Incumbent Speaker Dade Phelan has formally withdrawn from the race, declaring there was no path for him to garner support from the Republican caucus to select him as Speaker. Phelan had said for months that he had the 76 votes necessary in the 150-member House to retain the gavel for next session, but he never showed a list of supporters. Furthermore, his support was presumed to be heavily dependent on a vast majority of the Democratic caucus.
Phelan was long the target of the more conservative wing of the Republican Party, including Lt. Governor Dan Patrick who placed the blame solely on Phelan when the House failed to pass conservative priorities including private school voucher legislation. Numerous more moderate Republican incumbents who were part of Phelan’s leadership team were challenged from the right during the primary season, and several others simply chose not to seek reelection due to the pending political environment.
Including the defeat of 15 incumbent House Republicans in the March primaries, there will be 24 new Republican House members in January. That group, along with the more hardline conservatives in the House, are in favor of the caucus electing a new Speaker through a binding vote of the caucus. Meaning, all Republican members shall commit to vote for the selection of the caucus on the House floor, thus bypassing the need for any Democratic support.
Rep. David Cook of Mansfield has emerged as the leading candidate, and he claims to have at least 48 members on his side, and he has publicly released his list of supporters. But caucus rules dictate that a nominee for Speaker from the caucus must receive three-fifths support of the caucus – 53 of the 88 members. With Cook a few votes shy, that sets up what will be an interesting closed-door meeting tomorrow where the caucus will have to decide whether or not they line up behind one candidate or let the fight go to the floor if no candidate receives the 53 votes necessary. And, if Cook or another member does receive the 53 votes, it does not absolutely ensure that another member of the caucus won’t take this all the way to the House floor in January to show that he/she indeed does have a coalition of Democrats and a small number of House Republicans to get to the 76 vote threshold to be reelected Speaker.
Senate Plans to Ban All THC Products
Lt. Governor Dan Patrick said this week that banning all THC products would be a top priority in the legislature when the regular session begins in January. Recreational marijuana is illegal in Texas, but the state opened the door to THC when they legalized hemp products in the 2019 session. Patrick says the 2019 law has been expanded and exploited well beyond its original intent that has led to a proliferation of products with high levels of THC.
The 2019 law – intended to boost agriculture interests — allowed Texas farmers to grow hemp, which is a form of the cannabis plant. However, the consumable products derived from the growing of hemp could contain no more than 0.3% THC. Enforcement of this requirement is difficult and has allowed retailers to market products with higher THC levels. Products that are currently available to consumers that purportedly contain the higher-level THC levels include smokeable vapes, gummies and candies, creams, baked goods, and canned drinks that are being sold with no age limit requirements.
Patrick has expressed dismay and frustration with the exploding market that has been created, and says the only solution is a complete ban of all consumable products. The proposed legislation attempts to close the loophole created in the 2019 law that is allowing retailers to sell products with three to four times the legally allowed amount of THC. Patrick has assigned the legislation a low bill number – Senate Bill 3 – to emphasize the importance of the legislation.
Border News
There were several developments relative to the border and immigration over the last couple of weeks, starting with a visit by President-Elect Trump’s new border czar, Tom Homan. During the visit to Eagle Pass on the Tuesday before Thanksgiving, Homan declared emphatically that there will be mass deportations, and the incoming administration is already planning the steps necessary to carry out the plan. Homan also served Thanksgiving meals to Border Patrol, National Guard, and Department of Public Safety officers stationed along the southern border, and told the troops “There is going to be a change in the way the US protects our border and sovereignty.”
Also, during Homan’s visit, the state of Texas announced they are trying to identify more land that can be ready to assist the Trump administration in their deportation efforts. The state has already ceded 1,400 acres of land in Starr County to be used presumably for a detention and processing center for migrants identified as part of the deportation effort. State officials said they will continue to identify areas that are owned by the state that can assist the federal government and are ready to enter into an agreement to allow construction of any facility and infrastructure necessary.
Also last week, a federal appeals court ruled that the federal government cannot destroy any razor wire or fencing that has been erected by the state of Texas along the border. The state has installed nearly 30 miles of razor wire near Eagle Pass as a deterrent to migrants attempting to enter the country. In September, Border Patrol agents began cutting the wire, saying it was a hazard to the agents and to the potential migrants. On Wednesday of last week, the 5th Circuit Court of Appeals issued a temporary injunction against the federal government. The injunction applies as the court battle continues, with this case likely to make its way to the US Supreme Court.
No Testimony for Paxton Aides
In another court victory for embattled Attorney General Ken Paxton, he and his aides will not be compelled to testify in a wrongful termination suit brought by four whistleblowers from the AG’s office. In 2021, the four employees filed suit claiming they were wrongfully terminated after they reported allegations to federal authorities that Paxton was misusing the office to provide favors to a political donor. Paxton and his office have fought against providing any information to the plaintiffs or to give any testimony or depositions regarding the case, saying that the depositions would impede Paxton’s ability to manage the current agency employees and active caseload. Paxton has agreed to not contest any of the allegations brought forth by the plaintiffs and claims that any attempt by the plaintiffs to obtain more information would burden any efforts to reach a fair settlement in the case.
In 2023, a $3.3 million settlement was reached in the case, but that fell apart when Paxton asked the Legislature to fund the settlement. That eventually led to Paxton’s impeachment by the Texas House and his ultimate acquittal by the Texas Senate. The 3rd Court of Appeals had ruled that Paxton, and his aides must testify after the impeachment process. But – with the final word – the Texas Supreme Court has sided with Paxton and ruled the depositions are unnecessary since Paxton is no longer contesting the facts brought forth by the plaintiffs.
Grid Prepared for Winter
The Electric Reliability Council of Texas (EROT) met this week and declared the state’s power grid is better equipped to withstand extreme winter weather. The board credits new power generation sources as the main reason that the likelihood of rolling blackouts will not be necessary to avoid total collapse of the grid during extreme cold. ERCOT meteorologists have predicted a winter with overall warmer temperatures, but also see the possibility of extreme events that will see temperatures under the freezing mark for days at a time.
Last winter, the grid saw a record demand of 78,349 megawatts during a January cold snap which the grid was able to withstand. This year, ERCOT officials say that over 10,000 additional megawatts have been added to the grid including over 5,000 megawatts of stored solar power. ERCOT estimates that 1 megawatt can power roughly 250 homes.
Political Notes
House Democrats caucused on Wednesday night ahead of the all-important Republican caucus on Saturday to choose a chairman for the upcoming session and to try and navigate to a position of relevance. They are outnumbered by an 88-62 margin in the 150-member House. In somewhat of a surprise, Democrats selected Rep. Gene Wu of Houston to lead their caucus for the next two years. Wu ousted current chairman Rep. Trey Martinez Fischer of San Antonio after having only announced his candidacy last week. Wu, an attorney, was first elected in 2012 and represents a district in central/west Houston.
Two prominent Texans have finally been nominated for Trump cabinet positions. Glen Rose native Brooke Rollins has been named to lead the Department of Agriculture. She is President of the America First Policy Institute and former CEO of the Texas Public Policy Foundation. Rollins first started working for Trump in 2016 as an Economic Advisor during his initial Presidential campaign.
Former Texas House member Scott Turner has been tapped to lead the Department of Housing and Urban Development. Turner is a motivational speaker and is an associate pastor of Prestonwood Baptist Church in Plano. He worked for Trump during his first term as the head of the Opportunity and Revitalization Council, established to assist and transform economically distressed areas with federal programs and incentives. Turner was elected to the Texas House in 2012 and made an unsuccessful run for Texas House Speaker in 2015. He did not seek a third term.
Other Texans that have been selected for positions in the new administration are John Radcliff – CIA Director – and Tulsi Gabbard – Director of National Intelligence. Gabbard is a former Congresswoman from Hawaii who now lives in Leander.
What’s Next??
There are no hearings scheduled next week, as members are now starting to concentrate on the upcoming session. They will also continue to raise funds before the December 14th deadline to accept campaign contributions.
I will update everyone tomorrow on any relevant news that comes out of the Republican Caucus meeting.
There are 45 days until the start of the regular legislative session.