Here’s a quick recap of what happened over the last week:
Congressional Redistricting Passed
The top priority of the second special session – a redraw of the state’s 38 Congressional districts – passed the Senate last Friday night, but not without some controversy. Just as in the House, the plan passed along party lines in the upper chamber. However, when Democratic Sen. Carol Alvarado of Houston announced she would filibuster the new map on Friday night, the Republicans used a rare procedural move to end the debate on the legislation and moved straight to a final vote on the bill, thus prohibiting her filibuster.
After roughly eight hours of debate during the day, the Senate broke for a several hour recess. Upon their return, Republican Senator Charles Perry of Lubbock made a motion to end all debate on the legislation, and cited a fundraising email sent out by Alvarado earlier in the day that promoted her filibuster as a reason to donate to her campaign. Perry called the email unethical and “potentially unlawful” for using state resources for fundraising purposes. Democrats condemned the motion as nothing more than an excuse to thwart her filibuster.
In reality, with nearly three weeks left in the current special session, the filibuster would have done nothing more than delay the final vote on the bill for a few hours. The final outcome of the bill has never been in doubt. After Perry’s motion to move the previous question was approved, the Senate passed the new redistricting plan by a vote of 18-11. The legislation has been sent to the Governor for his signature.
Lawsuit Filed Against New Redistricting Plan
Hours after Senate passage of the new redistricting plan, a group of 13 Texas residents filed a lawsuit alleging racial discrimination. Specifically, the lawsuit argues that the new plan intentionally dismantles majority-minority districts and gives Anglos more power and control over the election of the state’s representatives in Congress. The lawsuit was filed as a supplement to the ongoing LULAC v. Abbott lawsuit which challenges the Congressional maps created by the legislature in 2021 after the decennial census. Further, the lawsuit alleges the legislature acted to dilute the vote of Black and Latino voters in the state, thus violating the 14thand 15th Amendments of the US Consitituion and the federal Voting Rights Act.
The lawsuit asks the courts to prohibit the state from using the boundaries created by the new maps when administering the 2026 elections. This is just the first of what is expected to be many lawsuits filed to try and stop the new plan before the 2026 elections.
A federal judicial panel will hear the first arguments in the case on October 1st regarding the requested injunction against the use of the new districts for the 2026 elections.
Democrats Fined for Walkout
On Monday, the Texas House Republican Caucus met to consider punishment for the House Democrats that fled the state during the first special session to deny the House a quorum to delay the consideration of Congressional redistricting.
Current House rules call for quorum breaking members to be fined $500 a day for each day the House is called to order during a special or regular session. House members that fled were given a letter over the weekend that they are being fined for leaving the state for the amount of $9,345.25. The House members must pay this fine out of their own personal funds. House rules are clear that they cannot use any funds from their House office budget or campaign funds to pay the fines.
The Republican Caucus met to consider additional penalties and punishments. The caucus did support proposed rule changes regarding seniority and positions of leadership (vice-chair) on committees. They also voted to increase fines in the future for quorum breakers to be increased from $500 a day to $660 a day, which is the amount of per diem House members receive for every day they are in session.
However, the full caucus did not support a censure to penalize the absent members along with stripping them of their office funding. The caucus would need a 2/3rds vote for that, and the support was not there among the caucus members. Many members of the caucus did not favor assessing penalties against the Democrats in a retroactive manner. Meaning, they did not want to penalize the Democrats with a punishment that was not in place at the time of their departure in the previous session.
As far as what exactly will come of the rules changes and when they will happen is unclear. Any changes to the House rules must be done on the floor by the full House while the legislature is in session – regular or special. Stripping a Democrat of the position of vice-chair and a proposal to reduce office budgets would undoubtedly set up a very nasty floor fight. However, if the Republicans do not act swiftly to enact rules changes to punish the quorum breakers, the issue would definitely become campaign fodder among the activists who eagerly await the upcoming Republican primary battles.
In addition to the proposed new penalties, legislation has been filed to prohibit legislators who are absent from the session from accepting political contributions. The bill also proposes to prohibit quorum breaking members from dipping into their campaign accounts to pay for travel expenses – including transportation, lodging, and meals – while they are out of the state. Lt. Governor Dan Patrick has said he will take the issue a step further. Legislation was filed this week to prohibit the acceptance of contributions by any state level elected member while the legislature is in special session. This extends the existing prohibition of acceptance of contributions while the legislature is in regular session.
Legislation Passed in 2nd Special Session
In addition to the flood and recovery legislation passed last week and the Congressional redistricting bills passed this week, several other items have either passed during this second special session, or are in the final stages of the process before heading to Gov. Abbott for consideration:
STAAR overhaul – both chambers have passed legislation that will scrap the annual STAAR accountability test in public school and replace it with three shorter tests throughout the school year. Schools will now have to administer state mandated tests to be given at the beginning, middle, and end of each school year. Proponents say this will allow teachers to focus on a student’s progress and make adjustments during the year as a result of the progress tests, instead of pressuring the teachers to instruct only to get favorable results at one end of year test. STAAR will remain in place through the 2027-28 school year.
Property taxes – lawmakers have approved a measure that will limit how much cities and counties can raise their property tax rates from year to year. Currently, the jurisdictions can raise rates 3.5% from year to year without voter approval. Legislation passed this session limits the increase to 1% before they must go to the voters for approval.
Election laws – Lawmakers have approved legislation that will let the state AG independently prosecute all election related offenses without having to seek approval from the local prosecutor. A similar bill passed in 2021 was ruled unconstitutional by the Texas Court of Criminal Appeals on the grounds that it violated the separation of powers clause in the Texas Constitution. Lawmakers claim this bill fixes the problem by saying the AG “shall” perform these duties, instead of “may” perform these duties, which was the language of the original 2021 legislation. By adding “shall” lawmakers now claim the law mandates this as a power of the AG, thus answering any constitutional concerns.
Lawmakers are also set to approve legislation that would undo a change they all approved – and Abbott signed – during the regular session. Language in SB 2217 from the regular session allowed voters to cast a ballot even if their registration information had changed from their original information, including their address. Activists claimed this in essence would allow for same day voter registration and asked Abbott to include the change back to the original law in the special session. The subject matter was added and has passed the Senate. The House will consider the proposal when they return on Tuesday.
One other election related subject under consideration is the acceptance of campaign contributions during a special session. The Senate has passed legislation to ban the practice, as mentioned above. The item is not in the call of the special and it is very unlikely that Abbott would approve such a measure if passed. The House Elections Committee approved the Senate version of this proposal last night. On Tuesday, the House is set to consider legislation on the floor that prohibits any member from accepting a contribution while out of the state for the purpose of breaking a quorum. There is no similar legislation in the Senate, so it remains to be seen if the upper chamber will consider the House’s more limited proposal, or whether the House will pause their more limited version and go with the broader Senate version.
Ivermectin – A late addition to the call of the special session was to allow the drug ivermectin to be sold over the counter at pharmacies in Texas. The drug has been touted in conservative circles as a cure for COVID, though no clinical studies have proven it to be significantly effective. In addition to the ease of purchase, the bill also exempts pharmacists from any liability for dispensing the drug. Texas will become the fifth state to make ivermectin available without a prescription.
Bathroom bill – Texas House yesterday passed legislation that directs transgender individuals to use the bathroom of their gender assigned at birth in government buildings and public schools. The legislation has already passed the Senate – who has passed similar legislation as far back as 2017. After several hours of emotional and ugly debate, the House finally passed the bill for the first time. During the debate, outbursts from the House gallery caused the Speaker to clear out all visitors watching the debate due to continued disruptions from opponents of the bill. The legislation now goes to the Governor, who will assuredly sign it into law.
Abortion pill – Last night immediately after the bathroom bill was passed, another emotional and fiery debate immediately followed on legislation to restrict access to medication intended to terminate a pregnancy. House Bill 7 restricts access to abortion inducing medication by allowing any citizen to sue a health care provider or manufacturer who mail or prescribe abortion medication. The Senate has passed similar legislation out of committee and can substitute this bill for their version on the floor next week. The Senate is expected to quickly approve this legislation.
What Has Not Passed
There are several items that were included in the call of the second special session that are stalled and not likely to pass:
THC Ban — During the regular session, lawmakers passed a ban on all hemp-derived THC products citing the explosion of the market selling drinks, vapes, smokes, and gummies that contain more than the .3% THC allowed by law. The legislation was championed by Lt. Governor Dan Patrick, citing the ills and dangers of allowing the intoxicating products to be legalized and sold. Gov. Abbott vetoed that bill, and asked lawmakers instead to set up a regulatory structure to allow the products to be sold. Patrick has not budged on his position, and the Senate passed another bill banning all products during this special session. Recognizing the stalemate between the Governor and Lt. Governor, the House has given no consideration to any hemp related proposals this special session. While the standoff continues, the status quo continues, allowing retailers to sell all hemp related products in a completely unregulated market.
Ban on taxpayer funded lobbying – During the past several regular and special sessions, the Senate has passed legislation creating a ban on cities, counties, school districts, utility districts and other local taxing entities from using taxpayer dollars to hire lobbyists to pursue their interests in Austin. Local jurisdictions fight the ban, saying they need lobbyists to help them monitor and influence the thousands of proposals introduced each session. Proponents of the ban say the local entities – cities in particular – are using lobbyists to circumvent the will of the legislature. This special session, the call was opened to consider the ban once again, but once again the House was resistant to the proposal and has not given it any consideration.
Groundwater – a controversial proposal affecting groundwater districts in east Texas has garnered a great deal of attention. A Dallas investor has proposed to pump millions of gallons of water from groundwater districts in east Texas and sell it to local cities in the DFW area. Legislation was proposed to prohibit any permits from being issued to allow this project, and to have a study to determine the effects on the groundwater supply in east Texas. After swift passage in the House, the legislation has stalled in the Senate.
Abbott Asked to Include State House Redistricting
Earlier this week, 31 Texas House Republicans asked Gov. Abbott to expand the call of the special session to include the redraw of state House districts. The members – all from the far-right flank of the party – say in their letter that Congressional redistricting is not enough, and it is time to redraw the state House districts as well.
Republicans currently hold an 88-62 partisan advantage in the 150 member House. The idea arose this year when the House Democrats fled, denying a quorum to conduct business. In the letter to Abbott, the members cite 22 state House districts that are comprised of a majority of either Black, Hispanic, or Asian residents and are held by Democrats. The claim eliminating or redrawing these districts could allow for the election of at least 100 Republican members in the House, thus preventing future quorum breaks. The state Republican Party has also been pushing Abbott to authorize the redraw of state House districts. When asked about the proposal, Abbott deflected the question saying that he is concentrating on the progress of the current items on the call before considering adding additional items.
Political Notes
The race for endorsements in the Republican primary battle for Texas Attorney General is heating up. This week, two of the candidates received high profile endorsements. First, Congressman Chip Roy was endorsed by US Senator Ted Cruz. Roy previously served as chief of staff for Cruz and was an aide to Paxton before that. Also this week, Paxton endorsed Aaron Reitz, the former DOJ attorney with no experience holding public office. Roy and Reitz are vying for the nomination in a crowded field that also includes state Senators Joan Huffman and Mayes Middleton. Current AG Ken Paxton is challenging US Senator John Cornyn in 2026.
We mentioned last week that Republican state Rep. Briscoe Cain of Deer Park has declared his intention to run for the newly created Congressional District 9 in eastern Harris County. The fight for the Republican nomination for that seat is drawing more attention. This week, Alexandra del Moral Mealer announced her intention to seek the nomination. Mealer was the Republican nominee for Harris County Judge in 2022, challenging incumbent Democrat Lina Hidalgo. Mealer eventually lost that race by less than 20,000 votes. Mealer can tout the endorsement of furniture magnate Jim “Mattress Mack” McIngvale, who was included in her announcement video.
Former Congressman Steve Stockman of Friendswood is also said to be interested in the race. Stockman served two different stints in Congress, one term each from 1996-97 and then again from 2013-14. This may be a longshot bid for him. In 2018, he was convicted on 23 felony counts of money laundering and misuse of campaign funds. He was sentenced to 10 years in prison. But in 2020, President Trump commuted his sentence.
Waxahachie businessman Chris Rowland will challenge third term incumbent Rep. Brian Harrison in the 2026 Republican primary. Rowland works for a concrete production company and says the district needs someone that produces “results, not just rhetoric.” Harrison is known for his constant criticism of House leadership and is perennially rated as having the most conservative voting record in the House. House District 10 is based in Ellis County in north Texas and is solidly red.
Kyle Morris of North Richland Hills has announced his campaign to challenge freshman Rep. David Lowe, also of North Richland Hills in Tarrant County. Morris is motivated to run due to the experience of having his daughter abducted by human traffickers at a sporting event in 2022. She was eventually found, but he says the laws need more accountability and strength regarding human trafficking and illegal immigration. Lowe defeated incumbent Stephanie Klick in the 2024 Republican primary.
Fred Tate of Colleyville announced his intention to seek the Republican nomination for House District 98 in north Texas. He joins Keller Mayor Armin Mizani in the 2026 primary race to succeed Republican incumbent Rep. Gio Capriglione of Southlake who announced earlier this year he would not seek reelection in 2026. Tate is an accountant by trade and is a gubernatorial appointee to the Trinity River Authority. The solidly Republican district is comprised of Keller, Colleyville, and Southlake.
Republican state Rep. John Lujan of San Antonio is now the 8th House member to either announce his retirement or intention to run for another office. Lujan this week has filed paperwork to seek the Republican nomination to the newly created Congressional District 35, based on San Antonio’s south side and moving east into rural counties. Lujan was first elected to the House in a 2021 special election by defeating a Democrat in the blue leaning seat. He then held on to win in 2022 and was reelected in 2024.
And speaking of races for Congress, former Major League Baseball star Mark Teixeira announced this week he will seek the Republican nomination for Congressional District 21 in 2026, which is the seat being vacated by Republican incumbent Chip Roy, who is running for Texas Attorney General in 2026. The district is solidly Republican and runs from Hays County down to parts of San Antonio and Bexar County. In his announcement, Teixeira calls himself a “lifelong conservative…ready to defend President Trump’s America First agenda”. Teixeira played in the MLB for 14 years, including five with the Texas Rangers.
And finally, Lt. Governor Patrick and the Senate bid a fond farewell to retiring Senator Brian Birdwell of Granbury this week. At the conclusion of Wednesday night’s session, Patrick recognized Birdwell and acknowledged this week may be his last on the Senate floor. The reason is that Birdwell will not be available next week when the second session is likely to conclude. Birdwell, a Marine veteran, is a survivor of the 9/11 attacks on the Pentagon. He has served in the Senate since 2010.
What’s Next??
The House returns on Tuesday after the holiday weekend break and has a short calendar to consider the bill prohibiting the acceptance of campaign contributions if the member is out of state on a quorum break and a bill relative to the prohibition of same day voter registration.
The Senate will also convene Tuesday and wait for the House to send over their versions of pending legislation. With only a few proposals still remaining, the two chambers should be able to conclude the business of the session at some point next week.
Have a great and safe Labor Day Weekend!!