Here’s a quick recap of what happened over the last week:
Failures from Second Special Session Could Lead to 3rd Special Session
Rumors swirled around the Capitol this week that lawmakers could be called back for a 3rd special session in October. The second special session did have some accomplishments – Congressional redistricting, bathroom restrictions for trans individuals, abortion pill restrictions, STAAR test overhaul, and flood response legislation that included funding for recovery and for local governments to install warning sirens.
However, there were other issues that failed to pass that could lead Gov. Abbott to call a 3rd special session. First, lawmakers failed to pass any legislation relating to property tax relief. Proposals to limit how much cities and counties can raise from one year to the next failed to pass when the House and Senate could not agree on where to set the cap. Currently, the entities can raise property tax rates by 3.5% each year without voter approval. The two chambers could not come to an agreement on a new threshold figure to trigger voter approval and all proposals related to property tax caps failed.
While lawmakers did pass legislation to provide funding for recovery and warning systems, they failed to pass legislation that would have established new guidelines for training and response to natural disasters for local officials. They also attempted to address the need for improved communications systems used by first responders in different jurisdictions that use incompatible devices. Both of these issues failed to pass during the second special session.
Another issue in the call that failed to pass included efforts to restrict access to certain police records regarding instances of misconduct and background checks when lawmakers could not agree on the extent to which crime victims should be granted access. Also, legislation to halt a proposed water project in east Texas that proposes to pump millions of gallons of water from east Texas aquifers to make it available for sale to other areas of the state failed when the House and Senate could not agree on whether to place a moratorium on new pumping permits.
These issues and the continuing discussion of drawing new districts for state House members – a proposal by Republican Party activists that would like to have a super majority of Republicans in the Texas House – could lead to a 3rd special session to begin later this fall. Gov. Abbott has not indicated when or if he will call a 3rd session.
Executive Order Issued on Hemp Regulation
One issue that also may have been included in the call of an additional special session is the regulation of hemp-based THC products. In the regular session, the legislature passed a full ban on all hemp related products that contain more than .3% THC in response to the booming market for hemp products including vapes, smokes, drinks, and gummies. Abbott vetoed that bill, saying the state would be better served by allowing the products to be sold but regulated. The Senate also passed a full ban again in the 2nd special session, but the measure was not considered in the House when Abbott once again declared he would veto a full ban of the products.
Abbott has now issued an Executive Order that directs the Department of State Health Services and the Texas Alcoholic Beverage Commission to establish rules for the sale of THC products. The new rules must include the prohibition of sales to anyone under the age of 21 and should require retail establishments to have procedures in place to validate the age restriction.
This sets up another clash between Lt. Governor Dan Patrick and Gov. Abbott on the issue. Patrick has been unwavering on his commitment to establish a complete ban of all hemp-based products in the state, saying the products are dangerous and should never be allowed to be sold. After Abbott’s veto in June, Patrick accused Abbott of wanting to legalize the sale of marijuana in the state.
Here are the highlights of the Executive Order:
Key Provisions of Executive Order:
- No THC product sales to anyone under 21; ID checks required.
- Stricter testing, labeling, and recordkeeping mandates for retailers.
- Expands restricted compounds beyond Delta-9-THC to THC-A.
- New regulations are to be drafted by health and alcohol agencies in coordination with law enforcement.
- Stores are banned from selling these products within 1,000 feet of schools or churches.
Political Context and Reactions
- The order comes after two special legislative sessions ended with no consensus. The Senate pushed for a total ban (supported by Lt. Gov. Dan Patrick), while Abbott vetoed that approach in June, citing legal risks and the need for adult freedoms.
- Industry Response: Warn that overly strict rules could push consumers to the illicit market.
- Polling: Broad bans are unpopular with the public; only a small fraction of voters, regardless of party, view THC regulation as a legislative priority.
No Immediate Total Ban: The order does not criminalize all hemp-based THC sales or adult possession, focusing instead on market controls and underage access.
Full text of the Executive Order can be found here:
US Senate Republican Primary Heating Up
With a spending spree by incumbent John Cornyn and the announcement of his divorce by challenger Ken Paxton, the race for the Republican nomination for US Senate has tightened up – at least temporarily. Polls conducted during the spring and early summer showed Paxton leading the four-term incumbent by as much as 20 points among Texas Republican primary voters. Cornyn backers – specifically the Republican National Senatorial Committee – have spent millions recently on advertising throughout the state to try and save their incumbent. Two recent polls – Echelon Insights and Texas Southern University – show Cornyn closing the gap to just 5 points behind Paxton.
However, many Republicans remain skeptical and believe the Cornyn surge is a false narrative. For one, Paxton has spent nothing on advertising and continues to maintain a solid lead over Cornyn. According to Paxton aides, once he begins to go up on the air and remind primary voters of Cornyn’s past and vulnerabilities, the lead will easily go back to double digits. Paxton will readily remind primary voters that Cornyn said during the 2024 Presidential campaign that “I think President Trump’s time has passed him by” and said Trump’s appeal was not broad enough to assemble a coalition that would “appeal to voters beyond your base.” This angered – and continues to anger – the activist Republican base among primary voters in Texas where President Trump enjoys enormous popularity.
Another strike against Cornyn with the party activists is his sponsorship in 2022 of gun safety legislation – passed in response to the tragedy in Uvalde – that allowed the courts to define and restrict firearm purchases for those convicted of committing domestic violence against spouses or partners. The bill also provided incentive to states that adopt red flag laws, which prevent individuals who are deemed dangerous from buying guns.
One wildcard in the race is the potential for Houston area Congressman Wesley Hunt to enter the primary race. Hunt has spent millions throughout all major media markets in the state over the summer to try and raise his name ID outside of his district. Pundits are split on whether a Hunt candidacy would take more votes from Cornyn or Paxton. But the National Senatorial Campaign Committee sent a memo to donors this week urging them to stop giving money to Hunt and encourage him to halt his ambitions to enter the US Senate race. That is telling that the Cornyn team fears a three-man race and wants to have the ability to focus solely on Paxton.
Talarico Formally Enters Race
State Rep. James Talarico of Austin has formally entered the race for US Senate on the Democratic side, joining former Congressman Colin Allred in seeking the Democratic nomination. Allred – the Democratic nominee in 2024 that eventually lost to incumbent Ted Cruz – entered the race earlier this summer.
Talarico was first elected to the state House in 2018, is a former schoolteacher and Presbyterian pastor. Talarico has been a leading voice on the House floor in opposition to Republican led initiatives, particularly on public education issues. He is also a voracious user of social media and has seen his national profile rise recently in light of his appearance on the Joe Rogan podcast that generally caters to a more conservative listener. In his announcement near his home in Round Rock earlier this week, Talarico vowed to “fight for people regardless of their party or their race or their gender or their religion.” He also said the system currently benefits the rich and powerful “who benefit from a broken system.”
No Democrat has won a statewide race since 1994. No polling has been done on the Democratic side, but Allred – with a statewide race under his belt – will assuredly have the early advantage. However, Talarico’s following among younger voters that engage more vigorously in social media content make Talarico a solid threat to Allred.
New York AG to Intervene in Texas Abortion Case
New York state Attorney General Letitia James announced this week that she will intervene in the legal battle over Texas’ ban on access to abortion pills. This is in response to a lawsuit brought by Texas AG Ken Paxton against a New York county clerk for refusing to enforce a judgement against a New York physician accused of mailing abortion medication to a Texas woman. James said she will file a legal brief declaring that New York laws have precedent over Texas laws regarding the authority of protecting its own citizens.
New York has a shield law designed to protect health care providers in New York who provide abortion related services to women who reside in states with abortion bans. Paxton argues the New York shield law violates the full faith and credit clause of the US Constitution which has the purpose of requiring state level courts to respect the laws and judgements of courts from other states.
With over 20 states now having adopted similar shield laws, this development will escalate and expedite the legal battles between states that have restricted access to abortion and those that are defending the practitioners who offer services to residents of other states. James has notified the judge in the case that began in Collin County that she plans to file her brief challenging the original judgement. This battle will undoubtedly end up in the US Supreme Court.
Republican Party Sues to Close Primaries
The Republican Party of Texas has sued Secretary of State Jane Nelson to restrict participation in GOP primaries to registered Republicans only. Filed in federal court in Amarillo, the lawsuit argues that the current system in Texas that allows all voters to choose their ballot violates the party’s First Amendment right to free association. The party further argues that the current system allows Democrats and independents to select the party’s nominees that dilutes the party’s platform and priorities. In other states that operate under closed primaries, voters are required to declare their party affiliation when registering to vote.
The party cites the primary challenge in 2024 to then Speaker Dade Phelan who was being challenged by a more conservative candidate, David Covey. Phelan won by 389 votes in the runoff and the lawsuit suggests that the margin of victory for Phelan was provided by “crossover” votes cast by Democrats that preferred the more moderate Phelan.
Legislation introduced to implement a closed primary system was introduced during this year’s regular session in both chambers, but none of the relative bills introduced were considered.
Political Notes
State Rep. Sam Harless, Republican from Spring in northwest Harris County is the latest member to announce he will not seek reelection. Harless was first elected to the House in 2018 and currently serves as Chair of the House Corrections Committee. The district he represents is solidly Republican. As of now, there are no Republican candidates that have come forth to announce a candidacy.
Staying in the Harris County area, two-term Republican Congressman Morgan Luttrell announced yesterday he also would not seek reelection. Luttrell, a former Navy SEAL, said he wants to stay closer to home and will continue his public service on a different path. His current district – running from the suburbs of northwest Houston out to rural counties in east Texas – was changed significantly under the newly passed Congressional maps, making it a more competitive district for Democrats. He is the twin brother of “Lone Survivor” Marcus Luttrell, recognized for his actions against the Taliban in 2005.
Samantha Lopez-Resendez, chief of staff to Austin Democratic state Rep. Donna Howard, announced that she will seek the Democratic nomination for the seat currently held by Rep. James Talarico, who is now running for the US Senate.
In the aftermath of the brutal legislative fight to redraw the state’s Congressional districts, Democratic Congresswoman Jasmine Crockett of Dallas is rumored to be considering a run for statewide office. The newly drawn maps place her residence in a district with two other Democratic incumbents – Mark Veasey of Fort Worth and Julie Johnson of Farmers Branch. Crockett is an attorney and is most prominently mentioned as a candidate for Texas Attorney General. The only announced candidate on the Democratic side so far is former Galveston Mayor Joe Jaworski, who unsuccessfully sought the Democratic nomination for AG in 2022. She is also mentioned as a possible US Senate candidate. Crockett is in her second term in Congress and also served one term in the Texas House. She has seen her name ID increase over clashes with Republican colleagues in Congress that have gone viral.
What’s Next??
It’s now a wait and see game on whether a 3rd special session will be called.
Eyes will now turn to the rulemaking process for the hemp regulations as mandated by the Governor’s Executive Order and the numerous lawsuits mentioned above.
We will also continue to watch the retirements, filings, and other movements regarding the 2026 races for legislative, congressional, and statewide offices.