Here’s a quick recap of what happened over the last week:
Democrats Return to Austin
The Texas House Democrats returned to Austin on Monday after a 15-day walkout that killed the first special session and delayed consideration of the proposed changes to the state’s Congressional districts. The House finally achieved a quorum of 118 members (100 needed in the 150 member House) to begin their work for the second special session.
Democratic House members that fled the state were not allowed to leave the House chamber until they signed a permission slip and agreed to be released into the custody of an officer from the Department of Public Safety. The DPS officers served as a constant escort to ensure their presence when the House was scheduled to take up the congressional redistricting bill on Wednesday.
One member, Democrat Nicole Collier of Fort Worth, refused to sign the permission slip and decided to stay on the House floor until the debate on the redistricting bill commenced. Collier slept at her desk on the House floor for two nights, saying she would not be monitored and “won’t go along quietly with their intimidation and discrimination.” On Tuesday night, she was joined by several fellow House Democratic colleagues that also slept on the House floor overnight.
House Passes Congressional Redistricting
After about 8 hours of partisan and emotional debate, the House passed the newly proposed Congressional maps by a vote of 88-52. The pursuit of a mid-decade redistricting plan is unusual, but not unprecedented. A similar effort occurred in 2003 that was pushed by then Congressman Tom DeLay who wanted the state to have a Republican majority among the state’s Congressional delegation. This effort comes four years after the redraw of the state’s Congressional districts following the 2020 census numbers. The current effort was done at the behest of President Trump, who has applauded Gov. Abbott and the legislature for attempting to increase the number of Republican seats in the Texas delegation. Currently, Republicans hold a 25-12 partisan advantage in the 38-member delegation with one vacant seat.
During the debate, Republican members acknowledged that the new districts were being drawn for no other reason than to maximize the Republican’s advantage in Congress. The US Supreme Court ruled in 2019 that states may redistrict for partisan purposes. Republicans went on to defend their effort as necessary to respond to Democratic redistricting efforts in other states.
To create new Republican opportunity districts – the goal is to pick up at least 5 new Republican seats – the new map redraws Democratic districts in areas in and around DFW, Austin, Houston, and San Antonio. In doing so, the new districts will force current Democratic incumbents to either run against each other in the Democratic primary or choose another district in which to run.
During the debate, Democrats offered a series of amendments in an effort to establish a record on which to sue the state on constitutional grounds. While it is permissible to redistrict for partisan purposes, it remains a violation of the Voting Rights Act to diminish the voting power of minority communities. The claim that several of the districts that were eliminated or significantly redrawn during the process were those in minority communities will be the basis of the lawsuit being brought forth by the Democrats.
The Senate is set to debate the plan today, which they will approve. After Senate passage, the new maps will head to Gov. Abbott for his signature which he will assuredly sign into law.
Flood and Disaster Preparedness and Recovery Legislation Passes
Addressing disaster preparedness and response is also on the call of this special session. Six weeks after the devastating July 4th floods in the Hill Country, parents of the children lost at Camp Mystic went before a Texas Senate committee to testify this week and urged lawmakers to institute safety measures to ensure other families do not have to endure their suffering and grief.
A Campaign for Camp Safety Coalition has been formed to promote legislation that will ensure a better response from state and local leaders and mandate better preparedness measures for future weather events and other events that could potentially impact a child at summer camp.
The House and Senate have companion bills that will require camp grounds to implement safety measures that include the development of an emergency plan that is provided to local first responders; implementing basic fire safety standards; developing a procedure to notify local first responders, camp counselors, and parents in a timely manner of any emergency; and designating an emergency situation coordinator for each camp. The legislation also calls for the installation of weather alert radios in each building in the camps and the installation of a public alert system for each camp. Other legislation that will be considered this session includes the installation of sirens and warning systems that will alert all residents in affected areas; better communication standards including radio communication that is accessible to all state and local agencies and jurisdictions; infrastructure funding to address high risk areas in the floodplain; and funding to assist communities with rebuilding efforts.
The House and Senate have as of today passed several pieces of legislation related to all the subject matters listed above. They should make it to Gov. Abbott’s desk over the weekend or Monday at the latest when he will assuredly sign all bills into law.
Abbott Adds Items to Special Session
Now that the House and Senate are passing bills, Abbott has decided to add more items to the list of those eligible for consideration during this second special session. Abbott has asked lawmakers to consider legislation regarding “penalties and punishments for members who willfully absent themselves during a session.” This is response to the House Democrats that fled the state to deny the House a quorum during the first special session that started in July. In announcing the additional item, Abbott said there should be a way to ensure lawmakers are not able to “hijack” the business of any session by fleeing the state.
Abbott also asked lawmakers to pass legislation to create a study of the groundwater in east Texas aquifers. This is in response to a controversy brewing in east Texas and a pushback from regional lawmakers to plans by a Dallas investor to pump billions of gallons of water from an aquifer in Anderson County (Palestine) and sell it to jurisdictions in north Texas that are in need of a dependable water supply.
And in a surprise move, Abbott has also asked lawmakers to pass legislation to make the drug ivermectin available over the counter at Texas pharmacies. The drug is used to treat parasitic worms and is used as a remedy for COVID.
Senate off to Fast Start
The Texas Senate wasted no time getting started on the agenda for the second special session. On Monday when the second session convened, the Texas Senate filed several bills on the call of the special session, sent them to committee for hearing, and then convened that evening to pass the bills.
The list of bills that were passed by the Senate on the first day of the second special session include a prohibition of transgender individuals using certain restrooms; a ban of all intoxicating hemp products; curbing cities and counties abilities to raise property taxes; granting the state Attorney General more power over prosecution of election laws; and prohibiting cities and counties from hiring lobbyists.
The House will consider most but not all of the legislation that has been passed by the Senate. The House will have committee hearings later today on legislation relative to property tax reform, the use of bathrooms by transgender individuals, and the AG prosecution of election laws. The House will also consider other legislation in the call relative to prohibiting the use or sale of abortion-inducing medication, a study of the groundwater aquifer system in east Texas, and the authorization of ivermectin for over-the-counter sales. Both chambers are also considering legislation that failed in the final days of the regular session that would eliminate the STAAR test in public schools and replace it with three progress related tests throughout the school year.
Lt. Governor Patrick Announces for Reelection
Lt. Governor Dan Patrick this week formally announced that he is seeking reelection to a fourth term as Lt. Governor of Texas. In his announcement, Patrick addressed speculation that he would not run for reelection by saying he is “all in, I’ve always been all in.” Several Republican members of the Senate gathered with Patrick who touted the conservative legislation that has been passed by the Senate in recent sessions, highlighting the massive property tax relief for Texas homeowners.
Patrick also announced a major media buy that covers all 20 media markets throughout the state. The buy will highlight his campaign kickoff and run on broadcast and cable TV, as well as streaming services.
In May, Democratic state Rep. Vicki Goodwin of Austin announced she would challenge Patrick in 2026. This is huge uphill battle for Goodwin, who has no name recognition outside of her Austin district, and few if any legislative accomplishments during her four terms in office. Furthermore, she has roughly $200,000 in her campaign account, compared to a $45 million war chest for Patrick.
Ten Commandments Law Put on Hold
During the last regular session, the legislature passed Senate Bill 10, which required the Ten Commandments to be displayed in all public school classrooms in the state. Lawsuits were immediately filed claiming the law violated the separation of church and state doctrine in the US Constitution. Furthermore, the conservative 5th Circuit Court of Appeals ruled a similar law passed in Louisiana to be unconstitutional.
The first hearing on the lawsuits filed by a San Antonio Rabbi was heard in San Antonio last week before US District Judge Fred Biery with other plaintiffs including parents of children in 16 area school districts from diverse religious backgrounds, including Christianity. In addition to the separation of church and state argument, plaintiffs argued that government should play no role in the practice of religion and to interject the role of government undermines the importance of the church in the lives of their followers.
The state argues that the Ten Commandments are simply part of our history and heritage and should be a part of the daily lives of the state’s public school students.
Judge Biery committed to make an initial ruling before the law is set to take effect on September 1st. On Wednesday, Biery blocked the law from taking effect in the 16 school districts named in the lawsuit. Other lawsuits are pending and the cases from Texas will eventually be taken up by the 5th Circuit Court of Appeals. Ultimately, the issue will be decided by the US Supreme Court.
Political Notes
Incumbent Republican Congressman Chip Roy of Dripping Springs announced yesterday he would join the crowded field for the Republican nomination for Texas Attorney General. Incumbent AG Ken Paxton is challenging incumbent US Senator John Cornyn in next year’s Republican primary. Roy was first elected to Congress in 2018 and has been an outspoken member of Congress as policy chair of the far-right Freedom Caucus, often at odds with members of his own party in spending and budget debates. He served as deputy AG under Ken Paxton for two years before his election to Congress. Roy joins a Republican primary field of two current state Senators – Mayes Middleton of Galveston and Joan Huffman of Houston. Former Trump DOJ lawyer Aaron Reitz is also in the field.
Beto O’Rourke announced this week that his political PAC – Powered by People – contributed over $1 million to the House Democrats’ efforts to flee the state to deny a quorum of the House during the first special session. AG Ken Paxton last week secured an injunction from a state district judge in Fort Worth blocking the PAC from raising money to help the Democrats. Paxton had also sought to jail O’Rourke saying he has violated the injunction. O’Rourke has counter sued claiming Paxton was violating his right to free speech. And this week, an El Paso district judge sided with O’Rourke, and issued a restraining order against Paxton’s effort to halt O’Rourke’s involvement with the House Democrats. The competing orders now become moot since the Democrats have returned to the state.
And speaking of O’Rourke, a recently released poll by Texas Southern University shows him with a substantial lead over Colin Allred in the race for the Democratic nomination for US Senator. Allred has already announced his candidacy and is trying for the second time in as many cycles to unseat a Republican incumbent. Despite spending over $100 million in 2024, Allread was soundly defeated by nearly 9 points by Ted Cruz in 2024. O’Rourke – who is not even formally in the race – leads Allred by a 58% to 38% margin among likely Democratic voters according to the poll. The winner would face the winner of the Republican primary race between Texas AG Ken Paxton and incumbent John Cornyn.
In somewhat of a surprise, Austin Democratic Congressman Lloyd Doggett announced yesterday that if the new Congressional maps pass – which is a virtual certainty – he will not seek reelection in 2026. The new maps reduce the number of districts in the Austin area and create one Democratic leaning district that would require Doggett and the other Democrat from Austin – Greg Casar – to have to run against each other. Doggett had encouraged Casar to run in the newly created District 35, which is based near San Antonio. The new district is a majority Hispanic district but is drawn to elect a Republican. Casar has said he will seek reelection in the Austin district, no matter what Doggett decided. Doggett said while he thinks Casar’s decision is “unfortunate”, he wishes him the best and will not challenge Casar. First elected to Congress in 1994, Doggett, 78, is Dean of the Texas Congressional delegation. He has a 50-year career in politics, having served in the Texas Senate and on the Texas Supreme Court. He was the Democratic nominee for the US Senate in 1984, losing to Republican Phil Gramm.
Several House members announced this week they would either seek another office or not seek reelection in 2026.
Republican state Rep. Stan Lambert of Abilene announced this week he will not seek reelection in 2026. Lambert was first elected in 2018 and currently serves as the Chair of the Pensions, Investments, and Financial Services committee. Lambert is a retired banking executive and has also served as athletic director at Abilene Christian University. In 2024, he defeated Liz Case in a hotly contested Republican primary, which was his only serious challenge during his tenure in the House. The district he serves is comprised of three counties in west Texas and is solidly Republican.
Another member not returning to the Texas House in 2027 is Republican Rep. Briscoe Cain of Deer Park. Yesterday, he filed paperwork with the Federal Elections Commission to seek the Republican nomination for what will be the newly created Congressional District 9. This is one of the new Republican opportunity districts. CD 9 was previously based in Houston, but under the new map starts near downtown Houston and runs east through the Baytown, Deer Park areas and into Liberty County.
Democratic Rep. Ray Lopez of San Antonio also announced this week he will not seek reelection to the House in 2026. Lopez was first elected in a special election in 2019 to represent the deeply blue district based in Leon Valley and other parts of westside San Antonio. Lopez also served on the Northside ISD board of trustees and the San Antonio City Council. At 75 years old, Lopez said it’s simply time to “transition to the next stage of my life”. Lopez’s chief of staff, Donovon Rodriguez has already appointed a campaign treasurer and plans to run for the seat. Adrian Reyna, a history teacher in San Antonio ISD and executive director the San Antonio ISD teacher’s union is also exploring a run.
And former House Speaker Dade Phelan of Beaumont announced yesterday he would not seek reelection to the House in 2026. Phelan served two terms as Speaker from 2021 to 2024 and was ousted this session in favor of current Speaker Dustin Burrows. Phelan served the southeast Texas district for 10 years. Look for Ray Callas, an anesthesiologist from Beaumont to make a run in this solidly red district.
With these announcements, that is at least seven House members so far that we know won’t be back in 2027. In addition to the members above, Republican Rep. Gio Capriglione of Southlake will not seek reelection due to personal issues; Rep. Tony Tinderholt of Arlington will seek the Republican nomination for a seat on the Tarrant County Commissioners Court; and Rep. Trent Ashby of Lufkin is seeking the Republican nomination for state Senate District 3 where incumbent Senator Robert Nichols of Jacksonville has announced he will not seek reelection.
And finally, Democratic incumbent Philip Cortez has drawn a primary opponent for the 2026 election. Robert Mihara will challenge the five-term incumbent to represent District 117 on the city’s southwest side. Mihara has never held public office, is a retired Army officer and attorney.
What’s Next??
The House has adjourned until Monday, when they will consider the final few bills left in the call that they intend to consider.
The Senate will meet later this morning to consider the Congressional redistricting legislation.
With just a few bills left for consideration, it is possible both chambers could conclude their business for the session and adjourn by Wednesday of next week.