Here’s a quick recap of what happened over the last week:
Prefiling Begins
On Tuesday, current members and members that have just been elected began filing legislation for consideration for the upcoming regular session that will begin on January 14, 2025. During a regular session, members can file any type of legislation that they would like to have considered, and there is no limit on how many bills each member can file.
On the first day of filing, a total of 1,511 bills were filed by members of the House and Senate. That is a significant increase from the 920 that were filed on the opening day of the filing period in preparation for the 2023 session.
The most popular topics were bills filed relating to border security and immigration, public education, abortion rights and restrictions, firearm safety and regulations, and election laws. The first bill of the session was filed by Rep. Terri Leo Wilson, a 2nd term Republican from Galveston. House Bill 160 prohibits any noncitizen in the state from receiving in-state cost for tuition. Other bills filed include the creation of a Border Patrol Unit, a ban on cities and counties hiring lobbyists, requirement that only US citizens can vote (already current law), establishment of a private school voucher program, the addition of exceptions such as rape and incest to the current abortion ban, and an end to the state’s prohibition of sawed-off shotguns.
Lawmakers have until March 14th to file legislation for consideration. In 2023, there were 5,830 bills filed, with 1,252 of those making it through the process and onto Gov. Abbott’s desk for consideration. (77 were subjected to his veto pen).
Patrick Staying in Texas
Lt. Governor Dan Patrick moved quickly after the election to declare that he is not interested in and will not accept any position in President-Elect Donald Trump’s administration. He said it would be an honor to serve in the administration, but he feels his best opportunity to serve the people of Texas is to stay at home.
Speculation was rampant throughout the campaign that Patrick would be leaving for Washington if Trump were elected. He and Trump have a close relationship, and Patrick has served as the state chairman for the Trump campaign for the last three Presidential elections. Patrick is currently in the middle of his 3rd term as Lt. Governor and will continue to preside over the Texas Senate. He has indicated he will seek reelection in 2026.
Private School Vouchers are Patrick’s Top Priority
Shortly after the election where Republicans grew their majority by one seat in the Texas Senate, Lt. Governor Dan Patrick declared that private school vouchers will be his number one priority for the legislative session. 32 states have enacted some version of a school choice plan. Similar legislation has passed the Senate in the last two regular sessions, only to die in the Texas House. Legislation passed by the Senate establishes a state supported fund that is accessible to qualifying families to use towards private school tuition. In the House, Democrats have teamed with Republicans representing rural areas to kill the legislation.
Now however, many of the House Republicans that have opposed school voucher programs in the past were defeated by more conservative Republican candidates in the March primary, improving the chances for voucher legislation in the House. Patrick has said that funds to establish a voucher program will be part of the state budget to be introduced later this month. And, he has called on Governor Abbott to declare school voucher legislation as an emergency item. Under the state constitution, no legislation can be considered for the first 60 days of the session, unless it is declared an emergency by the Governor.
Border News
A federal judge has struck down a policy enacted by the Biden administration that would have eased the process and created a clear pathway to citizenship for migrants married to US citizens. Noncitizen spouses are eligible for legal status but are required to apply from their home countries, causing many spouses to leave the country while waiting for their status to be changed. The Biden administration attempted to enact a policy that would have allowed spouses who have been in the country for at least 10 years and are utilizing the ability to stay in the country after applying for political asylum to apply for full citizenship here instead of having to return to their home country to apply.
The ruling stated that the Biden administration had exceeded its authority under current immigration law. The policy had been on hold since August when Texas and 15 other states sued to stop the policy from taking effect claiming that this type of policy change could only be enacted by Congress and that the Biden administration did not have the legal authority to implement the policy change.
A state district court in New York has dismissed a lawsuit filed by New York City Mayor Eric Adams that attempted to stop the busing of migrants from Texas to New York. The lawsuit sought to bar bus companies that had been contracted by the state of Texas from dropping off “needy persons”, citing an 1817 New York state law that prohibits bringing indigent people into the state that will then become dependent on state resources. In a nutshell, the judge dismissed the lawsuit saying people are free to travel as they wish and that the state of New York cannot regulate the transportation of people based on their economic status.
Texas has been busing migrants that have crossed into Texas since 2022 to cities that have declared themselves to be sanctuary cities, meaning they will not enforce federal immigration laws. To date, Texas has sent nearly 50,000 migrants to New York. Another 37,000 have been bused to Chicago, and another 38,000 have been sent to other cities including Los Angeles, Denver, and Washington, DC.
Abbott Calls for Tuition Freeze
Gov. Abbott sent a letter this week to all public institutions of higher education stating he will not support an increase in tuition for the upcoming budget cycle that will be discussed this session. Abbott cited rising inflation and other economic pressures as the reason for the tuition freeze. In 2023, public colleges and universities agreed to freeze tuition for a two-year period in exchange for a funding increase of $1 billion for higher education. Abbott did not indicate in his correspondence to the higher education community that he will again recommend an increase in funding in conjunction with the request to continue the tuition freeze.
New Plan for Astrodome
A slight and fun diversion from politics for a moment. All of you in my generation are familiar with the Houston Astrodome. The “8th Wonder of the World” opened in 1965 and became the world’s first “domed” stadium. It was home to the Houston Astros, the Houston Oilers, University of Houston Cougars and even the Houston Rockets for a short period of time. It has not regularly hosted sporting events since the Oilers left for Nashville in 1996 and the Astros left for Minute Maid Park in 2000. It has set completely empty since housing Hurricane Katrina evacuees in 2005.
This week, the Astrodome Conservancy unveiled a $1 billion plan to repurpose and redevelop the Dome into four buildings under the roof with shopping and retail businesses that will be open year-round. There would also be a new plaza that would connect the property to the existing NRG Stadium and surrounding infrastructure in the NRG Park complex. Any plan would have to get the approval of NRG’s two main tenants – The Texans and the Houston Rodeo. The alternative – demolition — would cost $100 million and take at least a year to remediate in preparation for destruction. Interestingly enough, the Conservancy touts a poll from 2020 that shows 86% of Houston area residents favor a repurpose of the Dome as opposed to tearing it down. And 81% approve of using public funds to reuse the Dome. The Astrodome was given State Antiquities Landmark Designation by the Texas Historical Commission in 2017. The plan calls for $750 million to be raised in private funds with the remainder coming from available public economic development funds.
Political Notes
A second Democrat has entered the race for Speaker of the Texas House. Rep. Johnny Bryant of Dallas joins fellow Democrat Rep. Ana Maria Ramos – also of Dallas – in the improbable quest to lead the House next session. Democrats are currently outnumbered by an 88-62 margin in the 150-member Texas House, so the likelihood of a Democrat leading the chamber is a virtual impossibility. Nevertheless, Bryant has entered the race, announcing his candidacy via social media with little explanation or fanfare. Bryant first served in the Texas House from 1975-1982. In 1982, he was elected to the US Congress where he served until a failed bid for the Democratic nomination for the US Senate in 1996. He returned for his second stint in the House in 2023.
US Senator John Cornyn lost his long-awaited bid to become the Majority Leader of the US Senate on Wednesday. Cornyn campaigned vigorously for the position immediately after current Majority Leader Mitch McConnell announced he would step aside at the end of the year. The vote among the GOP Senators was conducted in private, so no final vote counts were given. However – in what was an embarrassing development for Cornyn — fellow Texas Senator Ted Cruz announced before the vote that he would not support Cornyn. Cruz threw his support to Florida Senator Rick Scott. Ultimately, South Dakota Senator John Thune won the support of his colleagues to lead the Republicans.
Before the conclusion of this year’s election, rumors were rampant that if Trump was elected, he would be asking several Republican state leaders to join his administration. So far, the only Texan that has been tapped for a position is former Dallas area Congressman John Ratcliffe, who has been named to lead the CIA. Ratcliffe served from 2015-2020 in Congress, leaving in 2020 to become Director of National Intelligence during the waning months of the first Trump administration.
Texas Republican Congressman Michael McCaul has issued a formal apology for his conduct at Dulles Airport near Washington that caused him to be detained by Airport Police. Officers took McCaul into custody when he appeared to be “disoriented and intoxicated” while waiting on a flight back to Texas. McCaul blames his condition on a combination of the sleep aid Ambien and alcohol. In his statement, McCaul said he “made a mistake by mixing alcohol and Ambien, and I take full responsibility.” McCaul – from suburban Austin – was just reelected to his 11th term in Congress earlier this month. He has chaired the House Foreign Affairs Committee for the past three terms but will relinquish the chair in January due to term limits that the US House imposes on length of chairmanships.
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.
There are 59 days until the start of the regular legislative session.