Photo: ©albradenphoto.com
By Cyrus Reed
The 84th Legislature has begun… kicking and screaming. After swearing in, the new leadership went about consolidating their political power. Governor Greg Abbott suggested modifying cities’ ability to protect themselves, and Lt. Governor Dan Patrick – who declared “a new day in Texas” – made it easier for partisan legislation to pass. Meanwhile, the gears of the legislative process have rumbled to life with new committees, the budget, bills, and more.
So Long 2/3, Adios Deliberation?
After a contentious debate, Lt. Gov. Patrick and 20 Senators changed the long-standing rule that enabled a very important power check (11 of 31 Senators) to effectively block legislation from making it to the Senate floor for a vote. Known as the “two-thirds” rule, many credited it as a way to avoid the most contentious legislative proposals from passing the Senate, a body traditionally relied upon for fostering a bipartisan spirit of compromise, deliberation, and analysis.
On a 20-10 vote, the new Senate decided it will operate on a “three-fifths” rule, meaning, effectively, 13 Senators will now be required to “block” a bill. Senators voted almost strictly along party lines. However, Sen. Craig Estes (R-Wichita Falls) voted against the change, arguing it could impact rural counties on issues like water infrastructure as thirsty cities might override protections for rural communities. Sen. Eddie Lucio Jr. (D-Brownsville) actually voted for the change, reminding members that sometimes good proposals that he had were blocked by a minority of senators.
Sen. Rodney Ellis (D-Houston) remarked, “What you are doing today is making this legislative body operate the same way they operate in Washington, D.C. It is the wrong thing to do.”
New Committees and Assignments
On January 23, Lt. Gov. Patrick named his committees. For a full list, click here. There was some reshuffling of committees as the newly-adopted Senate rules eliminated four previous committees (Economic Development, Government Organization, Jurisprudence, Open Government), while modifying one – the Committee on Agriculture, Water and Rural Affairs. It is interesting that Estes was not named on that committee, despite his long-time focus on rural issues. Instead, in an unusual move, conservative Sen. Charles Perry (R-Lubbock) was made chair, with Sen. Judith Zaffirini (D-Laredo) serving as vice-chair. In all, only two Democrats – Sen. John Whitmire (D-Houston) – chair of Criminal Justice – and Sen. Eddie Lucio Jr. (D-Brownsville) – chair of Intergovernmental Relations – were named chairs.
Key Senate committees for energy and environmental bills include: the modified Committee on Agriculture, Water and Rural Affairs, the Finance Committee chaired by Sen. Jane Nelson (R-Flower Mound), the Committee on Natural Resources and Economic Development chaired by Sen. Troy Fraser (R-Horseshoe Bay), the Committee on Business and Commerce chaired by Sen. Eltife (R-Tyler), and the Committee on Transportation chaired by Sen. Robert Nichols (R-Jacksonville).
Meanwhile over in the House, Speaker Joe Straus (R-San Antonio) is expected to name committees on February 4. He gets that right because for the third time in a row, he withstood all challengers, and easily won a third term as speaker.
Budging the Budget
The Legislative Budget Board released its draft budget (available at lbb.state.tx.us) and Sen. Nelson immediately set an organizational meeting to begin discussing the only bill that must pass the Legislature – the budget. However, she filed the budget bill as SB 2, leaving SB 1 open for a tax relief bill. Nelson announced that she had put $4 billion in the budget for tax relief, which is probably much less than anticipated by some tax relief advocates.
As is usually the case, the draft budget does not fully fund key environmental and low-income programs such as the Texas Emissions Reduction Program (TERP), the Low-Income Repair and Replacement Program (LIRAP) at TCEQ, although it restores some funding for state and local parks over at the Texas Parks and Wildlife Department. On the other side of the Capital, House members have once again filed legislation to assure that sales taxes on sporting goods support state and local parks, including bills from Ryan Guillen (D-Rio Grande City) (HB 82), and Lyle Larson (R-San Antonio) (HB 158).
Sticky Fingers Jeopardize TERP
TERP, a program designed to provide incentives to get dirty vehicles off the roads and replace them with newer cleaner ones – is a subject of much anticipation.
Rep. Jason Isaac (R-Dripping Springs) held a special briefing on the program. He also filed legislation to extend the program (HB 652). Others, however, would like to divert some of the TERP funding to roads. Sen. “Chuy” Hinojosa (D-Edinburg) (SB 321) and Rep. Joe Pickett (D-El Paso) (HB 624) filed legislation that would allow some of the TERP funds to be used for road congestion mitigation projects, while a bill from Rep. Ruth McClendon Jones (D-San Antonio) (HB 457) would allow some of the money to be used for rail relocation projects.
Since TERP generates nearly $200 million per year and there is an additional $850 million sitting in an account for the program that has not been allocated, it is not surprising there is interest. Other legislators likely to weigh in include Sen. Nichols (R-Jacksonville), who is rumored to want to use a significant amount for roads, and Rep. Drew Darby (R-San Angelo), who is likely to re-file legislation to end diversion of funds like TERP.
Power Play
Sen. Fraser made it clear that he intends his committee – renamed the Committee on Natural Resources and Economic Development – to deal not only with natural resources and pollution issues, but also with oil and gas, electricity, and water infrastructure. At its first hearing, he called most of the major natural resource agencies in for a Q&A session, including the Texas Commission on Environmental Quality, Railroad Commission of Texas, the Public Utility Commission, the Electric Reliability Council of Texas (ERCOT) – the independent operator that runs the electric grid – as well as the Texas Water Development Board.
Interestingly, TCEQ Commissioner Shaw did mention the necessity of robust funding of TERP in order to keep Texas in line with existing and proposed new ozone standards, while ERCOT chief Trip Doggett announced that reserve margins were looking fairly healthy, in part because of the contribution of wind power from the coast at peak demand times.
While it is too early to tell exactly which legislation will make its way to Fraser’s committee, if statements from organizations like the Texas Association of Business are to be believed, legislation will be filed once again to limit the effectiveness and the rights of citizens to be heard through contested case hearings at the State Office of Administrative Hearings. Despite having just gone through a Sunset Review which concluded that the SOAH process for granting citizens the right to review agency decisions – like granting a water rights or air quality permit – works pretty well, major businesses are arguing that the environmental permitting process in Texas takes too long and is full of uncertainty. They are likely to take their aim at the CCH process.
Aside from the SOAH Sunset review, two bills have been filed that would speed up the permitting process for water rights and limit citizen participation: HB 201 by Jeff Leach (R-Plano) and SB 109 by Van Taylor (R-Plano).
We’ll have much more to say on water and the Texas Legislature in the days and weeks to come, so stay tuned.
Local Control Under Fire
Coming off of Gov. Abbott’s ballyhooed statements disparaging cities’ ability to govern themselves, some legislators put local ordinances, such as the citizen-approved ordinance in Denton to ban hydraulic fracturing within the city limits, in the crosshairs.
Rep. Phil King (R-Weatherford) has already filed two bills that would limit the ability of local cities to pass ordinances – HB 539 and HB 540). HB 539 would specifically require a variety of steps for a city contemplating action that would impact oil and gas development, including a fiscal analysis of the impact of the proposed regulation, including requiring that any loss in revenue from taxes be made up through other means. Not surprisingly, the Texas Municipal League has come out against the proposed legislation. HB 540 is not specific to oil and gas ordinances, but would require that the Attorney General of Texas review all proposed city ordinance passed through petition or referendum. The AG would not only review the legality of the measure but assess whether it represents a “taking of private property.”
As mentioned above, Gov. Abbott, in declarations, came out against the ability of local municipalities to approve ordinances that limit oil and gas development, protect older trees on private property, or ban the use of plastic bags.
Don’t be surprised if additional legislation is filed on these issues.
If you would like to be more involved in fighting for pro-environment issues during the legislative session, please contact me at cyrus.reed@sierraclub.org.