Hot List

Texas State Capitol in Austin, Tex.
Patrick Michels

The Lead:

Lawmakers negotiated late into the night in an attempt to finalize the 2014-2015 state budget. Conference committee members have agreed on a number of spending issues, including how much money to put into public education ($3.2 billion) and water infrastructure projects ($2 billion).

But as the Texas Tribune reports, Medicaid expansion remains a problem. The budget doesn’t include money to expand Medicaid for working poor families under Obamacare (don’t be silly). But conference committee members have included a rider that would set up a framework under which Texas would expand Medicaid if it chose to. That’s apparently too much for some House Republicans. The House GOP caucus voted earlier in the session against Medicaid expansion. And some Republicans are threatening to vote against the budget if it includes the Medicaid provision. Now’s the time for deal-making. Once the conference committee sends the budget back to House and Senate, the bill can’t be changed.

Yesterday’s Headlines:

1. Yesterday, the House voted down a proposal to impose term limits on elected officials. SJR 13 would have limited the governor, lieutenant governor and four other statewide officials to two consecutive terms in office. So much for that.

2. The House did approve an amendment by Rep. Matt Krause that would allow university student groups to discriminate against prospective members. We had termed this proposal a “bad bill.” As the Observer‘s Patrick Michels reports, Krause’s bill had died, but he brought it back as an amendment to the Higher Ed Coordinating Board sunset bill.

3. The Senate gave final approval to SB 15, a bill that would place stricter limits on university regents’ power to fire campus presidents, the Associated Press reports. The subtext of this bill has been the fight between the UT Regents and President Bill Powers.

4. The story of the day came from the Texas Tribune‘s Emily Ramshaw, who reported that doctor and GOP activist Steve Hotze has recorded songs (yes, you read that correctly) about his opposition to Obamacare. The Trib story includes a sampling of Hotze’s heavily autotuned tracks.

5. And congratulations to Quorum Report, which turned 30 yesterday.

Line of the Day:

“Let’s say there’s a red hat club. Anybody who wants to come in and subvert that, ‘I don’t like red hats.’” —Rep. Matt Krause, torturing an analogy during House floor debate trying to explain why university student groups should be allowed to discriminate against who can join.

What We’re Watching Today:

1. The House is scheduled to debate Sen. Dan Patrick’s charter school bill today. SB 2 would increase the number of open-enrollment charter schools in Texas.

2. The Senate Finance Subcommittee on Fiscal Matters will hear HB 500 this morning. The bill reforms the franchise tax, including hundreds of millions in tax exemptions for businesses. The franchise tax’s less-than-expected collections have contributed to the state’s budget woes since its creation in 2006.

3. Gov. Rick Perry will ceremonially sign SB 1611—the Michal Morton Act—this afternoon. Sens. Robert Duncan (R-Lubbock) and Rodney Ellis (D-Houston) and Reps. Senfronia Thompson (D-Houston) and Tryon Lewis (R-Odessa) will be present for the ceremony. So will Michael Morton, who was wrongfully convicted of murder in 1987 and exonerated with DNA evidence in 2011. The bill aims to improve Texas’ criminal justice system by ensuring that defense attorneys have access to all key evidence.

Texas State Capitol in Austin, Tex.
Patrick Michels

The Lead:

A budget deal appears close. That’s the news yesterday from the budget conference committee—where five reps and five senators are hashing out how the state will spend its money the next two years.

House Appropriations Chair Jim Pitts told the Texas Tribune Tuesday that the committee is moving toward an agreement that would provide $3.2 billion more money for public education—restoring only part of the $5.4 billion in education cuts from last session—and add $2 billion for water infrastructure projects.

Pitts said the committee’s plan would employ “the method the House came up with and the money the Senate had, $3.2 billion.” That means no rainy day fund money for schools. The plan apparently is to take the $2 billion from the rainy day fund for water projects. The fund is projected to have $11.8 billion by the end of next biennium.

Yesterday’s Headlines:

1. In an exclusive story, the Observer‘s Carolyn Jones reports that the Texas Department of Health State Health Services has $2.3 million in family-planning funds still sitting around unspent. That was while scores of clinics serving both low-income men and women have closed in the past year due to lack of funding, and approximately 140,000 low-income women have gone without care.

2. The Senate Education Committee heard a bill from the House yesterday that would further reduce standardized testing in public schools. The Observer‘s Liz Farmer reports HB 2836 would eliminate the STAAR writing testing for 4th and 7th graders.

3. The Dallas Morning News reports that a Senate committee voted out the controversial “campus carry” bill that would allow guns on college campuses. The bill now heads to the full Senate.

Line of the Day:

“There were lots of ways that money could have been deployed.” —Clare Coleman, president and CEO of the National Family Planning and Reproductive Health Association, on the revelation that Texas’ health department left $2.3 million unspent while dozens of family-planning clinics closed.

What We’re Watching Today:

1. The House is scheduled to debate a constitutional amendment that would impose term limits for Texas elected officials. But governor-for-life Rick Perry need not worry. SJR 13 would exempt current officeholders from the term limits.

2. After passing the Michael Morton Act earlier this week, the House will hear another key criminal justice reform—SB 344, which would make it easier for people to challenge their convictions in cases in which major advances in forensic science could result in an exoneration.

3. Last, but certainly not least, the House will take on the controversial curriculum tool CSCOPE that has ignited the tea party. Dan Patrick’s SB 1406 would bring CSCOPE and other curriculum tools under the oversight of the State Board of Education. There’s progress for you.

The Lead:

The Legislature went after mucus yesterday.

That would be Michael Quinn Sullivan (often referred to as MQS—or mucus) who leads the tea party group Empower Texans dedicated to electing more conservative Republicans to office. Sullivan, who fashions himself as a Texas version of Grover Norquist, and his group have poured money into campaigns of tea party challengers to Republican incumbents, including Speaker Joe Straus and his leadership team.

The Texas House took on Sullivan yesterday, giving initial approval to SB 346 that would require politically active nonprofits to disclose donors who give $1,000 or more. The bill would increase transparency for all political nonprofits, but there’s no doubt who House members had in mind—bill sponsor Charlie Geren even mentioned Sullivan by name during the floor debate.  True to form, Sullivan responded on Twitter.

As the Observer‘s Liz Farmer reports, Geren managed to fend off all amendments. Keeping the bill “clean” would steer it away from the Senate, where Sen. Dan Patrick famously tried to have a do-over after the Senate passed the bill earlier in the session and tried to take the bill back from the House (and the House refused).

If Geren can keep the bill identical to the Senate’s version, it would go straight to Gov. Rick Perry. The House must pass the measure on third reading today. Then the attention shifts to Perry, who’s been close with Sullivan. We could soon find out exactly how much pull Sullivan has with the governor.

Yesterday’s Headlines:

1. The House approved the Michael Morton Act and a companion bill aimed at reducing wrongful convictions and holding prosecutors accountable for misconduct. The package was backed by Morton, who spent 25 years in prison wrongly convicted of murdering his wife. The Tribune‘s Brandi Grissom has more.

2. Budget conferees agreed yesterday to restore funding for CPRIT, the troubled cancer-fighting agency, which has proved that in Texas even cancer research isn’t immune from cronyism. The Statesman has the story (you need a subscription now).

3. Speaking of the budget conference committee, the Tribune reports that conferees could include a rider in the budget that would lay out a framework for Medicaid expansion.

Line of the Day:

“I think that’s what the problem is when you’ve got people running around giving millions of dollars, spending millions of dollars and keeping their contributors a secret.” —Rep. Charlie Geren during yesterday’s debate on SB 346 that would force political nonprofits to disclose major donors.

What We’re Watching Today:

1. The House will vote on several high-profile bills on third reading, including the Michael Morton Act to prevent wrongful convictions and SB 346, MQS’s favorite transparency bill.

2. The Senate Criminal Justice Committee will hear HB 166, which would establish the Tim Cole Exoneration Review Committee to investigate wrongful convictions.

Texas State Capitol in Austin, Tex.
Patrick Michels

The Lead:

Wrongful convictions have become all too common in Texas, and every legislative session features another horrific tale of an innocent person spending decades in prison and reform bills aimed at preventing similar injustices in the future—from Tim Cole to Anthony Graves and now Michael Morton.

The House is scheduled to debate Senate Bill 1611—the Michael Morton act—on the floor today. The bill would strengthen requirements that prosecutors turn over all key evidence to defense lawyers. Morton spent 25 years behind bars after being falsely convicted of his wife’s 1986 murder. (You can read about Morton’s case in this seminal Texas Monthly story, which earlier this month won a National Magazine Award for feature writing.) There is strong evidence that prosecutors in the case withheld evidence from the defense that could have proved Morton’s innocence.

As Brandi Grissom notes in the Texas Tribune, the bill will be debated on the 50th anniversary of the U.S. Supreme Court’s ruling in Brady v. Maryland, which established that defense lawyers were entitled to exculpatory evidence.

The House will also hear Senate Bill 825, which would give exonorees more time to file a grievance to hold prosecutors accountable for misconduct. Morton helped push both bills forward by personally testifying in support of them earlier in the session. 

Weekend Headlines:

1. The push to find a sustainable funding stream for TxDOT appears dead this session, the Statesman reports (subscription now required).

2. With just two weeks left in the session, the pressure is showing, as advocacy groups push to get their bills passed. The Tribune profiles Raise Your Hand Texas and the influence it has had on education reform.

3. Ted Cruz received high praise for his intellect from his alma mater over the weekend. But is he ready to run in 2016?

Line of the Day:

“I have a text message right here that says they were for it as it came out of committee.” —Rep. Dan Huberty during House debate on virtual school bill, as quoted in the Trib’s profile of Raise Your Hand Texas.

What We’re Watching Today:

1. The House will hear Senate Bill 15 by Sen. Kel Seliger that would restrict the powers of the boards of regents at Texas’ public universities. The dispute between the the UT Regents and the Lege will once again be a focus of attention.

2. A Senate bill that would ban the use of tanning facilities by minors is also up on the House floor.

The Lead:

The House was on the clock last night: Midnight Thursday marked the deadline to pass bills on second reading. House members churned through quite a few bills in the final hours, but dozens more withered on the calendar and are finished, at least for now (they could resurface as amendments to other bills).

One thing that seemed pretty dead was a plan to use vehicle sales tax revenue and fees to fund growing transportation needs, as the Observer reports. Conservative reps were divided—raising fees is a back-door tax increase, after all—and the author of the bill, Rep.  Drew Darby, killed it because Gov. Rick Perry promised to veto any transportation funding unless it’s purely vehicle sales tax revenue.

The headline-making drone bill passed the House, as the Observer’s Beth Cortez-Neavel reports. The bill would make it a Class C misdemeanor to take pictures with drones, though there are some exemptions for DPS. Just before the midnight deadline, lawmakers passed a measure that gives children 14 years old and up legal consent to immunizations, despite concern that the bill would allow kids to get the HPV vaccine. And just like that, it felt like 2007 again.

Yesterday’s Headlines:

1. The last bill the House approved last night was a bill to reimburse universities for absorbing the tuition of veterans or their dependents under the Hazlewood Act, as the Dallas Morning News writes.

2. The House also approved a bill that extends free or reduced-cost breakfasts to all students in a school in which 80 percent of the students are eligible for the program, as the Texas Tribune reports.

3. The Associated Press reports on the stalled budget negotiations between Rep. Jim Pitts and Sen. Tommy Williams. Pitts promises that things will get “worked out.”

Line of the Day:

“We shouldn’t be burying our treasure.” –Rep. Dan Branch (R-Dallas) on spending from the rainy day fund.

What We’re Watching Today:

1. The House will complete third readings of bills passed yesterday. Today is the deadline for the House to pass House bills to the Senate.