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Bang! Special Session Triggered?

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Published: Jun 02, 2009

Just when you thought the 81st Legislature couldn't get anymore bizarre, the Senate closed up shop for good last night without approving or even considering the House's clever attempt to work around dealing with the "sunset safety net" bill.  Subsequently, major state agencies are left without the legislation they require to continue. 

The sticking point - at least on the surface - in the Senate seems to have been discomfort with amending statute with a resolution, which is technically againsst the rules, and the House's failure to address $2 billion in road construction bonds.

The Austin Chronicle's Richard Whittaker explains the trouble with the resolution:

It was a basically a safety net resolution to save the safety net bill that saved the Sunset requirements for Texas Department of Transportation and the Texas Department of Insurance. The problem is that it sets a terrifically troubling precedent by allowing major statutes to be altered at the 11th hour by a resolution. The potential impact on future legislation is little short of monumental. Similarly, there are concerns that it could have severe consequences about the role of the Legislative Budget Board, and gives them too much power over the spending of federal stimulus dollars.

Sen. Steve Ogden told the Quorum Report:

“We need a short special session to fix two things,” Ogden said. “The bonding issue and the sunset schedule.” 

“The TxDOT budget is wrecked, the agency will start winding down, people will lose their jobs,” Ogden continued.  “Uncertainty will jeopardize projects that have already had years of planning.”

Agencies can take their time pretending to wind down until the situation can be corrected in a special session - or, if they really have to, next legislative session.

Last night, many lawmakers  indicated that they expect to be back at the Capitol for a special session in April 2010, after the gubernatorial primaries.  Both the sunset and bonding issues would likely be on the docket, but the big question is what else might join them.  Could Voter ID rise up, McLeroy-like, and terrorize the legislature all over again?

To be continued...(in April, maybe)