June 2, 2009
Monday was the last day of the 81 legislative session and things ended as they begun – the Senate divided along party lines over controversial actions. The Senate called sine die on the session last night without passing HCR 291 -- a last minute attempt by the Texas House to avoid a special session by allowing state agencies to continue to exist despite the sunset safety net bill failing to pass.
The sunset safety net bill, filed back in February, was meant to be used in case certain state agencies under sunset failed to have bills passed that re-enabled their existence.
Several state agencies, including the Texas Department of Transportation, failed to have their sunset bills passed this session, leading to a personal privilege speech Monday by state Rep. Carl Isett, R-Lubbock, who is chair of the Sunset Advisory Commission. (For more information, go to the NPT blog.
That came after the House adjourned on Sunday without passing HB 1959, the sunset safety net bill. That led to a major scramble on Monday, as members tried to work out a way of saving state agencies – not because the agencies would cease to exist overnight, but because they did not want the governor to call a special session to pass the safety net bill.
The dilemma present Monday was that the House leadership did not want to bring up HB 1959 by suspending the rules (which requires 100 votes). After all, if you can suspend the rules to pass HB 1959, why not a host of other measures as well?
An early compromise proposal brokered between House Democrats and Republicans fell through. The proposal would have suspended the rules in order to bring up HB 1959 and SB 2080 – a bill that would have expanded the Children’s Health Insurance Program.
But after lunch, and after Straus took a mauling from a number of state representatives, it looked like a plan was in place: HCR 291. The last day of a session is left to tweaking bills with minor flaws – by passing House Concurrent Resolutions that clarify the language.
State Rep. Jim Pitts, R-Waxahachie, threw a rather clever amendment into HCR 291, which resolved that state agencies receiving stimulus funds will exist for the next two years – with almost all state agencies receiving some stimulus funds, that would have allowed those agencies up for sunset to stay in operation despite the failure of the House to pass the sunset safety net bill – a safety net for the safety net, if you like.
After some testy debate, the House passed the resolution and soon after called Sine Die. With the session effectively over, state reps, staffers and journalists retired to bars and parties around the Capitol.
However, later that evening, word spread that the Senate was poised to call Sine Die without passing HCR 291. State Sen. Steve Ogden, R-Bryan, called the House plan “hokey,” while state Sen. Tommy Williams, R-Woodlands, said he wanted Gov. Rick Perry to call a special session.
After opposition from Senate Democrats, the upper chamber called time on the 81st legislative agenda without passing HCR 291 -- the safety net safety net, much to the chagrin of a multiplicity of staffers, journalists and House members who had been led to believe it was margarita time.
The Sine Die celebrations continued amidst rumors that Perry would not call a special session until after the March primaries.
This morning both Straus and Perry said there was no immediate need to call a special session and that state agencies will continue to exist as normal for the time being. (For more information, see the NPT blog.)
Straus, speaking at a press conference, took it in his stride as he always seems to do. But it is worth wondering whether or not secretly he is seething.
After being thrown under a bus by Senate Republicans at the start of the session -- when they led a charge to suspend Senate rules in order to fast track Voter ID legislation, which eventually caused a parliamentary meltdown in the House – he was denied the opportunity to come out of the session reasonably unscathed.
Now why would Senate Republicans do that?
Straus wrested control from the House from former Speaker Tom Craddick, R-Midland, in January before the start of the session.
When the Senate Republicans forced through Voter ID several days later state Sen. Eliot Shapleigh quipped, “Tom Craddick has moved from the House to the Senate.”
I’ll let you join the dots yourself.