HB 226: Prohibit Insurance Discrimination

Rep. Senfronia Thompson

House Bill 226 by Rep. Senfronia Thompson (D-Houston), would prohibit using sexual orientation or gender identity or expression as the basis for discrimination in insurance. Under current law insurance providers may not deny insurance or offer a different rate of insurance based on the applicant's "race, color, religion, national origin, age, gender, marital status, geographic location, disability or partial disability" unless the denial of insurance or difference in rate is based on "sound actuarial principals." HB 226 would add "sexual orientation" and "gender identity or expression" to that list.

Rep. Thompson's bill is the companion to Senate Bill 73 by Sen. Rodney Ellis (D-Houston). The Texas legislature has two bodies: the House and the Senate. In order to become law a bill must be voted out of Committee and then pass two votes on the floor in both the House and the Senate. Companion bills allow for legislation to be considered by the House and the Senate at the same time, instead of having to pass one body, then the other. Which ever bill passes its body first (HB 226 in the House and SB 73 in the Senate) can then be substituted for the companion bill on the other side, regardless of where it is in the process. (So, for instance, if SB 73 passes committee and the two required votes in the Senate before HB 226 comes up for a vote on the House floor HB 226 can be set aside and SB 73 can receive a vote on the floor without having to go through the House committee.)

By having identical version of the insurance nondiscrimination bill in both the House and Senate Thompson and Ellis have increased the likelihood of the bill passing.

This is not the first time that insurance nondiscrimination has had versions filed in both the House and Senate. During the 82nd regular legislative session Roberto Alonzo (D - Dallas) filed the House version and Rep. Ellis filed the Senate version. Neither bill made it out of committee.

While Alonzo is a very capable and dedicated lawmaker it gives me great hope to see Thompson take the lead on this effort this year. Thompson is the senior-most Democrat in the Texas House and the second senior most member of the House as a whole. She is a tenacious advocate with an encyclopedic understanding of the legislative process and the unquestioned respect of her colleagues, and she doesn't take on fights she can't win.

With Thompson at the helm there is a better chance of insurance non-discrimination passing this session than ever before.

If you live in Rep. Thompson's district please take the time to thank her for her support and ask what you can do do help. You may call her at (713) 633-3390.

If you don't know who represents you go here to find out. 

SB 73: Prohibit Insurance Discrimination

Sen. Rodney Ellis

Sen Rodney Ellis (D - Houston) filed Senate Bill 73 with the Secretary of the Senate today. Under current law insurance providers may not deny insurance or offer a different rate of insurance based on the applicant's "race, color, religion, national origin, age, gender, marital status, geographic location, disability or partial disability" unless the denial of insurance or difference in rate is based on "sound actuarial principals." SB 73 would add "sexual orientation" and "gender identity or expression" to that list.

Ellis filed identical legislation last session. That bill, SB 208, was referred to the Senate State Affairs Committee and was never heard from again. State Affairs is chaired by Sen. Robert Duncan (R - Lubbock), Lt. Gov. David Dewhurst recently re-appointed Duncan to that post. Ultimately it will be Duncan who decides if this bill is allowed to continue through the legislative process.

Rep. Roberto Alonzo (D - Dallas) has filed identical legislation in the House for at least the last three sessions, but has not done so yet this cycle.

• If you live in Sen. Ellis' district please call him at 713-236-0306 and thank him for his support.
• If you live in Sen. Duncan's district please call him at 806-762-1122 and ask that SB 73 be given a prompt hearing in committee.
• If you live in Rep. Alonzo's district please call him at 214-942-7104, thank him for his previous support, and ask that he consider re-filing his insurance nondiscrimination bill as soon as possible.

If you don't know who represents you go here to find out.

Certified Vote Published for "Family and Traditional Values" Amendment

The certified results on the House vote to accept amendment 143 to House Bill 1 were posted on Friday. Amendment 143 by Rep. Wayne Christian (R-Center) requires state universities that have a center for gender and sexuality to equality fund a "center for family and traditional values." (read LQ's original coverage of the amendment.)

The contingent results of House votes are posted in real time on the Texas Legislative Online. The official results, however, contain important information about why representatives choose to vote the way they did and, in some circumstances, explains that members intended to place a different vote than what was recorded. This was explained in LQ's ongoing series Bipartisan Votes Key to LGBT Legislative Successes:

"In cases of record votes each member of the house uses a voting machine embedded into their desk to record their vote. The machine allows them to vote either 'yea', 'nay' or 'present not voting' for each item before the House.

If a member is away from the House Chamber due to illness, family emergency or similar circumstance they can ask a fellow member to request that the Speaker excuse them, if a vote happens while they are away they are notated as being "Absent-Excused" in the record. Typically a member who is "Absent-Excused" will miss an entire day of votes.

The House often meets for hours on end without breaks. Members must often step out of the chamber the eat meals, meet with constituents or take bathroom breaks. If a member happens to be away from their desk and unable to vote when a record vote is taken they are recorded as being 'absent' from that vote.

So on any vote there are five different ways that a members position could be recorded: Yea, Nay, Present - Not Voting, Absent-Excused and Absent.

The issue is further complicated by a long standing tradition of members voting for each other. Many representatives feel that it is appropriate for them to record a vote on the machine embedded in the desk of a colleague who is absent, obstinately voting in the manner that member would and sparing them a record of being "absent" for a vote. The practice is strictly prohibited by House Rule 5, section 47, but it still happens (and was famously defended by Rep. Debbie Riddle after she was caught, on tape, voting for Rep. Kuempel).

These votes are jokingly referred to as "voting machine malfunctions". The House Rules allow members to enter a statement in the official house record explaining that their voting machine "malfunctioned" and stating how they intended to vote. Members can enter a similar statement if they are absent for a vote and would like a record of their position on the record."

In the case of the vote on Amendment 143 five members entered examinations of how they intended to vote. Rep. Roberto Alonzo (D-Dallas) explained that his voting machine did not register his vote and that he intended to vote "Nay." Rep. Joe Deshotel (D-Port Arthur) and Rep. Mike Villarreal (D-San Antonio) both said that they intended to vote against the amendment, although their voting machine registered their votes as "Yea." Marisa Marquez (D-El Paso) stated that she intended to vote "Nay," but that her machine recorded her as being "present, not voting."

Sarah Davis (R-Houston), the sole Republican shown as voting against the amendment by the uncertified results, stated that she intended to vote for it. This conforms with a statement made by her staffer to Legislative Queery. Davis, who received the endorsement of the Houston Log Cabin Republicans during the campaign, has not responded to requests that she explain her support for the amendment.

The uncertified results showed amendment 143 passing 110 yeas, to 24 nays. If these votes had been recorded as the members intended the vote would have been 109 yeas to 26 nays.

Rep. Rafael Anchia, who voted "present, not voting," did not enter a note in the record. Anchia represents part of the historic "gayborhood" of Oaklawn in Dallas and is historically a staunch ally of the queer community. His chief of staff, Timothy Dickey, told the Dallas Voice:

“He [Anchia] said the PNV [present, not voting] was basically just a, ‘This amendment’s stupid. I’m not even going to grace it with a yes or no. It’s a ridiculous amendment, and that’s what the PNV was. … We’re going to try to talk him out of doing that in the future. A ‘No’ is stronger than a PNV.”

LQ's House scorecard has been updated to reflect the notes entered in the official record.

Day 18: Friday Call Day

Today is the 18th day of of the 82nd regular session of the Texas Legislature. The House and Senate are both adjourned until Monday.

Today is the last day of Texas Nurse Anesthetists Week at the Capitol, The Texas Society of Architects has a display in the Rotunda all day and the Texas CHIP Association will meet in the Legislative Conference Center this morning.

Meanwhile almost all of the lawmakers are back home in their district offices, which makes Fridays a great day to call those offices. For a suggested script for your call read Legislative Queery's Day 4 post. If you don't know who your state representative and senator are you can find them HERE.

I suggest calling your representative and asking them to" co-author HB 208", Rep. Roberto Alonzo's (D-Dallas) bill to prohibit insurance discrimination based on sexual orientation or gender identity and expression. Equality Texas has an excellent fact sheet on the bill HERE. Currently this bill does not have a senate companion (a senate companion can help bills move through the process faster). Last session Sen. Rodney Ellis (D-Houston) filed the companion bill, but he hasn't yet this session. His district office number is (713) 236-0306. You can call him, thank him for his support in the past and ask that he consider re-filing the legislation.

HB 208: The First Explicity Pro-LGBT Bill of the session

Rep. Roberto Alonzo filed HB 208 on Monday, the first day of filing. HB 208 amends the list of characteristics which insurance companies may not consider when offering policies to add sexual orientation and gender identity and expression.

Alonzo represents district 104 in southwest Dallas, which includes the Bishop Arts district, an up and coming "gayborhood". He has a large number of vocal queer constituents and I'm happy to see him file this bill.

I was also happy to see him file it last session. With 125 bills authored or co-authored last year Alonzo never seemed to get around to fighting for this bill, or offering it as an amendment to other legislation.

Neither the version of this Alonzo filed last session, nor the Senate companion filed by Rodney Ellis got a hearing. Here's hoping they will make this legislation a higher priority this year.