Davis, Laubendberg and Truitt Miss Cutest Committee Hearing Ever

Anchia with some of the kids from the hearing (photo from Equality Texas)

HB 415 by Rafael Anchia (D-Dallas) was heard in the House Public Health Committee last Wednesday. Under current law parents in opposite-sex relationships who adopt are routinely issued updated birth certificates which reflect the children's new legal parents. However the Health and Safety Code specifically prohibits two men or two women from being listed as parents on a birth certificate. Anchia's bill would change that by simply removing the prohibition, allowing the legal document most often used to prove a parent's relationship with their children to accurately reflect the child's legal parents.

Anchia filed this legislation last session (81st HB 2080), it received a hearing but was never voted out of committee. As I mentioned in my weekly Lege Update for the Dallas Voice's Instant Tea Blog Anchia brought a secret weapon to the hearing this session: what might be the world's most adorable children.

Missing out on the cuteness of witnesses literally dripping with children where three of the committee's Republican members: Sarah Davis (Houston), Jodie Laubenberg (Rockwall) and Vicki Truitt (Southlake) - although Laubenberg did manage to come in just in time to hear the last witness (and her baby who tried to eat the microphone). Representative's have very busy schedules, and sometimes they have to miss meetings, particularly if the meeting is at 8 am and the House has had a late night. But I am particularly disappointed that Davis choose to skip this hearing.

Davis' district covers about half of Houston's historic "gayborhood" of Montrose and she was elected with the considerable support of the Log Cabin Republicans of Houston. I know that her office has heard from many constituents about the importance of HB 415, so it frankly shocks me that she would choose to miss a hearing so vital to her constituency. Unfortunately it's in keeping with her voting record this session which includes supporting the notorious "family and traditional values" amendment to the budget and refusing to support anti-bullying legislation that included an enumerated reporting requirement. Davis seems perfectly willing to use the gay community (and yes, I did use gay, not LGBT or queer, to describe the Log Cabin Republicans), but will not stand up for the best interests of her queer constituents when push comes to shove.

If you're a constituent of Davis' and would like to express your displeasure at her absence you can call her capitol office at (512) 463-0389.

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 86: Did Davis, S or Didn't Davis, S?

Today is the 86th day of the 82nd regular session of the Texas legislature. The House reconvened at 10 am, the Senate at 11.

On Sunday I wrote that Rep. Sarah Davis (R-Houston) voted against the budget amendment by Rep. Christian which requires state universities that have a "gender and sexuality center" to also have a "family and traditional values center." I spoke today with a staffer in Davis' office who informed me that Davis, in fact, voted for the amendment and that the uncertified results posted on the Legislature's website were incorrect. The staffer said she was unsure why Davis supported the amendment. I've e-mailed Rep. Davis asking if she feels, as Rep. Christian does, that family and traditional values centers are necessary to provide parity for the resources provided by sexuality and gender centers and how she anticipates universities will find funding for this new mandate created by the legislature. I eagerly await her response.


Four important bills were heard in the House Criminal Jurisprudence Committee yesterday: HB 1909, which addresses a loophole in the state's "indecency with a child" law that allows straight teenagers to make out with their boyfriends/girlfriends, but not queer ones; HB 2227, which adds "gender identity and expression" the the list of attributes bias against which permits the attachment of "hate crime" enhancements; and HB 604 and HB 2156 which remove Texas' unconstitutional law against "homosexual conduct." For a more detailed account of the hearing please read the article I wrote for the Dallas Voice.


As the session continues to escalate towards it's eventual conclusion the harried schedule is driving staffers and legislative gadflies to acts of abject silliness. In addition to LQ's 'Which member of the Texas House has the most awesome mustache' contest; this site, assigning doppelgangers to Texas legislators, is making the rounds.

Day 38: Heather Has Two Mommies, But Only One Is Legally Recognized

Today is the 38th day of the 82nd regular session of the Texas Legislature. The House reconvenes at 10 am, the Senate at 11.

Yesterday Rep. Garnet Coleman (D - Houston) introduced HB 1386 which would create a truly visionary program to counter youth suicide that includes a non-discrimination policy for Texas public school students that includes sexual orientation and gender identity and expression. I'll write more about HB 1386 later, but wanted to take this opportunity to thank Rep. Coleman for his thoughtful legislation.

HB 415 by Rep. Anchia (D - Dallas) was referred to the House Committee on Public Health yesterday. HB 415 would allow same-sex parents to be given birth certificates for their children which accurately reflect both parents. Current law prohibits Texas' birth certificates from reflecting two men or two women as parents, straight people who adopt are regularly given amended birth certificates that reflect both parents names.

The composition of the House public health committee this session is interesting. An 11 member committee, it has 4 Democratic members and 7 Republicans and is chaired by Rep. Louis Kolkhorst (R - Austin, Grimes, Walker, Washington counties). Anchia filed this bill last session as well, during that hearing Kolkhorst was visibly moved by parents' stories of how not having an accurate birth certificate has made it difficult for them to get emergent care for their children, secure visas for travel and be recognized as a guardian by their children's schools. If Kolkhorst can be convinced to allow the the committee to vote on HB 415 there is a chance that this bill might make it to the House floor for a vote.

The 4 Democratic members of the committee include 3 of the staunchest allies of the queer community: Naishtat, Coleman, Gonzales. The other one, Alvarado, doesn't have a voting record on LGBT issues because she is a sophomore member and there wasn't a record vote last session, but she has made multiple public statements in support of the community. Those four votes are pretty secure, since the committee has 11 members the bill needs 6 supporters to make it out of committee and on to the House floor. If chairwoman Kolkhorst can be persuaded to support HB 415 that makes 5 yea votes. So where might the 6th one come from?

Of the 7 republican members only one is a member of the notorious "Gang of 37": Rep. Jodie Laubenberg (R - Colin, Rockwall counties) - House members with perfect records of voting against the LGBT community - people who never miss an opportunity to exact their bigotry on the queer populous. The other 7, including chairwoman Kolkhorst have, at least once, been persuaded to vote in the best interest of the community or are freshmen or sophomores who have yet to establish a record. The relatively moderate make up gives me hope that one of those members might become the necessary 6th vote, but which one?

One of the more hopeful freshmen members is Rep. Sarah Davis (R - Houston). Davis actively sought and enthusiastically received the endorsement of the Houston chapter of Log Cabin Republicans during her campaign. The Harris county Republican party did very little to support her campaign, so she's not as beholden to the party machine as some other members, and she has made public statements that she would support the LGBT community (so long as that support doesn't include what she considers the "expansion of government"). This bill would seem a key opportunity for her to prove her statements. She could easily become the necessary 6th vote, particurally if sufficient public pressure is brought to bear.

Rep. Davis' Austin office can be reached at (512) 463-0389.