Pages

Thursday, May 12, 2011

Day 122: Tick, Tick, Tick, Tick...

Today is the 122nd day of the 82nd regular session of the Texas Legislature. The House reconvenes at 9:30, the Senate will return from their overnight recess at 8:00.

HB 1386 by Garnet Coleman (D-Houston) is on the House's list of bills to be considered today, but the clock is ticking. The bill would create a comprehensive inter-agency program to prevent teen suicide. It must be brought up for consideration by midnight tonight. Currently it is the 129th bill in line for consideration. These deadline days tend to move pretty quickly but HB 1386 is likely to be right on the razor's edge of the cut off. For nail-biting drama tonight turn off your TV and watch the House floor HERE.

Speaking of deadlines, SB 723, the anti-trans marriage bill, is facing a deadline of it's own. The bill is currently on a fast-track list of bills known as the "intent calendar" that require a 2/3 vote of Senators to be brought up for a vote. A new intent calendar is created each week so if SB 723 doesn't pass this week the bills sponsor, Tommy Williams (R-The Woodlands) will have to put it back on next week's intent calendar. Senators only get to put a certain number of bills on the calendar so each week this bill doesn't pass Williams' must spend political capitol to keep it on the calendar.

IF SB 723 passes the Senate the next step will be 1st reading in the House and referral to House committee. The bill would likely be referred to the House Public Health Committee, which would have until Saturday, May 21st to vote on it. It is very likely that if SB 723 will not have enough time to complete the rest of the process, even if it passed today.

That said, it must still be watched carefully because the rules start to change in the Senate next week. Currently bills have to be on the intent calendar for a day before they are brought up for a vote, which gives community organizers and activists some warning. On Friday, May 20th, the 130th day of session, that rule goes away and a bill can be brought up from the intent calendar the same day it's put on the calendar. The good news is that there is only a 2 day overlap between the change in that rule and the deadline for house committees to vote on Senate bills, but for those two days we will be in a very vulnerable position.

Wednesday, May 11, 2011

Senate Adjourns Without Considering Anti-Trans Marriage Bill

The Texas Senate has adjourned for the day without considering SB 723, by Tommy Williams (R-The Woodlands). The bill would remove a court order changing a person's legally recognized sex from the list of documents that can be used to obtain a marriage license. The author's stated intent is to make a 1999 case from the Texas fourth court of appeals Littleton v. Prange the binding case law for all of Texas, prohibiting anyone who has changed their legally recognized sex from getting married. (Read LQ's Legislative Intent and SB 723).

SB 723 remains on the Senate's schedule for tomorrow. If passed the bill would next go to the House for referral to committee, which is likely to be the House Public Health Committee. The committee would then have until Saturday, May 21 to vote on it.

The far right-wing Liberty Institute has issued an alert on their blog encouraging people to call Senators in support of the bill. The right is mobilizing! To be effective we need to cancel out their calls 2 to 1. Please contact your Senator today and urge them to "oppose SB 723" then use your Facebook, Twitter, blog and just plain personal friendships to encourage others to do the same.

Equality Texas has set up an easy to use form e-mail that will automatically be sent to your Senator here. Please also call your Senator. If Williams has turned one of the Dems it may be Carlos Uresti (San Antonio) who voted "present, not voting" when SB 723 came through the Senate Jurisprudence committee (at one point a "no" vote from him would have killed the bill). Uresti can be reached at his Capitol office at (512) 463-0119.

Day 121: Anti-Trans Marriage Bill Kept at Bay, Tensions High in the House

Today is the 121st day of the 82nd regular session of the Texas Legislature, the House returns from recess at 10 am, the Senate will reconvene at 11 am.

The Senate adjourned yesterday without taking up SB 723, the anti-trans marriage bill that has floated on and off and back on to the "intent calendar" for the last month. The bill would remove a court order changing a person's legally recognized sex from the list of documents that can be used to obtain a marriage license. The author's stated intent is to make a 1999 case from the Texas fourth court of appeals Littleton v. Prange the binding case law for all of Texas, prohibiting anyone who has changed their legally recognized sex from getting married. (Read LQ's Legislative Intent and SB 723).

Bills on the intent calendar require a 2/3 vote, or 20 yeas, of the Senate to be brought up for a vote. All Texans are urged to call your Senators and ask them to "oppose SB 723." Equality Texas has set up an easy to use form e-mail that will automatically be sent to your Senator here. There are currently 19 Republicans and 12 Democrats in the Texas Senate, which means that at least one of the Senate Democrats will have to support SB 723 for it to pass. There is a list of phone numbers for Senate Democrats here, after you've contacted your Senator please call them as well.


HB 2229, by Garnett Coleman (D-Houston) sailed through the Senate Health and Human Services Committee yesterday afternoon, passing without any objection. The bill would make permanent the Texas HIV Advisory Committee, which provides advice from service providers and clients on Texas' HIV medication assistance and prevention programs. The committee recommended that HB 2229 be placed on the Senate's "Local and Uncontested Calendar," a list on noncontroversial bills.


HB 1386, Colman's teen suicide prevention bill, is scheduled for a vote in the House today. Tensions have been running high in the House since Saturday when the absence of several, mostly freshman, Republican members gave the House Democrats the ability to shut down further proceedings by leaving. A series of parliamentary moves preceded to volley along partisan lines - first threatening to lock the chamber doors - then to send State Troopers to collect absent members. Although the dust settled and the House resumed business the bruises of that exchange have continued to show in all subsequent debate. Monday's consideration of the so-called "sanctuary cities" bill, a highly controversial measure that would require local law enforcement officers to round up undocumented immigrants without providing training on how to do so or funds to finance their new responsibilities, has done little to ease the frazzled relationships in the increasingly sleep deprived chamber. Yesterday's debate included a scathing reproachment of Speaker Joe Strauss (R-San Antonio) from Trey Martinez-Fischer (D-San Antonio). Martinez-Fischer blasted the Speaker for his poor handling of debate and hinted that, like his predecessor Tom Craddick (R-Midland), Strauss could be removed from his Speakership if he continued to disregard the traditions and procedures of the House.

With tensions high the chamber's pace has slowed to a crawl, it is likely that, although scheduled for today, HB 1386 will not be brought up until tomorrow. Tomorrow is also the last day for the House to consider House bills for the first of their two required votes.

Tuesday, May 10, 2011

HIV Advisory Committee Bill in Senate Committee Today

As I mentioned in my Legislative Update for the Dallas Voice's Instant Tea Blog last week, HB 2229 by Garnet Coleman (D-Houston) is scheduled for a hearing today in the Senate Health and Human Services Committee.

The bill makes permanent the Texas HIV Medication Advisory Committee. Texas has a program that provides medication assistance to low-income HIV-positive people. The Advisory Committee is made up of people who are on the ground dealing with the day-to-day functions of the program and is designed to provide real world input. Earlier this year the committee was dissolved when Department of State Health Services Commissioner, Dr. David Lakey, failed to renew it. It has since been reformed after public outcry. Coleman's bill seeks to prevent future commissioners from doing something similar. The Senate companion to the bill, SB 1821, by Rodney Ellis (D-Houston), has been languishing in the committee since March.

The Texas HIV/AIDS Coalition has issued an urgent alert encouraging Texans to call the members of the Health and Human Services Committee:

Senator Jane Nelson: (512) 463-0112
Senator Bob Deuell: (512) 463-0102
Senator Joan Huffman: (512) 463-0117
Senator Robert Nichols: (512) 463-0103
Senator Dan Patrick: (512) 463-0107
Senator Jose R. Rodriguez: (512) 463-0129
Senator Carlos Uresti: (512) 463-0119
Senator Royce West: (512) 463-0123
Senator Judith Zaffirini: (512) 463-0121

UPDATE: HB 1386 on Calendar for Wednesday

The hallmark of the end of session is that things move quickly. Not an hour after I posted that HB 1386 was waiting to be put on the schedule, I received notice that it had been placed on Wednesday's "general state calendar". The general state calendar is a list of bills that effect the entire state, but do not effect all Texans. In this case HB 1386 would only effect young people.

The bill, by Garnet Coleman (D-Houston) is a comprehensive, multi-agency, attempt to reduce teen suicide. The House Public Health Committee made some changes to the bill before voting it out including removing references to sexual orientation and gender identity and expression as well as the original bill's requirement that schools report instances of bullying. An earlier draft of the committee substitute named the bill "Asher's Law" after Asher Brown, the 12 year old Houston area boy whose suicide following years of torturous school bullying captured the nation's attention last year, that is also missing from the current version.

HB 1386 is the 16th bill in-line for consideration on Wednesday, it is very possible that the House may not complete the entire day's calendar that day, in which case the whole list will role over to Thursday. If HB 1386 is not brought up for debate by midnight on Thursday it is dead.

Day 120: Anti-Trans Marriage Bill in Senate, Deadlines Loom in House

Today is the 120th day of the 82nd regular session of the Texas Legislature. The Senate returned from an overnight recess at 8:00 am, the House reconvenes at 9:30.

All eyes are on the Senate today as SB 723 is once again on the "intent calendar." SB 723 would remove a court ordered change of sex from the list of documents that can be used to prove identity when obtaining a marriage license, but the author's stated purpose is to prohibit anyone who has changed their legally recognized sex from getting married. The intent calendar is a list of fast-tracked bills that must receive a 2/3 vote of the Senate to be brought up for debate. The bill's author, Tommy Williams (R-The Woodlands), originally placed the bill on the intend calendar back on April 18th, but removed it after a concerted effort by queer activist deluged Democratic Senators with phone calls and e-mails. Since 12 of the 31 members of the Senate are Democrats if they all oppose SB 723 it can not get the required 2/3, or 20, votes it needs to be brought up.

Williams placing SB 723 back on the intent calendar either means that he thinks he's turned one of the Democrats, or that this is a desperate last-ditch move to get his legislation passed. Equality Texas has set up an easy to use form e-mail that will automatically be sent to your Senator here. Please also call your Senator. If Williams has turned one of the Dems it may be Carlos Uresti (San Antonio) who voted "present, not voting" when SB 723 came through the Senate Jurisprudence committee (at one point a "no" vote from him would have killed the bill). Uresti can be reached at his Capitol office at (512) 463-0119.

Just because SB 723 is on today's intent calendar doesn't mean it will come up for a vote today. The Senate has a number of high-profile bills to consider today and it's likely they will run out of time before getting to this bill. The intent calendar rolls over through out the week so activists will need to keep watching the Senate carefully.

If SB 723 passes the Senate the next step will be 1st reading in the House (a mere formality: the bill number and a short description of the bill called a "caption" are read aloud on the House floor), and referral to House committee. The bill would likely be referred to the House Public Health Committee, which would have until Saturday, May 21st to vote on it. Considering the tight deadline it may be too late for SB 723 to pass. It's House companion, HB 2098 by Lois Kolkhorst (R-Brenham), died last night when it failed to meet the midnight deadline for House bills to be voted out of committee. Kolkhorst is the chairwoman of the Public Health Committee, she could have scheduled her bill for a hearing and a vote at any time. The fact that she didn't indicates that it's either not a priority for her, or that she knows she doesn't have the 6 votes she needs to get this legislation out of committee.


In other pressing session deadline news: midnight tonight is the deadline for the House Calendars committee to schedule most House bills for a vote. HB 1386, Garnett Coleman's (D-Houston) rather comprehensive youth suicide prevention bill was voted out of committee last week, but if the Calendars committee doesn't put it on the schedule today it will die.

The other House bill we're watching with an upcoming deadline is HB 910 by Senfronia Thompson (D-Houston), which would allow people recognized by Texas as "unmarried" to enter into gestational agreements with surrogate mothers (current statute only allows legally married persons to enter into such agreements). HB 910 was voted out of the House Judiciary and Civil Jurisprudence committee without any objection which allows it to be placed on the "Local and Consent Calendar" a list of noncontroversial bills to be considered by the House. Thompson is chair of the committee that creates the calendar, so she shouldn't have any problem getting her bill placed on it. The deadline for her to do so is Midnight on Wednesday, May 11th.

Both HB 1386 and HB 910 will have to pass the House by midnight on Thursday, May 12th, then must be voted on a second time in the House of Friday. After that it's on to the Senate.

Monday, May 9, 2011

ALERT: Anti-Trans Marriage Bill Back on Senate Intent Calendar

SB 723 by Tommy Williams (R - The Woodlands) is back on the Senate's intent calendar for tomorrow, May 10th. The bill would remove a court ordered change of sex from the list of documents that could be used to prove identity when obtaining a marriage license. More broadly, William's stated intent is to prohibit Texans who have changed their legally recognized sex, for any reason, from getting married.

Equality Texas has issued an action alert calling on all Texans to contact their State Senators and tell them to oppose SB 723. They've set up an easy to use form e-mail that will automatically be sent to your Senator here. It takes less that 30 seconds to send so please fill it out and encourage everyone on your social networks to do the same.

For extra credit you can also call your Senator, which will take about a minute, and tell them to "oppose SB 723." You can also ask your Senator to speak with their colleagues and encourage them to oppose SB 723 as well. If you don't know your State Senator's phone number you can find it here.

For even more extra credit please consider calling Sen. Carlos Uresti, who is likely the crucial 20th vote needed to bring this bill up for consideration. His capitol office number is (512) 463-0119 begin_of_the_skype_highlighting (512) 463-0119 end_of_the_skype_highlighti..

The whole thing, extra credit included, should take less than 3 minutes and could be crucial in defeating, once and for all, this hateful legislation.