Day 107: The Senate, or how to ignore the rules while following them

Today is the 107th day of the 82nd regular session of the Texas Legislature. The House reconvenes at 10, the Senate at 11. Several good pieces of legislation passed both bodies yesterday, but contentious bills under consideration today will undoubtedly slow the process and make for a late evening for lawmakers. LQ's analysis of the day in House is HERE, this is what's going on in the Senate:

The Texas constitution requires bills to be "read" in each chamber on three separate days, but the Senate notoriously disregards this requirement: After first reading bills are sent to committee then, if the committee approves, they are sent back to the whole Senate and placed on one of several "calendars," lists of different kinds of bills to be considered on second reading. The senate has a rule requiring bills to be considered in the order they are voted out of committee, however Senators may place their bills on the "intent calendar," a list of bills to be considered out of order if 2/3 of the Senate agrees to set aside that rule. After the 2/3 vote the bill is then debated, potentially amended (within certain limits) and then voted on again.

Then, and this is where things get interesting, the Senate routinely votes to set aside the constitutional requirement to read bills on three separate days and goes ahead and takes the vote on third reading the same day. So that's four votes (bring up out of order, vote on second reading, vote to set aside three day requirement, vote on third reading) in quick succession, all on the same bill.

Yesterday the Senate passed on second and third reading SB 205 by Sen. John Whitmire (D-Houston), making it the first anti-bullying bill of the session to get out of the chamber it originated in. The bill specifies requirements for the anti-bullying portions of the student codes of conduct that school districts are required to create(read LQ's original analysis of SB 205).

SB 205 was on the intent calendar, so it needed the support of 2/3 of the Senators to pass the first of the four votes. All of the Senators except Brian Birdwell (R-Granbury) and Jane Nelson (R-Flower Mound) voted to bring the bill up out of order. There was no debate on SB 205 and no Senator wished to amend it so the vote to pass it on second reading was taken and it passed, 30 to 1 with only Nelson voting against. That's 2 votes down, 2 to go.

Next the Senate voted to set aside the constitutional requirement to read bills on three separate days. Both Birdwell and Nelson voted against setting aside the rule as did Jeff Wentworth (R-San Antonio). Wentworth, however, has a long history of consistently voting against bypassing the three day reading requirement. It's easy to understand why. While capitol insiders view the Senate's routine ignoring of a constitutional requirement as a matter of course, just the way business is done; outsiders are often shocked to hear that the constitution could just be ignored. Wentworth explains it this way:

"Because in my judgment no circumstance exists in this case to justify the extraordinary act of suspending a requirement of the Texas Constitution. The suspension of this Constitutional Rule has the direct and immediate effect of denying the people of Texas knowledge and notice of the passage of this measure until it has already been finally passed on third reading. Were we to have followed the requirement of the Texas Constitution, third reading and a vote on [SB 205] would have occurred on the next legislative day, allowing for Texans to have learned through news reports of our second reading vote exactly what we had tentatively passed. Third reading and a vote on the next legislative day would also have allowed our professional staff an opportunity overnight to make sure any amendments passed on second reading are technically correct."

Wentworth's objection to setting aside a portion of the constitution should not be read as opposition to the bill or indifference to the victims of bullying.

After the vote to dispense with the three day rule (vote 3 of 4) SB 205 passed on 3rd reading, 29 to 2 with both Birdwell and Nelson voting "nay." The bill now goes to the House where it will likely be sent to the House Committee on Public Education, which two weeks ago approved HB 1942, the big anti-bullying compromise bill that contains provisions similar to those in SB 205 (read LQ's analysis of HB 1942).

The Senate is expected to take up the state appropriations bill (HB 1) either today or tomorrow, including it's requirement, added via amendment by Rep. Wayne Christian (R-Center), that state universities which have a LGBT resource center equally fund a "Center for Family and Traditional Values." The American Independent has an interesting analysis of the Christian amendment, stating that since almost all LGBT resource centers, including those at Texas A&M and UT Austin, are funded by student fees, not state funds, the mandate to equally fund family and traditional values centers would not apply. A spokesperson for the UT Austin Gender and Sexuality Center confirms that their funding comes from student fees.

SB 723, the anti-trans-marriage bill, still sits, like an unexploded ordinance, on the Senate's schedule but is unlikely to be voted on this week.

Day 107: The House

Today is the 107th day of the 82nd regular session of the Texas Legislature. The House reconvenes at 10, the Senate at 11. Several good pieces of legislation passed both bodies yesterday, but contentious bills under consideration today will undoubtedly slow the process and make for a late evening for lawmakers. Here's what's going on in the Senate, this is what's happening in the House:

The Texas constitution requires bills to be "read" in each chamber on three separate days (the whole bill isn't read, just the bill number and a very brief description, called the "caption"). After the first reading bills are sent to committee for consideration. The second reading is the first opportunity for members to debate or amend the bill on the floor, after which it is voted on. Continued debate is allowed after the third reading but amendment of the bill requires a 2/3 vote. After debate on third reading (and potentially amendment) the whole chamber votes on the bill again. If the bill passes on third reading it is then sent to the other chamber for further consideration.

HB 1666 by Rep. Joaquin Castro (D-San Antonio) expands the states current law against posting on social media sites with the intent to "harm, defraud, intimidate or threaten another person" to include non-social media sites like youtube and blogger. The bill sailed through the House on third reading yesterday, 141 to 1. Freshman Rep. John V. Garza (R-San Antonio) was the lone "nay" vote as even David Simpson (R-Longview), who opposed the bill on second reading voted "yea." It now goes to the Senate for consideration.

HB 2229 by Garnet Coleman (D-Houston) passed the House on second reading after initially being tabled. 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.

HB 2229 seemed poised to pass until an amendment was added by Rep. Ruth Jones McClendon (D-San Antonio) creating a pilot needle exchange program. Texas has had needle exchange programs in the past and they are a proven way to reduce the transmission of HIV and other blood born diseases. However many House Republicans oppose such programs arguing that, by providing clean needles to IV drug users, the state is condoning drug use. The House voted on HB 2229 and it failed to pass, 53 to 89.

After talking with their colleagues Coleman and McClendon struck a compromise. A motion was made to reconsider the vote, McClendon withdrew her amendment, and the vote was taken again. This time HB 2229 passed on second reading, 104 to 36. It is on the schedule to be considered on third reading to today.

Also today, the House is scheduled to begin debate on the contentious issue of redistricting. The state constitution requires that the legislature redraw the House and Senate district borders every ten years in response to the U.S. census. HB 150 by Burt Solomons (R-Carrollton) will redraw the House borders. Solomons' proposal seeks to solidify the current Republican super-majority in the House. The committee hearings on the bill have been heated, with representatives of Hispanic and African American groups claiming that Solomons has purposefully divided their communities and lessened their voting power. The current House borders also dived the historic the "gayborhoods" of Montrose in Houston and Oaklawn in Dallas (Read LQ's Texas House Districts Divide Queer Main Street).

It should be a prime day for House floor watching, if you're so inclined you can watch the whole thing unfold HERE.

Day 106: Cyber-Bullying, HIV Medication and Unfunded Mandates

Today is the 106th day of the 82nd regular session of the Texas Legislature. Both the House and Senate reconvene at 11 am. Today marks the beginning of the final fourth of session. With just five weeks to go the already harried pace of session is only going to accelerate.

In the broad conversation on legislation designed to combat cyber-bullying HB 1666, by Rep. Joaquin Castro (D-San Antonio) has largely stayed under the radar. By law created in 2009 it is illegal in Texas to create a fake profile on a social network site with the intent to "harm, defraud, intimidate or threaten another person." HB 1666 would expand this prohibition to include other, non-social networking, sites. The original legislation creating this law was written by former Republican Representative Brian McCall and passed with broad bi-partisan support, mostly due to McCall's descriptions of little old ladies being taken in by MySpace scams. But the law might also make schoolyard bullies think twice before setting up fake web pages or profiles designed to humiliate their peers and the logical expansion of its reach to non-social networking sites is welcomed. HB 1666 is scheduled to be debated on the House floor today.

Also scheduled in the House today is HB 2229 by Rep. Garnet Coleman (D-Houston). HB 2229 would make permanent the Texas HIV Medication Advisory Committee. Texas has a program that provides medication assistance to low-income HIV-positive people, which is managed by the Texas Department of State Health Services. The Advisory Committee is made up of Doctors, Pharmacist, Nurses, Care Providers and low-income HIV-positive people in the program. It's designed to provide input from people who are on the ground dealing with the day-to-day functioning of the program.

Earlier this year the Department of State Health Services Commissioner, Dr. David Lakey, declined to renew the Advisory Committee when the rule creating it expired. After a massive outcry from Texans he eventually reappointed the committee and they had their first meeting on April 1st. Coleman's bill is designed to prevent future commissioners from taking similar steps and simply creates in the statute what is already happening. HB 2229 was voted out of committee with only one member objecting (Rep. Van Taylor (R-Plano)). Continuing to do what is already being done doesn't cost the the state anything extra, and allowing people who are directly affected by a program to have input in how it functions makes since.

Over in the Senate SB 205 is on the Intent Calendar (a list of bills Senators intend to bring up for a vote), as is HB 1:

SB 205, by Sen. John Whitmire (D-Houston) is one of several anti-bullying bills filed this session. Currently school districts must create student codes of conduct which are designed, in part, to discourage bullying. Whitmire's bill specifies requirements for the anti-bullying portions of those codes, while still allowing a great deal of leeway for the district (read LQ's original review of SB 205).

HB 1 is the budget. Each regular session versions of the budget are filed in both the House and the Senate as HB 1 and SB 1. The two bodies alternate whose version eventually winds up being the "real" budget, but both have an opportunity to edit and change it. This is a House budget year so HB 1, in some form, will likely become the budget for the State of Texas for the next two years.

When the House was creating the budget Rep. Wayne Christian (R-Center) stuck an amendment on it that requires public universities that have GLBT resource centers to also create, and equally fund, a "Center for Family and Traditional Values." (read LQ's analysis of the floor debate on the amendment). The student Senate at Texas A&M has already passed a resolution supporting funding its "Center for Family and Traditional Values" by cutting the GLBT resource center's budget in half. Given the tight budget at public universities and that Christian did not provide and additional funding as part of his mandate, it is likely that, if the amendment becomes law, other schools will be forced to similarly defund, or eliminate completely, their GLBT resource centers. Which, I'm certain, was Christian's intention. (The full text of the budget is HERE, the Christian amendment is on page 459)

The amendment must be removed in the Senate, which will likely tackle HB 1 this week, or it will become law. After the Senate passes it's version of HB 1 a "conference committee" made up of House and Senate members will meet to hash out compromises between the two bodies' versions of the bill. The conference committee is only permitted to make changes to portions of the budget that are different between the two versions. So if the budget passes the Senate with the Christian amendment still intact the conference committee will be unable to do anything to remove it. This is the last chance, at least for the next two years, for Texans to defend this important campus resource from an unfunded mandate designed to deprive queer college students of one of the few places on campus specifically designed to meet their needs.

You can find the contact information for your Senator HERE.

SB 723, the anti-trans-marriage bill, is still on the Senate's General Calendar, but it is unlikely that it will be voted on this week.

A Catch of Co-Authors

The last few days have seen a flurry of additional joint authors and co-authors for bills important to the LGBT community. Joint authors of bills have the same relationship with the bill as the member who filed it. Co-Authors are members who sign on to a bill to show their support. Since bills must be heard in committee before being debated on the floor co-authorship is the only way for members who don't happen to sit on the committee hearing the bill to officially state their support.

Bills under consideration by the 82nd Texas Legislature which have recently added co-authors:

• HB 24 by Ryan Guillen (allowing cyber-bullies to be put in alternative school) added Raphael Anchia
• HB 130 by Carol Alvarado (creating a state-wide bullying hotline) added Richard Pena Raymond and Raphael Anchia
• HB 170 by Richard Pena Raymond added Raphael Anchia
• HB 224 by Mark Strama (anti-bullying bill) added Alma Allen, Carol Alvarado, Raphael Anchia, Eric Johnson and Eddie Rodriguez
• HB 415 by Raphael Anchia (allowing same-sex parents to receive accurate birth certificates for their children) added Armando Walle and Eddie Lucio III
  
• HB 944 by Dawnna Dukes (requiring School Health Advisory Counsel to make recommendations on school bullying policies) added Elliott Naishtat
• SB 242 by Wendy Davis (anti-bullying bill) added Leticia Van De Putte and Eddie Lucio Jr.

Don't see your reps name on a bill that's important to you? Give them a call and ask them to "co-author" the bill. You can find out who represents you HERE.

Unfortunately, HCR 110 by Paul Workman (which instructs President Obama to defend the so-called "Defense of Marriage Act") also added 4 co-authors: Gary Elkins, Dan Flynn, Phil King and Bill Zedler.

Day 50: Here We Go Round the Committee Chambers, at Two O'clock in the Afternoon (or whenever)

Today is the 50th day of the 82nd regular session of the Texas legislature. The House reconvenes at 10 am, the Senate at 11.

Three House committees will hold hearings today on bills that could improve the lives of queer Texans:

• The Criminal Jurisprudence Committee will hear HB 172 by Veasey (D-Fort Worth), which would require the state to study the effectiveness of the James Byrd Jr. Hate Crimes Act, at 10:30 am or when the House finishes their business for the day. More info HERE.
• The Human Services Committee will hear HB 130 by Alvarado (D-Houston), which would create a statewide bullying hot-line, at 2:00 pm or when the House finishes their business for the day. More info HERE.
• The Public Education Committee will hear HB 24 by Guillen (D-Duval, Starr, Webb and Zapata counties) which would allow school administrators to address cyber-bullying and HB 224 by Strama (D-Travis county), which proposes a four-fold approach to fighting bullying (requiring training for teachers, staff, volunteers and students; allowing for the transfer of bullies from their victims classes/campuses; allowing school administrators to address cyber-bullying and requiring schools to compile reports on bullying), at 2:00 pm or when the House finishes their business for the day. More info HERE.

If you would like to watch any of these hearings you may do so on the House website HERE. Be forewarned, the House Administration Committee apparently thinks it's 1998 and so broadcasts committee hearings using RealPlayer, which is notoriously buggy. Expect your window to crash on a regular basis. (I suppose this is an improvement over the House Human Services Committee which seems to think it's 1898.)

The bills will be "laid out" in committee: Each bills author will get up, explain what the bill does, and say why they think it should become law. Members of the public will then have a chance to tell the committee why they think the bill should or should not become law. Finally the bill's author will get to make a closing statement on the bill and the bill will be left "pending" in committee until the committee chair decides to call for a vote. Committees rarely vote on bills the same day they are heard, usually waiting at least a week to take a vote.

The Dallas Voice reported yesterday that Rep. Strama will offer a committee substitute to HB 224 (read Legislative Queery's response HERE). House committees are charged with studying bills and making recommendations to the whole House about whether those bills should become law. The recommendation is called a "committee report". A committee substitute replaces the proposed bill with another bill on the same topic. It is included in the committee report which is then sent to one of the House's five "calendars committees" (different calendars committees handle different kinds of bills). The calendars committee then places the bill on the House schedule for consideration. If there is a committee substitute when the bill is brought up for discussion on the House floor the first order of business will be to approve the committee substitute as a replacement for the original bill. It is not until the whole House votes to "take up" the substitute that it officially replaces the bill.

Chuck Smith, Deputy Director of Equality Texas, posted a link to the proposed committee substitute in the comments section of the Dallas Voice article. He writes that:

"ALL members of our Texas Safe Schools Coalition support the committee substitute language, including Equality Texas, Transgender Education Network of Texas, and the GLBT Issues Committee of the National Association of Social Workers-Texas. "

The Texas Safe Schools Coalition is a group of lobbying and community organizations that have come together to advocate for legislation designed to address bullying.

Bullying Hotline Bill to be Heard in House Human Services Committee

HB 130 by Rep. Carol Alvarado is scheduled for a public hearing in the House Human Services Committee on Tuesday, March 1 at 2:00 pm (or later if the House isn't finished with it's business by then (which is unlikely)). The bill would create a statewide hot-line and website to allow students to report bullying if the bullying takes place on school campus or at school events. Reports of bullying would be forwarded to the students school principal, or if the bully is not a student to the local police.

Alvarado's bill is interesting because it doesn't actually say anything specifically about protecting LGBT students. It simply creates a statewide bullying hot-line, which will allow the state to compile statistics on bullying and also create oversight for local police and school administrators who may not wish to enforce the existent rules and laws against bullying.

Alvarado's first challenge will be convincing a relatively homophobic committee (even the Democratic Chair (Raymond) has supported a ban on gay foster parents and is decidedly against marriage equality) that HB 130 is not a "gay bill" - but rather a bill that would help all Texas students.

The second challenge is going to convincing "small government" Republicans on the committee like Morrison, Hughes Hunter, Laubenberg and Taylor that the State has any business meddling in the local affairs of a school district (that meddlesome state, just because they provide the funding and set the curriculum they think they can tell school districts not to let kids be mercilessly tortured). It's a difficult case to make in a legislative environment that seems intent on dismantling the government, rather than actually governing.

Alvarado's idea is so simple, so basic, that it's hard to find any fault with it. I suspect, however, that the committee will politely listen to all the testimony and then quietly sit on the bill, never bringing it up for a vote.

Is 1-800-Bullying Taken?

HB 130 by Rep. Carol Alvarado would create a statewide hotline and website to allow students to report bullying if the bullying takes place on school campus or at school events. Reports of bullying would be forwarded to the students school principal, or if the bully is not a student to the local police.

Makes sense to me. This bill would allow students to report instances of bullying without having to face their teachers and faculty. I am concerned, however, that the bill does not create a requirement for school administrators to follow through on the reports and that it only applies to bullying on campus or at school events.

Cyber-bullying in particular is committed off campus most of the time. It's the internet age, we must give school administrators modern tools to address modern problems. Any legislation that does not permit administrators to address off-campus bullying will fail to protect Texas school children.