The 87th Texas Regular Legislative Session officially adjourned Sine Die, “without day,” on Memorial Day, but plans are already being made to bring them back at least twice for special sessions. Meanwhile, Republican primary races for March 2022 are already taking shape.
The legislative interim – the time between the Memorial Day adjournment and the next regular legislative session starting in January 2023 – promises to be anything but dull.
Texas Legislature ends with a bang
While the last several legislative sessions have adjourned largely without incident, the ending of this one was anything but. On Sunday, May 30, when the House was taking final action on conference committee reports (ironing out the differences between the House and Senate versions of the same bill), Senate Bill 7, the election security bill (which the Democrats refer to as a “voter suppression” bill), was brought up for discussion.
With a little less than an hour and a half before the deadline for the House to take up and approve conference committee reports, the Democrats planned to speak against the bill long enough to run out the clock. Republicans were planning a parliamentary maneuver to cut off debate and force a vote on the bill. To avoid the measure ultimately being voted on, a number of Democrats took the keys to their voting machines and left the Capitol, breaking a quorum. In the absence of a quorum, the House adjourned leaving several conference committee reports unadopted.
Across the rotunda, Lt. Gov. Dan Patrick criticized House leadership for mismanaging the last days of session as deadlines loomed, and Gov. Greg Abbott released a statement confirming that election integrity and bail reform were still must-pass emergency items that would be added to a special session agenda. He also threatened to veto the portion of the upcoming biennial budget (that the Legislature had passed and takes effect Sept. 1) that would fund the Legislature – including staff.
While the Democrats bought some time, these two bills are likely to eventually pass during an upcoming special session of the Legislature later this year, exact dates to be announced by the governor. Lawmakers could be back in Austin as early as this summer. An announcement isn’t expected until after the governor’s veto period ends on June 20.
Abbott has confirmed there will be two special sessions – one for these priority bills that did not pass, and another for redistricting and the allocation of nearly $16 billion in federal funds for COVID-19 recovery, which have not yet arrived.
As you’ll recall, the coronavirus pandemic delayed the 2020 census, thus delaying redistricting, which is the Legislature’s charge to draw new legislative and congressional districts based on shifts in population seen in the census data. A special session for redistricting is anticipated in September or October.
Priority bills that passed
While some of the state leadership’s big-ticket items did not make it across the finish line, several did, including: expanding rural broadband access, preventing local defunding of police, liability protection from COVID-related lawsuits, reform of ERCOT (which operates the state’s electric grid), and power grid stability. In addition, the must-pass biennial state budget was approved. Abbott called this “one of the most conservative legislative sessions our state has ever seen.”
Industry-specific measures
The Legislature passed several bills of particular interest to the dairy industry, all of which were supported by the Texas Association of Dairymen:
Texas Sunset Commission. Every two years the Sunset Commission reviews state agencies to determine whether the agency is operating as intended and ensure there is no duplication or overlap with another agency. The Sunset process works by setting an automatic termination (Sunset) date in state law on which an agency will be abolished unless the Legislature passes a bill to continue it, typically for another 12 years. This cycle the Commission reviewed 19 agencies. Two agencies of particular interest to the dairy industry, the Texas Department of Agriculture (TDA) and the Texas Animal Health Commission (TAHC), were both part of that. SB 703 by Sen. Dawn Buckingham (R-Lakeway) and Rep. Terry Canales (D-Edinburg) renews the TDA for 12 years and included reform measures to streamline the agencies core functions and improve stakeholder engagement. SB 705 by Sen. Eddie Lucio, Jr. (D-Brownsville) and Rep. John Cyrier (R-Lockhart) continues the TAHC for 12 years and adopts Sunset Commission recommendations including replacing the TAHC lab and naming the Texas A&M Veterinary Medical Diagnostic Laboratory (TVMDL) as the state’s regulatory animal health lab; eliminating statutory lists specifying animal diseases TAHC is required to control, eradicate or report; and allowing TAHC to establish quarantine areas in rule rather than statute.
Rural Vet Incentive Program. HB 1259 by Rep. Drew Darby (R-San Angelo) and Sen. Kel Seliger (R-Amarillo) transfers the administration of the rural veterinarian incentive program from Texas A&M University to the Texas Animal Health Commission. The transfer of authority from A&M recognizes that there are now two veterinary schools in the state. The bill would pay for student loan forgiveness for each year of service in a rural area, meaning that a student could receive greater financial assistance the longer they agreed to serve in a rural county.
Protection of Animal/Crop Facilities. HB 1480 by Rep. John Cyrier (R-Lockhart) and Sen. Lois Kolkhorst (R-Brenham) addresses concerns with individuals entering agricultural facilities without the consent of facility owners/operators that have resulted in damage and destruction of livestock and facilities. Under the provisions of the bill, a criminal offense is created that is punishable as a Class B or Class A misdemeanor with the specific punishment based on the amount of loss to the animal or crop facility.
Unfortunately, several bills supported by the Texas Association of Dairymen that would benefit the dairy farmers did not make it to the governor’s desk:
Emergency Milk Disposal. HB 3387 by Rep. Glenn Rogers (R-Graford) and Sen. Drew Springer (R-Muenster), relating to the authorization for certain land applications and discharges into retention facilities of dairy waste, was a victim of the back-and-forth politics between the House and Senate in the waning days of session. It had broad support but ultimately did not pass after Lt. Gov. Dan Patrick limited passage of bills set on the Senate’s Local & Uncontested Calendar, in retaliation for the House killing several of his priority bills.
Meat Labeling. Several bills filed this session addressed confusion around labeling of plant-based and cell-based proteins as meat products. The bills sought to strengthen consumers’ understanding of purchased food products by requiring clear, accurate labels of plant-based products. By codifying the definition of “meat,” the bill would prevent plant-based companies from potentially misleading consumers about the way they market their meat alternatives. SB 1145/ HB 316 by Sen. Charles Perry (R-Lubbock) and Rep. Brad Buckley (R-Killeen) were the bills that progressed through the process the furthest, yet ultimately failed to pass.