Weekly-Legislativ.. - Dallas Regional Chamber

Weekly Legislative Update
January 13, 2017
Dear Members,
We will be distributing a Weekly Legislative Update throughout the session to keep you up to
date on legislative activity. Please contact the DRC Policy Team with any questions or
comments.
DRC Activities:
On Tuesday, Virginia Schaefer attended the swearing in ceremonies and key events marking the opening
of the 85th Texas Legislative Session. The following day, our CEO, Dale Petroskey, Virginia Schaefer,
and CEOs of the Metro 8 Chambers met with key legislators, including Governor Greg Abbott, to
advocate for priorities on the Metro 8 legislative agenda.
STATEWIDE:
85th Session of the Texas Legislature - The 85th session of the Texas Legislature was kicked off at noon
on Tuesday, January 10, 2017. As prescribed by the Constitution, the regular session of the legislature
will last for 140 days. The last day of the session will be May 29, 2017. Both the Senate and House were
in session on Tuesday and Wednesday this week. They gave each other the required permission to
adjourn for more than three days. They will take off Monday in celebration of the Martin Luther King, Jr.
state holiday and will be back in session on Tuesday of next week.
SENATE:
Lt. Governor Dan Patrick started out the week on Monday with a press conference announcing his
intention to seek re-election as Lt. Governor in 2018. He put to rest rumors that he might run for governor
in 2018 saying, “Put it in cement. I'm not in 2018 and never running against Greg Abbott for governor.
He's a great governor, we make a great team.”
On Tuesday, Lt. Governor Patrick gaveled in the Texas Senate. He said, "As the Capitol welcomes
legislators from all over the State of Texas, I am proud to gavel in the opening of the Texas Senate for the
85th session of the Texas Legislature. Our state faces many challenges this session, but I have great
confidence in the commitment of the hard-working senators of this state and the people of Texas who
elected them. In all our deliberations, maintaining our conservative principles and protecting Texas values
will be our top priority. I have already announced my Top 25 priorities for this session, and I am eager to
get to work.”
Lt. Governor Patrick’s Priorities – Lt. Governor Dan Patrick’s previously-announced legislative
priorities include:
SB 1 – 2017 Budget Proposal – “We will pass a balanced budget that will strengthen the Texas economy
and assure that it retains its global competitiveness.”
SB 2 – Property Tax Reform – “Texans pay the sixth highest property taxes in the nation and the high
rates are taxing people out of their homes and hampering business growth. This must change.”
SB 3 – School Choice – “There is broad support for legislation to ensure that every parent has the option
to send their child to the school they believe is best for them.”
SB 4 – Sanctuary Cities – “No city in Texas should be allowed to ignore the law. We will end this
practice once and for all this session.”
SB 5 – Photo Voter ID – “Nothing is more critical to our democracy than the integrity of the voting
process. Photo Voter ID is essential.”
SB 6 – Women's Privacy Act – “A majority of Texans in both political parties and in every ethnic and
demographic group believe that women and girls should have privacy and safety in their restrooms,
showers and locker rooms. Unfortunately, legislation is necessary to assure that they do.”
SB 7 – Inappropriate Teacher-Student Relationships – "Pass the Trash” – “With the rapid increase
in the number of inappropriate teacher-student relationships, legislation is needed to strengthen the
reporting and training requirements, and establish appropriate penalties. Priority must be given to
protecting our students at every level of the school system.”
SB 8 – Fetal Tissue/Partial Birth Abortion – “We will continue to fight to protect the dignity and
sanctity of life by increasing criminal penalties for buying or selling human fetal tissue, among other
protections, and we will ban partial birth abortion in Texas.”
SB 9 – Spending Cap – “We will continue to fight to strengthen the state spending limit so our
government lives within its means.”
SB 10 – Hailstorm Lawsuit Reform – “We will rein in the hailstorm lawsuit abuse that is damaging
local economies around our state.”
SB 11 – DFPS Child Protection Bill – “SB 11 will strengthen our ability to protect Texas children by
enhancing investigations to reduce abuse and neglect and ensure child safety, addressing access to
appropriate treatment and placement options, improving foster care contract oversight and accountability,
and strengthening adoptions.”
SB 12 – Protective Vests for Police – “Texas has over 77,000 licensed law enforcement officers and our
state has lost more law enforcement officers in the line of duty than any state in America. SB 12 will
ensure that the safety of police officers across the state is a top priority, including helping provide police
with protective vests capable of stopping high-caliber bullets. Some of the officers killed in the deadly
Dallas sniper ambush had bullet-proof vests that were ineffective against high-caliber rounds.”
SB 13 – Union Dues – “SB 13 will ensure taxpayer funds are not used to support the collection of union
dues.”
SB 14 – Ethics Reform – “SB 14 will strengthen Texas ethics laws, and ensure government officials and
employees are held to high standards that inspire the public's confidence in a transparent and ethically
principled government.”
SB 15 – First Responder Property Tax Relief – “SB 15 will create a homestead tax exemption for the
surviving spouse of a first responder killed in the line of duty. The bill will include spouses of previously
deceased responders.”
SB 16 – License to Carry Fee Reform – “SB 16 will continue to support 2nd Amendment rights by
making lawful carry more affordable for the average law abiding citizen. Texas currently has one of the
highest License to Carry fees in the country, and we will fix that.”
SB 17 – Franchise Tax Reduction – “SB 17 will continue to explore phase-out options of the franchise
tax.”
SB 18 – Tuition Set-Asides – “SB 18 will stop Texas families from being forced to subsidize college
costs for others.”
SB 19 – Tuition Reform – “The state has increased funding for higher education, but tuition and fees
have continued to rise. Taxpayers must be assured they are getting a quality education at a cost they can
afford. SB 19 will prevent tuition and fees from continuing to outpace what hardworking Texans earn.”
SB 20 – Prohibiting Abortion Insurance Coverage – “It's imperative that we continue to fight for life
and for those who do not have a voice. SB 20 will protect Texans from being forced to pay for someone
else's decision to end an innocent life.”
SB 21 – Convention of States – “I support the efforts of Governor Greg Abbott in adopting a call for an
Article V ‘Convention of States’ to limit the power of the federal government.”
SB 22 – Pathways in Technology Early College High School (P-TECH) – “By targeting workforceready partnerships between K-12, higher education and industry, we will continue to improve our
workforce and prepare students to be successful in today’s competitive and rapidly changing economy.”
SB 23 – E-Verify – “I will continue the efforts of the Texas Legislature in the electronic verification of
employment authorization. This will ensure that individuals employed by state partners are also
authorized for employment.”
SB 24 – Religious Liberty/Sermon Safeguard – “The Senate will continue to protect the most
fundamental First Amendment religious liberty rights by protecting pastors from forced testimony and
shielding sermons from government subpoena power.”
SB 25 – Wrongful Birth – “The Senate will continue to fight to protect and value the lives of children
born with disabilities by prohibiting this cause of action in Texas.”
Election of President Pro Tempore - The Senate unanimously elected Senator Kel Seliger (R-Amarillo)
as the President Pro Tempore for the Senate. Senator Seliger was nominated by Senator Jane Nelson (RFlower Mound). Senators Kirk Watson (D-Austin), Charles Perry (R-Lubbock), Craig Estes (R-Wichita
Falls), and Judith Zaffirini (D-Laredo) also spoke and highlighted his personal and professional
accomplishments. Senator Seliger will officially serve as Governor on occasions when both the Governor
and Lt. Governor are out of the state.
Senate Rules – On Wednesday, the Senate adopted SR 3, the Senate rules resolution. Senator Royce
West (D-Dallas) offered an amendment to change the rule requiring a vote of three-fifths of the Senators
to bring a bill to the floor to a two-thirds rule requirement (which was the Senate rule prior to 2015). The
West amendment was tabled by a vote of 20 to 11 along party lines with the 20 Republicans against the
amendment and the 11 Democrats in support. The rules were ultimately adopted by a vote of 29-2 with
Senators Sylvia Garcia (D-Houston) and Jose Rodriguez (D-El Paso) voting “no.”
Changes in Senate rules included:
•
The Committee on Criminal Justice was changed from seven to nine members.
•
The name of the Committee on Veteran Affairs and Military Installations was changed to the
Committee on Veteran Affairs and Border Security and the Subcommittee on Border Security
was eliminated.
New Senate Members - 3 new Senate members were sworn in on Tuesday. The new members are:
District 1 – Bryan Hughes (R-Mineola)
District 13 – Borris Miles (D-Houston)
District 24 – Dawn Buckingham (R-Lakeway)
Partisan Numbers - In 2015, the Senate had 20 Republicans and 11 Democrats. This session, there are
still 20 Republicans and 11 Democrats.
Next Week: The Senate will reconvene at 11:00 a.m. on Tuesday, January 17, 2017.
HOUSE:
The House was convened by Secretary of State Rolando Pablos. He presided over the House until the
Speaker was elected.
Election of Speaker - The first order of business after the swearing in was election of the Speaker of the
House. Representative Joe Straus (R-San Antonio) was unanimously elected to a record-tying fifth term
as Speaker of the House. Representative Chris Paddie (R-Marshall) gave the nominating speech for Joe
Straus. Seconding speeches were made by Representatives Mark Keough (R-The Woodlands), Poncho
Nevarez (D-Eagle Pass) and Linda Koop (R-Dallas). In accepting the gavel, Speaker Straus said, “What
looms larger than any single bill is the set of core principles that I hope will guide our work. These
principles form the foundation of our approach to governing. They transcend politics and personal
ambitions, because they speak to our common experiences as Texans and our shared vision as public
servants. The Texans we represent are kind, and they are decent, and they are charitable. Our constituents
don’t expect us to agree on every issue. They want us to defend our core beliefs. But they also want
solutions. They want us to conduct ourselves with civility and respect: respect for each other, and respect
for the process of governing. Throughout this session, our shared principles will be tested. And so will the
goodwill that fills this chamber today. But Texans are watching, and we have an opportunity. We can
show that there’s still a place for thoughtful and inclusive leadership. We can show that elected officials
still know how to solve problems. And we can show that, when necessary, principled leaders still have the
courage to compromise. Compromise has become a dirty word in politics. But in reality, it’s how we find
common ground to achieve the common good. And it’s a good word in this House. Making difficult
decisions invites criticism. It comes with the territory. But I like to remember something I read last year
about one of my favorite presidents and political heroes, George H.W. Bush. Long before he was
President Bush, he was Congressman Bush from Houston. And in the late 1960s, he came under attack
because he supported legislation aimed at ending racial discrimination in the housing market. But George
Bush didn’t back down. In fact, he described one critic this way, ‘He couldn’t have been uglier and
meaner. But that just made me more determined to do what was right.’ Fifty years later, this is our time to
do what’s right, and to conduct ourselves in the right way.”
In his speech, Speaker Straus outlined his priorities:
Economic Strength – “We believe that our economic strength comes from a healthy and robust private
sector. Our economy prospers when government stays out of the way. Low taxes and reasonable
regulations - these are the Texas model. And with the 11th largest economy in the world, we know that the
Texas model works. We believe that it’s the private sector that creates opportunities, not the government,
and certainly not the Legislature. But we can encourage economic growth by setting and acting on the
right priorities. If someone wants to invest in Texas – if they want to create jobs and opportunities in this
state - we should welcome them. This state should invite economic activity, not turn it away.”
Mental Health – “With the right reforms to our mental health system, we can improve millions of lives
and save millions of dollars in our jails and emergency rooms. Sensible decisions today will reduce costs
in the long run.”
Education – “We believe that education is the key to our future. Nothing will take this state further than a
well-educated workforce. Great local schools are the backbone of this state and the heart of many
communities. More than 5 million students attend Texas public schools, which cultivate a curiosity and a
confidence that will carry those children through life. We want every campus to excel, but they need our
help. Educators and this Legislature should aspire to be partners, not adversaries. Our school finance
system may meet the legal definition of constitutional. But parents and taxpayers know something
different. They know that the system is broken. And, they know that it’s our job to fix it.”
Child Protective Services – “We believe that children should never have to live in fear of their own
parents. Home ought to be a place of love and support, not abuse and violence. We’ve begun improving
Child Protective Services, but our work is far from finished. We can all agree that protecting children is
one of the state’s basic and most important responsibilities. Traumatized children should not be sleeping
in government office buildings because they have no safe home and no place else to go. This is Texas.
And Texas should be better than that.”
Housekeeping Resolution - On Wednesday, the House debated and adopted HR 3, the Housekeeping
Resolution governing the administration and operation of the House. Changes from the 84th session
include:
•
The salary cap for an employee of a House member was increased from $5,151 to $5,280 per
month.
2 amendments were adopted prior to its unanimous passage including:
•
Requiring the House Administration committee to adopt a policy that allows members the use of
House audio or visual resources and providing that those resources can only be prohibited if the
use is otherwise prohibited by law, the use maligns the reputation of an individual, or the use is
for political advertising.
•
Requiring the House Administration Committee, in consultation with the State Preservation
Board, to identify and establish a space that provides privacy, security, a water faucet, and a
power outlet, within or near the hall of the House for use for breastfeeding or breast pumping by
House members, employees and media representatives with floor privileges when the House is in
session.
Representative Matt Schafer (R-Tyler) initially offered an amendment requiring bathrooms in the capitol
to be used by people based on birth gender. Representative Charlie Geren (R-Fort Worth) raised a pointof-order that the amendment was not germane because the State Preservation Board and not the House of
Representatives has jurisdiction over bathrooms in the capitol building. Ultimately, the amendment and
the point-of-order were withdrawn.
House Rules – Also on Wednesday, the House spent four hours debating HR 4, the permanent House
rules. Changes to House Rules included:
•
Making technical corrections to conform House committee jurisdiction lists to official names of
state agencies that have changed.
•
Providing that bill authors are no longer allowed to request a bill analysis from the Texas
Legislative Council; however, committees can continue to make the requests.
•
Providing that committee staff is no longer required to distribute non-Texas Legislative Council
drafted bill analyses to authors at least 48 hours before the bill is laid out in committee for the
first time.
•
Requiring posting of formal meetings on Senate bills.
•
Eliminating the requirement that the committee coordinator examine the feasibility of video
testimony and establish procedures to permit individuals to submit testimony through an online
video.
Floor amendments that were adopted included:
•
Adding “cybersecurity” to the jurisdiction of the Government Transparency and Operation
Committee.
•
Requiring committees to make available to the public on the Internet any proposed committee
substitute or amendment laid before the committee.
•
Requiring the House Administration Committee to ensure that an audio and video recording of
the public hearings, formal meetings or work sessions of the Appropriations Committee or its
subcommittees are available on the Internet in a timely manner.
•
Allowing a House member to permit a person to execute an electronic witness affirmation form
from the member’s capitol or district office (if practicable using available technology and
available staffing).
Proposed amendments that failed would have:
•
Required the vote of each member of the Local and Consent Calendars Committee for each bill
not unanimously approved to be recorded in the minutes.
•
Prohibited informal “tagging” of a bill in the Calendars Committee.
•
Required 24-hour posted notices and formal meetings of conference committees.
•
Required the speaker to recognize a member who seeks recognition on a motion to amend a bill,
resolution, or amendment (even if there has been an informal indication that it is not germane).
•
Prohibited bills from being postponed more than three times after debate has commenced on the
bill.
•
Required electronic witness affirmation forms to be made available on the House Internet website
and allowed members of the public to electronically submit the form to House committees in
support or or opposition to a bill.
•
Allowed bill authors to correct a bill analysis to prevent a potential sustainable point of order.
New House Members - 22 new House members were sworn into the Texas House. Four former members
returned to the House.
New House members:
District 5 – Cole Hefner (R-Mt. Pleasant)
District 7 – Jay Dean (R-Longview)
District 18 – Ernest Bailes (R-Shepherd)
District 20 – Terry Wilson (R-Marble Falls)
District 33 – Justin Holland (R-Heath)
District 49 – Gina Hinojosa (D-Austin)
District 54 – Scott Cosper (R-Killeen)
District 60 – Mike Lang (R-Granbury)
District 64 – Lynn Stucky (R-Sanger)
District 71 – Stan Lambert (R-Abilene)
District 73 – Kyle Biedermann (R-Fredericksburg)
District 77 – Evelina “Lina” Ortega (D-El Paso)
District 107 – Victoria Neave (D-Dallas)
District 116 – Diana Arevalo (D-San Antonio)
District 118 – Tomas Uresti (D-San Antonio)
District 120 – Barbara Gervin-Hawkins (D-San Antonio)
District 126 – Kevin Roberts (R-Houston)
District 128 – Briscoe Cain (R-Deer Park)
District 130 – Tom Oliverson (R-Cypress)
District 139 – Jarvis Johnson (D-Houston)
District 146 – Shawn Thierry (D-Houston)
District 150 – Valoree Swanson (R-Spring)
Former Members That Returned to the Texas House:
District 4 – Former Representative Lance Gooden (R-Terrell)
District 55 – Former Representative Hugh Shine (R-Temple)
District 117 – Former Representative Philip Cortez (D-San Antonio)
District 144 – Former Representative Mary Ann Perez (D-Houston)
Partisan Numbers - In 2015, the Texas House had 99 Republicans and 51 Democrats. This session, the
House has 95 Republicans and 55 Democrats.
Next Week: The House will reconvene on Tuesday, January 17, 2017 at 2:00 p.m.
BUDGET:
Biennial Budget Estimate – On Monday, Texas Comptroller Glenn Hegar released the state’s Biennial
Revenue Estimate (BRE), which projected the state to have approximately $104.9 billion in revenue
available for general-purpose spending during the 2018-19 biennium. That amount represents a 2.7
percent decrease from the amounts available for the 2016-17 biennium. Comptroller Hegar said, “It’s
important to note that this decline is not due to a projected drop in total revenue collections from the
2016-17 biennium to the 2018-19 biennium.” The estimate is projecting overall revenue growth from the
current biennium to the next. However, the growth is offset by a significantly lower beginning balance of
$1.5 billion. (Prior to last session the beginning balance was $7.29 billion.) In addition, a 2015 voterapproved constitutional provision (Proposition 7) dedicates up to $5 billion in biennial sales tax revenue
to the State Highway Fund (SHF) starting in the 2018-19 biennium to address transportation
infrastructure needs. The comptroller added, “Ongoing weakness in activity related to oil and natural gas
has been a drag on state economic growth and led to lagging revenue collections in 2016. Still, the
diversity of the Texas economy has allowed for slow but continued economic expansion and steady
growth in employment, which we expect to continue over the coming biennium. Texas stands in contrast
to other states with large energy industries, many of which have suffered declines in employment and
economic output.” Comptroller Hegar concluded, “While our state revenues were down in 2016 and we
face some difficult decisions in the coming months, Texas remains fiscally healthy. Despite energyrelated headwinds, Texas has gained 210,000 jobs in the last year, and while our gains have not been at
the same rapid rate as a few years ago, it is important to note that we have added jobs in 19 of the last 20
months. We have also seen signs of possible improvement in recent months, with some modest
acceleration in job growth and oil prices and rig counts rising. And December brought the best monthly
sales tax revenue collections since May 2015.” Specifics of the biennial revenue estimate:
Sales Taxes - Sales tax collections make up the state’s single largest source of General Revenue-Related
(GR-R) revenues. The BRE projects GR-R revenues from sales taxes to be nearly $62.0 billion in the next
biennium. Subtracting about $4.7 billion dedicated to the State Highway Fund as a result of the passage of
Proposition 7 leaves nearly $57.3 billion.
Other General Revenue - Added to sales taxes are other GR-R revenues of $49.2 billion and a beginning
balance of approximately $1.5 billion, bringing the subtotal to $108.0 billion. From this subtotal, $3.1
billion will be set aside for transfers to the Economic Stabilization Fund (ESF) and the State Highway
Fund (SHF), leaving $104.9 billion available to the Legislature for general-purpose spending in the next
biennium.
Motor Vehicle Taxes - Motor vehicle-related taxes, including sales, rental and manufactured housing
taxes, are expected to reach $9.87 billion, up 6.7 percent from 2016-17.
Oil Production Taxes - Oil production tax collections are projected to generate $4.7 billion in the 201819 biennium, a 32.3 percent increase from $3.6 billion generated in the current biennium.
Natural Gas Taxes - Natural gas tax collections in the 2018-19 biennium are expected to be $1.7 billion,
27 percent more than the $1.3 billion collected in 2016-17.
Franchise Taxes - The state’s franchise tax revenue for all funds is estimated to be $7.8 billion for 201819, a 2.4 percent increase.
Rainy Day Fund - The state’s Rainy Day Fund balance currently stands at approximately $10.2 billion.
Absent any additional appropriations that might be made by the Legislature, the balance is expected to be
$11.9 billion at the end of the 2018-19 biennium.
Overall State Revenue - State revenue from all sources and for all purposes is expected to reach $224.8
billion for the 2018-19 biennium, including approximately $74.9 billion in federal receipts, along with
other income and revenues dedicated for specific purposes and therefore unavailable for general-purpose
spending.
Texas Economy - Following a strong 5.9 percent increase in real gross state product in fiscal 2015, the
Texas economy is estimated to have grown by only 0.2 percent in fiscal 2016. In fiscal 2017, the Texas
economy is projected to grow by 2.5 percent. That growth rate should increase slightly to 3.0 percent in
fiscal 2018 and 3.1 percent in fiscal 2019. Employment growth is expected to be 1.9 percent in fiscal
2018 and 1.7 percent in fiscal 2019, while the state’s unemployment rate is expected to remain relatively
unchanged at 4.5 percent in both fiscal 2018 and 2019.
Governor Greg Abbott commented on the revenue estimate saying, “Texans expect their government to
live within its means, and I fully expect to sign a budget that does just that. As fiscal conservatives, we
must treat our state budget the way families do – by funding our priorities, while constraining the size and
growth of government. I will work with the Legislature this session to craft a budget that funds our most
vital services without growing faster than the growth of population and inflation.”
Lt. Governor Dan Patrick also commented, "We anticipated Comptroller Hegar's announcement would
report that we have less to spend than we did at this time in 2015. Although questions were raised at the
time, we were clearly right to leave $6 billion on the table at the end of the 2015 session. Going into the
2017 session, we have an ending balance of $1.5 billion. My commitment going forward is to continue to
be guided by the conservative principles that inform everything we do - striving for a lean and efficient
government while still meeting the needs of Texans. This is critical because, nearly ninety percent of our
general revenue budget is spent on education and health care. Today's revenue estimate strengthens our
resolve to continue to live within our means and not spend more than the growth of population times
inflation."
State Spending Cap – On January 10th, Senator Kelly Hancock (R-North Richland Hills), filed SB 9,
which sets the state spending cap formula based on population growth and inflation. Senator Hancock
said, "In Texas, fiscal responsibility isn't just a catch phrase, it's a mandate from the people. While I fully
expect we'll pass a conservative budget this session, this spending cap bill looks ahead to future
Legislatures to provide permanent protection against sky-high government spending." The state spending
limit was originally adopted into the Texas constitution in 1978. It says that certain types of state
spending cannot exceed the rate of growth of the overall economy. However, current law directs the
Legislative Budget Board (LBB) to calculate Texas' economic growth rate using personal income growth
statistics. Personal income typically grows at a faster rate than the overall economy. SB 9 directs the LBB
to use a population times inflation formula when calculating the spending limit, rather than personal
income. It also expands the base of funds, or types of spending, that must be included when calculating
the limit.
Lt. Governor Dan Patrick commented on the filing of SB 9 saying, "The people of Texas elected us to
produce a conservative budget that ensures taxpayer dollars are spent wisely and that government growth
does not exceed increases in inflation times our population. SB 9 puts that commitment into law and
ensures that the state of Texas continues to live within our means. I applaud Senator Hancock for filing
SB 9 and for his commitment to upholding the conservative principles of a lean and efficient government
that have made Texas an economic leader."
GENERAL BUSINESS:
Texas Privacy Act – On January 5th, Senator Lois W. Kolkhorst (R-Brenham) and Lt. Governor Dan
Patrick (R-Houston) held a press conference to announce the filing of Senator Kolkhorst’s SB 6, known
as the Texas Privacy Act. Senator Kolkhorst explained that she became interested in the issue in May of
2016, when the Federal Government issued a letter to all schools, requiring them to provide students
access to restrooms, showers, and dressing rooms based on "an individual's internal sense of gender."
Kolkhorst said that she has been a longtime privacy advocate, and she explained that her bill provides
clear state guidance to public schools and buildings and requires them to provide an expected level of
privacy. SB 6 sets standards for public facilities, but it does not change the right of Texas businesses to
decide their own policy. Additionally, private entities that lease a public facility such as a stadium or
convention center would have the ability to adopt whatever policy they wish for their event. Senator
Kolkhorst said, "This bill is written not to begin a controversy, but to end one. The Texas Privacy Act is a
thoughtful solution to a sensitive issue. It preserves an expected level of privacy for our public schools
and buildings. At the same time, it also allows for schools and universities to make personal
accommodations for those requesting an alternate setting. SB 6 also allows Texas businesses to determine
their own policy without government interference." SB 6 would also enhance the penalties for a crimes
committed in a bathroom against any individual, regardless of their sex or gender identity.
Lt. Governor Dan Patrick kicked off the press conference by saying, "The people of Texas elected us to
stand up for common decency, common sense and public safety. This legislation codifies what has been
common practice in Texas and everywhere else forever - that men and women should use separate,
designated bathrooms. It is supported by an overwhelming majority of Texans including both Democrats
and Republicans, Hispanics, African-Americans and Anglos, men and women. SB 6 also ensures that
businesses have the freedom to determine their own bathroom policies and that no public school can
institute a bathroom policy that allows boys to go in girls restrooms, showers and locker rooms and girls
to go in boys restrooms, showers and locker rooms. This issue is not about discrimination - it's about
public safety, protecting businesses and common sense."
Texas Association of Business is coordinating a group called Keep Texas Open for Business, which
opposes SB 6. TAB President Chris Wallace called the “Texas Privacy Act’ discriminatory, anti-business,
and unnecessary legislation that is “poised to have an immediate and detrimental impact on Texas’
economy.” He said, “The bill is strikingly similar to North Carolina’s HB 2 law. Both pieces of
legislation ban transgender people from using public school, university, and government building
restrooms, and prohibit municipalities from passing transgender-inclusive public accommodations
policies. The North Carolina law has cost the state nearly one billion dollars in lost economic revenue in
just under 10 months. All Texans care deeply about safety and privacy, but SB 6 isn’t about either of
those things. SB 6 is discriminatory and wholly unnecessary legislation that, if passed, could cost Texas
as much as $8.5 billion in GDP and the loss of more than 185,000 jobs in the first year alone. This
legislation will needlessly jeopardize jobs, investment, innovation and tax revenue for our state, and it
sullies our reputation as an open, inclusive and welcoming state. It is also wholly unenforceable and
unsupported by any public safety evidence, and will create situations that invade the privacy of Texans
from all walks of life.”
Senate Democratic Caucus - Senator José Rodríguez (D-El Paso), Chairman of the Texas Senate
Democratic Caucus, said, "The implications of this bill are truly frightening for all Texans. It would
effectively deputize any person to report someone she or he thinks is using an ‘incorrect’ bathroom for
enhanced prosecution - including children. The bill would put a target on the back of innocent transgender
and gender-nonconforming people who want nothing more than to go about their lives in peace. As it is,
this community disproportionally experiences harassment, homelessness, and violence. Also, the bill
would overturn the will of local governments who have thoughtfully considered what nondiscrimination
protections make sense for their communities. Discounting the will of voters is not conservative.”
Texas AFL-CIO – John Patrick, President of Texas AFL-CIO said, “The proposed ‘bathroom bill,’ SB 6,
would stigmatize vulnerable Texans and threaten our jobs and our economy for the sake of political
grandstanding. With no foundation in reality, bills like SB 6 manufacture high-profile fights that bury the
real priorities of our state in a pile of narrow ideological mandates. Instead of focusing on good jobs,
education, the safety of our children, health care and a crumbling infrastructure, SB 6 manufactures a
crisis that does not exist. The last thing this state needs is to duplicate the debacle we just witnessed in
North Carolina, which hurt its reputation, built discord that may last a generation, and turned away
hundreds of millions of dollars in jobs and other benefits so state leaders could wrest power from local
communities and substitute their own beliefs."
Texas Values Action - Nicole Hudgens, Policy Analyst for Texas Values Action also commented on SB
6 saying, “The State of Texas has a duty to protect the privacy, safety, and dignity of all Texans especially in government buildings. This law ensures common sense - that men and boys should not be in
girls’ locker rooms and bathrooms. Since some local governments and school boards in Texas continue to
push for allowing boys and men into girls bathrooms, we need a state law to have basic, consistent and
transparent standards on this important issue across the state. ”
HEALTH:
Select Committee on Mental Health – On January 5th, the Select Committee on Mental Health released
its report and recommendations for the 85th session. House Speaker Joe Straus formed the Select
Committee in November 2015 and asked them to take a comprehensive look at the behavioral health
system for adults and children in Texas. Speaker Straus said, “The opportunity to improve our mental
health system this year is real and it’s important. A smarter approach to mental health will improve
treatment and care while saving taxpayers money. This report will give the House valuable guidance, and
I want to thank Chairman Four Price and the entire Committee for their outstanding work.” The report
recommends:
•
Early intervention and prevention measures for school-aged children in order to prevent more
severe mental health issues;
•
Strengthening and expanding jail diversion programs;
•
Using education incentives to address mental health workforce shortages; and
•
Encouraging approaches to health care that integrate both physical and mental care.
Center for Public Policy Priorities - In response to the select committee’s report, CPPP Executive
Director Ann Beeson said, "We are pleased to see the Select Committee on Mental Health, led by
Chairman Four Price, call for such important mental health reforms. In particular, we highlight the value
of enhancing jail diversion programs and ensuring parity between physical and mental health care.
Providing community-based treatment, instead of crisis-based treatment in emergency rooms or jail cells,
leads to better outcomes for those living with mental illness and is a common-sense investment for Texas.
We look forward to working with lawmakers from both chambers to advance policies that improve
mental health care for Texans. It's good to see Texas leaders promote concrete policy changes that would
improve the health of our fellow Texans."
PUBLIC EDUCATION:
School Accountability System - The 84th Legislature passed HB 2804, changing the Texas school
accountability system so that every campus and district receives one of five ratings from A-F. The ratings
will be issued for the first time in August 2018. The law required the Texas Education Agency to present
a preliminary work-in-progress report noting potential grades by domain to be issued to the legislature by
January 1, 2017. That report, was publicly released on January 6th. Commissioner of Education Mike
Morath discussed the report saying, “It is important to note that the Met Standard/Improvement Required
ratings issued in August 2016 and updated in November 2016 are the official academic accountability
ratings for the 2015-16 school year. A similar process will be used for the 2016-17 school year. The
ratings in this report are for informational purposes to meet a legislative requirement and represent workin-progress models that are likely to change before A–F ratings become effective in August 2018. No
inferences about official district or campus performance in the 2015–16 school year should be drawn
from these ratings, and these ratings should not be considered predictors of future district or campus
performance ratings.”