Most lawmakers were surprised when a bill seeking to reauthorize the Texas Lottery Commission to continue to operate—a sunset process all state agencies must undergo every decade or so—died after a groundswell of Lotto opponents on the House floor decided to register a vote against it.

Four Democrats joined more than 60 Republicans to give a thumbs down to the commission, based on their objection to Lotto Texas, which they call a tax on the poor that does little to help education—what the 20-year-old program was designed to do.

But rather than plan early to file a bill to abolish the lottery, instead they staged a last-minute coup on the House floor (half the "no" votes were GOP freshmen) and brought down the entire commission.

What the naysayers did not realize was that the commission does much more than administer the lottery. It also oversees charitable bingo run by churches and other nonprofit groups, runs enforcement against illegal gaming and eight-liners in Texas, and fills a $2.2 billion spot in the state budget.

When the vote came down, House leaders called for a two-hour recess and began working the members, educating them on how important it was not to carve a $2.2 billion hole in the budget one month before session ended.

They also reminded the members that there would be other chances to register a vote against the lottery, a big concern for conservatives with potential primary contests.

When recess was over, the House reversed itself and approved the lottery commission, adding a provision that allowed them to study the effectiveness of Lotto Texas over the next two years—a not-so-subtle hint that there will be a run at it in the 2015 session.

Mulligans and the art of lawmaking

Twice this session, the Texas House has called for a do-over. The first time was during the budget talks, when lawmakers approved an amendment setting up a structure for Medicaid expansion in the event that the Legislature decides to go along with it.

When Republicans, who oppose Medicaid expansion, realized what they had voted on, they recalled their decision, voted again and failed the amendment.

It happened again with the Texas Lottery Commission. And it has happened several times in the past, usually when a vote is close and does not go the way the majority hoped it would.

Mulligans—a second chance to get their vote right—happen for a few reasons.

Most often, the happen because too many people on the floor inadvertently cast a vote that led to some unintended consequences (eg, Texas Lottery Commission.)

Sometimes lawmakers simply are not paying attention and do not realize until they see the celebration of their opponents what their vote has actually done (see Medicaid expansion.)

And sometimes they make ideological votes on bills they are certain will pass anyway, and are surprised to find out others have done the same thing.

The only way to call a do-over is if someone on the winning side of the vote asks the House to "reconsider the vote" and gets majority support. Typically when this is done, it means someone important did not like how the vote turned out—and has done some major lobbying, cajoling, pleading and arm-twisting to turn it all around.

Why the Texas Legislature cares about Travis County DA's arrest

Lawmakers, particularly Republicans, are very closely watching what happens to Travis County District Attorney Rosemary Lehmberg in light of her arrest on a DWI charge a couple of weeks ago.

Lehmberg is serving time for her indiscretion and supporters are pinning hopes on the idea that the "mea culpa" aspect of volunteering to do jail time will increase her chances of being able to stay in office another three years, instead of resigning or being forced out.

If it were any other of the 253 counties aside from Travis, this would be less of a big deal to lawmakers. In fact, the only ones who would take note would be the reps from that district. Not so in Travis.

The Travis County District Attorney gets the state's Public Integrity Unit funding. He or she is the person who prosecutes ethical violations on the part of the state's elected officials.

Those who remember the downfall of Congressman Tom DeLay can credit—or blame—then-Travis DA Ronnie Earle, who spent decades in that office hunting down lawbreakers among the ranks of the Texas elected.

It bears repeating: Whoever is the Travis County District Attorney is in charge of prosecuting the state's elected officials.

Chances are slim that Travis will elected a GOP DA, unless there is already one in office. So their only shot is a Republican appointment. And who gets to appoint the Travis DA if Lehmberg resigns?

Republican Gov. Rick Perry.

Tuition revenue bonds breakdown

The Texas Senate this week authorized higher ed revenue bonds for more than $4 billion worth of construction projects at 58 universities and colleges across the state. See a complete list here, but meanwhile, here are some highlights:

  • Texas A&M University System Health Science Center: $9 million for facilities in Round Rock, $80 million for an education center and research building in Dallas

  • Texas A&M University—Central Texas: $33,333,333 for a science, health science and wellness building

  • The University of Texas at Austin: $95 million for an engineering education and research center

  • The University of Texas M. D. Anderson Cancer Center: $50 million for a personalized cancer care building

  • The University of Texas Health Science Center at Houston, $58,450,000 for the renovation and modernization of educational and research facilities

  • University of Houston: $70 million for a pharmacy and biomedical sciences building

  • University of North Texas System: $25 million for college of law building renovations, $48 million for a science and technology research facility, $70 million for a library and student success center at Dallas campus, and $66,600,000 for an interdisciplinary research building at the University of North Texas Health Sciences Center at Fort Worth


Quote of the week:

"Today he's offering specials on frontal lobotomies, and we'd like to invite our friends from the Senate to come over and take advantage of this today." —Texas House Energy Resources Chairman Jim Keffer, R-Eastland, introducing the Capitol's "Doctor of the Day" to the Texas House and engaging in some traditional House vs. Senate ribbing.