Following the regular session of the 85th Texas Legislature, Gov. Greg Abbott listed 20 priorities for the current special meeting of lawmakers.
But one item stood above the rest: sunset legislation. Here is an overview of the sunset legislation‚ the No. 1 priority for lawmakers this summer.
What is it?
This legislation extends the life of five state agencies until Sept. 1, 2019. Without an extension passed this special session, the Texas Medical Board, the Texas State Board of Social Worker Examiners, the Texas State Board of Examiners of Marriage and Family Therapists, the Texas State Board of Examiners of Psychologists and the Texas State Board of Examiners of Professional Counselors would cease to exist.
Even if approved, the five agencies would again go through the sunset review process during the 86th legislative session in the first half of 2019.
Why should I care?
According to a Senate analysis, the five agencies combine to regulate more than 200,000 Texas jobs. Without the Texas Medical Board, for example, no new doctors could be licensed. This could create undue pressure in certain areas of the state that are already experiencing doctor shortages.
How did we get here?
In the final days of the regular session, the Freedom Caucus, a conservative group of House lawmakers, blocked the passage of a “sunset safety net” House bill before an important deadline. This narrowed the path for the bill to advance—depending on compliance by the Senate.
Lt. Gov. Dan Patrick, the Senate president, used this bill as a bargaining chip to encourage the House to pass his priorities, including rollback tax rate limits and bathroom usage regulation. When the House failed to meet his demands, Patrick refused to pass the sunset bill, pushing Abbott to call a special session.
What is next?
Both the Senate and House have passed sunset bills—one that extends the life of agencies and one that extends funding. At press time, the House has passed the Senate bills out of committee and scheduled the bills for debate on the House floor.
Texas Gov. Greg Abbott unveiled his special session "wish list" prior to convening lawmakers, and two issues have since been expanded. Lawmakers may pass other bills, he said, once the sunset legislation is approved.
1. Sunset legislation to keep five state agencies alive
2. A teacher pay raise of $1,000
3. Giving school administrators flexibility in teacher hiring and retention (Abbott expanded this issue to include funding for teacher retirement funds.)
4. Commission to study state school finance reform (Abbott expanded this issue to include school finance formula reform.)
5. School choice for special-needs students
6. Rollback elections for property tax increases
7. Caps on state and local spending
8. Prevent cities from regulating what property owners do with trees on private land
9. Preventing local governments from changing rules midway through construction projects
10. Speeding up local government permitting processes
11. Municipal annexation reform
12. Preventing local entities from passing their own texting-while-driving bans
13. Restrictions on school bathroom use for transgender students
14. Prohibiting the use of taxpayer dollars to collect union dues
15. Prohibiting the use of taxpayer funding to subsidize health providers that also perform abortion
16. Requiring women to get separate insurance policies to cover non-emergency abortions
17. Increasing existing reporting requirements when complications arise during abortions
18. Strengthening patient protections relating to do-not-resuscitate orders
19. Cracking down on mail-in ballot fraud
20. Extending the state's maternal mortality task force
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The 'bathroom bill'
On July 25, the Texas Senate approved Senate Bill 3, which would regulate bathroom use in schools and buildings overseen by local governments, including cities and counties, based on the sex listed on a person’s birth certificate or other IDs issued by the Texas Department of Public Safety. Related legislation in the House has been referred to that chamber’s State Affairs Committee.
Education
On Aug. 4, the Texas House approved bills that would put $1.8 billion into public schools and help struggling rural school districts. On July 25, the Senate passed a bill that would create a commission to recommend improvements to the public school finance system. On Aug. 2, the House passed House Bill 20, which would take $212 million from a state emergency savings fund to temporarily bolster the state-run health insurance program for retired teachers. In its own legislation on bolstering the insurance program, the Senate proposed using an accounting maneuver to borrow $212 million from health care companies providing Medicaid. The Senate has also approved legislation to give teachers bonuses and subsidize private school tuition.
Property tax reform
On July 24, the Senate passed Senate Bill 1, which would allow for property tax rate elections if revenues would exceed 4 percent of what what was taken in the year before. On Aug. 1, the House Ways & Means Committee approved a version of SB 1 that would require an election if entities plan to increase property tax revenues 6 percent.
Abortion
On Aug. 3, the House passed House Bill 215, which would require doctors to document how a minor obtained authorization to get an abortion. On July 28, the House passed House Bill 13, which would require physicians and health care facilities to report more details on abortion complications to the state—and would fine those that do not comply. Texas senators have also approved similar legislation. On July 26, the Senate approved Senate Bill 4, which would prohibit local and state government agencies from contracting with abortion providers and their affiliates.
