Expectations of the 87th Legislative Session
By: Drew Landry
Tags: Txlege, Dade Phelan, Dan Patrick, 2021, Texas

Texas Capitol at Night

On the second Tuesday in January, the Texas Legislature will convene for the 87th regular time. Since this meeting (or session) is the first one of the new decade, there is much anticipation of what it will hold. Four main issues linger over the session and they are redistricting, the budget, public education, and COVID-19 response.

First with redistricting. To simplify the explanation, this session the legislature will redraw the district maps from its U.S. House down to State House and others in between. This constitutionally mandated process can — and it usually does — turn political. The evil and brutish cousin of redistricting is gerrymandering. Elected officials like to use redistricting as a tool to keep their seats or to punish others. This is bound to happen one way or the other.

For this part of the state, however, we need as much representation as we can get. There are many issues that need solidarity from the West Texas/Panhandle/Permian Basin delegation and if we lose a seat or two to the growing metroplex suburbs, our needs fail to be heard. This is one of the reasons redistricting is significant.

Second with the budget. It is reported how Texas lawmakers may face a little more than a $4 billion shortfall from the last biennial session. The question becomes “from where does the money come?” One of the most lucrative attractions to Texas is the lack of a state income tax. Let us face it, there will be a margarita bar in the local Baptist Church before Texas gets an income tax. It simply will not happen. Then will we raise the sales tax? Statewide, it is 6.25% (cities get to add no more than 2% to the statewide base). Raising that tax was part of the discussion last session but questions remain if Republicans want to be responsible for raising taxes. So, more cuts to spending? Republicans enjoy cutting programs so it is a possibility, but there is talk on legalizing casino gambling and recreational use of marijuana, which would create a new revenue stream. As controversial as these two objects are, it is uncertain how this will play out.

Third is public education. In the last session, House Bill 3 added some much-needed reforms and funding to our public schools. In the summer of 2019, I congratulated the legislature on making such moves but also challenged it to maintain its commitment. If the funding is not met, HB 3 essentially becomes an unfunded mandate, which would force local ISDs to raise property taxes and could force a trigger election to keep up with the requirements. The near $4 billion budgetary shortfall that is expected becomes daunting when discussing public education funding. In all reality, it should not. Article 7 of the Texas Constitution guarantees public education to students and it needs to be in the necessary funding category without any cuts. That, of course, is not a shared value with all Texas lawmakers.

Fourth is COVID-19 response. Make no mistake, the novel coronavirus hit Texas hard and still is. A well-respected colleague of mine died from its complications and I am sure many readers can point to their own experiences with this virus. But the political reality of COVID-19 is twofold. One is the question if Governor Greg Abbott went too far in his power? In the pre-filed bills for the upcoming session, there is one that reforms the governor’s executive power. It would take a veto proof approval — meaning 2/3 — from both chambers to make such reforms but those in Governor’s Abbott Party want to see it happen.

Two is the question of how the session will even happen. According to Texas media, the general guidelines concerning audience gallery attendance and testing have been sorted out but the specific issues for members such as floor votes, debates, and committee hearings are still pending. In the meantime, questions remain. Will the House and Senate convene only to go on recess until mid-March? Will the chambers only do a budget, go on recess for vaccinations, and then return to tackle redistricting? Truth be told, only the Speaker-elect Dade Phelan and Lieutenant Governor Dan Patrick know how it will shake out for their chambers and hopefully we will know soon.

All in all, this session will be unique. Texans will see what matters most to lawmakers and hopefully their priorities will reflect the values of Texans. To that end, here is to a fruitful 87th legislative session.