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85th TX Lege

Texas Business Leaders Stayed Neutral on “Bathroom” Amendment

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[gdlr_notification icon=”fa-flag” type=”color-background” background=”#ffcc20″ color=”#000000″]This article originally appeared in The Texas Tribune[/gdlr_notification]

Throughout this legislative session, a coalition of businesses has made up much of the opposition to lightning-rod efforts to regulate which bathrooms transgender Texans can use. Working with the Texas Association of Business, they have released economic impact studies, sent letters to lawmakers and held news conferences, warning that a “bathroom bill” would be disastrous for the state’s bottom line.

On Sunday, however, the pro-business forces took a neutral stance on an amendment addressing bathroom use by transgender Texans in public schools, according to people familiar with the decision. The amendment by state Rep. Chris Paddie, R-Marshall, passed 91-50, finally giving the House its response to Lt. Gov. Dan Patrick‘s months-long demands for a vote on such a proposal.

The neutrality was driven by a couple of factors, according to the people familiar with the decision, including the challenge of getting such a broad coalition on the same page in a short period of time. Perhaps more importantly, though, they recognized what many other bathroom bill opponents at the Capitol did — that the Paddie amendment was the least worst resolution to a session that Patrick had threatened to force to an overtime round, where a more damaging measure could prevail.

“We’re big boys and girls, and we can certainly understand the realities of life around here,” said Jim Keffer, a former GOP state representative whom the Texas Association of Business brought on board in March to focus on issues including discriminatory legislation. “It was disappointing that it had to come in the first place.”

The Paddie amendment, which was added to a school safety bill, would require schools to provide single-stall restrooms, locker rooms and changing facilities to students who don’t want to use facilities designated by “biological sex.” It was a much narrower measure than Senate Bill 6, the Patrick-championed bathroom bill that passed the Senate months ago, or House Bill 2899, which some had hoped would have been the lower chamber’s alternative to SB 6.

In any case, it appeared the bathroom bill debate was not entirely over following the passage of the Paddie amendment. On Monday, Patrick issued a statement suggesting it was not strong enough. The lieutenant governor has previously said he is prepared to go to a special session if the House does not act on the bathroom issue.

While they were neutral on the Paddie amendment, business groups made clear Monday they still had concerns about such a proposal, even if they were less vocal than usual. The Texas Association of Business did not widely release a statement on the amendment after it passed, but when asked for comment, it provided a reaction from its president, Chris Wallace.

“The Keep Texas Open for Business Coalition and the Texas business community have been consistent and clear in our opposition to discriminatory legislation,” Wallace said. “We appreciate the hard work of Speaker [Joe] Straus and the Texas House leadership to try to find workable legislation that considers the privacy and dignity of all children and with respect for all children.”

“We remain extremely concerned that the perception of the amendment could tarnish the stellar reputation of Texas being open for business,” Wallace added.

The Dallas Regional Chamber issued a similar statement, reiterating its opposition to discriminatory legislation but thanking Straus and Paddie “for finding a reasonable and ‘common-sense’ approach that recognizes the fact that local public school districts have been showing leadership on this sensitive issue for some time.”

Jessica Shortall, managing director of Texas Competes, said Monday afternoon she had already heard from a couple of business leaders alarmed by the national media coverage generated by the passage of the Paddie amendment. “Discrimination Sunday,” read one headline in The Washington Post.

“They say that the headlines alone will hurt them,” Shortall said. The perception created by such stories, she added, remain her “first and biggest concern.”

State Rep. Celia Israel, D-Austin, credited the business community with giving “it their all as we were entering session and during the first half of session.” On Sunday evening, however, she said they were “disappointingly quiet.”

Israel also pointed to a broader theme emerging from this session: Republicans spurning the kinds of pro-business forces that have had stronger sway over them in previous years.

“That may be an indicator that the Republican Party doesn’t care what the business community says anymore,” she said. “There’s no price to pay.”

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Disclosure:  The Texas Association of Business has been a financial supporters of The Texas Tribune. A complete list of Tribune donors and sponsors can be viewed here.

The Texas Tribune is a nonpartisan, nonprofit media organization that informs Texans — and engages with them – about public policy, politics, government and statewide issues.

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[gdlr_notification icon=”fa-camera” type=”color-background” background=”#999999″ color=”#ffffff”]Top image: Representatives look at the board as a vote is taken on a bill amendment that would require schools to provide single-stall restrooms, locker rooms and changing facilities to students who don’t want to use facilities designated by “biological sex” at the state Capitol on Sunday, May 21, 2017. / photo credit: Laura Skelding / The Texas Tribune[/gdlr_notification]

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85th TX Lege

The Texas Bathroom Bill Saga in 5 minutes (WATCH)

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[gdlr_notification icon=”fa-flag” type=”color-background” background=”#ffcc20″ color=”#000000″]This article originally appeared in The Texas Tribune[/gdlr_notification]

From Lt. Gov. Dan Patrick’s announcement last summer that he would push for a bathroom bill to the bill’s quite demise this month in the special session, this video will take you through the story of the intense political fight in 5 minutes.

Alexa Ura contributed to this report.

The Texas Tribune is a nonpartisan, nonprofit media organization that informs Texans — and engages with them – about public policy, politics, government and statewide issues.

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85th TX Lege

After Months of Controversy, Texas Bathroom Bill Dies Quietly

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[gdlr_notification icon=”fa-flag” type=”color-background” background=”#ffcc20″ color=”#000000″]This article originally appeared in The Texas Tribune[/gdlr_notification]

In the end, the controversial bathroom bill went quietly.

For more than a year, Republican Lt. Gov. Dan Patrick led the crusade for a state law to regulate bathroom use for transgender Texans — an initiative that resonated with social conservatives, including many pastors, who backed him up. Patrick for months stood firm in his pursuit for a bathroom bill even while similar campaigns in other states fizzled out.

He was met by loud opposition that only grew with time and eventually proved to be a considerable political force.

Transgender women, men and children from across Texas descended on the Capitol to testify about how the proposal — which would ban local policies that ensured transgender individuals’ right to use public and school restrooms that match their gender identity — could endanger their lives. The business community rallied against the legislation too, giving House Speaker Joe Straus cover as he refused to negotiate with Patrick on bathroom restrictions.

That led to a stalemate over the issue during the regular legislative session that played out in dueling press conferences featuring legislative leaders slamming each other over the issue, threats by Patrick to force lawmakers to return to Austin by holding must-pass bills hostage and last-ditch efforts to attach bathroom restrictions to other pieces of legislation considered in the middle of the night.

Gov. Greg Abbott was eventually forced to call a 30-day special session that revived the bathroom bill. But for all the bathroom-related commotion and cajoling that dominated the regular legislative session, when lawmakers wrapped up the special session on Tuesday, Patrick eulogized the bathroom bill as just one of several proposals that didn’t make it to Abbott’s desk because of Straus.

And in the end, it wasn’t all that hard to see it coming.

Shifting momentum

“We hope that this time, this issue remains settled: Texans don’t want harmful, anti-transgender legislation,” JoDee Winterhof, senior vice president for policy and political affairs at the Human Rights Campaign, said as opponents of the bathroom bill seemed to release a collective sigh of relief when the House abruptly adjourned to end the special session Tuesday evening.

Opponents had been anxiously watching the clock tick down on the 30 days lawmakers were allotted to pass Abbott’s 20-item agenda.

But giving lawmakers a second shot to pass a bathroom bill only seemed to further shift momentum against the legislation as the debate stretched into the summer.

Little had changed for Straus — often a less-vocal foil to some of Patrick’s priorities — who seemed to dig in his heels, arguing that the legislation would have dire economic and moral costs for Texas.

With the national debate over North Carolina’s bathroom still lingering, he was backed up by top business executives, including the heads of dozens of Fortune 500 companies, who worried that Texas could invite the same economic blows the Tar Heel State faced after passing a similar bill, including canceled corporate expansions and sports tournaments.

They called Abbott to express their displeasure and launched a flurry of letters warning about the harm that laws deemed discriminatory toward the LGBT community could cause.

The opposition grew to also include school districts, tourism officials, faith leaders and law enforcement officials.

“Everybody realized the issue really wasn’t going to be resolved without everybody being heard,” said Jeff Moseley, CEO of the Texas Association of Business, who was among those who spearheaded the business opposition.

Lost support

With the opposition growing louder outside the Capitol — eventually including major GOP donors and even Abbott’s campaign treasurer — the bathroom bill’s quiet death march inside the pink dome moved forward.

Within a week of returning to Austin for the special session, the Senate slogged through an 11-hour committee hearing and an eight-hour floor debate ending with a vote to advance the revived bathroom bill.

But it was almost immediately bottled up in the House, where Straus refused to refer it to a committee for consideration. Two other proposals that originated in the House were referred to committee but never got a hearing.

Support for the House bill seemed to drop as the special session began. Eighty Republicans had signed on as co-authors during the regular session — proponents of the bill regularly touted that number as they criticized Straus for keeping the bathroom bill from getting a House vote — but in the special session the number of co-authors dropped to 60.

“Some people were listening,” Lou Weaver, transgender programs coordinator for Equality Texas, said of the drop in co-authors. “Whether it was to the trans communities, to our allies, to our advocates, the business community, faith leaders — whatever the case may be, they did switch.”

Meanwhile, House leadership faced little opposition from proponents of the bathroom bill as they quietly worked to keep bathroom restrictions from being tacked on to key education bills that were moving through the chamber by limiting the amendments lawmakers could propose when those bills reached the House floor.

Across the rotunda, rumors that the Senate was planning to attach the bathroom restrictions to education bills proved unfounded.

By last week, proponents were already conceding that Texas wouldn’t pass a bathroom bill. Republican state Rep. Ron Simmons of Carrollton, the legislation’s author, on Monday acknowledged that he had not recently talked about his proposals with the governor.

Abbott’s office did not respond to a request for comment on the bathroom bill’s demise.

According to those familiar with the negotiations, the measure was not even a factor as the House and Senate worked to hash out their differences over what emerged as the final sticking points of the special session: school finance and property tax legislation.

By then, some Capitol insiders had shifted focus to whether a second failed attempt would finally mark the end of the legislative debate.

“That’s the question: Is that the end of the bathroom bill?” said Bill Miller, an Austin lobbyist.

Fight isn’t over

LGBT advocates and their allies said they’re hopeful there’s been a shift in the debate, explaining that the prolonged fight at the Capitol gave them the opportunity to explain to leaders why proposals like the bathroom bill were discriminatory and dangerous.

But they admit the fight likely isn’t over.

During a late-night press conference on Tuesday, Patrick recounted a one-on-one meeting in which he urged Straus to pass a bathroom bill and “put this issue in the rearview mirror” because it wasn’t going away.

He was echoed earlier in the week by conservative groups that said they would urge the governor to bring lawmakers back for another special session to reconsider the issue.

Abbott has yet to rule out a second special session, but he did acknowledge during a Wednesday morning interview that “there’s no evidence whatsoever” that Straus will be swayed on the issue.

For his part, the speaker has so far only put out a short statement marking the end of the special session that focused on the House’s work to pass legislation “that was in the best interest of all Texans.” It didn’t mention the bathroom bill.

“The House was thoughtful, respectful and decisive in its solution-oriented approach,” Straus said.

Disclosure: The Texas Association of Business and Equality Texas have been financial supporters of The Texas Tribune. A complete list of Tribune donors and sponsors can be viewed here.

The Texas Tribune is a nonpartisan, nonprofit media organization that informs Texans — and engages with them – about public policy, politics, government and statewide issues.

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[gdlr_notification icon=”fa-camera” type=”color-background” background=”#999999″ color=”#ffffff”]Top image: Members of various faith communities met at the Texas Capitol on Aug. 1 to speak out against the “bathroom bill.” / photo credit: Austin Price / The Texas Tribune[/gdlr_notification]

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85th TX Lege

Texas House Closes Out Special Legislative Session

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[gdlr_notification icon=”fa-flag” type=”color-background” background=”#ffcc20″ color=”#000000″]This article originally appeared in The Texas Tribune[/gdlr_notification]

The special legislative session is over — in one chamber, at least.  

The Texas House abruptly gaveled out Sine Die – the formal designation meaning the end of a session – on Tuesday evening after approving the Senate’s version of a school finance bill that largely stripped provisions the chamber had fought to keep

Gov. Greg Abbott called lawmakers back for a special session on July 18. Special sessions can last for up to 30 days, which gave both chambers til Wednesday to work. 

The House’s move came after days of difficult negotiations with the Senate on school finance and property tax bills — and leaves the fate of the latter in question.  

House Ways and Means Chairman Dennis Bonnen had been expected to appoint members to a conference committee Tuesday so that the two chambers could reconcile their versions of the bill. 

But instead, shortly before the surprise motion to Sine Die, the Angleton Republican made an announcement. 

“I have been working with members of the Senate for several days on SB 1, we have made our efforts, so I don’t want there to be in any way a suggestion that we have not, will not, would not work with the Senate on such an important issue,” he said.  

Then he said he had not appointed a conference committee because he was “trying to keep the bill alive.” 

“If we appointed conferees now, it would kill the bill because there is not enough time,” he said, explaining that under House rules, there would not be enough time left in the session to issue a conference committee report and have the chamber vote on it. 

Bonnen’s announcement came after a vote on a school finance measure in which House members expressed deep disappointment —and  anger — that the bill they had sent to the Senate with $1.8 billion in funding for schools had come back with only $352 million. Some demanded that the House send the measure back. 

“I’d tell the Senate to take back this crap and fix it,” said state Rep. Senfronia Thompson, D-Houston, adding that she did not like “being bullied.” The House ultimately approved the changes to the bill, sending it to the governor’s desk. 

While House lawmakers didn’t get their way with school finance, by adjourning Tuesday night, they have forced the Senate to either accept their version of the property tax bill or let it die. Supporters hope to require larger local governments get voter approval when they want to increase tax collections on existing buildings and land above a certain threshold. A key point of contention: whether that threshold should be at the 6 percent preferred by the House or the 4 percent preferred by the Senate. 

Both Lt. Gov. Dan Patrick and Gov. Greg Abbott have said property tax reform is their top priority for the session. At the time the House adjourned sine die, Abbott was on track to claim victory on nine of the 20 items he had put on the special session call. As of Tuesday afternoon, he had signed five of them into law, and four more were on their way to his desk. 

Patrick forced the special session by holding hostage a bill needed to prevent the shuttering of some state agencies during the regular session in May. At the time, he said he was doing so in order to push the House to move on two pieces of legislation: one that would regulate bathroom use for transgender Texans and another that would set new thresholds for when cities and counties must get voter approval for their property tax rates. 

Just as during the regular session, the House never took a vote on a “bathroom bill” during the special session. 

The Senate is set to reconvene at 8:45 pm on Tuesday night. 

Patrick Svitek contributed reporting to this story. 

The Texas Tribune is a nonpartisan, nonprofit media organization that informs Texans — and engages with them – about public policy, politics, government and statewide issues.

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[gdlr_notification icon=”fa-camera” type=”color-background” background=”#999999″ color=”#ffffff”]Top image: The Texas House abruptly gaveled out Sine Die – the formal designation meaning the end of a session – on Tuesday, Aug. 15, 2017. / photo credit: Bob Daemmrich / The Texas Tribune[/gdlr_notification]

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