Transcript Final Assessment of th 64 Texas Legislature Did They Pass The Test? After 63rd Session, Needed Serious Remedial Work • • • • • • Spent like Drunken Sailors No Movement on.

Final Assessment of
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64 Texas Legislature
Did They Pass The Test?
After 63rd Session, Needed
Serious Remedial Work
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Spent like Drunken Sailors
No Movement on Second Amendment
Tollroad mania ongoing
Taxes unchanged
No real border control or federal pushback
Only victory was the nightmare special sessions
on abortion
• In terms of ANY conservatism test in the regular
session last time, all they did was drool on the
papers and chew the erasers off all their pencils.
Austin’s New Legislative Landscape
• HUGE changes in the State Senate with Dan Patrick in
charge and some old-guard replaced. The body was
FAR more conservative.
• The House was SLIGHTY more conservative (had
been the more conservative body)
• Because of the LACK of a full sweep in House races,
Scott Turner had an impossible hill to climb in his
race for Speaker. Ended up getting 19 votes only.
• Blocker bill removed in the Senate as a first action.
Senate freshmen got GREAT assignments. Made a
HUGE difference.
• Freshman class was full of AWESOME conservatives
Our NTTP Remedial Test
• Set a really low bar to encourage the conservatively
challenged to succeed. No peeing on the carpets!
• We listed 7 items; a passing grade was any 5.
• The budget does NOT get busted- by HONEST
math, not by DC-style calculation.
• Open carry (for at least CHL holders):
• Campus carry- the same way
• Medicaid expansion blocked again
• The Enterprise Fund gets stripped to a small
fraction of what it is or dissolved outright.
• E-Verify for State Contracts
• Ending in-state tuition for illegal immigrants
How Did They Do? Item 1
Budget Grade: A• Aided by really good (probably TOO good) revenue
projections from the Comptroller
• More money for CORE functions.
• Killed 8 minor state taxes (on sulfur, professional
licenses, inheritance, etc.)
• Increased Homestead exemptions $10k (about $120)
• Cut franchise tax 25% across the board
• Ended SOME diversions of gas tax monies
• Killed a few small funds (the Emerging Technology
fund)
How Did They Do? Item 2
Prevention of Medicaid expansion Grade: A
• Stopped it cold again this session. Lots of
moderate/liberal angst about this but this is a siren
song of ‘free’ money that would long-term cost
Texas dearly. They tried separate bills and
amendments. The GOP hung tough on this one.
• Considered so toxic, no bill on it saw the light of
day.
How Did They Do? Item 3
E-Verify Grade: B• Our list included E-Verify for state contractors; what
we got was E-Verify for state employees. Not
identical, but a necessary first step and equivalent.
This is the first time the state has admitted and
acted on the need that state taxpayer money needs
to go to people who are VERIFIED they can legally
work in this country.
• Next Session: get same for state contractors and
start discussion on the TOUGHEST piece – subcontractors. Possibly tax incentives for businesses
that E-Verify.
How Did They Do? Item 4
Open Carry for CHL Grade: B• Constitutional Carry bills and amendments got
nowhere; antics of Kory Wadkins & his Open Carry
group CLEARLY hurt the effort.
• Amendment to clarify that police cannot stop
someone SOLELY for openly carrying a weapon
WAS added in both houses: put up by libertyminded folks & ethnic minority Democrats worried
about profiling.
• Amendment was stripped in conference committee
due to Police Association objections. Trying to gat
Attorney General guidance on police stops of Open
Carry.
How Did They Do? Item 5
Concealed Campus Carry for CHL Grade: C
• Came down to the last day with enough
restrictions added to be a pale imitation of full
campus carry.
• Universities can establish ‘reasonable’ gun-free
zones. (whose definition?).
• Still, it IS a beginning- and the college campuses
will no longer to be guaranteed target-rich zones
for lunatics and rapists.
• Problems with Universities abusing
‘reasonableness’ will be addressed next session
How Did They Do? Item 6
Ending in-state Tuition for illegal immigrants Grade: F
• This one failed to get off the ground and never got out
of committee.
• The LEGAL immigrants we know and have in our
families who had to pay out-of-state tuition shake
their head at this one.
How Did They Do? Item 7
End of Enterprise Fund Grade: D• The amount in the fund was reduced and the sister
Emerging Technology Fund was eliminated. But
Enterprise fund was just reduced a bit.
• Considering a number of scandals and appearances
of crony capitalism in this area, one would have
hoped to make greater headway.
How Did They Do? Unlisted Items
• Ended $1.3 billion in diversions of gas taxes to nontransportation usages. (Only part of the diversions.)
• ‘Principled conservatives’ staged big fights on the
Local & Consent calendar; ‘Powers That Be’ had
gotten too used to sliding through all sorts of
inappropriate stuff. Jonathan Stickland- took lead,
later assisted by Matt Rinaldi, Tony Tinderholt, Molly
White & others. A LOT of bad bills got killed (48),
others were forced to get FULL consideration.
• Pastor Protection Bill passed (cannot be forced to
do gay marriages).
• ALAC (American Laws for American Courts) failed.
• Ending public Union dues payroll deduction failed.
Areas of Minimal or No Progress
• School Choice- in ANY form
• Toll way Control: only 5 of 75 bills passed
• Border Control: more money but likely to only
benefit drug interdiction
• Legislative Ethics: Texas House took a good
package (SD 19) and destroyed it
• Spending Cap: Rep. Otto totally rewrote a rather
simple formula in SD9 and excluded too much.
Bill failed.
• Red Light camera ban – killed at every point
Bottom Line: Did They Pass?
• Depends on the ‘curve’ you set; based on past
performance or what we want?
• Based on past performance- especially last sessionthey DID pass the test; in Remedial Conservatism.
• Based on what SHOULD be possible, with GOP
numbers, they have a LONG way to go.
• We didn’t get into these messes in a single session;
We won’t get out of it that way either.
• Both grassroots and the establishment are learning;
some in establishment are willing to listen (but some
of the ‘old-guard’ are getting even nastier).
• Establishment beginning to realize that the Tea
Party mentality is NOT going away.
Ugliness, Part 1 – SB19 (Ethics)
• Abbott wanted ethics reform and worked up an
excellent package with Sen. Van Taylor.
• Rep. Byron Cook completely rewrote it as an attack
on donors of EmpowerTexans & similar groups, as
well as making or hearing recordings of legislators
made in public places without everyone’s consent a
crime- for the LAST 30 YEARS.
• Senate version got UNANIMOUS support in Senate:
Cook’s passed without a majority of GOP
supporting it (All Dems & 45% of GOP).
• Cook refused to consider the Senate version at all.
Ugliness, Part 2 - ALAC
• Cook’s State Affairs refused to vote it out of
committee; Cooks refused to vote and Patricia
Harless and Debbie Riddle joined the Democrats.
• Harless & Riddle were CO-AUTHORS. But a single
family law lobbyist (Steve Bresnen) convinced them
that it would ‘complicate’ things.
• ALAC modeled after versions currently law in MANY
states.
• Would have EASILY passed in the full House.
Ugliness, Part 3: Tollway Control
• Sen. Nichols, Transportation Chair, simply did NOT
allow any substantial toll road control measure get
out of committee. Lt. Gov. Patrick was of little help.
• Amendments were created for major transportation
bills that would have prevented state tax money
from being spent on ANY tolling project.
Considered double taxation, since toll collections
should pay for the road.
• Before the bill was even taken up, Speaker Straus
ruled the amendments ‘not germane’, which means
they could not even be brought up for discussion,
much less voted on.
• CLEARLY germane to funding; but Straus did NOT
want an ‘uncomfortable’ discussion.
Ugliness, Part 4 – Pre-K
• In a word, Gov. Abbott weirded out on us; was nonexistent the entire session- including his ‘priority’
ethics package- except for one thing; Pre-K.
• DEMANDED a $160 million package (out of $210
Billion) to increase Pre-K funding.
• Dan Patrick’s Grassroots Advisory Board came out
opposed to it (miscommunicated to Dan himself)
• BIG embarrassing stink for Abbott & Patrick (as
much HOW it was handled as by the opposition).
• Abbott stomped with big feet and got the bill passed
• Testimony by some of the supporters was ridiculous
& scary. State has ‘interest’ in education from
BIRTH. Parents ‘can’ be part of that.
Session Heroes
• Dan Patrick: blocker bill from 21 to 19 votes was huge!
• Jonathan Stickland: Killed TONS of bad legislation; a
CONSTANT irritant to the old-guard and ‘the way
things are’. Never backed down and fearless.
• Van Taylor: Ethics work was superb; killed by Cook.
• Matt Rinaldi: Brilliance showed though in liberty
situations and coming up with great amendments. Will
always be known for bringing up taxpayer funding for
‘Mongolian Death Worm’ in trying to kill the Film Fund.
• Honorable Mention: Rep. Harold Dutton (Democrat) for
solid amendment work on the Open Carry piece out of
valid concern over profiling.
• The entire Senate freshman class did great!
Session Villains
• Rep. Byron Cook: EASILY the worst legislator. As
State Affairs Chair he killed ALAC, ending union
payroll deductions & all meaningful ethics legislation.
He proposed driver’s licenses for illegals.
• Speaker Joe Straus: made utterly unjustified
declarations of amendments being ‘not germane’ on
Open Carry and Transportation to prevent
‘uncomfortable’ votes.
• Rep. Greg Bonnen: Fought property tax relief, often
ridiculed Senate work.
• Rep. John Otto: Killed spending cap as Finance Chair
• Debbie Riddle & Patricia Harless – worked with Cook
to kill ALAC in committee, even as co-authors
Senate Breakdown
• GOP member did well, even several of the ‘old
dogs’. All ‘passed’ on fiscal grading (though 3 were
close; Bob Nichols, Kel Seliger & Kevin Eltife)
• Freshman class SHINED: made HUGE differences
• Even 3 DEMOCRAT Senators scored over 50%
• The difference? The 8 freshman and- most
importantly- NEW LEADERSHIP!
• However, utter failure in toll road control and a few
other issues; great advances, but room for
improvement.
• Democrats are all old hands; consistent and
forthcoming on what they want. Actually worked
pretty well on the budget and a few other issues.
House Breakdown
• SLIGHT improvement; Leadership still a BIG
impediment.
• 27-30 RINO GOP members on several occasions,
joined ALL Democrats to defeat budget issues.
• Committee kills of good legislation more apparent
with the activist Senate driving the session.
• 19+ ‘principled conservative’ GOP members. ROCK
SOLID throughout.
• About 50 ‘convenience conservatives’ among GOP.
When the leadership pushes them, they follow
leadership.
• Democrats….well, are Democrats. More honest than
many of the convenience conservatives and several
actually CAN be worked with on liberty issues.
Egomaniac of 84th: Joe Pickett
• Joe is Straus’s Democrat Transportation Chair
• Jonathan Stickland killed a bill of his on Local &
Consent (that didn’t belong there)
• Apparently one of his staff tried to set Stickland up
to violate witness policy. Pickett had Jonathan
removed from of a committee hearing.
• Bob Hall got a red light camera ban amendment
tacked onto Pickett’s major transportation bill while
it was in the Senate; Jonathan Stickland was a
strong proponent of such bans in the House.
• Pickett pulled down and killed his major legislative
piece, rather than give Stickland any victory.
• Egos of the Old Guard often trump policy.
Odd Bedfellows Awards
• Several times, principled conservatives teamed up
with liberal Democrats on ‘rights’ issues; a place we
as conservatives can make inroads in ‘untraditional’
areas. It also gains respect.
• Jeff Leach & Mary Gonzales – on Wage Theft
legislation
• Matt Rinaldi & Harold Dutton – on police stops
associated with Open Carry
• Jonathan Stickland & Eric Johnson – ensuring ‘inperson visitation’ for jail inmates
Why is Serious Progress so Hard?
• Simple: A full-time lobbyist herd of HUNDREDS
mostly works against us. Outnumbered, outgunned.
• Killing bills is MUCH easier than getting them
passed- by design. That’s a good thing!
Lessons for 2017
• Work on replacing the most liberal GOP members
If the block of ‘liberal’ GOP is too small or too
unwilling to team up with the Democrats on key
issues, the entire dynamic changes. We are talking
maybe 10-12 members. Quicker result than
replacing 30-40 in the ‘mushy middle’.
• Start work NOW on legislative priorities; get Austin
minds focused in general in the directions we need
to go. Need legislative champions in Austin.
Having a friend like Dan Patrick on LBB (that rules
things in the off-session period) will help with that.
• Expect budget next time will not be nearly as easy.
New Test for 2017 Much Harder
• School choice in some REAL form
• Reining in toll road expansions and develop toll
road rollbacks on payoff
• Property tax relief: especially from school taxes for
retired, fixed income folks who don’t use the
schools
• ALAC
• Ending special interest business funds; no picking
of winners & losers.
• End in-state tuition for illegals
• Expansion of E-Verify: state contracts AND as a
condition of further corporate tax relief.
Who Isn’t Coming Back? (So far)
• SD24 – Sen. Troy Fraser (R-Horseshoe Bay)
• SD1 – Sen. Kevin Eltife, R-Tyler
• Reps. Bryan Hughes & David Simpson have
already declared for this seat, leaving those
seats (HD5 & HD7) open.
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HD54 – Rep. Jimmie Don Aycock (R-Killeen)
HD60 – Rep. Jim Keffer (R-Granbury)
HD118 – Rep. Joe Farias (D-San Antonio)
HD126 – Rep. Patricia Harless (R-Houston area)
HD130 – Rep. Allan Fletcher (R-Cypress)
HD139 – Rep. Sylvester Turner (D-Houston)
Straus Running for Speaker Again
• His ‘last term’- just like the last two. Recently found
out we got REALLY close to getting full gambling
snuck in as an amendment. Actually, Democrats
alerted the conservatives about it. I still feel this is
what Straus wants to get passed before he leaves.
• What to do? Every attempt to unseat him to date
has failed pretty miserably.
• After this session- which DID have some
conservative outcomes (not nearly enough)- it will
be tougher than ever to boot him.