Legislative Updates

Each week during Texas legislative sessions, TDCAA recaps the most important news and events. Look to this page for current and past issues of TDCAA’s Legislative Updates.

For information concerning legislation filed during the 87th Regular Session, visit the state legislature’s web site or e-mail Shannon Edmonds, Director of Governmental Relations, or call him at (512) 474-2436.

Updates

TDCAA Legislative Update: Called Session 2, Update 2

August 20, 2021


Habemus quorum!

Wait, what?

That’s right. For the first time in almost six weeks, the Texas House had a quorum thanks to a few newly-returned Democrats and two seats vacated through unrelated resignations that lowered the two-thirds requirement for a quorum to 99 members. That number was reached around 6:00 p.m. yesterday through a combination of 82 Republicans and 17 Democrats, which enabled the speaker to gavel them in and refer bills to committees before adjourning until Monday at 4:00 p.m.

Now, we know what you’re probably thinking: “Wait, they finally got a quorum and then they adjourned?!?” Well, yes. And for two good reasons. First, the House can’t do anything on the floor until bills have been considered and approved by House committees, which can be done while they are adjourned from floor duties. (More on that below.) And second, many House members have been kept on a short leash in Austin, day after day for weeks, awaiting a possible quorum. This adjournment lets some of them go home and rest up for the coming mad dash to the finish line, which is Sunday, September 5, 2021—a mere 17 days away.

All that being said, where things go from here is anyone’s guess. There isn’t even any guarantee that the House will have a quorum again on Monday. But if there is, we will be here to report to you if they do anything that could impact your offices.

Hearings

Wasting no time, the House has scheduled committee hearings with the knowledge that it would only take a few untimely (or intended) absences to fall short of a quorum next week and grind everything to a halt again. Those hearings include:

House Select Committee on Constitutional Rights & Remedies
Saturday, August 21, at 8:00 a.m., Capitol Extension Auditorium (E1.004)
SB 6 by Huffman relating to bail reform
(Note that this posting may still include SB 1 by Hughes relating to election integrity, but the hearing on that controversial bill is going to be postponed to Monday, August 23.)

That same select committee—which was created by the Speaker during the first called session for the specific purpose of facilitating the passage of some hot-button issues—also met earlier today (Friday) to approve SJR 3 by Huffman/Kacal, the proposed constitutional amendment permitting the denial of bail for certain violent or sexual offenses. That measure could reach the House floor by next week, where it will require approval by two-thirds of the House before it can be placed on a ballot in May 2022. The committee also approved SB 13 by Huffman/Hunter to implement a sliding calendar of filing and election dates for the 2022 elections that will depend on the outcome of the redistricting situation later this year (if at all). Those of you up for re-election in 2022 may want to familiarize yourselves with those options by reading that bill.

Legislative Update CLEs

As of this morning, we have accepted:

  • 494 registrations for the in-person course in Galveston (September 21); and
  • 1,455 registrations for the online course that will go live later this month.

Registration details are available at either of those links, so click on the one that interests you and sign up now. Those of you who registered for the online course before last week should have already received your book, so feel free to read through it ahead of time if you want to get the full benefit of our commentary when it goes online sometime NEXT WEEK*!

(*Assuming no Acts of God or the Legislature intervene, which at the rate 2021 is going, we can’t promise.)

Scattershooting

Some articles that you might find interesting:

  • “Bexar County judge invalidates Gov. Abbott’s executive order limiting jail releases during pandemic” (KSAT.com)
  • “Advocates say courts are failing domestic violence victims after 24-year-old mother’s death” (Houston Chronicle)
  • “Troubleshooters CASE CLOSED: DA cuts grass on El Paso Street” (KZTV Action 10 News)

Tribute to Judge Cathy Cochran

A Celebration of Life for former Court of Criminal Appeals Judge Cathy Cochran (who passed away on February 7, 2021) will be held on September 18, 2021, from 1:00­­-4:00 p.m. at the Lady Bird Johnson Wildflower Center Auditorium, 4801 La Crosse Avenue, in Austin. Following Judge Cochran’s instructions, she wants a happy gathering with family, friends, and colleagues that includes cookies, coffee, and good conversations. The family is requesting that all attendees wear a mask while indoors.

Dr. Tony Fabelo is working with Rusty Hardin and family to organize the event. To RSVP, contact Dr. Fabelo’s wife, Dr. Dora Fabelo, at [email protected].

Quotes of the Week

“I don’t know what it’s a solution to. I don’t know what the problem was to start with.”
            —James McLaughlin, executive director of the Texas Police Chiefs Association, as quoted in an article about law enforcement concerns on the eve of the implementation of “constitutional carry.”

“I feel like it’s the right thing to do. I think sometimes we don’t look at what something does to an institution. If we don’t start working to make the world work again, it will never happen.”
            —State Rep. Garnet Coleman (D-Houston), announcing earlier this week that he will return to the House floor after a long medical absence. Coleman had earlier expressed support for his fellow Democrats’ quorum bust but never actually participated in the walk-out.

“All the parliamentarian wants for her birthday is a quorum.”
            —House Speaker Dade Phelan (R-Beaumont), after the House members present on the floor Tuesday sang “Happy Birthday” to parliamentarian Sharon Carter.

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