Scene 1, take 2. And … rolling!
The NeverEnding Story
For a state that prides itself on a legislature meeting for only 140 days every two years, we sure can’t seem to quit them. Or get rid of them. (Take your pick.)
While the House continues to have trouble scraping together the necessary quorum of warm bodies to conduct business, the Senate has been churning through its agenda at warp speed—performative filibusters notwithstanding. Their work product includes the latest versions of bail reform, which passed the Senate earlier this week in the form of SB 6 and SJR 3 by Huffman (R-Houston), both of which were approved by 27-2 margins (with two senators absent due to medical situations).
The latest version of SB 6 is only slightly different from the version that almost passed in the regular session, and what corrections have been made since then are probably for the better. As for SJR 3, it is identical in substance to the version that died on the last night of the regular session, but due to the ongoing quorum bust, that proposed constitutional amendment can no longer be passed in time to make the November 2021 general election ballot, so now it will appear on the ballot in May 2022 if it passes. However, both bills’ fortunes are still questionable without a functioning lower chamber to also approve them.
Lions and tigers and bears, oh my!
If you like to geek out on obscure legal questions relating to the use of or limits upon federal, state, and local governmental power, then you are in high cotton right now. Whether it’s interdiction of border “trespassers,” pandemic anti-mask mandates, “vaccine passports,” or legislative warrants for quorum-busters, there is going to be some new law made by the judiciary over the next few weeks and months. Good luck to any of you who get caught up in those legal and political whirlwinds.
Legislative Update CLEs
As of this morning, we have accepted:
- 462 registrations for the in-person course in Galveston (September 21); and
- 1,305 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—especially because early registration guarantees that you will receive your complimentary 2021–23 Legislative Update book. 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.
TAC Legislative Conference
The Texas Association of Counties (TAC) Legislative Conference will be held September 1–3 at the Fairmont Hotel in Austin. The conference will include sessions on topics such as criminal justice initiatives proposed during the 87th Session (featuring special guest star Staley Heatly, 46th Judicial DA), the American Rescue Plan, emergency management, and redistricting. Other conference sessions will give an overview of funding for counties in the state budget, resources available through the National Association of Counties, and a discussion on how courts across the state have adapted to the effects of COVID-19. There will also be a breakout meeting for each of TAC’s affiliate associations, with Rockwall County CDA Kenda Culpepper helping to moderate the discussion for county and district attorneys. This will be a hybrid event, meaning you can register for virtual or in-person participation. If you’d like more details, the full agenda is available here and registration here.
Scattershooting
Some articles that you might find interesting:
- “Texas is first state to make buying sex a felony” (Houston Chronicle)
- “In Atlanta, a glimpse of why ‘defund the police’ has faltered” (Christian Science Monitor)
- “‘He’s Not Charismatic. … I Think That Has Been Part of His Success’” (POLITICO) (yes, we are going to make you click on that link to find out to whom it refers)
Quotes of the Week
“This bill isn’t going to prevent all crime. It’s not going to prevent individuals from committing crimes if they do make a bond. But it will give trained magistrates and judges all the information that they need to use their judicial discretion to make what we hope will be appropriate bond decisions.”
—State Sen. Joan Huffman (R-Houston), during floor debate on her Senate Bill 6, the bail reform bill which is on its third go-round before this legislature.
“I can definitely tell you it’s not gonna be like nothing happened. You’re not gonna see the normal handshakes, fist bumps, and smiles that you would on [the first day of a session]. … There’s been some significant—if not irreparable—damage to the relationships within the body.”
—State Rep. Justin Holland (R-Rockwall), in an article discussing the potential fallout from the two recent quorum breaks by House Democrats.
###