The 87th Texas Legislative Session is underway. Last week, both chambers met to be sworn in, organize their chambers, and adopt rules. After meeting on Tuesday, Wednesday, and Thursday, both chambers adjourned until Tuesday, January 26th.
The Senate bifurcated the adoption of its rules into two separate questions: changing “the 3/5ths rule” and everything else. Longtime observers of the Legislature will remember that the Senate used to require 2/3rds of its membership (21 Senators) to bring a bill to the Senate floor — essentially like the filibuster rule in the U.S. Senate. Then, in 2015, the Senate changed that rule to 3/5ths — or 19 Senators to bring a bill to the floor and 13 Senators to block a bill. After the 2020 General Election, Democrats picked up a 13th seat in the Texas Senate. As expected, the Senate changed its rules again to a 5/9ths rule. The new “magic numbers” to remember are 18 to bring a bill to the floor and 14 to block a bill from the floor.
With regard to the rules concerning how committees would operate, the Senate continued to take a cautious “wait and see” approach. Since the Texas Constitution dedicates the first 60 days of a legislative session to bill filing, the Senate passed “temporary rules” for the first 60 days. Any decision involving virtual testimony or any other procedural changes necessary to prevent the spread of COVID 19 in committee hearings could wait.
On Tuesday, the Texas House elected Rep. Dade Phelan as their new Speaker. With the election of a new Speaker, the House can begin to officially organize itself. Committee Preference Cards are due from each representative to the Speaker’s Office on January 22nd. The Speaker has the giant task of assembling the House into committees. Many bills get filed, but the first big moment determining the viability of legislation in a legislative session is when committee assignments are announced.
On Thursday, the House adopted its rules. The House also passed “temporary rules” allowing legislators to vote from the gallery and in rooms adjoining the House chamber on secured laptops. In committees, the House set a quorum of two members present on the dais so long as others are listening remotely. Testimony will be in-person unless it is invited testimony, which may be virtual. It remains to be seen whether virtual testimony is rare or routine, and how fairly the invitation process for virtual testimony is implemented.
Finally, we would ask you to pray for the swift recovery of a Texas House member that tested positive for COVID-19 on Friday, and the safety of those who shared the House floor with that member on Tuesday, Wednesday, and Thursday. Continue to pray that the state’s leadership makes wise decisions that protect legislators, staff, and other state employees that must be in the Capitol from the virus, and that the vaccine is quickly and efficiently distributed to all the people of Texas.