With six days left in the summer's second special legislative session, the Texas House and Senate were at odds overkey bills on Gov. Greg Abbotts agenda, including two priority measures restricting transgender student athletes and how race can be taught in classrooms.
At a late-night hearing of the House Public Education Committee on Monday, Chairman Harold Dutton, D-Houston, declined to hold a vote on either bill, preventing them from moving to the full House for consideration.
Dutton said the move signaled his refusal to cave to demands from Lt. Gov. Dan Patrick, who has indicated that he will not advance a bill to fund the legislative branch until the House takes action on these proposals.
What Im told is that if we dont pass two bills the (critical race theory) bill and the transgender bill the Senate is not going to consider trying to fix the funding in Article X, Dutton said at the end of the meeting. So, I want to see if he has his big boy pants on. This meeting is adjourned.
More: After his veto didn't lure Democrats back to work, Gov. Abbott extends funding for legislative branch
When Duttons gavel fell to close out the meeting, members of the committee laughed. Patrick's office did not return a request for comment
Before adjourning, Dutton described mounting tensions between both chambers during the session and said the Senate has adopted certain principles and practices that I dont think work well for this Legislature.
We have allowed them to do certain things, and they disrespect the House in certain fashions, Dutton said, adding that he and other members have tried to communicate directly with Senate leaders to address concerns that House bills were not moving through the legislative process.
If the Senate doesnt respect us, they ought to expect us, he said.
More: With quorum restored, Texas House resumes debate of GOP-backed elections bill
But by Tuesday afternoon, Dutton called a last-minute committee meeting to consider advancing both proposals.
Dutton opened the discussion by clarifying that he was not being pressured by House Speaker Dade Phelan to bring the measures up for a vote, but that he was doing it of his own volition, in an effort to heal.
Other Democratic members pushed back, asking for Senate Bill 3, which limits how race can be taught in schools, to be delayed for a day to give committee members time to debate amendments.
"If we engage in a game of ransom, where we put the livelihood of our staff and state employees and their benefits and their dependent children, then we are not honoring the institution," said Rep. Diego Bernal, D-San Antonio. "We are dishonoring the institution and lending ourselves to something that we all know we're better than."
The committee voted 7-5 along party lines, with Dutton voting no to advance the bill to the full House for consideration.
Dutton also brought Senate Bill 2, related to transgender student athletes, up for consideration and committee members debated two proposed amendments. One was added to delay implementation of the bill until theUniversity Interscholastic League could provide data and recommendations. Another was proposed to commission a more intensive study on the bill's implications.
But Dutton abruptly adjourned the meeting before allowing members time to vote on the second amendment or the bill as a whole.
"Members this is one of those things that I as chairman will take the heat for," he said. "This meeting is adjourned."
Legislative funding
Among the 17 items Abbott asked lawmakers to pass during the second special session is reinstating funding for the legislative branch.
Abbott vetoed funding for lawmakers' offices as well agencies that directly support the Legislaturefor the next two years after Democrats walked off the floor of the House at the end of the regular session, killing a GOP-backed elections bill. At the time, Abbott said there should be no pay for members who abandon their responsibilities.
Abbott called lawmakers back to Austin for a special session in July, adding the elections bill and reinstating funding for the legislative branch to the agenda. Also included were the bills to restrict participation of transgender student athletes and to limit how race can be taught in schools, among other proposals.
But days into the first special session, House Democrats left the state for Washingtonto break quorum again and prevent passage of the elections bill. Republicans say the bill will improve election integrity, but Democrats say it is a solution in search of a problem and will actually make it harder for people to vote.
More: From polls to ballots, here's what a new Texas voting bill would mean for you
The first special session ended without any of Abbotts agenda items passed, so he called for a second special session in early August, adding even more items to the agenda, including enhanced funding for border security efforts.
As funding for the legislative branch was set to expire by Sept. 1 before the conclusion of the second special session, scheduled to end on Sunday Abbott, Patrick and Phelan released a temporary funding plan proposed by the Legislative Budget Board to ensure that state employees affected by the veto would continue to be paid through the end of the session, with the expectation that lawmakers would act to restore the vetoed funding starting at the conclusion of the session.
But even though Democrats have returned to the House and bills are advancing through both chambers, including the GOP elections bill, which reached Abbott's desk on Tuesday, neither chamber has passed its version of the funding bill. Budget-writing committees in the House and Senate both have approved measures to restore the funding, but they have not been up for a vote in either chamber.
More: 'No pay for those who abandon their responsibilities': Abbott exacts revenge after Democrats walk
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