The members of Texas Legislature understand that it is a gig economy and that is why they are working their “part time” jobs instead of going on family vacations this summer. Their part time gig comes with prime parking and one of the best air conditioners in Texas. However, the Governor may have to give some of them a negative employee review as the senators passed another ban on THC after being explicitly told not to ban THC. Don’t be surprised if the Governor asks them to work overtime again and again until they get it right.
The week that was
There are 18 different issues on the special session agenda, but not all of them are equal. Redistricting and the Hill Country floods are front and center, and hearings are being held in and outside of Austin on those topics. However, the Senate did find time this week to debate and pass the bills we mentioned last week:
- SB 5 by Perry (R-Lubbock) to ban intoxicating THC products;
- SB 11 by Hughes (R-Mineola) to grant original criminal jurisdiction in Election Code crimes to the AG; and
- SB 12 by Middleton (R-Galveston) to ban local governments from funding associations that lobby the Lege.
The debate on these topics was mostly a “lather, rinse, repeat” version of the regular session, except that SB 12 was not limited in scope as it was during the regular session, so it may adversely impact prosecutor’s future operations at the capitol. The bill author did say during Senate floor debate that he believes the restrictions only apply to associations composed of political subdivisions, such as TAC, and not groups composed of individuals (like an association of individual sheriffs or clerks), but that is not clearly spelled out in the bill.
Now these bills are moving on to the House, where their future is less certain. Both SB 5 (THC) and SB 11 (AG) do not exactly match the specific agenda items the governor gave the Lege, and SB 12 (association funding) has never gotten far in the House because of its broad scope. We will let you know if any of them require input in that chamber.
House copies the Senate’s work
Representative Gary VanDeaver (R-New Boston) filed House Bill 5, which is identical to SB 5 and bans THC. But Gov. Abbott merely requested regulation legislation allowing non-intoxicating THC up to three milligrams per serving for adults and making the rest illegal for anyone under age 21. It remains to be seen what the Governor does if this bill makes it to his desk. The Governor can veto the bill and keep calling special sessions until a regulation bill passes or allow the THC ban to pass. All of Texas now waits to see who blinks first.
House’s omnibus courts bill
Representative Jeff Leach (R-Plano) filed HB 244 which is the special session’s omnibus courts bill. This bill was vetoed by the Governor after the regular session, but the Governor put the bill back on the agenda for the special session. The bill creates new courts, new DA offices, and other related changes to the functions of the judicial branch. The bill still includes a provision requiring prosecutor offices to collect data on number of cases handled, number of employees, number of times a defendant was released per CCP Art. 17.151, and related bail data. (Yes, the TPS reports have new cover sheets.)
The bill also creates new judicial districts, directs cases involving children under the age of 12 towards community resources rather than prosecution, outlines requirements for mental health evaluations before committing individuals to inpatient services, and much, much more. The Senate has not filed its version of the bill, but we expect it to be out soon. Time is ticking.
Input on pilot program
One of the bills that passed during the regular session was SB 1620 by Huffman (R-Houston) which establishes a forensic apprenticeship pilot program. The goal of the program is to prioritize retention of forensic analysts in Texas as well as to give labs more capacity in key forensic disciplines.
Those in the crime lab community tasked with developing this pilot program are interested in your thoughts on which forensic disciplines should be prioritized. Among the options are DNA testing; drug toxicology; seized drugs (other than THC); firearms; and others.
If you believe one or more of those disciplines is especially in need of shoring up, email Shannon with your thoughts. He will compile the replies and share them with those working on this topic.
Next week
Because this is a special session, advanced notice on many happenings will be rare. For instance, the Senate State Affairs Committee may hold a hearing on Monday to consider new versions of the omnibus court system bill and a new defense for victims of human trafficking, but those bills haven’t even been filed in the Senate yet. Such is life during a special session.
Quotes of the Week
“That day will haunt me for the rest of my life. Like you, we all feel this pain… With this hearing, we’re hoping to learn, ‘How we move forward?’”
—Lt. Gov. Dan Patrick, at Thursday’s flood hearing in Kerrville.
“Everyone was here that day working their ass off and you were nowhere to be found.”
—Lt. Gov. Dan Patrick, at Thursday’s flood hearing in Kerrville chastising Kerr County Judge Rob Kelly for not being at meetings with first responders on the first day of the deadly floods.
“The way this is written, it goes beyond civil rights groups trying to hold police accountable. This could include your municipal government, your city council, your county commissioners court. What if the commissioners court or the council is trying to review an alleged incident, but they’re not even entitled to that information?”
—Representative Erin Gamez (D-Brownsville) discussing Senate Bill 14 filed by Senator Phil King (R-Weatherford) that would make certain portions of police personnel records exempt from Texas Public Information Act.