The Texas Legislature: What passed and what didn't
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Illustration: Allie Carl/Axios
It's an old saw that the Texas legislative process is meant to kill bills, not pass them.
The big picture: With the regular legislative session finally over, we thought we'd circle back to consequential bills we wrote about over the past few months to see which passed — and which didn't.
Between the lines: GOP lawmakers brought their majority to bear, once again, in a series of key business-friendly and socially conservative laws — even as many of their efforts failed.
Long chafing at big-city, progressive ordinances that have ensured paid sick leave, renter protections, rest break requirements for construction workers and a variety of environmental safeguards, conservative lawmakers who control the Capitol have now managed to kneecap local rule-making authority.
- Historically, Texas' home-rule cities have had the power to govern themselves and implement anything that is not specifically counter to state law.
- But a measure passed by lawmakers would effectively turn that relationship around. It would limit the ability of cities to make rules beyond what is explicitly laid out by state statute — opening the way for businesses and individuals to sue to challenge local ordinances.
Yes, but: Lawmakers failed to pass a measure that might have derailed Austin's marquee public transit plan, after state Rep. John Bucy III, an Austin Democrat, successfully raised a parliamentary objection.
- Austin-area Republican state representative and former Austin City Council member Ellen Troxclair had proposed a measure that would have required the transit project to get voter approval before issuing any future debt — and a re-do vote could have doomed the project.
Of note: Lawmakers passed a measure that would exempt menstrual products — as well as diapers, wipes, baby bottles, pregnancy clothes and breast-milk pumping products — from sales tax.
- Members from both parties had made similar proposals in several legislative sessions running but had won little traction in the GOP-controlled Capitol.
What changed: The U.S. Supreme Court's Dobbs decision last year, which overturned Roe v. Wade.
- The ruling meant abortions in Texas were virtually completely prohibited — and appears to have left Republican politicians concerned they would alienate suburban women voters.
- Lawmakers also passed a bill to offer new mothers a year of Medicaid coverage.
Lawmakers backed away from a pledge to ban tenure at public universities — but in passing a measure codifying how professors can be dismissed, author state Sen. Brandon Creighton (R-Conroe) managed to claim his bill would "improve accountability."
Bills that failed: A measure banning Austin's Ashe juniper protections failed — as did one limiting Austin's ability to regulate building height near single-family homes. Other proposals that didn't make it to the governor's desk include:
- Barring Chinese nationals from buying property in Texas, which ran into opposition from Asian Americans, who saw it as part of a broader racist attack.
- And Tray Bates, Texas Realtors vice president of governmental affairs, said the association's members had "concerns about the impact" of the proposed legislation.
- Raising the pension of state retirees.
- Allowing cities to lower speed limits to 20mph on residential streets.
- Allowing mobile sports betting.
- Expanding the list of conditions that qualify for medical cannabis.
- Implementing the "Idaho Stop," allowing cyclists to treat stop signs as yield signs, and legalizing e-bike use in state parks.
- Prohibiting a civilian oversight board from conducting an investigation for police or firefighters.
Plus: House Joint Resolution 155, which would have let the public vote on whether to allow resort-style casinos in Texas, was postponed until 2027.
- "Members, I do know when it's time to fold 'em," Fort Worth Republican Rep. Charlie Geren said on the House floor.
Zoom in: Austin will have to hold an election asking property owners in the wealthy Lost Creek neighborhood if they want to leave the city.
- Austin annexed Lost Creek in 2015, before a state law prohibited cities from annexation without an election. Per the Austin American-Statesman, Austin collects more than $4 million a year in taxes from the neighborhood, which sits west of Capital of Texas Highway (Loop 360) and south of Lake Austin.
- But lawmakers did not pass a measure that would have allowed homeowners along Lake Austin — who are upset they have to pay property taxes for what they deem are inadequate services — to leave Austin via a disannexation election.
Worth noting: Lawmakers are back at it after Gov. Greg Abbott called a special session Monday night.
- But they can only introduce bills that are germane to the subjects set out by the governor in his proclamation — property taxes and border security.
What we're watching: The governor can still veto bills that make it to his desk.
