CAPITOL INTEREST
OFF AND RUNNING
IN THE 87TH TEXAS LEGISLATIVE SESSION
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By Kenneth Besserman, JD, TXCPA Director of Government Relations and Special Counsel
he 87th Texas legislative session was gaveled in on January 12, 2021. Predictably, and in the midst of a pandemic and surging COVID-19 cases in Texas, opening day of the session began and ended very quickly. Both houses of the legislature spent very little time in the chambers – dispensing very quickly with speeches, recognitions, ceremonies, and the House’s and Senate’s required business. Among many things that were different on opening day compared to past sessions, the ceremonies were short, visitors and guests were limited, masks were ever present and for the second consecutive session, there is a new speaker of the House. The week before opening day, the nation witnessed protests, riots and the breaching of the U.S. Capitol by those seeking to disrupt the certification of the Electoral College. Before and after January 6, tensions were high in Washington, D.C. and around the country, and state capitols were on high alert. Fortunately, there were no incidents in Austin leading up to or on opening day of the session. In the Senate, Lt. Governor Dan Patrick started his fourth session in charge with Republicans maintaining an 1813 majority, one less than last session. There are four freshmen senators – Sarah Eckhardt (D-Austin), Cesar Blanco (D-El Paso), Roland Gutierrez (D-San Antonio) and Drew Springer (R-Muenster). While the party makeup changed very little from last session, after vigorous and heated debate the Senate adopted new rules, which now only require 18 votes to bring a bill up for consideration. This will make it easier for the party in power to shepherd through and pass much of their agenda. In the House, Rep. Dade Phelan (R-Beaumont) was elected speaker of the House in an almost unanimous vote. Shortly after the election on November 3, where the Republicans maintained their majority in the same 83-67 split as in the 86th session, Phelan emerged as the consensus choice for speaker after the announced candidates pledged their support for him. With the speaker elected, the House turned to debating House rules relating to how committees will function and how floor debate will occur. The House voted to allow
8 Texas Society of CPAs
members to cast their floor votes from their floor desks or from secure locations close to or attached to the House floor. In addition, the House voted to allow virtual testimony in committees only for invited testimony. The public will still have access to the Capitol and committee rooms if they wish to testify or register support for or against legislation in committee. The full House and Senate rules can be found on the TXCPA Session page once the rules have been published. The legislature then adjourned until January 26. It is quite common for the House and Senate to adjourn for many days at a time early on in the session. The House and Senate cannot pass legislation before the 60-day mark of session unless the governor sets the matter as an emergency item. While House and Senate floor debate on legislation is limited in the first 60 days, committees may meet and discuss legislation. Patrick named Senate committee chairmen and members prior to the session. That information can also be found on the TXCPA Session Page. While no bills other than SB 1, the state budget, have yet been referred to any committees, the Senate Finance Committee will begin hearing testimony on the state budget. Week two of the session also began and ended promptly. Both the Senate and House were in session for a couple of days taking care of administrative matters. On Wednesday, January 28, both the Senate and House adjourned until February 9. While multi-day adjournments are common at the beginning of all sessions, this extended adjournment is a little bit longer than usual. As we know, COVID-19 has clouded legislative operations. In the House, Phelan asked that members submit their committee assignment requests by January 27. After committees are assigned, the House can begin referring bills to committee and they can begin hearing bills. While no floor action, except emergency measures, can be debated on the House or Senate floor in the first 60 days of session, committees can still hear testimony. Phelan announced his new committee chairmanships and committee appointments on February 4. Some of the
