Abbott Announces a Second Special Session, With Extra Agenda Items

[Elderberry]

Texas Scorecard by Jeramy Kitchen August 5, 2021

The second special session is slated to begin on Saturday, August 7.

Just as the first called special legislative session is approaching its conclusion (with none of the items on Gov. Greg Abbott’s agenda accomplished), Abbott announced a second special legislative session, as well as the items he expects to be considered.

The items on the agenda include:

•   Bail Reform: Legislation reforming the bail system in Texas to protect the public from accused criminals who may be released on bail.

•   Election Integrity: Legislation strengthening the integrity of elections in Texas.

•   Federal Relief Appropriations: Legislation providing appropriations from unappropriated available revenues for COVID-19-related healthcare expenses, such as those listed below, taking into consideration the approximately $10.5 billion in funds received by local governments intended to be used on COVID-19 from the American Rescue Plan Act of 2021 (ARPA).

•   Education: Legislation providing strategies for public-school education in prekindergarten through twelfth grade during the COVID-19 pandemic.

•   Border Security: Legislation enhancing criminal laws or providing funding from unappropriated available revenues to support law-enforcement agencies, counties, and other strategies as part of Texas’ comprehensive border security plan.

•   Social Media Censorship: Legislation safeguarding the freedom of speech by protecting social media and email users from being censored based on the user’s expressed viewpoints, including by providing a legal remedy for those wrongfully excluded from a platform.

•   Article X Funding (Legislature): Legislation providing appropriations from unappropriated available revenues to the Legislature and legislative agencies in Article X of the General Appropriations Act.

•   Family Violence Prevention: Legislation similar to Senate Bill 1109 from the 87th Legislature, Regular Session, requiring schools to provide appropriate education to middle- and high-school students about dating violence, domestic violence, and child abuse, but that recognizes the right of parents to opt their children out of the instruction.

•   Youth Sports: Legislation identical to Senate Bill 29 as passed by the Texas Senate in the 87th Legislature, Regular Session, disallowing a student from competing in University Interscholastic League athletic competitions designated for the sex opposite to the student’s sex at birth.

•   Abortion-Inducing Drugs: Legislation similar to Senate Bill 394 from the 87th Legislature, Regular Session, which prohibits people from providing abortion-inducing drugs by mail or delivery service, strengthens the laws applicable to the reporting of abortions and abortion complications, and ensures that no abortion-inducing drugs are provided unless there is voluntary and informed consent.

•   “13th Check”: Legislation similar to House Bill 3507 from the 87th Legislature, Regular Session, relating to a “thirteenth check” or one-time supplemental payment of benefits under the Teacher Retirement System of Texas.

•   Critical Race Theory: Legislation similar to House Bill 3979 concerning critical race theory as originally passed by the Texas Senate in the 87th Legislature, Regular Session.

•   Appropriations: Legislation providing appropriations from unappropriated available revenues for the following purposes:

o   Property tax relief

o   Enhanced protection for the safety of children in Texas’ foster-care system by attracting and retaining private providers for the system

o   Better safeguards for the state from potential cybersecurity threats

•   Primary Elections: Legislation modifying the filing periods and related election dates, including any runoffs, for primary elections held in Texas in 2022.

•   Radioactive Waste: Legislation reforming the laws governing radioactive waste to protect the safety of Texans, including by further limiting the ability to store and transport high-level radioactive materials in this state.

•   Employment: Legislation shielding private employers and employees from political subdivision rules, regulations, ordinances, and other actions that require any terms of employment that exceed or conflict with federal or state law relating to any form of employment leave, hiring practices, employment benefits, or scheduling practices.

•   State Legislature: Legislation relating to legislative quorum requirements.

More: https://texasscorecard.com/state/abbott-announces-a-second-special-session-with-extra-agenda-items/

[IsailedawayfromFR]

Good.  I like the last one and hope it includes some new additions inside the legislative chamber like chains on desks for the legislators and a cot and blanket close by.

State Legislature: Legislation relating to legislative quorum requirements.

[catfish1957]

Spend those mofos down.  DC a'int cheap.

[Free Vulcan]

At some point soon, declare their offices vacated.

Make them come back and take the Governor to court to defend them seats, then arrest them and chain them to their seats in the legislative chamber.

[240B]

Apparently Abbott is lining up replacements for these deserters since there is no way to know how long they will stay gone.
When you desert a position in the military or in any job on Earth, that is tantamount to 'quitting'.
If they 'quit' their jobs ... they need to be replaced by someone who will actually show up for work.

[Bigun]

THE TEXAS CONSTITUTION

ARTICLE 3. LEGISLATIVE DEPARTMENT

Sec. 10.  QUORUM; ADJOURNMENTS FROM DAY TO DAY; COMPELLING ATTENDANCE.  Two-thirds of each House shall constitute a quorum to do business, but a smaller number may adjourn from day to day, and compel the attendance of absent members, in such manner and under such penalties as each House may provide.

Sec. 11.  RULES OF PROCEDURE; PUNISHMENT OR EXPULSION OF MEMBER.  Each House may determine the rules of its own proceedings, punish members for disorderly conduct, and, with the consent of two-thirds, expel a member, but not a second time for the same offense.

[Bigun]

Good.  I like the last one and hope it includes some new additions inside the legislative chamber like chains on desks for the legislators and a cot and blanket close by.

State Legislature: Legislation relating to legislative quorum requirements.

It needs to be an amendment to the constitution rather than statutory law IMHO.

[240B]

It seems obvious at this point that they plan to stay absent until the midterm elections a year from now.
The situation is not sustainable. The Governor must act.

[Elderberry]

Texas legislature’s special session - Here’s how much it’ll cost

KXAN by: Nabil Remadna 7/8/2021

https://www.kxan.com/news/texas-politics/how-much-will-the-texas-legislatures-special-session-cost-taxpayers/

Rep. Erin Zwiener says estimates for a full 30-day session could cost up to $1.3 million. According to the Legislative Budget Board, lawmakers make $600 for the month plus a per diem of $221 every day the session continues.

“If we gaveled out early, we would not continue to collect per diem,” Zwiener said. “So, it could cost less if we get our work done quickly, but if we work the whole 30 days, $1.3 million.”/quote]

[catfish1957]

It seems obvious at this point that they plan to stay absent until the midterm elections a year from now.
The situation is not sustainable. The Governor must act.

Keep the special session card in play unitl the dims have to return to register for ballot re-election at the SOS office.  Then arrest them.

[Smokin Joe]

At some point soon, declare their offices vacated.

Make them come back and take the Governor to court to defend them seats, then arrest them and chain them to their seats in the legislative chamber.

I wonder if there's a law that allows their seats to be forfeit under adverse possession?

[IsailedawayfromFR]

I wonder if there's a law that allows their seats to be forfeit under adverse possession?

I think I'll ask my legislator to bring up in the Special Session action to include on the November ballot a vote for a Constitutional Amendment that says a legislative seat is declared vacant if a member is away more than 30 days from the state.

[Bigun]

I think I'll ask my legislator to bring up in the Special Session action to include on the November ballot a vote for a Constitutional Amendment that says a legislative seat is declared vacant if a member is away more than 30 days from the state.

Make that "misses 7 days of legislative business without a valid excuse" and we are getting somewhere.  30 days is FAR too long. @IsailedawayfromFR

[IsailedawayfromFR]

Make that "misses 7 days of legislative business without a valid excuse" and we are getting somewhere.  30 days is FAR too long. @IsailedawayfromFR

[Elderberry]

And must have a "Doctor's Excuse" if more than 2 days are missed in a row.

[Bigun]

And must have a "Doctor's Excuse" if more than 2 days are missed in a row.

I just sent my state senator Schwertner a message that reads:

Senator it is now abundantly clear to me that we need to amend the Texas Constitution if we are ever to stop the Democrats from running away every time something they don't like finds its way into the legislative process and since the Governor has added this to the call for a second special session, there will never be a better time. There is still ample time to get it on the November general election ballot for approval.

I would suggest amending Article 3, Section 10 to read:

Sec. 10. QUORUM; ADJOURNMENTS FROM DAY TO DAY; COMPELLING ATTENDANCE. Two-thirds of each House shall constitute a quorum to do business, but a smaller number may adjourn from day to day, and compel the attendance of absent members, in such manner and under such penalties as each House may provide.

Any legislator absenting himself from legislative business for seven consecutive days without excuse shall be deemed to have abandoned his seat and that seat immediately becomes vacant.

I would hope all Texans would consider sending their state senator something similar ASAP. @Elderberry @IsailedawayfromFR @catfish1957

[IsailedawayfromFR]

I just sent my state senator Schwertner a message that reads:

Senator it is now abundantly clear to me that we need to amend the Texas Constitution if we are ever to stop the Democrats from running away every time something they don't like finds its way into the legislative process and since the Governor has added this to the call for a second special session, there will never be a better time. There is still ample time to get it on the November general election ballot for approval.

I would suggest amending Article 3, Section 10 to read:

Sec. 10. QUORUM; ADJOURNMENTS FROM DAY TO DAY; COMPELLING ATTENDANCE. Two-thirds of each House shall constitute a quorum to do business, but a smaller number may adjourn from day to day, and compel the attendance of absent members, in such manner and under such penalties as each House may provide.

Any legislator absenting himself from legislative business for seven consecutive days without excuse shall be deemed to have abandoned his seat and that seat immediately becomes vacant.

I would hope all Texans would consider sending their state senator something similar ASAP. @Elderberry @IsailedawayfromFR @catfish1957

Ok if I use the same for my Senator and Legislator?

[Bigun]

Ok if I use the same for my Senator and Legislator?

Of course! @IsailedawayfromFR

[IsailedawayfromFR]

Of course! @IsailedawayfromFR

Done

[Bigun]

Done

[Kamaji]

One suggested comment to the revisions being put forth - if a legislator has absented their seat for the period of time - 7 days without excuse - then, in addition to being declared vacant, the seat should be deemed to be occupied for the purposes of finding whether a quorum exists.  In other words, absenting one's self from Texas can no longer be used as a way to defeat the forum requirement.

[Bigun]

One suggested comment to the revisions being put forth - if a legislator has absented their seat for the period of time - 7 days without excuse - then, in addition to being declared vacant, the seat should be deemed to be occupied for the purposes of finding whether a quorum exists.  In other words, absenting one's self from Texas can no longer be used as a way to defeat the forum requirement.

As I understand thing, vacant seats are not counted for the purpose of Quorum calls. A quorum would be two thirds of the occupied seats in the chamber.

[Kamaji]

As I understand thing, vacant seats are not counted for the purpose of Quorum calls. A quorum would be two thirds of the occupied seats in the chamber.

Ahh, ok.  Thanks for the clarification!  My apologies.

[Elderberry]

https://statutes.capitol.texas.gov/Docs/CN/htm/CN.3.htm

Sec. 10.  QUORUM; ADJOURNMENTS FROM DAY TO DAY; COMPELLING ATTENDANCE. 

Two-thirds of each House shall constitute a quorum to do business, but a smaller number may adjourn from day to day, and compel the attendance of absent members, in such manner and under such penalties as each House may provide.

https://www.texastribune.org/2021/07/14/texas-democrats-walkout-quorum/

What it means to break quorum and what you need to know about the Texas House Democrats’ dramatic departure

Simply put, a quorum is the minimum number of members required for a governing body to conduct official business. In the Texas Legislature, two-thirds of the elected members constitute a quorum in each chamber.
That means 100 members of the 150-seat House must be present in the lower chamber and 21 of the 31-seat Senate must be present in the upper chamber.

[Fishrrman]

Fishrrman prediction:

If Abbott calls another special session, the demo-communists will "disappear" once more.
And that will be that.

(I'd like to be proven wrong, but I sense not. Even Texans are afraid to "do what's necessary" to defeat the demo-communist enemy)