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3 things to watch as Texas lawmakers prepare for special session, midterm elections

The end of the Texas Legislature’s session is typically the prelude to the midterm election season, when statewide, congressional and legislative posts are up for grabs.

But the 2021 legislative session has left some unresolved drama that will likely be settled before the 2022 election season begins in earnest.

There will be at least one — perhaps two — special sessions. We know lawmakers will likely convene in the fall to redraw the state’s congressional and legislative boundaries. That’s because redistricting has been delayed until governments get census data to guide the drawing of maps.

There could be another session to address some of the issues important to Texas Gov. Greg Abbott and the Republicans who dominate statewide politics. They include the “election reform” bill that Democrats killed at the end of this year’s legislative session by walking out of the House chamber.

Abbott also wants action on bail reform, and Lt. Gov. Dan Patrick has suggested lawmakers approve legislation to ban taxpayer-funded lobbying, as well as measures aimed at the social media companies the kicked former President Donald Trump off their platforms.

So there’s still action left before the filing period for the midterm election closes in December.

“Stay tuned,” Abbott said when I asked him last week about the timing of a special session.

Here are three things to watch this summer and fall.

Greg Abbott playing the tough guy

Abbott has pledged to veto a section of the state budget that funds the Legislature. That means unless lawmakers finish their work to Abbott’s satisfaction, they won’t get paid.

The governor’s action is not only designed to force legislators to approve his agenda during a special session that only he can call, but it’s a signal to the state’s most conservative voters that he’s pushing the measures most important to them.

Former state Sen. Donald Huffines of Dallas is challenging Abbott in the GOP primary, and more candidates could emerge, including Agriculture Commissioner Sid Miller and Allen West, who resigned Friday as chairman of the Texas GOP. West is thought to be considering several political options.

By being the tough guy who’s forcing lawmakers to the table and getting tough with Democrats who might consider breaking quorum again, Abbott is seeking to take away the argument being made by Huffines that he’s not the conservative warrior needed to lead the state.

While his veto aimed at the Legislature’s budget may irk Patrick and House Speaker Dade Phelan, Abbott is more concerned with Texas primary voters. Expect the John Wayne act to continue.

All eyes will be on House Speaker Dade Phelan

Patrick and Phelan have been mildly bickering over the Republican election bill that Democrats squashed last week by walking out of House chambers. The Senate approved the legislation that many voting rights activists contend is designed to suppress votes in communities of color, but it landed in the House with only hours before a midnight deadline to pass bills. That gave Democrats an easy way to kill the bill and Phelan didn’t lock lawmakers inside the House chamber or try to round up those who broke the quorum.

But when a special session is called, expect a final legislative proposal on an elections bill to get to the House in plenty of time for passage. That means Democrats, many of whom voted to make Phelan speaker, will have to consider whether to allow a draconian Senate-propelled proposal to pass, or make amendments that will mollify Democrats. Another option would be letting the bill languish, but that may be unlikely since it’s backed by Patrick, Abbott and grassroots Republicans.

The final version of the bill would have given more power to partisan poll watchers, who Democrats worried could intimidate voters. It also would have banned 24-hour and drive-through voting and required polling places not to open before 1 p.m. on Sundays, a measure critics of the bill said targeted Black churchgoers.

For the most part Phelan has been acceptable to Democrats, who have acknowledged that he allows House members to vote and speak out for their districts.

Now it will be interesting to see if an election bill that Democrats view as unsavory creates hard feelings.

Democrats deal with division

The social justice movement has created tension among Democrats in the Legislature.

While Democrats are in concert about the threat of “voter integrity” legislation and the need for policing reforms and a social justice agenda, members in the House caucus are split over how to fight against the Republican agenda.

State Rep. Yvonne Davis, a former Democratic Caucus chairwoman, told that being a committee chairperson and leading the fight from the minority party perspective is a conflict of interest, because committee chairpersons are appointed by Phelan.

But Turner said he fights against Republicans and their agenda “all day” and “every day.”

Minority members of the Legislature will continue to take the lead on social justice and voting rights issues.

“We have to be the heartbeat of it all,” said Rep. Trey Martinez Fischer, D-San Antonio.

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