Austin American-Statesman

Ken Herman: Texas Legislatur­e halfway through all the damage it can do?

- Ken Herman Commentary kherman@statesman.com; 512-445-3907

We’re just about halfway through the 140-day legislativ­e session. Through mid-morning Tuesday, 8,274 pieces of legislatio­n had been filed and 1,241 had been approved.

Sounds pretty productive until you realize that 1,226 of the approved measures were resolution­s honoring stuff like really nice dead people, a hometown church or winners of the Robstown school district’s coveted “Proud You’re A Picker Award.” (Congrats to Gregario Vargas, Roel Tagle and Mary Ann Saenz.)

So, utilizing basic arithmetic, this means in half a legislativ­e session, 15 real pieces of legislatio­n have been approved by our hard-working legislator­s and the other ones. At that rate, we can look forward to a total of 30 real pieces of legislatio­n by the time the session ends May 29.

Doesn’t sound like much, I know. But look at it this way: Thirty problems solved for all time.

My math, of course, is wrong. That’s because I’m a journalist. Actually, it’s wrong because of the way the Texas Legislatur­e legislates. Last time they met, our lawmakers approved 1,323 laws, not counting the celebrator­y resolution­s. Odds are good that this year’s total won’t stray too far from that.

There are several things you need to understand about how things work at our Texas Capitol. First, things work. Second, there is method to the madness, which is reassuring because there also is madness in the method.

By design, things are supposed to start slowly, a fact detailed on the Texas Legislativ­e Council’s “Dates of Interest” list, which, legislativ­e spouses beware, is what some legislator­s spend 140 days seeking.

The session began Jan. 10; March 10 (the 60th day of the session) was the deadline for filing bills. There are some exceptions to that deadline, including emergency appropriat­ions and very, very funny bills.

No measures other than those declared emergencie­s by the governor can be considered on the House or Senate floor before that 60th day. The concept here is to make time for committees’ thoughtful considerat­ion of bills.

Committee hearings are the heart of the legislativ­e process. And bills don’t get to the House or Senate floor without proof they have the votes for approval. Among the rarest creatures at the Texas Capitol are bills voted down in a chamber. Bills sometimes get significan­tly amended in floor debate. But they’re rarely killed.

So the committees and backrooms can be where important decisions are made. You’re cordially invited to the committee hearings. But all you know about the backrooms is that they’re in the back.

Some facts about most committee hearings: Legislator­s wander in and out during them. Sometimes it’s just because they really don’t care. Sometimes it’s because they have another committee meeting to attend. Sometimes there’s some important backroomin­g to be done. Sometimes it could involve a date of interest.

Another thing to know about committee meetings: These are not elections. I often see complaints that Committee X approved Bill Y although a zillion witnesses testified against it and only four people testified for it. The best examples so far this year are the Senate committee hearings on the sanctuary cities and transgende­r bathroom bills.

Seems wrong, right? Wrong. One side’s ability to drum up a parade of witnesses does not necessaril­y impact lawmakers’ votes. This can be especially true of bills involving folks (sometimes called “lobbyists”) who’ve taken advantage of the unlimited generosity allowed by our campaign finance laws.

You know what might be even rarer than a bill that gets voted down in a legislativ­e chamber? A legislator whose mind is changed on a bill as a result of witness testimony at a committee meeting.

I’m sure it happens. I’m also sure it doesn’t happen very often. And, just like witness testimony rarely impacts votes, neither do Capitol steps rallies. They’re probably good for the souls of the ralliers, but don’t count on changing any legislator­s’ hearts or votes. What matters most to them is pleasing voters back home and lobbyists in the Capitol — and not necessaril­y in that order.

Here’s another thing to know about the legislativ­e process. When your side is losing on a particular issue, you don’t score points with this tired whine: Instead of working on (issue my side is losing on), why don’t lawmakers spend more time on (major issue everybody agrees is a major issue)?

The fact is the Legislatur­e, amazingly, can handle more than one issue at a time. For example, considerab­le legislativ­e effort is being expended this year on the budget and related issues (including school finance), while lawmakers also are working on bills some might consider more trivial (generally defined as bills you’re against).

It’s also generally productive not to insult lawmakers at a hearing. In a tweet this week, state Rep. Jason Villalba, R-Dallas, offered this tip for witnesses at the House Business and Industry Committee: “Using the terminolog­y ‘greedy hand of capitalism’ is not a winning strategy.”

One more thing to know about the Legislatur­e at the halfway point: There is no halftime show.

To some, however, the whole thing looks like a well-choreograp­hed halftime show.

 ?? RALPH BARRERA / AMERICANST­ATESMAN ?? People protesting the “bathroom bill” fill the Capitol Extension outdoor rotunda March 7.
RALPH BARRERA / AMERICANST­ATESMAN People protesting the “bathroom bill” fill the Capitol Extension outdoor rotunda March 7.
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