Austin American-Statesman

What’s special about the special session

Here are answers to questions about events starting on Tuesday.

- By Johnathan Silver jsilver@statesman.com

The Legislatur­e meets Tuesday for the start of a special session. Gov. Greg Abbott wants lawmakers to tackle 20 topics, some of which proved contentiou­s during the regular session.

The first order of business: a bill that would keep five state agencies in operation. After that, Abbott will open up the session to the other 19 items on his agenda, including legislatio­n that would regulate which public bathrooms transgende­r people can use, allow special needs students to use state money for private school tuition, limit property tax increases and void local ordinances restrictin­g tree removal and driving while talking on a cellphone.

What is a special session?

A special session is the convening of the Legislatur­e outside of a regular session, which runs for 140 days every odd-numbered year.

Why do we have special sessions?

Special sessions are like the overtime period in a game. When

issues important to the governor aren’t resolved by the end of the regular session, he or she can summon lawmakers back to Austin. Special sessions are mandatory only when lawmakers fail to send a budget to the governor. All other issues can be assigned to a special session at the governor’s discretion.

How is it different from a regular session?

Timing and the agenda are the biggest difference­s between a regular and special session. During the regular session, lawmakers have months to finish the state’s business and generally have free rein over the topics. But a governor alone calls special sessions and sets the agenda.

How long do special sessions last?

The Texas Constituti­on states that a special session can be no longer than 30 days. The constituti­on, though, doesn’t specify a minimum amount of time for a special session, according to the Texas Legislativ­e Reference Library.

How much does a special session cost?

Based on the per diem rate of $150 for lawmakers to cover expenses, a special session could cost more than $800,000. Another estimate, which considers security, staff support and other factors, puts the price tag at more than $1 million.

What happened to all the bills that were so close to passing during the regular session?

Lawmakers have to start the legislativ­e process over during a special session. If a bill progressed through the legislativ­e process during the regular session, that gives the author a head start, but it still has to be filed, go through a committee and survive floor votes in both chambers before reaching the governor.

Are bill numbers the same?

Don’t count on it. Remember: new session, new bills. Pay attention to bill numbers when tracking legislatio­n. For example, during the regular session, House Bill 51 dealt with oyster fisheries. For the special session, House Bill 51 is about pregnancy-related deaths.

When can bills be filed?

As soon as the governor officially calls for a special session with a proclamati­on, which he did last week.

Can bills unrelated to Abbott’s items be considered?

No, but that won’t stop lawmakers from filing a bill. Consider it a wish list for the governor, who at any moment can add items to his special session call or summon lawmakers back to Austin for an entirely new special session.

Can the speaker of the House be removed during a special session?

This is a topic of recent interest, with some conservati­ves calling for Speaker Joe Straus’ replacemen­t for being at odds with fellow Republican­s over transgende­r bathrooms, property tax and school choice legislatio­n. The last time a member of the House sought to remove a speaker with a motion to “vacate the chair,” in 2007, then-Speaker Tom Craddick, R-Midland, refused to recognize the motion. Straus ultimately succeeded Craddick as speaker, and the rules were changed to require recognitio­n of a motion to vacate the chair.

What if all of Abbott’s items aren’t resolved by the end of the special session?

Abbott could cut his losses and move on, or he could call another special session. In announcing the special session, Abbott put lawmakers on notice, saying, “If they fail, it’s not for lack of time, it would be because of a lack of will.”

 ?? JAY JANNER / AMERICANST­ATESMAN ?? House Speaker Joe Straus gavels in the 85th legislativ­e session on Jan. 10. The special session will begin on Tuesday.
JAY JANNER / AMERICANST­ATESMAN House Speaker Joe Straus gavels in the 85th legislativ­e session on Jan. 10. The special session will begin on Tuesday.

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