Property tax cut, teacher pay raises fail. Will TX lawmakers return to finish the job?

The Texas Legislature adjourned on Monday, but the session’s end could be short lived.

Over the course of five months, lawmakers approved expanded postpartum Medicaid coverage for new moms, limited sexually oriented performances in front of kids and restricted diversity, equity and inclusion initiatives at universities. They banned transgender children’s access to gender-affirming health care and did away with inspections for non-commercial vehicles. The proposals are subject to approval by Gov. Greg Abbott.

Lawmakers also rejected expanded sports betting and casino gaming, medical marijuana for chronic pain and a proposal to raise the age to purchase semiautomantic rifles.

And while Monday technically marks the end of their work, there was still unfinished business on the final day of a session that began with lawmakers optimistic about funding opportunities that come with a hefty $32.7 billion surplus.

Political experts pointed to property taxes and education, particularly school choice — both top Abbott priorities — as possible topics of a special session. The governor convenes and sets the agenda for special sessions, and there’s no limit on the number of special sessions the governor can call.

When House Speaker Dade Phelan adjourned the regular session on Monday evening, he cautioned that representatives should be prepared to stick around Austin.

“Members, I also expect to have a proclamation from the governor from the governor in the next 12 hours, so I would not pack your bags just yet,” he said.

Patrick also told lawmakers to stay put, predicting they could come back as early as Tuesday.

“We’ll probably see you tomorrow. Hopefully not, but we’ll see,” Patrick said.

In addition to historic property tax cuts, Abbott has advocated for education savings accounts, a voucher-like program that would allow public money to go to a student’s private education. As the clock ticked on Monday, it was known that the education proposal wouldn’t pass, but there was still hope of a potential property tax compromise between the House and Senate. Lawmakers adjourned with no deal.

“At this stage, I think there’s a very high probability of a special session, especially if … the Senate and House aren’t able to iron out a last minute deal on property tax relief,” said Mark Jones, a Rice University political science professor.

Abbott has said he’d call a special session if he didn’t receive the legislation for “meaningful” school choice, including the education savings accounts.

There’s also the matter of Texas Attorney General Ken Paxton’s impeachment trial in the Senate.

Will lawmakers work overtime?

A spokesperson for Abbott did not return a late Monday morning text message seeking comment on his plans for a special session, if any, but there was buzz at the Capitol on over the potential of at least one.

Lt. Gov. Dan Patrick hinted at the possibility of a special session Monday morning, as the chamber selected a new president pro-tempore, a Senate leadership role.

In the House, Seaker Dade Phelan too made reference to lawmakers possibly continuing their work beyond Monday.

“We have many wonderful things we’ve accomplished this session, we can be so proud of,” Phelan said. “We probably have an opportunity to accomplish more, in hopefully the coming months not days.”

By the time they gaveled out, both state leaders seemed sure it wasn’t a question of if there will be a special session but when.

Property tax cuts

A property tax deal hadn’t been announced as of late Monday afternoon and the issue remained unresolved Monday evening when the regular session wrapped.

Property tax relief has been a top priority of the big three — Abbott, Patrick and Phelan. But the Legislature’s two chambers have been at odds over how to deliver the reductions.

The Senate, under Patrick’s leadership, has favored increasing the state’s homestead exemption. Meanwhile the House, overseen by Phelan, has supported limiting yearly appraisal increases for all property types.

Lawmakers from the House and Senate are part of a joint committee to negotiate on the bill — negotiations that in part appeared to be playing out on Twitter in the session’s final stretch.

Patrick on Monday said he sent a letter to Abbott with a list of items he’d like to see on the special session agenda. Among the items: Propery tax relief.

“Senate Bill 3, the Property Tax Relief Bill, is vitally important to homeowners across the state, and the Legislature cannot retire until we achieve the biggest tax cut in the history of Texas,” the letter reads.

School vouchers and teacher pay

The House overall has opposed voucher-like programs during the session, with the two chambers amending each other’s bills to include or scale back proposals for education savings accounts.

Wrapped up in the school choice debate is teacher pay raises, which didn’t pass this legislative session.

If called back for a special session, the issues of vouchers and school funding should be taken up separately, educators said during a Monday morning news conference. Nancy Humphrey, president of the Plano school board, said lawmakers should focus on helping schools strengthen their teaching workforce and catching up with inflation.

“We urge them to take and make robust and meaningful increases to the basic allotment,” she said. “That’s the mechanism that funds our public schools and that has not increased since 2019.”

If lawmakers are determined to consider education savings accounts, they should let the proposal stand on its own merit, Humphrey said.

“Let the members of the Legislature consider them separately,” she said. “They are not intertwined.”

Ken Paxton impeachment trial

Much of the last week of the legislative session has surrounded the investigation and impeachment of embattled Texas Attorney General Ken Paxton.

The House on Saturday voted overwhelmingly to send 20 articles of impeachment to the Senate for a trial. The Senate, as of late Monday afternoon, had not announced when the proceedings would be held.

If not decided Monday, the House delivers by messenger or mail the articles of impeachment to the governor, lieutenant governor and each senator. The governor can then call on the Senate to convene for the trial. If he doesn’t, that responsibility falls to the lieutenant governor, then the president pro tempore, then a majority of the Senate.

The Senate has the ability to compel testimony and send for “persons, papers, books and other documents.” A two-thirds vote of the Senate is needed to convict.

Sen. Angelia Paxton, a McKinney Republican and Attorney General Paxton’s wife, serves in the Texas Senate.

The House on Monday named impeachment managers, who delivered the 20 articles of impeachment to the Senate.