AUSTIN (Talk1370.com) -- What Gov. Greg Abbott promised would be the first of "several" special sessions of the 88th Texas Legislature turned into a bit of a roller coaster Tuesday - with the Texas House telling its counterparts in the Senate to essentially "take it or leave it."
Tuesday evening, the House adjourned sine die for the special session, after members voted on and passed two bills - property tax relief aimed at reducing school property taxes, and a second bill that would increase penalties for those convicted of human smuggling. The two items represent both of the items on Abbott's special session call.
The abrupt adjournment - on the first full day of a potential 30-day special session - means the House can't meet again until a new session is called. That leaves the Senate to either accept the two House bills as-is and send them to Abbott for his signature, or reject them and leave the session in a deadlock.
Tuesday's drama comes just a day after both chambers adjourned the regular session, only to be called back into special session just hours later.
"When Governor Abbott declared a special session yesterday evening, we had every intention of gaveling in this morning, fulfilling the Governor's call, and gaveling out," said House Speaker Dade Phelan in a statement. "I am proud to say that's exactly what happened in the Texas House today."
The two chambers have been at odds on how to deliver property tax relief to Texans, as lawmakers argued for much of the session over how to spend $12.3 billion in funds already set aside by both chambers in the budget passed during the regular session. Lt. Gov. Dan Patrick and the Senate have backed an effort to increase the state's homestead property tax exemption to $100,000, while Phelan and the House focused much of their efforts on an appraisal cap that would stretch the benefit beyond homeowners.
The Senate held true to its plan Tuesday, swiftly passing a bill and a resolution supporting 10 cents of property tax compression along with a $100,000 homestead exemption, with an increase to $110,000 for those over age 65. The Senate then adjourned until Friday.
Phelan promptly rejected both items when they reached the House, saying any effort to increase the homestead exemption was not germane to Abbott's special session agenda.
Abbott had stayed out of the debate between the two chambers through the regular session; that changed Monday night, when his special session agenda specifically called for legislation that would provide tax relief "solely by reducing the school district maximum compressed tax rate." Tuesday morning, Abbott cited the support of several business and advocacy groups across the state who said they were in favor of his plan.
Under state law, only Abbott has the power to call lawmakers into a special session, with the sole power to set a limited agenda for lawmakers to work on.
After the House adjourned Tuesday night, Abbott praised the chamber's efforts. "The Texas House is the only chamber that passed a property tax cut bill that is germane to the special session that I called to provide Texans with property tax relief," said Abbott. "It provides more cuts to property tax rates than any other proposal at this time. It is supported by the most respected tax think tank in the state, as well as more than 30 homeowner, consumer, and business groups across the state. I look forward to signing it when it reaches my desk."
Patrick responded to the developments late Tuesday, blasting the House and Abbott. "[Abbott] seems misinformed about the roles of the executive and legislative branches of government," Patrick wrote in a statement on Twitter. "While the Governor has the sole authority to call the Legislature into Session, the Legislature writes the bills – the courts have been crystal clear on this."
"I stand by our bill," Patrick's statement continued. "It is germane to the call – legal precedent is clear on this point. Something Governor Abbott and Speaker Phelan should remember -- for any bill to pass, it must go through both the House AND the Senate."
"While the House may have thrown in the towel, the Senate continues to work," Patrick said. "The Governor should feel free to expand the call to include other critical issues for our State."
