Overview
As of today, there are 21 days remaining in the current regular legislative session. As usual this time of year, the pace both speeds up dramatically and slows down at times to a standstill. The first of many deadlines arrives May 12 and continues every few days thereafter. These deadlines, first introduced in the 1990s during Speaker Pete Laney’s tenure, restrict the number of bills that can continue to be considered in the House. This process also forces the Senate to adhere to a series of deadlines, although its system is less rigid due to its ability to regularly suspend necessary rules.
The big-ticket item—the budget—is the only bill that must be passed. It is currently in conference committee, where the differences between the House and Senate versions will be hammered out. This will likely be completed toward the end of next week. There’s still plenty of time—sort of. June 2 is a hard deadline.
The Lieutenant Governor said earlier this session that his two priorities—bail reform and banning THC—would need to be addressed or he would force a special session. (Note: Only the Governor can call a special session.) It is assumed he would attempt this by withholding passage of the budget until those goals are met. Not passing the budget on time would likely force the Governor to call a special session.
The House version of the THC bill does not ban the substance outright, but instead seeks to regulate and restrict access. That bill seems headed for a conference committee. Bail reform is also likely to head to conference with significant differences between the House and Senate versions. Only time will tell whether the final compromises in these bills will satisfy the Lieutenant Governor’s demands.
Important Dates and Deadlines
The first of several deadlines begins Monday, May 12, which is the final day House committees can report House Bills and House Joint Resolutions. However, this deadline is somewhat moot, as Tuesday, May 13, is the last day a House daily calendar featuring House bills can be distributed. In reality, it takes at least a week for a House bill that has passed out of committee to reach the Calendars Committee. Bills voted out on May 12 have no chance of being calendared. To be viable, a bill should have cleared committee at least two weeks prior.
The next two major deadlines on the House calendar are Thursday, May 15, and Friday, May 16. Thursday is the final day to hear House bills on second reading, and Friday is the last day to hear them on third reading. Floor action typically ends at midnight on both days. Expect a great deal of “chubbing”—slang for delaying tactics through prolonged discussion. Some of it may be warranted; much of it is not. These two days often become an opportunity for legislative payback, deserved or otherwise.
The next key dates are Saturday, May 24, and Sunday, May 25. On May 24, House committees must report out Senate bills. On May 25, the final calendar featuring Senate bills that have passed out of committee must be printed. Again, as stated earlier, if your Senate bill hasn’t cleared the House committee at least a week before this deadline, it’s likely too late. The process of moving a bill through committee to the Calendars Committee is a tedious, multi-step paper process involving many hands.
Tuesday, May 27, is the final day for the House to consider Senate bills on second reading. Wednesday, May 28, is the last day to consider them on third reading. The Senate must also consider all bills on second and third reading by May 28. After midnight on that day, a bill either passes or dies. What follows is final agreement and discussion on conference committee reports. The session concludes Monday, June 2.
What It Means for the Texas Wine Industry
Several bills of interest to the Texas wine industry are still working their way through the process. The most talked-about bill, HB 3385 (King), has passed the House and is awaiting referral to a Senate committee. It’s expected to go to the Senate State Affairs Committee, which has handled all alcohol legislation this session. TWGGA has taken a position against HB 3385 due to its ambiguity, poor drafting, and general lack of industry input.
Additional bills TWGGA opposes include those requiring warning labels on wine and mandating that all wineries use driver’s license readers. Another bill would allow California wineries to conduct tastings at farmers markets and local festivals. We will continue working against these anti–Texas wine industry efforts through the remainder of the session.
TWGGA is also supporting several bills that would benefit the industry. These include proposals allowing wineries with restaurants to also sell malt beverages and raising the alcohol-by-volume threshold for wine from 14% to 16%. There are also budget items supporting the industry, including allocations for Texas Tech, AgriLife, and Grayson County Community College. We are working to ensure those funds remain in place.
I’d like to take a moment to recognize several elected officials who have been strong supporters of our industry this session: Senator Perry, Senator Parker, Senator Paxton, Senator Flores, and Chairman Hughes. These members have stood with the industry throughout the session. If you have a moment, please thank their offices for their support.
While the legislative session is nearing its end, there is still plenty left to play out. Stay up to date by regularly checking the TWGGA website.
—TWGGA Legislative Advocate Kyle Frazier