Isn’t that special

This week, and as predicted, the legislature has gone into special session (a limited 30 day session called by the Governor).  At the conclusion of the regular 140 day regular biennial session (which meets only in odd-numbered years), the gavel came down in both chambers signaling the end, but within 10 minutes, the Governor invoked his state Constitutional powers.  Such authority allows the state’s chief executive to call the legislators into “extraordinary session…at any time and for any reason”.  The key is that the Governor must specify the issues or else face a runaway legislature (one where lawmakers focus on their own policy agenda rather than what the governor wants).

Several outstanding issues need resolution, but most salient is the need to adopt a redistricting map.  After the 2010 census required by the U.S. Constitution, the Texas legislature had to go through reapportionment of the Texas House and Senate, along with the U.S. House of Representatives.  Seats were reallocated into the different administrative or election districts, and then the state legislature had to redistrict (the process of drawing boundary lines for election districts in a state).  The new maps resulted in the filing of two federal court cases (one in San Antonio and the other in Washington, D.C. where Texas had to get approval from the federal government).  The San Antonio court found that the legislature had gerrymandered (illegally manipulated) district lines to favor one group over another.  The three-judge court then re-drew the maps to accurately represent racial minority interests—those maps were used in the 2012 election. The court in D.C. did the same thing about six months later.   

Now the state legislature has to vote on whether they want to approve the San Antonio map or try to draw up their own during the special session. 

Other hot issues that Governor Perry may press for during the special session include prohibiting abortions after 20 weeks, drug testing for welfare applicants, and allowing guns on campus. The Governor may have to call more than one session.  He can call an unlimited number, but each 30 day session costs about $1.3 million because of per diem costs—monies allocated to pay for funding, travel and staff during the session.  Perry hasn’t been shy about using his authority—he’s called 10 sessions during his 12 years in office.  

And in other census news, a new report highlights that Texas’ growth in the Hispanic population after the 2010 census means that immigrants have substantially contributed to the gross state product (total sum of all goods and services produced in the state in a given year).  According to the report, Texas’ immigrants produce about 69.3 billion in economic activity by spending in the state, contribute about $30.8 billion in gross state product, and account for approximately 403,174 of the state’s workforce.   The report comes at a time when the U.S. government is considering a major overhaul on immigration reform. 

Guess we’ll just have to wait and see whether the federal government thinks immigrant economic contributions are special enough to merit immigration reform.

Feeling lucky punk?

All 31 newly elected Texas Senators held a lottery last week to determine their electoral fate in the next two years.  What?  You thought they were just elected in the 2012 election cycle to a four year term?

They were—in theory.

Every state’s legislative evolution is unique.  Under the U.S. Constitution and following the decennial census, every state senate district is redrawn to ensure the state’s population is distributed approximately equally between districts. In the first election following the enumeration in the census (the counting of the population), all state senate seats come up for election.  What that means for 47 states is that Senators serve their designated term according to state law (which varies by state).  In a minority of states (Arkansas, Illinois, and Texas), the state senate terms are staggered and so Senate procedures randomly assign term lengths after each reapportionment—the redistribution of representation in a legislative body.   So after the first election cycle immediately following reapportionment, those elected in the three states use the device of random assignment to determine who serves for two years and who serves for four years after reapportionment.

How do they decide who serves what?   You take your chances, that’s how.

At the beginning of the legislative session, each senator draws an envelope with a number on a slip of paper sealed inside. Odd means you serve for four years, even means you serve for two.  So there were disappointed Texas Senators last week after they drew even numbers, including Wendy Davis (D-Ft. Worth) who had a hard 2012 election battle and Tea Party darling Donna Campbell (R-New Braunfels) who will face a tough challenge during a gubernatorial election year. Just unlucky I guess.

And speaking of lucky, looks like marijuana may catch a lucky break in Texas with bills that are being introduced which allow for the decriminalization of penalties for persons who are caught with marijuana.   Decriminalizing does not mean that the behavior is legal, it only means that the penalties associated with the criminal activity have been dramatically reduced.   One bill—originally proposed over ten years ago—limits the penalties for persons who are caught with marijuana, but who have a doctor’s recommendation that marijuana should be used for medical purposes.  In essence, that creates an “affirmative defense” (meaning that you are saying “yes I engaged in illegal behavior, BUT I have a reason for why I did it.”   Aother bill introduced lowers the penalties associated with recreational marijuana possession.  Neither bill legalizes medical (or recreational) usage, but both would help reduce some of the law enforcement costs associated with more minor drug usage (which costs Texas about $75 million per year).

And finally it looks likes guns may get lucky too. The Campus Carry bill that failed in the last two legislative cycles looks like its prospects are much better after Sandy Hook.  Lieutenant Governor David Dewhurst also proposed this week that K-12 teachers be given firearms training. Pro-gun rights groups hope this legislative session will expand gun access on college campuses and point to the shooting at Lone Star College in Houston where three people were injured as an example of why guns are necessary.

So you gotta ask yourself, “are you feeling lucky punk”?