It is shaping up for a legislative water fight in the last month of the session because HB 11 has hit a sinkhole. The bill funds the state’s 50-year water plan, and while it had enough votes for passage (76 of 150 House members), the bill relied on $2 billion from the Rainy Day Fund (Texas’ $12 billion projected surplus). Legislation which raids the Rainy Day Fund requires a two-thirds supermajority vote (100 of 150 House members). Both Tea Party conservatives (who don’t want to use Rainy Day monies at all) and Democrats (who wanted Rainy Day funds to be used for both water and education projects) were unhappy with HB 11.
The bill drifted because of a point of order (debate query about whether correct procedures are being followed). To kill the bill, Rep. Sylvester Turner (D-Houston) argued House rules mandate a minimum number of days for consideration—HB 11 did not meet that prerequisite (it needed 6 more days for deliberation). It might get incendiary though—Democrats have accused non-Tea Party Republicans of callousness because they are willing to raid the budget surplus for water projects, but not for children’s education. There’s some hope—the Democratic Caucus has proposed amendments to restore education funding cut last legislative session—so a compromise could get Democrats on board.
Someone may need to throw water on the firestorm that has resulted from the explosion in West, Texas, which killed 15, injured hundreds, and triggered calls for both state and federal investigations. Six different state and two different federal regulatory agencies have substantive jurisdiction (legal authority to regulate). Lax regulation may set off finger pointing between Texas and the federal government because 270 tons of ammonium nitrate went unreported to the Department of State Health Services (that’s 1,350 times the amount needed to sound the alarm of an administrative inspection—requirements that regulators investigate health and safety concerns).
U.S. Senator Barbara Boxer (D-California) has also called for oversight hearings (the power of legislatures to review how laws are implemented) because the plant had exceeded regulatory standards (benchmarks established by regulatory agencies to enforce legislative provisions). She sent letters to the U.S. Chemical Safety Board and the Environmental Protection Agency (EPA) requesting investigations and guidelines for prevention.
This is serious stuff.
Finally, in the “that’s not funny” category, the West explosion sparked a paroxysm from Governor Rick Perry because of a political cartoon mocking Texas’ regulatory enforcement. The graphic shows the Governor promoting Texas’ capital investment (“Business is Booming”) and our anti-regulatory approach (“Low Tax-Low Regs”) next to a picture of a giant explosion (recalling images of West). The Governor demanded an apology, but cartoonist Jack Ohman says he’s not backing down.
Where there’s smoke there’s fire. Can someone please get the water hoses?
Personal blog note: Families of first-responders and victims of the West explosion held memorial services this last week. Our thoughts go out to all those who lost loved ones and to those affected or injured by the blast. Texas is a big place, but in times like these, we remember that our small communities are linked together in spirit.
Lone Star News Review 