Legislature adjourns Sine Die without deal on property tax relief, special session looms

The final day of the 88th legislative session ended Monday evening with lawmakers and Gov. Greg Abbott unable to reach agreement on how to deliver a promised record-breaking property tax cut despite the state sitting on a massive $32.7 billion surplus.

Adjournment by the House at 6:17 p.m. and the Senate at 6:40 p.m. all but assured that Abbott, a Republican whose third term opened around the same time lawmakers gaveled into session exactly 20 weeks ago, will swiftly convene a special session so that the negotiations that ended in failure can resume with only a short interruption.

At about 9 p.m., Abbott did just that, announcing the special session started immediately. Abbott said this 30-day session would be the first of "several" and would focus on property taxes and border security.

Lawmakers expected the special session.

“Members, I expect a proclamation from the governor’s desk within the next 12 hours and I would not pack your bags just yet,” Republican House Speaker Dade Phelan said to the House as he gaveled the session to end using the traditional Latin phrase, “sine die,” which essentially means “indefinitely.”

The Senate ended its work 23 minutes after the House folded its tent.

The regular session ended two days after the House voted 121-23 to impeach Republican Attorney General Ken Paxton on charges that include abuse of power, corruption, and retaliation against whistleblowers in his office. The matter now heads to the Senate for a trial. Phelan acknowledged the historic vote in front of the House on Monday before the lower chamber adjourned.

"What happened this week is nothing I take pride in," said Phelan. "But it was necessary. It was just. The Texas House spoke, and sent a strong message for the future of Texas."

In contrast, much of Monday’s floor session in the House and Senate included a generous dose of pomp and ceremony, but with the certain likelihood of a special session after lawmakers failed to pass deals on a number of Republican priorities.

Lawmakers could not agree on how to deliver property tax cuts to Texas homeowners, and the parameters of a “school choice” program, both top priorities of Abbott for the legislative session.

Unlike the final day of most legislative sessions where a “last day of school” vibe permeates both chambers, Abbott and key legislative leaders spent much of Monday attempting to reach an eleventh-hour deal on property tax cuts.

Around 3 p.m., Lt. Gov. Dan Patrick needled Phelan in a Twitter post to send the two top House negotiators to the Senate for a face-to-face meeting. A short time later, House Appropriations Committee Chairman Greg Bonnen and Dustin Burrows, chairman of the Calendars Committee, walked from the House to the Senate.

The pair spoke briefly with Sen. Paul Bettencourt, a Houston Republican, and the force behind the tax cut effort in the upper chamber before heading toward Patrick’s private office suite. Bettencourt did not join them.

About 25 minutes after entering the Senate, Bonnen and Burrows walked back across the Capitol rotunda, through the House chamber and toward Phelan’s private offices. They declined to answer questions.

Before the Legislature adjourned sine die, Patrick issued a letter to the governor requesting that more than 20 bills be included on the special session call in addition to school choice and property taxes, including raises for teachers, a ban on “critical race theory” in higher education, bail reform, 10 year mandatory minimum sentences for crimes committed with guns, a ban on “drag queen story hour” events, and creating a Texas Border Force.

“While the Senate worked hard all session to efficiently conduct the people’s business, many important issues affecting Texans died in the Texas House,” read Patrick’s letter. “I believe these bills are important for the future of Texas. They will help to significantly reduce property taxes, give parents more choices in their children's education, secure our border, and ensure our election process is accurate and accountable.”

Among the proposals lawmakers did send to the governor’s desk this session: a ban on certain medical treatments for transgender kids, expanding Medicaid coverage for mothers postpartum to 12 months, and a ban on transgender athletes from competing in collegiate sports on teams that align with their gender identity.

Lawmakers also allocated $1.1 billion for school safety in the budget and another $330 million in House Bill 3 for security infrastructure for campuses. About $4 billion remains in the budget unallocated for the Texas Education Agency, but proposals that would have increased per pupil funding and teacher pay failed, largely because those bills got tied up with a controversial school choice program.

The Texas Legislature advanced several of Patrick’s higher education priority bills, including legislation that would prohibit diversity, equity and inclusion offices in Texas public colleges and universities starting in 2024. It also bans mandatory DEI statements and DEI training.

Lawmakers also passed a bill which codifies tenure into state law and makes other adjustments to tenure policy in the Education Code, opting not to pass the Senate’s proposed total ban on tenure.

Other approved higher education bills that are headed to the governor’s desk include proposals to provide hundreds of millions of extra dollars to the state's 50 community colleges and create a $3 billion endowment for higher education research, pending voter approval of a constitutional amendment.`

The final day of any legislative session often includes light-hearted moments and lawmakers can be expected to congratulate one another on a range of accomplishments.

One example this year was a resolution to honor state Rep. Senfronia Thompson, 84, a Houston Democrat, marking her 50th year of House service. Thompson is the longest-serving Democrat, the longest-serving woman and the longest-serving Black member in the history of the Texas.

Several members made impromptu speeches to applaud Thompson for her work to combat human trafficking and the sex trade, to open opportunities for Texans of color and for being a mentor for both new lawmakers and even for many who have served for several years.

Thompson was not told about the resolution and was gracious when asked to address the House.

"I was very impressed to hear all of the things that I have been able to accomplish," she said with a touch of wry humor. "But none of those things that I accomplished were without the support… of legislators like you and those in the past. It just shows you what can be accomplished when we work together."

American-Statesman reporters Megan Menchaca and Keri Heath contributed to this report.

This article originally appeared on Austin American-Statesman: 2023 Texas Legislature adjourns Sine Die, special session likely