Texas Legislature ends 2nd special session: What passed & what didn't

DALLAS - The Texas Legislature has officially ended its second special session, and lawmakers are heading home.

Here’s an update on which bills were passed, and which policies were held up by political debate.

2nd Special Session Ends

What's new:

It was a late night for lawmakers on Wednesday, who worked during the Texas Legislature’s second special session until right after midnight. 

Despite being allowed to continue working through mid-September, they gaveled out a few weeks early and are heading home to their respective districts.

Lt. Gov. Dan Patrick said he doesn’t think any Senate body has accomplished so much in the history of the state.

Redistricting

The hot-button issue that derailed the first special session was redistricting.

Republicans passed new congressional maps that will likely help their party secure more five seats in the U.S. House.

The initiative sparked action from House Democrats who fled the state to break quorum and delay voting on the policy. That ultimately ended the first special session earlier this summer.

The lawmakers were called back for the second special session on Aug. 18 and passed the new maps, which have since been signed by Gov. Greg Abbott.

SMU political scientist Mattew Wilson says he expects legislation to be put forth to end quorum breaking.

"Texas is unusual in requiring two thirds for a quorum. That's a constitutional amendment that the legislature, if they want to end quorum breaking, should really look at passing. And maybe they will try to introduce that in the next session and put that before the voters," he said.

Flood Safety

Lawmakers also focused on addressing the July 4 floods in Central Texas that killed 130 people, including 25 young girls at Camp Mystic.

The legislature passed a handful of requirements for overnight camps located near flood zones. Some of the measures require camps to develop emergency plans and install emergency warning systems.

The policies also prohibit cabins from being located in a floodplain.

Abortion Restriction

Lawmakers also further restricted access to abortions in Texas with a bill that allows private citizens to sue any corporation or person who provides abortion pills to Texas women.

Pharmaceutical companies, medical providers, or health activists could end up paying $100,000 each time they are successfully sued. But the women taking the medication cannot be sued.

THC Ban

The legislature didn’t accomplish everything it set out to do in the second special session.

The topic that brought lawmakers back to the capitol in the first place, regulating the booming THC industry, didn’t reach a resolution.

Lt. Gov. Patrick posted on social media that he, the governor, and the speaker of the House couldn’t come to an agreement at this time.

Gov. Greg Abbott has the power to call a third session, but has not signaled that he will do so.

A new law that was passed during the regular session, which went into effect on Sept. 1, bans the sale of all THC vape pens and cartridges in the state of Texas.

Replacing the STAAR test

Lawmakers sent a bill to Abbott's desk that would replace STAAR, the state's standardized test.

Under House Bill 8, the State of Texas Assessments of Academic Readiness would be replaced by three smaller tests that are administered throughout the year. One at the beginning. Another in the middle of the year, and finally one towards the end of the year.

The tests would be created and administered by the Texas Education Association, and the results would be available within 48 hours for near-instantaneous feedback for teachers and parents.

Supporters of the decision said moving away from a single test each year will help ease test-related pressure and anxiety for students.

Critics of the bill questioned if TEA should be the agency responsible for developing the new tests after what they call a lack of success with the STAAR test.

Transgender bathroom bill

Senate Bill 8 bans transgender people from using bathrooms in government buildings that align with their gender identities.

SB 8 would require individuals in schools and government buildings to use a bathroom that coincides with their biological sex. It would also limit what family violence shelters, prisons and jails that transgender people can be placed into.

While fines would be set for places in violation of the law, individuals would not be penalized. 

SB8 also allows the state's attorney general to investigate claims of violation.

A late change by the House increased the penalties for those violations from $5,000 for a first offense to $25,000 with penalties for subsequent offenses climbing from $25,000 to $125,000. The bill's text says each day counts as a separate violation.

Limits to fundraising for lawmakers that leave the state

Lawmakers that leave the state to block votes, like last month when House Democrats left the state to block a vote to new redistricting maps, will now face stiffer penalties and have an uphill battle for fundraising while they are absent from the session.

Under House Bill 18, lawmakers that leave the state will only be able to collect donations up to their current per diem, $221 per day. They are also prohibited from using campaign funds on lodging, travel and food for an out-of-state trip.

The Texas House also advanced new rules with harsher penalties for lawmakers that skip out on a legislative session. The new rules impose heavy fines, loss of seniority and the loss of leadership roles in House committees.