What happened, and didn’t, this session of the Legislature

May 25--The soon-to-end 86th regular session of the Legislature was supposed to be dominated by school finance and property taxes -- and it was -- but there was plenty of time to renew old fights over abortion, immigration, guns and LGBT rights.

School safety was a focus after eight students and two substitute teachers were shot to death last year at Santa Fe High School, and lawmakers also carved out time to address sexual violence, tackle a backlog of untested rape evidence and address the ravages of Hurricane Harvey.

Bills sent to Gov. Greg Abbott would raise the legal age to buy and use tobacco and vaping products from 18 to 21 and expand the availability of low-potency medical marijuana.

But in many ways, the 140-day session, which will end Monday, will be remembered for what didn't happen.

Efforts to make it more difficult, if not impossible, to remove Confederate monuments generated a lot of heat while passing the Senate and a House committee before failing to get a vote in the House. Senate-passed bills to curtail the ability of Austin and other cities to require paid sick leave and regulate other employment practices died in the House as well.

Support from Abbott wasn't enough to spur any action on a bill to require the University of Texas and Texas A&M to renew their rivalry on the football field.

And several efforts to end daylight saving time did not get their day in the sun.

Here's a look at what did -- and didn't -- happen this year at the Legislature:

Abortion

Cities, counties and school districts will have to stop doing business with Planned Parenthood and other abortion providers and their affiliates, and abortion doctors will face prison time and a fine of at least $100,000 if they do not provide immediate medical care after a live birth during an abortion, an extremely rare event.

But some of the state's most ardent abortion opponents saw the session as a wasted effort after Alabama, Mississippi and other states enacted bans or near-bans on abortion, although courts have blocked some of those laws.

No action was taken on legislation to outlaw abortion in Texas, allow women to be prosecuted after an abortion or ban the procedure after a fetal heartbeat is detected, typically around the sixth or seventh week of pregnancy, before most women know they are pregnant.

In addition, a bill that would have ended late-term abortions for fatal fetal conditions, and another that would have required pre-abortion counseling from groups that oppose abortion, passed the Senate but died in the House.

Gun rights

The Legislature's march toward expanding gun rights continued this session with several relatively minor bills, such as one removing houses of worship as gun-free locations, although churches and synagogues can post no-guns-allowed signs if desired.

The biggest fight, however, surrounded "constitutional carry," the idea that any legal owner can carry a handgun without a state-issued license to carry, after gun rights activist Chris McNutt was met by state troopers outside the Lake Jackson home of House Speaker Dennis Bonnen in March.

McNutt, bearing pro-constitutional carry flyers, said he was peacefully exercising his free speech rights.

But Bonnen blasted McNutt for employing intimidation tactics to support a dangerous idea that would make it impossible to identify those carrying illegally. Bonnen later revealed that he and his family were under police protection after receiving death threats from people Bonnen described as "fringe gun rights activists."

The fracas ended constitutional carry's chances, though advocates vow to try again next session.

Religious refusal

Conservative Christians and their Republican allies began the session with hopes of protecting religious beliefs from government interference, particularly when it comes to opposing same-sex marriage.

For most of the session, however, only one such "religious refusal" bill advanced -- Senate Bill 17, which sought to bar state agencies from denying or revoking a professional license for actions taken according to a "sincerely held religious belief." SB 17 passed the Senate but died in the House.

Efforts were renewed after the San Antonio City Council rejected Chick-fil-A as an airport vendor over "anti-LGBTQ behavior." Two bills, filed to allow refusal of service to same-sex couples by those with religious objections to gay marriage, were retooled to bar adverse government action based on membership in, or support for, a religious organization.

Democrats killed the first bill, saying it would perpetuate discrimination against LGBT people.

Republicans, saying religious freedom needed protection, hastened the second bill through both houses and to Abbott, who indicated his desire to sign SB 1978 into law.

Sexual violence

In the wake of the #MeToo movement, addressing sexual violence was a focus for many lawmakers.

Money was devoted to address the major cause of delays in testing evidence contained in a backlog of rape kits -- outdated technology and a lack of qualified testers. In addition, House Bill 8 set tighter deadlines to analyze rape kits and started the 10-year statute of limitations from the date kits are tested, instead of the date of the crime, to prosecute.

"That rape kit contains more than just evidence. That rape kit contains the hope that justice will prevail," said Rep. Victoria Neave, D-Dallas. "That rape kit contains the key to the prevention of future offenses."

Other bills before Abbott or close to being sent to him include:

• HB 1735 by Rep. Donna Howard, D-Austin, addresses sexual harassment, sexual assault, dating violence and stalking at universities by requiring prevention and outreach programs, improved training for police officers, and a fair and timely disciplinary process.

• HB 3809 extended the time victims of childhood sexual abuse can sue their abuser or an organization that failed to stop the abuse.

• SB 194 created a new crime, indecent assault, that includes up to one year in jail for groping and unwanted sexual contact. Current law allows only a fine of up to $500, which was an insufficient deterrent and provided little incentive to investigate alleged infractions, supporters said.

Immigration

Senate Resolution 535 declared the Senate's support for President Donald Trump's "barriers" along the border with Mexico and his handling of a growing humanitarian crisis that was overwhelming federal agencies with an unprecedented influx of migrants, particularly families and unaccompanied minors.

All 19 Republicans had signed on, but because the resolution bypassed normal consideration by a committee, Democrats were caught by surprise and bemoaned a betrayal of the Senate's tradition of transparency and courtesy.

Sen. Paul Bettencourt, R-Houston, said the worsening border situation demanded rapid action and urged support for his resolution calling upon Congress to act.

The resolution was approved on a party line vote, and Democrats later sent their own letter to Congress disavowing the resolution.

Education funding

Announced with fanfare Thursday, a House-Senate compromise on HB 3 would make sweeping reforms to the way the state's public schools are financed by updating and eliminating elements of the funding formulas, directing more money toward educating low-income students, lowering the payments that property-wealthy districts are required to transmit to subsidize property-poor districts, giving teachers raises and curbing the growth of property taxes that school districts levy. School officials praised the plan.

Retired teachers also got some good news -- an additional one-time pension payment of up to $2,000 at some point over the next two years. Abbott, Bonnen and Lt. Gov. Dan Patrick also said the state will shore up the pension system to make it actuarily sound, providing a chance in the future for a permanent cost of living increase in pension payments.

Two years ago, retirees were burned on rising health care costs that the Legislature enacted.

School safety

In response to the Santa Fe shooting, lawmakers focused on hardening schools, better identifying students who are at risk of hurting themselves and others, and requiring more emergency response training for school employees with the passage of SB 11.

SB 10, Abbott's priority mental health bill -- which seeks to identify children with mental health needs and provide help before they endanger themselves or others -- hit a bump when it was blocked late in the session by a Republican opponent in the House. Supporters answered by maneuvering SB 11 back to the floor and tacking SB 10 on as an amendment.

Lawmakers also removed a cap on the number of armed marshals per school, though efforts to let the state-trained teachers and other employees carry guns while among students passed the Senate but languished in a House committee.

Marijuana

Progress on lifting the state's strict marijuana prohibitions fell well short of proponents' hopes this session, with two notable cannabis-related exceptions.

HB 3703 seeks to increase the number of Texans eligible to use a form of nonpsychoactive medical cannabis, while HB 1325 would authorize Texas farmers to grow hemp and allow the crop to be processed into finished goods in the state. Both have been sent to Abbott.

On the other hand, bills that would have lowered criminal penalties for low-volume pot possession and substantially expanded the state's medical cannabis program passed the House but died in the Senate.

Driving

Austin and dozens of other cities will have to take down red-light cameras under HB 1631, which is before Abbott, who last year called for an end to the automated devices that snap photos of violations at marked intersections.

In addition, a bill to end the Driver Responsibility Program has been sent to Abbott.

The program assess three years of extra fees for driving violations, from intoxication offenses to driving without insurance, with driver's licenses suspended for nonpayment. HB 2048 would cancel all pending fees and reinstate suspended licenses.

New fees and other strategies will ensure that state trauma hospitals continue to receive funding currently supplied by the red-light cameras and Driver Responsibility Program.

School testing

Several bills sought to suspend penalties for students and school districts for poor performance on the State of Texas Assessments of Academic Readiness, but the legislation stalled in the Senate.

STAAR came under renewed scrutiny this year after a study found some tests were too hard for students to read and understand.

Muny golf course

A bill to establish a special district in Austin with the goal of preserving Lions Municipal Golf Course -- for golfing, publicly available parkland or a combination of the two -- is on its way to Abbott, who is expected to sign it.

SB 2553 by Sen. Kirk Watson, D-Austin, would create the Save Historic Muny District, consisting of the 141-acre course along Lake Austin Boulevard as well as several West Austin neighborhoods. The district could impose fees through utility bills, if district voters approve, and it could also accept donations.

The district would be dissolved May 31, 2021, unless it has entered into an agreement with the University of Texas, which owns the city-operated property, to purchase or otherwise preserve the land.

College life

Coercing a student to consume alcohol or take drugs would be added to the definition of hazing, which is a crime under state law and a violation of college and university conduct codes, under SB 38.

A late change, requested by Abbott, clarified that coercion involving alcohol would apply if a sufficient amount is consumed to lead a reasonable person to believe that a student was intoxicated.

Addressing free speech rights on college and university campuses, SB 18 would allow any person, including those unaffiliated with a school or sponsored by a student or employee group, to engage in so-called expressive activities -- such as speaking, demonstrating, distributing literature or observing those activities -- in outdoor common areas, subject to reasonable restrictions on the time, place and manner.

The bill, which is awaiting final approval by the House and Senate, also requires schools to craft disciplinary sanctions for students or faculty members who unduly interfere with expressive activities.

Election crimes

Republicans pressed for harsher punishments and regulations tied to preventing election fraud, while Democrats fought the proposed changes as an unnecessary suppression of voting rights.

The fight coalesced around SB 9, which sought to increase criminal penalties for false information on a voter registration application and place limits on those who help others vote or get to the polls, among other things.

SB 9 passed the Senate but didn't get a House vote.

Democrats, however, were unable to block HB 1888, which would end mobile voting by requiring all polling places to remain open during the entire early voting period. Republicans also prevailed on HB 2504, which would make it easier for Green Party candidates, who tend to siphon votes from Democrats, to get on the statewide ballot.

Online reforms

Backed by Austin-based Bumble, a popular female-focused dating app, HB 2798 would make it a Class C misdemeanor, punishable by a fine of up to $500, to electronically send unsolicited nude or sexual photos without the recipient's consent.

HB 3490 by Rep. Sheryl Cole, D-Austin, would make it a crime to repeatedly post to social media in ways designed to harass, abuse or torment another person, with up to 180 days in jail and a $2,000 fine -- with the punishment doubling if somebody under age 18 is pressured to commit suicide.

Lawmakers also backed an effort to fix the state's "revenge porn" law, which has been challenged in court. HB 98 clarifies that intimate photos and videos must be posted without consent and "with the intent to harm" the person depicted to be subject to the law.

All three bills are before Abbott.

Property taxes

Curbing the growth of property taxes was a major aim of top political leaders at the Capitol.

Ultimately, they landed on a series of schemes to do just that -- but will not result in Texans seeing an actual drop in their annual property tax bills. Starting in 2021, under HB 3, school districts would be prohibited from collecting more than 2.5% in additional revenue generated from the major portion of the maintenance and operations property tax rate school districts levy. The state will make up the lost revenue.

The other major piece of tax reform is SB 2, which limits the amount of property tax revenue cities and counties may collect without voter approval. Voters must approve property tax collections 3.5% higher than the year before, not including new value on the appraisal rolls.

"We are giving people a say in their local government and their tax policies ... in a way they had never had," Patrick said.

But mayors and county commissioners warned that the move could harm their ability to maintain parks and pay police officers, among other things.

Rainy day fund

Conservatives have long been reluctant to use money from the rainy day fund, which now tops $12 billion and is funded by oil- and gas-related tax collections. But the large fund balance and the pressure on lawmakers to address a variety of issues shifted approaches this session.

While the major state budget bill refrains from tapping the rainy day fund, lawmakers could still spend at least $2 billion out of the fund in a stopgap spending bill to address things such as Hurricane Harvey-related needs.

Hurricane Harvey

Seeking to prevent future major floods of the sort that swamped much of Southeast Texas in the wake of Hurricane Harvey in 2017, SB 7 is on its way to Abbott. It would establish a pair of funds, to be administered by the Texas Water Development Board, to finance flood prevention projects.

The Flood Infrastructure Fund and the Texas Infrastructure Resiliency Fund would help cities, counties and other political subdivisions apply for grants and loans. The programs would also help local communities draw down federal dollars for flood control projects.

Death penalty

Two death penalty restrictions passed the House but were cut back or killed by the Senate.

HB 1139 would prevent defendants with intellectual disabilities from being sentenced to death. First filed in 2003, the legislation gained traction after the U.S. Supreme Court ruled in February that current Texas law was insufficient. The Senate, however, cut a key provision requiring intellectual disability to be determined before trial. A conference committee is negotiating that change.

The Senate declined to act on HB 1936, which would have prohibited capital punishment for those with severe mental illness.

Tax abatement

A top goal of business groups around the state -- renewal of a key tax abatement program to help lure economic development -- is on the verge of being achieved.

HB 3143, which reauthorizes for another 10 years the program allowing local governments to enter into so-called Chapter 312 agreements to abate property taxes, has been approved by both houses. An effort backed by the conservative Texas Public Policy Foundation to remove renewable energy from the program fell short.

Vetoes

Abbott has 20 days after the session ends to decide whether to issue a veto, sign a bill into law or let it become law without his signature.

That makes his last day to act June 16, Father's Day.

Staff writers Julie Chang, Renzo Downey, Ralph K.M. Haurwitz, Asher Price, Bob Sechler and Sean Collins Walsh contributed to this report.

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