Joe Straus looked like a speaker unquestionably in charge. Then things started falling apart.
The problems for the speaker have been caused by a small group of Republican legislators known as the Freedom Caucus. The core group is nine lawmakers out of the 150-member House, and sometimes they can get their vote up to nineteen. Even some conservative Republicans complain that the Freedom Caucus is not truly Republican, but rather a group of libertarians more bent on causing chaos in the House than anything else. Some of the most prominent members are Matt Schaefer of Tyler, Jeff Leach of Plano, and Matt Rinaldi of Irving. Their titular leader is Bedford Representative Jonathan Stickland, who uses parliamentary rules to kill other members’ bills and then strongly objects when his own legislation suffers a similar fate. The Freedom Caucus opposes Straus but have generally been an ineffective annoyance.
That changed on April 27, when the House endured sixteen hours of debate on an anti-immigration bill to address so-called sanctuary cities. In the course of the debate, Schaefer offered an amendment to prevent police chiefs from restricting their officers from asking people who have been detained about their immigration status. In a moment of conciliation, Schaefer offered to pull down his amendment if Democrats would stop offering their own amendments designed to make Republicans look heartless and cruel. Some Democrats wanted to take the deal, but Representatives Armando Walle of Houston, Cesar Blanco of El Paso and Roland Gutierrez of San Antonio argued against it. By refusing to compromise, the three guaranteed that the so-called “show me your papers” amendment would become part of the bill that Abbott eventually signed into law.
But undeniably, Straus had an opportunity to affect the outcome of that bill. He could have kept it bottled up as he was doing with the bathroom bill, though he had allowed a similar sanctuary cities bill to go through the House in 2011. Straus also could have demanded discipline out of his chairs to vote against Schaefer. The amendment went on the bill by a vote of 81-64, with fourteen of Straus’s committee chairs voting for the Schaefer amendment, while three other members of his leadership team were away at a conference committee on the budget. Straus needed to switch only a dozen votes to keep the most controversial language out of the bill.
The Freedom Caucus was empowered, at least in perception.
In the days that followed, caucus members got an amendment on a foster care bill to prevent the vaccination of children who have been removed from their homes until a court ordered the child’s permanent removal. And last week they used maneuvers to slow down the House calendar so that a “safety net” bill failed to pass to keep agencies subject to the sunset review process alive even if their reauthorization legislation failed. And finally, they won passage of an amendment to a State Bar of Texas bill to make it an affirmative defense for a lawyer under disciplinary review to claim he or she acted because of a sincerely held religious belief—an amendment that Democrats viewed as giving lawyers the ability to discriminate against the LGBT community.
After the religious beliefs amendment passed on a vote of 85-59, Representative Rafael Anchia of Dallas blurted out, “Last session these guys couldn’t pass gas. Now they’re running the floor.”
Several senior Republican members of the Straus leadership team have told me they don’t feel like anyone is in charge in the House. One called it a rudderless ship. None said they are ready to abandon Straus or revolt against him, though the frustration is rising.
With the Freedom Caucus suddenly finding some success in the House, Patrick no doubt saw an opportunity to reassert control of the session. The death of the House version of the “safety net” bill was important. It’s called a safety net bill because it allows agencies under sunset review to continue operating. It has to pass. With the demise of the House’s bill, the only option left is the Senate’s version. And Patrick made clear he intends to hold that bill hostage.
In his press conference Wednesday, flanked by the flags of Texas and the United States, Patrick noted that he had control of the Senate version of the safety net bill. Then he demanded the House surrender on using the state’s rainy day fund to pay for a revenue shortfall in the budget; that the House accept both a private school voucher program in a substantially reduced school funding plan, and a controversial property tax reform for cities and counties; and that some form of his bathroom bill receive House approval. Otherwise, Patrick would force a special session to get what he wants.
Ignore the analysis of the Freedom Caucus. What’s really going on here is that Patrick has emboldened House Republicans who previously lived in fear of Straus’ vengeance to actually start acting like Republicans again.