Posts Tagged ‘Dustin Burrows’

Death Star Update: Preemption Bill Closer To Passage

Tuesday, May 16th, 2023

Remember the “Death Star” preemption bill designed to prevent left wing local governments from doing amazingly stupid things? Now it’s one step closer to Governor Abbott’s desk.

A landmark local government preemption bill cleared its second hurdle Tuesday as House Bill (HB) 2127 was passed by the Texas Senate, with a few amendments.

Dubbed the “Texas Regulatory Consistency Act,” the bill prohibits municipalities from approving regulations that exceed state law in nine different sections of code: Agriculture, Business & Commerce, Finance, Insurance, Labor, Local Government, Natural Resources, Occupations, and Property.

The bill states that any regulation specifically enumerated in state code is regulatable by municipalities, and anything else is not, a strategy called “field preemption.” Up until this session, the state had opted for “conflict preemption,” a strategy of addressing specific policies adopted by localities after the fact.

It’s the difference between blasting with a shotgun and firing with a rifle.

HB 2127 allows individuals or associations in the county of potentially offending regulation to sue the locality for abridging this prohibition.

The bill, authored by Rep. Dustin Burrows (R-Lubbock) and sponsored by Sen. Brandon Creighton (R-Conroe), was passed by the House about a month ago, where it received eight votes from Democrats in the lower chamber. From there, it moved to the Senate Business & Commerce Committee, where it passed six to two.

On Monday, the Senate passed its version with three amendments; Sen. Robert Nichols (R-Jacksonville) was the only GOP “nay” on the bill. The vote was the same on Tuesday’s final passage.

Those amendments include a “loser pays” provision, placing the burden of payment for a frivolous lawsuit with the person or group who brought the suit; a limitation that a suit may only be brought against the offending political subdivision, not individual elected officials of that locality who were liable to be sued under the House version; and the tacking on of a prohibition against local governments halting evictions.

Plaintiffs must provide three months’ notice to the locality of an impending suit, intended as a grace period within which the potential violation can be revoked.

That eviction language comes from Senate Bill (SB) 986, which appears to have stalled out in the lower chamber. That bill is aimed at what big cities in Texas tried to do — but were stopped by courts — in ordering eviction moratoriums during the COVID-19 pandemic.

Creighton said in a statement after the bill’s passage, “The Texas Regulatory Consistency Act, the most pro-business, pro-growth bill of the 88th session has passed the Senate.”

“HB 2127 gives Texas job creators the certainty they need to invest and expand by providing statewide consistency and ending the days of activist local officials creating a patchwork of regulation outside their jurisdiction. Local governments acting as lawmakers in a patchwork of varying anti-business ordinances result in job killing outcomes.”

Gov. Greg Abbott has backed the bill, shedding little doubt over whether he will sign it into law once it reaches his desk.

Snip.

With the bill passed in the upper chamber, it now moves back to the House, where the members must either accept the Senate version with its amendments or reject them and trigger a conference committee.

From there, it moves into the friendly embrace of Abbott, who’s been chomping at the bit to sign it into law.

The sooner this is signed into law, the sooner the madness consuming the local governments in Travis and Harris County can be reigned in.

Bonnen/Sullivan Controversy Takes Down Burrows

Saturday, August 17th, 2019

I haven’t been following the Texas Speaker Dennis Bonnen/Empower Texans head Michael Quinn Sullivan meeting controversy due to lack of time (like I’ve said, the past weeks have been a bear), but this Texas Monthly piece provides an overview of the meeting, which took place June 12. “Bonnen appears to have offered to take an official action if Sullivan would use his political organization to go after ten legislators whom Bonnen found objectionable while avoiding attacks on Bonnen.” Depending on the applicability of various statutes, that’s very possibly illegal.

Here’s Sullivan’s description of the meeting:

I was surprised when I got to Bonnen’s office to also be greeted by the GOP Caucus chairman, State Rep. Dustin Burrows (R–Lubbock).

The meeting started off pleasantly enough. And, indeed, there was a little tongue-lashing. The notoriously thin-skinned Burrows didn’t like a tweet from the session in which I wrote he was “moronic” for floating a proposal that would have gutted property tax reform. For his part, Bonnen said he wants to fight the Democrats—offering amusing (if slightly vulgar) comments about Reps. Michelle Beckley (D-Carrollton) and Jon Rosenthal (D-Houston).

But the thrust of the meeting took me by surprise. Bonnen invited me there to make me an offer.

A little context: Given my news background, Empower Texans has long operated as a news-media entity. Our focus on providing information that empowers citizens to exercise their rights as a self-governing people has taken the form of reporting on the actions of lawmakers—especially in exposing the difference between what they say and what they do.

For the past two sessions, our Texas Scorecard Capitol bureau has applied for House media credentials. Despite falling clearly inside the boundaries of the House’s criteria, and despite being granted credentials by the Texas Senate, those applications have been repeatedly denied. The 2019 session was no exception. We filed a federal lawsuit on the matter, which is going up before the 5th Circuit Court of Appeals.

Sitting in his Capitol office on June 12, Speaker Bonnen was adamant he wanted to do something for me. I told him I didn’t need anything from him or Burrows. But he really wanted me to listen to what he “wanted to do for me.”

Bonnen insisted: He would ensure Texas Scorecard reporters received House floor access in 2021 if we would lay off our criticism of the legislative session, not spend money from our affiliated PACs against certain Republicans, and—most shockingly—go after a list of other Republicans in the 2020 primary elections.

Spending political money was the issue, Bonnen said. Not just refraining from spending it against his pals. He wanted us to spend it against Republicans he saw as not being helpful.

What strikes me most about this, beyond the rank impropriety, is what a shoddy deal Bonnen is offering. Spend time and money attacking Bonnen’s preferred targets in exchange for…media credentials to the Texas House? That’s it? It’s not only underhanded and unethical, it’s insultingly tacky. “Hey, if you help me whack this guy, I promise there’s a six-pack of Bud Light in it for you!”

Yesterday, meeting participant Burrows reigned as House Republican Chair. “Following Burrows’ resignation as Chairman, Fort Worth Republican State Rep. Stephanie Klick has confirmed with a North Texas news outlet she has assumed the role of Chairman of the caucus and expects the members to fill her, now vacant, role as vice chair according to House Republican Caucus rules.”

Cahnman also has some pungent commentary, such as:

  • The hardest part to wrap your head around is that the substance of Bonnen’s ask isn’t necessarily crazy. While he’s doing it for the wrong reasons, Bonnen basically asks Sullivan to focus on rural members instead of suburban ones. There’s a certain logic to that strategy. Unfortunately, there’s no logic that suggests one make oneself a party to a felony in the process.
  • The most surprising part is the degree to which Bonnen’s talking out of both sides of his mouth on his alleged “no campaigning” edict. Bonnen spends nearly a quarter of the meeting telling Sullivan how he plans to vigorously enforce the edict against Democrats, but casually look the other way with Republicans. At this point, the Democrats have every right to tell Bonnen to pound sand.
  • Snip.

    Bonnen, and especially Dustin Burrows, are super thin-skinned about criticisms of the session. They spend a quarter of the discussion trying to spin the results to Sullivan. At one point, Burrows laughably accuses Sullivan of gaslighting the members.

    Snip.

  • Burrows claims the list is about members who voted against the ban on taxpayer funded lobbying, but Ken King and Gary van Deaver also voted against the ban and didn’t make the list.
  • The list: Steve Allison, Trent Ashby, Dirty Ernie (Bailes), Travis Clardy (“the ringleader of all opposition” according to Burrows), Drew Darby, Kyle Kacal, Stan Lambert, Tan Parker, John Raney, Phil Stephenson.
  • Cahnman also thinks that Burrows is a dead speaker walking.

    There was widespread belief that Bonnen would be easier to work with than former speaker Joe Straus (even by Sullivan), but this year’s legislative session seemed to have just as many conservative bills die in the process as they had under Straus.

    With Burrows down, it’s hard to see how Bonnen survives the scandal as Speaker.