Legislative Action Alerts and Status Report

May 13, 2023 (Day 123 of 140 of the 88^th Texas Legislature)

I played basketball in my youth.  The nature of the sport is one of constant action and reaction.  The pace was so fast that I would go into a kind of haze when playing such that I often could not remember what happened after the game was over.  I think I may be in a legislative haze, now.  Just constantly seeing what action is next to advance and score.  Much is happening.  We have lots to do.

Huge Victory in House on HJR 146 Capriglione’s Right to Use Currency of Choice! Now the Senate.

On Wednesday, May 10, 2023, the Texas House cast a historic vote for HJR 146, Giovanni Capriglione’s addition of the right to use currency of choice to the Texas Bill of Rights.  The vote was 139 to 2, far surpassing the 2/3 needed to move a constitutional amendment to a vote of the people.  The Tweet about that victory has gone viral, having been seen 692 thousand times and with over 2100 hundred comments that are overwhelmingly positive.  The vote has gotten a good amount of press, as well.

HJR 146 has now been assigned to Chair Charles Schwertner’s Business & Commerce Committee.  The next step is for Chair Schwertner to hold a hearing on the bill and rapidly vote it to the Senate floor.  Senator Tan Parker is our Senate champion.

ACTION ITEM:  Send emails to each Texas Senator urging quick passage of HJR 146 using this link.  (I am told that by this group’s actions, we delivered more than 100 emails to each member of the House to deliver our victory there.)

Click here to read more background and rationale and to find a PDF one pager in support of HJR 146.

Setback on Border Security and Path Forward to Victory

The most important, comprehensive border security bill, Matt Schaefer’s HB 20 was killed on a point of order this week by the Speaker who had given the bill priority.  Fortunately, we have two vehicles for tide-turning, game-changing action still in play.  One is the other Speaker border bill of HB 7, which has passed the House and has been assigned to the Chair Brian Birdwell’s Senate Border Security Committee.  I have not confirmed it, but I am told by those in the know that Chair Birdwell will be the HB 7 sponsor in the Senate.

In the early morning hours of May 10, the Border Protection Unit (BPU) jumped in emasculated form from HB 20 to HB 7.  Our task in the Senate is to de-emasculate it by substituting a version of HB 7 that will:

• Remove the county veto on deployment of the BPU defending its portion of the border.
• Taking off restrictions on where the BPU can operate in Texas.
• Reinstating building a wall in BPU duties.
• Reinstating a two-tiered employee structure consisting of peace officers with full arrest authority and other “non-commissioned officers” to provide logistical support and less arrest authority in the border area. This idea is vital to rapidly staffing the BPU to meet the challenge.

The other vehicle is the Lois Kolkhorst declaration of imminent danger and cartel invasion with a robust rationale for invoking the power of Texas to defend itself as authorized under Article I, Section 10 (SCR 23).  I consider this to be the most important legislative need on border security this session because it gets Texas ready to respond to a federal challenge to the governor’s independent actions to repel at the border.  It tells the governor that the legislature and the people of Texas have his back as he does what is necessary to protect us.

ACTION ITEM:  Use this link to email Texas House State Affairs Todd Hunter to urge him to rapidly hear and pass SCR 23.

I will be pushing to meet with Chair Brian Birdwell and staff to determine what he is willing to substitute in HB 7.  If we don’t get progress soon on SCR 23, I may urge him to put its essence into HB 7, as well.  Standby for action on this one.

Note that we had a victory this week in getting the border interstate compact from the Senate passed with one minor amendment in the House (SB 1403 Parker w Spiller House sponsor).  That bill implements one third of the RPT Border Security Legislative Priority.  We only need the Senate to concur before going on to the governor.

Hearings The Week of May 15

Monday, May 15:

House State Affairs: (1:30 pm or after House Session, JHR 140, the Reagan Building is on the north side of the Capitol complex.  )

SB 1104 Birdwell w House sponsor Slawson – Fixes some of the separation of powers problems of Texas Disaster Act and Texas Emergency Act.  Prohibits future lockdowns.  Limits what laws can be suspended.  Note that this bill refers to constitutional language that would be created by SJR 58 if passed, but SJR 58 is not currently up for hearing.

I will be supporting passage to the floor, but urging floor amendments to:

• Eliminate open ended criminal penalties in Texas Disaster Act (see HB 107).
• Eliminate lying “force and effect of law” language in Texas Disaster Act equating executive orders with law. I call the attempt to elevate orders to law, “trans-law.”  It is executive orders IDENTIFYING as law, in violation of separation of powers.
• Add mask mandate prohibition (See HB 154).
• Clarify that elements of the Code of Criminal Procedure that protect due course of law cannot be suspended during emergencies.

Click here to provide remote online comments for the record between now and hearing end.

Senate State Affairs:  (Senate Chamber)

HB 2837:  Schaefer w Schwertner Senate sponsor -- Prohibits credit card companies from “surveilling, reporting, or tracking” purchases of firearms or ammunition.  Enforced via Attorney General civil suits.

A number of other interesting bills being heard in this committee:

HB 3506: Caroline Harris w Hughes Senate sponsor – Eliminates the DNA of victims of crime and suspects eliminated of suspicion from criminal DNA databases.

HB 5180: Wilson w Hughes Senate sponsor – Another bill requiring specific election records be made available to public.

HB 1243: Hefner w Hughes Senate sponsor – Takes penalty for illegal voting back up to felony.

Wednesday, May 17:

House State Affairs: (10:30 am or after House session, JHR 140, the Reagan Building is on the north side of the Capitol complex)

SB 330 Hall w House sponsor Schaefer – All hazards grid and critical infrastructure bill including protections against EMP and solar flares.  Senator Hall (and my group Protect the Texas Grid) have been working on this for 5 sessions.  If we can get a quick vote after this hearing, we may actually make it this session.

SJR 35 Birdwell – Constitutional amendment confirming that only citizens can vote.  This passed unanimously out of the Senate.

Note that this hearing will also include several other bills that Texas Constitutional Enforcement is not taking a position on, but will likely be of interest to many of you:

SB 1910 Bettencourt – Beefing up public information law to confirm need for making election records available to the public.  Bill is in context of election integrity wars in Harris County and Matress Mack’s lawsuit against Harris County seeking election records.

SJR 52 Birdwell – Extends sunset of Article V application made in 2017 from 8 years to 16 years. That extends the sunset date from 2025 to 2033.  This is the big bill being promoted by the Convention of States.

Because this is a House committee, you can make online written comments for the record using this link.

Status on Other Bills We are Supporting

Medical Freedom

Here are bills that are broad prohibitions on mandating vaccinations:

• HB 44 Swanson / SB 303 Hall – Health care providers who participate in Medicaid and the child health plan program “may not refuse to provide health care service” to enrollees based on “refusal or failure to obtain a vaccine or immunization for a particular infectious or communicable disease.” Penalty to a violating provider is disenrollment from the program.  Status:  HB 44 passed House and heard and pending in Senate HHS.
• SB 265 Perry – Requires reporting by physicians about experimental, investigational, and emergency use vaccine or drug-related injuries and adverse events to the federal Vaccine Adverse Event Reporting System (VAERS). Noncompliance subject to disciplinary action by Texas Medical Board.  Status:  Passed Senate. Referred to House Public Health. No scheduled hearing, yet.
• SB 1024 Kolkhorst – Hodgepodge bill that tweaks various vaccination matters. Prohibits private and government K-12 and higher ed COVID-19 vax mandates.  Prohibits government mask mandates and lockdowns.  Prohibits health care facilities and employers (with exceptions) from discriminating against COVID-19 unvaxxed.  Status:  Passed Senate.  Referred to House State Affairs. No scheduled hearing, yet.
• SJR 66 Hall – Addition to Texas Bill of Rights of right to decline medical treatment, including vaccination. Status:  Heard in HHS. Left pending.

Here are the bills I know of that are introduced as narrowly focused on COVID-19 vaccination:

• HB 81 Harrison (Pub Health) / SB 177 (HHS) Middleton – The good part of this bill is that it casts the unalienable right to refuse using the language of informed consent, which has good legal precedent to back it up. The legislative finding section of the bill is very good.  The bill stops anyone from taking an adverse action or imposing a penalty of any kind for refusing a COVID-19 vaccination and imposes $5,000 or more damages against health care providers who administer such.  The only problem is the sole application to COVID-19.  Status:  SB 177 passed Senate, out of House Pub Health and in House Calendars. SB 177 only bill eligible to be heard on House floor now.
• SB 29 Birdwell – Prohibits governmental vaccine mandates, lockdowns, or mask mandates for COVID-19. Status:  Passed Senate.  Heard in House State Affairs. Pending vote in House State Affairs.
• SB 426 Paxton – Prohibits Texas bureaucracies from interfering with doctors prescribing off-label medicines to address COVID-19. Status: Passed Senate. Referred to House Public Health. No scheduled hearing, yet.
• SB 403 Springer / HB 1313 Burrows – Texas study on adverse reactions of COVID-19 vax. Status: SB 403 passed Senate. Referred to House Public Health.  HB 1313 heard in Public Health, but no longer eligible to be voted in full House.  Need SB 403 hearing in Public Health.

Bills Relating to Practice of Medicine and Patient Rights:

• SB 301 Hall – Texas Medical Board prohibited from disciplinary action against physicians who prescribe ivermectin or hydroxychloroquine and pharmacists are prohibited from disputing or otherwise providing medical advice on the safety of those drugs. Pharmacists are shielded from liability for dispensing the drugs.  Status:  Passed Senate.  Referred to House Public Health. No scheduled hearing, yet.
• SB 1583 Hall – Prohibits higher ed that receive public funds from doing “gain-of-function” research and requires all organizations doing “gain-of-function” research in Texas to report it. Status:  Taken off Senate intent calendar. Likely dead.
• SB 666 Hall – Requires standing and prohibits anonymous complaints in the Texas Medical Board disciplinary process and beefs up due process in the disciplinary process. Status:  Passed Senate. Unassigned in House.
• SB 299 Hall – Hospitals must allow care by physician of choice even if physician is not a member of the hospital’s staff, but hospital not liable for damages resulting from treatment provided by the visiting physician. Status:  Heard in Senate HHS.

Stopping Future Executive Overreach:

• SJR 58 / HB 1104 Birdwell w House lead Slawson – Constitutional amendment requiring legislative involvement after 30 days for large-scale disasters. Implementing HB 1104 statute stops future lockdowns and limits scope of what laws can be suspended.  Status:  Passed Senate. Referred to House State Affairs. HB 1104 scheduled for hearing Monday.  See above.
• HB 107 Schaefer – Removes separation-of-power-violating open-ended penalties provision in Texas Disaster Act. Since this bill is dead in the House, am urging Schaefer to add it as amendment to HB 1104 if we can get HB 1104 to the House floor.

Texas Resistance to Great Reset

Prohibition from Doing Business with Texas or its Subdivisions

• SB 2530 Hughes – Prohibits financial companies that boycott energy companies from doing business with Texas or its subdivisions. Extends SB 19 from last session that applied same to discrimination against firearms and ammunition manufacturers.  Status:  Passed Senate. Referred to House State Affairs. No scheduled hearing, yet.

Texas Fund Divestment

• SB 1446 Hughes -- Stops Texas public employee pensions from investing in companies “furthering social, political, or ideological interests.” Status:  Passed the Senate.  Heard in House Pensions, Investments & Financial Services. Interesting, wide ranging, robust, testimony, the morning after most legislators had gotten to sleep at 3 am.  See video of some of the hearing.
• SB 1489 Creighton / HB 3619 Burrows – Stops Texas university funds from investing in companies that boycott oil & gas companies. Extends SB 13 from last session that required same of Texas pension systems.  Status:  SB 1489 passed Senate.  The now dead HB 3619 heard in House Higher Ed, but still alive SB 1489 hearing not scheduled, yet.

Prohibiting ESG Discrimination

• HB 2837 Schaefer -- Prohibits credit card companies from “surveilling, reporting, or tracking” purchases of firearms or ammunition. Enforced via Attorney General civil suits.  Status:  Passed House.  Hearing schedule in Senate State Affairs, Wednesday, May 17. See above.
• HB 1239 Oliverson / SB 833 King -- Prohibits insurance companies from denying coverage, discriminating on rates using ESG factors, or targeting disfavored industries. Status:  HB 1239 stopped on House floor with point of order.  Amended SB 833 passed Senate, referred to House Insurance.
• SB 1060 Hughes -- Prohibits ESG related shareholder proposals from being adopted for Texas insurers and insurer holding companies. Status:  Passed Senate. Passed House Insurance. Paperwork languishing for 9 days, so not to Calendars, yet.
• SB 1607 Kolkhorst -- Prohibits money transmitters like Paypal from fining their customers for their speech. Status:  Passed Senate.  Heard to House Pensions, Investments & Financial Services. Waiting on committee vote.

Pre-emption of Municipality ESG Implementation

• SB 1860 Hughes / HB 4930 Craddick – Prohibits cities from passing charter amendments that create climate change policies. Status:  SB 1860 passed Senate and passed as amended in House. Pending Senate concurrence.

Stopping Social Media Suppression

• HB 3751 Cain / SB 1602 Hughes – Keeps trials against social media under Texas law in Texas, in other words the venue will be in Texas. Status: SB 1602 passed Senate, and House Judiciary & Civil Jurisprudence. On House Calendar for Monday, May 15.
• HB 3752 Cain / SB 2510 King – Adds statutory damages from social media companies to Texans who have been suppressed. Status: Author of HB 3752 postponed on House floor, killing own bill.  SB 2510 not heard in committee.  Appears dead.
• HB 4397 Cain / SB 2509 King – includes suppression of Texans speech on social media in definition of deceptive trade practice, enabling penalties of Deceptive Trade Practices Act (DTPA). Status: SB 2509 passed Senate. Referred to House Business & Industry. No scheduled hearing, yet.

Monetary stability/Opposition to CBDC

• HJR 146 Capriglione w Senate sponsor Parker – Addition to Texas Bill of Rights to recognize natural right to use currency of choice. Status: Passed House.  Referred to Senate Business & Commerce. (see above)
• SB 2334 Hughes / HB 4903 Dorazio – Digital warehouse receipts/currency backed by gold and silver in Texas Bullion Depository. Status:  SB 2334 is vehicle forward.  Heard in Senate Finance. Waiting on committee vote. HB 4903 was placed on last day Calendar, but now is dead as vehicle.
• SCR 25 Parker -- Texas resolution against Central Bank Digital Currency (CBDC). Status: Passed Senate. Waiting to be heard in House State Affairs.

Election Integrity Enforcement

SB 1927 Hughes – The only bill that will be effective in seeing enforcement of election law in big counties in 2024 and beyond.  Beefs up existing State Prosecutor Office, delegating independent prosecutorial authority for election integrity, public integrity, abortion, and human trafficking.  Status:  Taken off Senate intent calendar.  Needs to be put back on track.  Click here to learn more and email Lieutenant Governor and Republican Senators.

Senate Bills that need a hearing in House State Affairs:

• SCR 23 Kolkhorst w Schaefer in House – Invocation of Article I, Sec 10 self-defense reservation of power to Texas, declaring cartel invasion and imminent danger. Also calls on feds to declare cartels terrorists. (Border Security)
• SJR 58 Birdwell w House lead Slawson – Constitutional amendment requiring legislative involvement after 30 days for large-scale disasters. Implementing HB 1104 by Birdwell statute is being heard Monday, May 15. (see above) It stops future lockdowns and limits scope of what laws can be suspended. (Medical Freedom)
• SB 2530 Hughes – Prohibits financial companies that boycott energy companies from doing business with Texas or its subdivisions. Extends SB 19 from last session that applied same to discrimination against firearms and ammunition manufacturers. (Great Reset)
• SB 1024 Kolkhorst – Hodgepodge bill that tweaks various vaccination matters. Prohibits private and government K-12 and higher ed COVID-19 vax mandates.  Prohibits government mask mandates and lockdowns.  Prohibits health care facilities and employers (with exceptions) from discriminating against COVID-19 unvaxxed. (Medical Freedom)
• SCR 25 Parker – Texas resolution against Central Bank Digital Currency (CBDC).

Email the House State Affairs Committee Clerk, Ginny Holloway ([email protected]) to communicate to Chair Todd Hunter that you would like to see timely hearings for these important Senate Bills.

Senate Bills that need a hearing in House Public Health

• SB 301 Hall – Texas Medical Board prohibited from disciplinary action against physicians who prescribe ivermectin or hydroxychloroquine and pharmacists are prohibited from disputing or otherwise providing medical advice on the safety of those drugs. Pharmacists are shielded from liability for dispensing the drugs.
• SB 265 Perry – Requires reporting by physicians about experimental, investigational, and emergency use vaccine or drug-related injuries and adverse events to the federal Vaccine Adverse Event Reporting System (VAERS). Noncompliance subject to disciplinary action by Texas Medical Board.
• SB 403 Springer w House sponsor Burrows – Texas study on adverse reactions of COVID-19 vax.
• SB 426 Paxton – Prohibits Texas bureaucracies from interfering with doctors prescribing off-label medicines to address COVID-19.

Email the House Public Health Committee Clerk, Teri Avery ([email protected]) to communicate to Chair Stephanie Klick that you would like to see timely hearings for these important Senate Bills.

Senate Bills in House Calendars or headed to Calendars that have a chance and need pushing

Senate Bills that Have to Make it onto Calendar by Tue, May 23:

• SB 177 – Middleton w Harrison House sponsor -- Casts the unalienable right to refuse using the language of informed consent, which has good legal precedent to back it up. The legislative finding section of the bill is very good.  The bill stops anyone from taking an adverse action or imposing a penalty of any kind for refusing a COVID-19 vaccination and imposes $5,000 or more damages against health care providers who administer such. 
• SB 1060 Hughes -- Prohibits ESG related shareholder proposals from being adopted for Texas insurers and insurer holding companies.

Texas Legislative Border Security Status and Path Forward

May 10, 2023

Late in the evening of May 9 and early into this morning, three of the big border bills we have been tracking reached the Texas House floor.

There are several pieces of bad news, but some good and there is a path forward to reach the fundamental, tide-turning, game-changing action we need in THIS legislative session.

The bad news is that after surviving 2 points of order and a barrage of orchestrated arguments against Matt Schaefer’s HB 20, one of the open borders Democrat point men, State Rep. Rafael Anchia filed a point of order that the Speaker ultimately used to kill one of his two designated priority bills.  Speakers do not have to follow the narrow, technical recommendations of their parliamentarians.  The Speaker chose this destruction.  Because of legislative deadlines, the HB 20 bill vehicle spearheaded by Matt Schaefer, is dead.

But there are other vehicles forward.

The first thing that happened is that Ryan Guillen amended his other Speaker-designated border bill HB 7 to add most of the Border Protection Unit creation language back into his bill, and got it passed.  There are deficiencies in the grafting that will need to be fixed in the Senate.  More on that in a future communication.

But what we no longer have in HB 7 is the most important item of the session – the invocation of Texas’ right to independent, no-permission-needed self defense in Article I, Section 10 of the U.S. Constitution.  We need a detailed explanation in writing why Texas is taking independent action and the Constitutional basis in Article I, Section 10 of actual (cartel) invasion and imminent danger.  This gives Constitutional and legal cover to the governor to do what he needs to do (and which he announced he will be doing on May 8) to turn the tide – repel at the border between the ports of entry.

Fortunately, the Senate has delivered just such a document to the House.  That concurrent resolution that represents the consensus and will of the Texas legislature is SCR 23 by Senator Lois Kolkhorst.  It passed the Senate with only one vote against.  And it is sitting in the House State Affairs Committee, waiting for a hearing to be set by Chair Todd Hunter.

The most important path forward from here is to persuade Chair Hunter, the Speaker, and his able lieutenant, Calendars Chair Dustin Burrows to get this to the House floor for a majority vote before the May 23 deadline.  The first step is for Chair Hunter to hear SCR 23 in House State Affairs.

Click here to send an email to Chair Hunter calling for a hearing on SCR 23 ASAP!

I will discuss in a later communication about how HB 7 needs to be fixed to deliver the most effective way to effectively repel at the border.  But first, let’s get the declaration done in the House to give constitutional cover for the governor to repel at the border.

Click here to see a video of me discussing more details with the wonderful Maria Espinoza.

Legislative Action Alerts and Status Report

May 8, 2023 (Day 118 of 140 of the 88^th Texas Legislature)

Things are moving so fast, that I need to give you this daily update.

Full House for HJR 146 Capriglione’s Right to Use Currency of Choice!

We just got the word that HJR 146 is on the Wednesday, May 10 House Calendar!  This gives us a day of cushion before the time runs out on the second reading for House bills at midnight on Thursday.

Time to contact your State Rep to urge them to vote for HJR 146.  Click here to download a one pager that you can email or hand deliver at the Capitol.  This is a link to a webpage giving background:  https://www.txce.org/right_to_use_cash_substitutes

Since this will add a provision to the Texas Bill of Rights, it takes 2/3 of each chamber and then a majority vote in November of the people.  It is good that this bill got unanimous, bipartisan support out of committee!  Every Texas House member of both parties should support this bill because it protects ordinary Texans from having their financial choices dictated by non-Texan financial elites.

You can also use this link to send emails to the generic email for every House member, urging them to vote for HJR 146.  This link works differently than some you may have already used.  Because the list includes 149 email addresses, the capability is implemented by presenting you with three links, First Email (containing about half of the Republicans), Second Email (containing the second half of the Republicans), and Third Email (containing the Democrats).  When you click each link, it simply populates the blind copy portion of your own email client.  You have to fill in your own email address in the To: section, the subject line, and your own email text.  The linked page has draft language you may choose to use or modify.

Senate Heard Senator Bryan Hughes SB 2334, the Digital Gold Bill, Today

The hearing went well, but it was not immediately voted out of committee.  We still need this Committee to vote it out to the full Senate.  Use this link to email the members of the committee to urge them to vote for SB 2334 and move it to the Senate floor.

And, Senator Tan Parker’s Texas resolution against Central Bank Digital Currency SCR 25 was voted out of committee on the way to the Senate floor, today, too.

Senator Hughes Says Emails Re SB 1927 Election Integrity Enforcement Are Working!

If you have not sent the email to Senate Republicans and Lieutenant Governor urging them to restart SB 1927, please use this link to send it now.  Click here for more information on this MUST PASS bill for this session.

Governor Abbott Made Border Security Announcements Endorsing Border Bills

The day before the vote on the big border bills in the House – HB 20, HB 7, and HB 82 – Governor Abbott had a press conference announcing the deployment of a Texas Tactical Border Force, an “elite” force of the Texas National Guard to “intercept, to repel, and to turn back” illegal crossings at identified hot spots as part of preparing for the end of Title 42.

Governor Abbott also said, “In addition to this deployment today, we are working on laws this session that I hope will pass later on this month that will give me and the State of Texas even more tools to do an even better job of securing our border.”

That is a clear endorsement the day before the House vote that the Governor wants the big border bills to pass.

Additional Bill Added to Three Wednesday Hearings!

If you are going to be in the Capitol Wednesday, please sign in to support the bills below and testify on any bills to which you think you can add value!

Wednesday, May 10:

House State Affairs: (8:00 am, JHR 140, the Reagan Building is on the north side of the Capitol complex)

SB 29 Birdwell w House sponsor Toth – Prohibits governmental vax mandates, mask mandates, or lockdowns for COVID-19.

Note that this hearing will also include the big SB 12 by Hughes that stops sexually oriented performances in the presence of a child, the so called “drag queen bill.”

Because this is a House committee, you can make online written comments for the record using this link.

Senate Health & Human Services: (8:00 am, Senate Chamber)

HB 44 Swanson, sponsored in Senate by Middleton – Prohibits anti-vax discrimination by Medicaid and CHIP health providers. (Medical Freedom)

House Pensions, Investments & Financial Services:  (8:00 am, E2.014)

Since yesterday, Senator Kolkhorst’s great “Paypal” bill has been added to the agenda.

SB 1446 Hughes – Requires Texas pension systems to invest based on fiduciary responsibility and not using any system assets that “take any action with a purpose of furthering social, political, or ideological interests.”

SB 1607 Kolkhorst – Prohibits money transmitters like Paypal from including in terms of service, fines to customers suppressing their speech.

Use this link to remotely comment in support of SB 1446 and SB 1607.  NOTE:  This is these are the only bills being heard in the hearing, so you need to be there at latest by 8:00 am to testify.

Response to Allen Shooting – Moms Demand Action Swarmed Capitol Today

Bloomberg-funded Moms Demand Action persuaded Chair Ryan Guillen of the Select Committee on Community Safety to hold a vote and vote out the unconstitutional anti-gun bill HB 2744 Dem Rep Tracy King, who represents Uvalde.  The bill unconstitutionally raises the legal age for possession of a semi-automatic rifle from 18 to 21. The bill has become the emotional lightening rod for the families of the victims of the Uvalde shooting.

The activists swarmed out across the Capitol visiting Calendars Committee offices “dropping green cards” urging Calendars to put the bill on the Calendar tomorrow, Tuesday, May 9.

When I heard about that happening, I visited Republican Calendars Committee offices dropping “red cards” opposing bringing the bill to the floor.

The staffers in the offices told me wearily about the barrage they were getting, but also told me that there was no way HB 2744 will make it to the Calendar by the deadline Thursday.  They pointed out to me that the same Legislative Counsel logjam on the production of bill paperwork required to go to Calendars that backed up Dorazio’s digital gold HB 4903 will slow the bill down so that it might not even make it to Calendars by the deadline, much less make it to Calendars in time for them to add it to ANY calendar.

I walked away relieved that the full House will not have to endure the misplaced emotion on this bill and that it will not block bills that actually will do something positive to help Texans.

Other Good Bills are Progressing!

More on that later.

Legislative Action Alerts and Status Report

May 7, 2023 (Day 117 of 140 of the 88^th Texas Legislature)

Pressing Forward!

The biggest news since Friday is that the big border bills – HB 20, HB 7, and HB 82 – are on the House Calendar for Tuesday, May 9.  The left bussed in large numbers of people to testify against these bills in committee.  It is likely that they will do so to fill the House gallery Tuesday.  If you want to watch Texas history made and show your support for border security, get there early on Tuesday to stand in line to fill a gallery slot.  HB 20 is up first on the Major State Calendar.  It is not clear to me whether the House starts at 9 am or 10 am Tuesday.

Our addition to the Texas Bill of Rights recognizing the natural right to use our currency of choice HJR 146 is in Calendars, but did not make it on the calendar for Tuesday.  If Calendars Committee on Monday adds it to the Wednesday House Calendar, we still have a shot.  So, if you have not emailed Calendars urging them to add HJR 146 to the Calendar, use this link to do so.

Since Friday, we have gotten word on one more hearing on a medical freedom bill by Birdwell and Toth in House State Affairs, SB 29.  We now have three hearings going simultaneously spread out all over the Capitol complex on Wednesday.  See more below.

Upcoming Bill Hearings Week of May 1

Monday, May 8:

Senate Finance: (9:00 am, E1.036)

SB 2334 Hughes  – Digital currency 100% backed by gold in Texas Bullion Depository (Great Reset)

The paperwork for the House companion, Dorazio’s HB 4903, has still not made it from House State Affairs to Calendars, despite being getting the favorable vote in State Affairs on Tuesday.  This means that the only path forward on this vital, historic bill is via the Senate.

Note that conservatives will also be at the Capitol Monday for a hearing on two big higher ed bills by Senator Creighton (the anti-DEI SB 17 and tenure-ending SB 18).  The House Higher Education Committee hearing will start at 8:00 am in E2.010.  The remote comments link is:  https://comments.house.texas.gov/home?c=c290.

Wednesday, May 10:

House State Affairs: (8:00 am, JHR 140, the Reagan Building is on the north side of the Capitol complex)

SB 29 Birdwell w House sponsor Toth – Prohibits governmental vax mandates, mask mandates, or lockdowns for COVID-19.

Note that this hearing will also include the big SB 12 by Hughes that stops sexually oriented performances in the presence of a child, the so called “drag queen bill.”

Because this is a House committee, you can make online written comments for the record using this link.

Senate Health & Human Services: (8:00 am, Senate Chamber)

HB 44 Swanson, sponsored in Senate by Middleton – Prohibits anti-vax discrimination by Medicaid and CHIP health providers. (Medical Freedom)

House Pensions, Investments & Financial Services:  (8:00 am, E2.014)

SB 1446 Hughes – Requires Texas pension systems to invest based on fiduciary responsibility and not using any system assets that “take any action with a purpose of furthering social, political, or ideological interests.”  Use this link to remotely comment in support of SB 1446.  NOTE:  This is the only bill being heard in the hearing, so you need to be there at latest by 8:00 am to testify.

I am going to try to be at the Capitol at 7:30 am Wednesday morning to sign in for all three committees.

I am going to prioritize my time by testifying on SB 1446 in House Pensions, Investments & Financial Services first.  More people cover medical freedom than resistance to the Great Reset. My second priority will be Senate Health & Human Services for HB 44, then SB 29 in House State Affairs as lowest priority.  HB 44 covers all vaccines.  SB 29, while important because of the statement it makes, fights the last war of COVID-19 without being forward looking.

Status on Other Bills We are Supporting

Medical Freedom

Here are bills that are broad prohibitions on mandating vaccinations:

• HB 44 Swanson / SB 303 Hall – Health care providers who participate in Medicaid and the child health plan program “may not refuse to provide health care service” to enrollees based on “refusal or failure to obtain a vaccine or immunization for a particular infectious or communicable disease.” Penalty to a violating provider is disenrollment from the program.  Status:  HB 44 passed House and as discussed above is being heard Wednesday in Senate HHS. See above.
• SB 265 Perry – Requires reporting by physicians about experimental, investigational, and emergency use vaccine or drug-related injuries and adverse events to the federal Vaccine Adverse Event Reporting System (VAERS). Noncompliance subject to disciplinary action by Texas Medical Board.  Status:  Passed Senate. Referred to House Public Health. No scheduled hearing, yet.
• SB 1024 Kolkhorst – Hodgepodge bill that tweaks various vaccination matters. Prohibits private and government K-12 and higher ed COVID-19 vax mandates.  Prohibits government mask mandates and lockdowns.  Prohibits health care facilities and employers (with exceptions) from discriminating against COVID-19 unvaxxed.  Status:  Passed Senate.  Referred to House State Affairs.
• SJR 66 Hall – Addition to Texas Bill of Rights of right to decline medical treatment, including vaccination. Status:  Heard in HHS. Left pending.

Here are the bills I know of that are introduced as narrowly focused on COVID-19 vaccination:

• HB 81 Harrison (Pub Health) / SB 177 (HHS) Middleton – The good part of this bill is that it casts the unalienable right to refuse using the language of informed consent, which has good legal precedent to back it up. The legislative finding section of the bill is very good.  The bill stops anyone from taking an adverse action or imposing a penalty of any kind for refusing a COVID-19 vaccination and imposes $5,000 or more damages against health care providers who administer such.  The only problem is the sole application to COVID-19.  Status:  SB 177 passed Senate, assigned to House Pub Health.  HB 81 still in House Calendars.
• SB 29 Birdwell – Prohibits governmental vaccine mandates, lockdowns, or mask mandates for COVID-19. Status:  Passed Senate.  To be heard in House State Affairs on Wednesday. See above.
• SB 426 Paxton – Prohibits Texas bureaucracies from interfering with doctors prescribing off-label medicines to address COVID-19. Status: Passed Senate. Referred to House Public Health.
• SB 403 Springer / HB 1313 Burrows – Texas study on adverse reactions of COVID-19 vax. Status: SB 403 passed Senate. Referred to House Public Health.  HB 1313 heard in Public Health.

Bills Relating to Practice of Medicine and Patient Rights:

• SB 301 Hall – Texas Medical Board prohibited from disciplinary action against physicians who prescribe ivermectin or hydroxychloroquine and pharmacists are prohibited from disputing or otherwise providing medical advice on the safety of those drugs. Pharmacists are shielded from liability for dispensing the drugs.  Status:  Passed Senate.  Referred to House Public Health.
• SB 1583 Hall – Prohibits higher ed that receive public funds from doing “gain-of-function” research and requires all organizations doing “gain-of-function” research in Texas to report it. Status:  On Senate intent calendar.
• SB 666 Hall – Requires standing and prohibits anonymous complaints in the Texas Medical Board disciplinary process and beefs up due process in the disciplinary process. Status:  On Senate intent calendar.
• SB 299 Hall – Hospitals must allow care by physician of choice even if physician is not a member of the hospital’s staff, but hospital not liable for damages resulting from treatment provided by the visiting physician. Status:  Heard in Senate HHS.

Stopping Future Executive Overreach:

• SJR 58 / HB 1104 Birdwell w House lead Slawson – Constitutional amendment requiring legislative involvement after 30 days for large-scale disasters. Implementing HB 1104 statute stops future lockdowns and limits scope of what laws can be suspended.  Status:  Passed Senate. Referred to House State Affairs.
• HB 107 Schaefer – Removes separation-of-power-violating open-ended penalties provision in Texas Disaster Act. Since this bill is dead in the House, am urging Schaefer to add it as amendment to HB 1104 if we can get HB 1104 to the House floor.

Texas Resistance to Great Reset

Prohibition from Doing Business with Texas or its Subdivisions

• SB 2530 Hughes – Prohibits financial companies that boycott energy companies from doing business with Texas or its subdivisions. Extends SB 19 from last session that applied same to discrimination against firearms and ammunition manufacturers.  Status:  Passed Senate. Referred to House State Affairs.

Texas Fund Divestment

SB 1446 Hughes -- Stops Texas public employee pensions from investing in companies “furthering social, political, or ideological interests.”  Status:  Passed the Senate.  Scheduled hearing in House Pensions, Investments & Financial Services on Wednesday, May 10. (See comments above).

• SB 1489 Creighton / HB 3619 Burrows – Stops Texas university funds from investing in companies that boycott oil & gas companies. Extends SB 13 from last session that required same of Texas pension systems.  Status:  SB 1489 on Senate intent calendar.  HB 3619 heard in House Higher Ed.

Prohibiting ESG Discrimination

• HB 2837 Schaefer -- Prohibits credit card companies from “surveilling, reporting, or tracking” purchases of firearms or ammunition. Enforced via Attorney General civil suits.  Status:  Passed House.  Assigned to Senate State Affairs.
• HB 1239 Oliverson / SB 833 King -- Prohibits insurance companies from denying coverage, discriminating on rates using ESG factors, or targeting disfavored industries. Status:  HB 1239 stopped on House floor with point of order.  SB 833 passed Senate Business & Commerce.
• SB 1060 Hughes -- Prohibits ESG related shareholder proposals from being adopted for Texas insurers and insurer holding companies. Status:  Passed Senate. Passed House Insurance.
• SB 1607 Kolkhorst -- Prohibits money transmitters like Paypal from fining their customers for their speech. Status:  Passed Senate.  Referred to House Pensions, Investments & Financial Services.

Pre-emption of Municipality ESG Implementation

• SB 1860 Hughes / HB 4930 Craddick – Prohibits cities from passing charter amendments that create climate change policies. Status:  HB 4930 on House Calendar – May 9.  SB 1860 on Senate intent calendar.

Stopping Social Media Suppression

• HB 3751 Cain / SB 1602 Hughes – Keeps trials against social media under Texas law in Texas, in other words the venue will be in Texas. Status: SB 1602 passed Senate, and House Judiciary & Civil Jurisprudence. HB 3751 in Calendars.
• HB 3752 Cain / SB 2510 King – Adds statutory damages from social media companies to Texans who have been suppressed. Status: HB 3752 on Tuesday, May 9 General Calendar.  SB 2510 not heard in committee.
• HB 4397 Cain / SB 2509 King – includes suppression of Texans speech on social media in definition of deceptive trade practice, enabling penalties of Deceptive Trade Practices Act (DTPA). Status: SB 2509 passed Senate. Referred to House Business & Industry.

I think the Texas venue bill will make it.  Between the other two bills, it appears to me that the statutory damages HB 3752 / SB 2510 bill is more likely to make it than the DTPA HB 4397 / SB 2509 approach because the latter is bottled up in Democrat Oscar Longoria controlled House Business & Industry, whereas the former has already cleared the more friendly House JCJ chaired by Republican Jeff Leach.

Miscellaneous – Grid Security and Election Integrity Enforcement

• SB 1927 Hughes – The only bill that will be effective in seeing enforcement of election law in big counties in 2024 and beyond.  Beefs up existing State Prosecutor Office, delegating independent prosecutorial authority for election integrity, public integrity, abortion, and human trafficking.  Status:  Taken off Senate intent calendar.  Needs to be put back on track.  Click here to learn more and email Lieutenant Governor and Republican Senators.
• SB 330 Hughes w Schaefer in House – All hazards grid protection bill that includes grid hardening for EMP and solar flares.  Status:  Passed Senate. Assigned to House State Affairs.

Senate Bills that need a hearing in House State Affairs:

• SB 330 Hall w Schaefer in House – All hazards grid protection bill that includes grid hardening for EMP and solar flares. (Grid Protection)
• SJR 23 Kolkhorst -- Comprehensive declaration of Cartel Invasion that complements and supplements HB 20. (Border Security)
• SJR 58 / HB 1104 Birdwell w House lead Slawson – Constitutional amendment requiring legislative involvement after 30 days for large-scale disasters. Implementing HB 1104 statute stops future lockdowns and limits scope of what laws can be suspended. (Medical Freedom)
• SB 2530 Hughes – Prohibits financial companies that boycott energy companies from doing business with Texas or its subdivisions. Extends SB 19 from last session that applied same to discrimination against firearms and ammunition manufacturers. (Great Reset)
• SB 1024 Kolkhorst (HHS) – Hodgepodge bill that tweaks various vaccination matters. Prohibits private and government K-12 and higher ed COVID-19 vax mandates.  Prohibits government mask mandates and lockdowns.  Prohibits health care facilities and employers (with exceptions) from discriminating against COVID-19 unvaxxed. (Medical Freedom)

Email the House State Affairs Committee Clerk, Ginny Holloway ([email protected]) to communicate to Chair Todd Hunter that you would like to see timely hearings for these important Senate Bills.

Senate Bills that need a hearing in House Public Health

• SB 301 Hall – Texas Medical Board prohibited from disciplinary action against physicians who prescribe ivermectin or hydroxychloroquine and pharmacists are prohibited from disputing or otherwise providing medical advice on the safety of those drugs. Pharmacists are shielded from liability for dispensing the drugs.
• SB 177 Middleton – Informed consent for COVID-19 vax. Stops private COVID-19 vax mandates. Companion to HB 81 Harrison.  Unless HB 81 makes it out of Calendars to House Calendar and passes Wednesday or Thursday, SB 177 will be the only path forward.
• SB 265 Perry – Requires reporting by physicians about experimental, investigational, and emergency use vaccine or drug-related injuries and adverse events to the federal Vaccine Adverse Event Reporting System (VAERS). Noncompliance subject to disciplinary action by Texas Medical Board.
• SB 403 Springer / HB 1313 Burrows – Texas study on adverse reactions of COVID-19 vax.
• SB 426 Paxton – Prohibits Texas bureaucracies from interfering with doctors prescribing off-label medicines to address COVID-19.

Email the House Public Health Committee Clerk, Teri Avery ([email protected]) to communicate to Chair Stephanie Klick that you would like to see timely hearings for these important Senate Bills.

Bills in Calendars or headed to Calendars that have a chance and need pushing

House Bills in Calendars that Have to Make it onto Calendar by Thursday:

• HJR 146 Capriglione - addition to the Texas Bill of Rights recognizing the natural right to use our currency of choice.
• HB 81 Harrison – Informed consent for COVID-19 vax. Stops private COVID-19 vax mandates.

Senate Bills that Have to Make it onto Calendar by Tue, May 23:

• SB 1602 Hughes – Keeps trials against social media under Texas law in Texas, in other words the venue will be in Texas. (On way to Calendars)

Click here to send a unique email to the Calendars Committee members. You  should send one email per bill.

Legislative Action Alerts and Status Report

May 5, 2023 (Day 115 of 140 of the 88^th Texas Legislature)

The Race to the Finish Line!

We are at the stage of session where deadlines are looming and every bill is jockeying for position to be able to get across the line in time.  For Texas House bills, the looming deadline is next Thursday, May 11 at midnight.  Bills starting in the House have to be voted on for the first of two votes (called second reading) by that deadline.  To get there, the Calendars Committee has to place the bills the House calendar.

The problem is at the end of the session, usually the House Democrats start engaging in stalling tactics that puts the actual progress behind schedule, so that bills placed on the calendar for Wednesday and especially Thursday are in grave danger of dying.  As of this evening, the calendars for Saturday, May 6 and Monday, May 8 are set.  To have a realistic chance of passing, House bills have to be on the Tuesday, May 9 calendar.  And for that to happen, bills need to be in Calendars tomorrow.

The Texas Senate has later deadlines and looser interpretations of that and Senate bills heard in the House have later deadlines, so Senate bills, especially still have hope, too.

Our Money Bills Status – Hope is Alive, But it Will be a Close Run Thing

HJR 146 Capriglione – Right to Currency Choice

While maddeningly close to the edge, HJR 146 is on pace to get the vote in time and to get the 2/3 of the chamber it needs.  On Wednesday, HJR 146 got a bipartisan unanimous vote of 7-0 to send it sailing out of committee.  As of this moment, the paperwork has been distributed, and we need one more step completed to place it in Calendars.  Chair Gio Capriglione is confident that we will get it to Calendars and get it on the House Calendar in time to get it passed.

Encouragingly, my tweet about passage of HJR 146 has 21.7K views as of this writing.  I have only recently started using Twitter, and this is by far the biggest reach I have ever gotten there.  Click here to see Giovanni Capriglione’s layout of HJR 146 and my testimony on it.

If you have not done so, use this link to send an email to Calendars to encourage quick passage.

HB 4903 Dorazio / SB 2334 Hughes -- Digital Gold Backed 100% by Texas Bullion Depository

Rep Dorazio beat Chair Capriglione to the punch in getting his bill out of committee, but sadly, the behind-the-scenes and completely out-of-our-control process of getting the required paperwork together and to Calendars is behind that of HJR 146.  That means HB 4903, at least starting in the House, is in danger of dying there.

But Senator Hughes is riding to the rescue in the Senate!  His SB 2334 companion to HB 4903 has been scheduled for a hearing on Monday in Senate Finance that starts at 9:00 am in E1.036.  The troops that produced a wonderful hearing in House State Affairs are gearing up to do it again on Monday in front of Senate Finance Chair Joan Huffman and the largest Senate committee that includes over half the Senate.  A motivated Senate has the time to get this to the House in time for final passage.

Use this link to email the Senate Finance Committee members, urging them to pass SB 2334 out of committee on Monday, the same day it is heard.

SCR 25 – Parker – Texas Resolution Opposing Central Bank Digital Currency (CBDC)

We had a wonderful hearing on SCR 25 on Tuesday, May 2.  It is out of committee and placed on Senate Local & Consent to give it maximum speed to the Senate floor.  Rep Gio Capriglione is ready to pick up the torch when it gets to the House.

I had the opportunity to talk about the threat of CBDC and these three legislative approaches to resistance on the KTRH Houston Morning News show with Jimmy Barrett and Shara Fryer.  Click here to hear that interview.

Border Security on Track!

The big House border security bills are HB 20 Schaefer, HB 7 Guillen, and HB 82 Spiller (identical interstate compact companion SB 1403 Parker).  HB 7 and HB 82 are in Calendars.  HB 20 got the bill analysis and committee report filed with the Committee coordinator late this afternoon.  Multiple sources are confident that House leadership will ensure that HB 7 and HB 20 will get a vote in time to make it to the Senate.  One more step and we will get to see on TLO the exact language that will be going to the floor for HB 20.

SB 1403 has passed the Senate and out of House State Affairs.  It Is now positioned to be substituted for HB 82 when HB 82 makes it to the calendar, so that SB 1403 gets final passage.

Use this link to encourage Calendars to move HB 20, HB7, and HB 82 quickly.

Known Upcoming Bill Hearings Week of May 8

Monday, May 8:

Senate Finance: (9:00 am, E1.036)

SB 2334 – Hughes  – Digital currency 100% backed by gold in Texas Bullion Depository (Great Reset)

See comments above.

Wednesday, May 10:

Senate Health & Human Services: (8:00 am, Senate Chamber)

HB 44 – Swanson, sponsored in Senate by Middleton – Prohibits anti-vax discrimination by Medicaid and CHIP health providers. (Medical Freedom)

House Pensions, Investments & Financial Services:  (8:00 am, E2.014)

SB 1446 Hughes – Requires Texas pension systems to invest based on fiduciary responsibility and not using any system assets that “take any action with a purpose of furthering social, political, or ideological interests.”  Use this link to remotely comment in support of SB 1446.  NOTE:  This is the only bill being heard in the hearing, so you need to be there at latest by 8:00 am to testify.  I just hope that Senate Health & Services does not lead off with HB 44 at the same time.

We need to get moving over the weekend on the action items embedded above.  When I have a bit more time later during the weekend, I plan to do a comprehensive look at how other parts of the Texas Constitutional Enforcement Legislative Agenda are progressing.

We must move SB 1927 by Hughes to enforce Election Integrity!

Action is needed to move the only effective solution to lack of enforcement of election integrity law by our big county prosecutors in Texas and the recent prohibition on Attorney General independent state level enforcement of any criminal law including election integrity.  The bill that MUST pass this session is SB 1927 by Senator Bryan Hughes.

Please use this link to email Senate Republicans and our Lieutenant Governor urging them to restart the bogged down SB 1927 and pass it on to the House.

Background

SB 1927 has the only approach to actually getting effective enforcement of election integrity law in time for the 2024 presidential elections this session.  I am sure that the Republican leadership of Texas does NOT want to have a conversation with Donald Trump explaining to him why there will be no effective enforcement against widespread cheating in big counties in the 2024 presidential election.  But that is what they will have to do if SB 1927 does not pass this session.

SB 1927 beefs up an existing State Prosecutor Office reporting to the Court of Criminal Appeals (CCA) and gives it independent, state level, prosecutorial authority for election integrity.

Bills with three alternative approaches have been filed other than SB 1927.  Most have merits on their own rights, but are unlikely to get the job of enforcing election integrity in 2024.  (Note that everyone rejected a constitutional amendment approach to the problem to give it back to the Attorney General because that takes 2/3 in both chambers, and it is a certainty that such a try would fail because of Democrat opposition.)  They are:

Removal of prosecutors Who “categorically refuse to prosecute specific criminal offenses”: (HB 17 by Cook and SB 20 by Huffman)

These bills, designated as high priority by the respective chamber leadership, have a very similar approach to each other with different implementing language.  The idea of each is to add to the definition of “official misconduct” in the law to include “categorically refusing to prosecute specific criminal offenses” using the citizen-initiated removal procedures currently being used by the Nueces County CCDF (County Citizens Defending Freedom) group is using against the rogue Nueces County DA.

We need one of these bills to pass.  I signed in in favor of SB 20 because there are other laws besides election integrity that Soros-funded big county DAs are refusing to enforce.

But this approach will NOT get effective enforcement of election integrity law in 2024.  First off, the process for removal is lengthy and difficult, even if this additional help passes.  And second, all a prosecutor has to do is say that they are not categorically refusing to enforce election law.  They will just say that they “see no compelling evidence” of such, and this approach will fail to get effective enforcement in 2024. [Update:  HB 17 was signed by the governor on June 17 and becomes effective on Sep. 1, 2023.]

Giving prosecutors in counties adjacent to big counties the power to prosecute in the neighboring big county: (Several legislators in both the House and Senate filed bills using this approach, most of which are dead, but I have been told that one of them is moving, but don’t know which it is.)

The counties adjacent to big counties in Texas are experiencing rapid growth.  Law enforcement, including the prosecutor offices in those counties, faces surging crime in their counties.  They have neither the time, resources, nor inclination to wade into the big counties next to them which they abhor, anyway.  If implemented, this also is likely to be very ineffective. [Update: bills did not pass, but Dan Patrick has asked governor to put on special session.]

Re-delegate the power to independently prosecute to the Attorney General, but only if there is inaction by the locals for 6 months (SB 1195 by Hughes)

This, in my opinion, is a hail Mary try to solve the problem because the Court of Criminal Appeals is very likely to strike this down, too.  The logic of the State v Stephenson opinion that caused this problem is that the Texas Constitution defines prosecutorial roles in the Judiciary section.  The Attorney General is defined as an executive department official.  So, the CCA reasoned that starting prosecution in the AG’s office violates separation of powers.  I don’t mind trying, but it is not a constitutionally sound way to solve the problem the way SB 1927 is.

SB 1927 follows the logic of the CCA and places statewide independent prosecution under the judicial branch.  Given the State v Sephenson opinion, SB 1927 is THE constitutional solution to the problem.

The Sidetrack that Must Be Overcome

SB 1927 sailed through Senate State Affairs early in session with all Republicans voting casting votes in favor.  Democrat Senator Zaffarini also voted for the bill in committee.  The bill was then rapidly placed on the Senate intent calendar, but instead of getting the vote, it was pulled off Senate intent calendar 6 days later and has been languishing there ever since.

I finally snapped to the problem last week and started my investigation work, finding that an unspecified Republican expressed opposition.  I don’t know for sure who it was, but suspect it was the sponsor of an alternative approach to SB 1927.  After conversations with key Senate members and staff as well as the Lieutenant Governor’s staff, we think we can restart SB 1927 and move it forward.  One Republican Senator is not enough to stop a bill from passing the Senate.  The Lieutenant Governor and the rest of the Republicans just need to make it happen.  And soon!

Your emails using the link above can help get this very productive and busy body’s attention to this problem and get the solution rolling again.

One Final Note

SB 1927 includes delegation of independent prosecutorial authority not only for election integrity, but also for public integrity, abortion, and human trafficking.  I have been advocating for adding sedition and riot, as well.  Election integrity is the main driver for this bill, but there is no reason not to solve other problems at the same time.  No Republican who wants the election integrity issue solved is going to be opposed to solving these other problems, too, so there is no reason not to keep the additional items in the list.

Legislative Action Alerts and Status Report

April 30, 2023 (Day 110 of 140 of the 88^th Texas Legislature)

Successes!

First, let’s celebrate our successes so far.  The biggest news is that Thursday afternoon, April 27, the House State Affairs voted in favor of moving the big House border bills out of committee – HB 20, HB 7, and HB 82.  Once the committee report makes it to Calendars, I will email a way to communicate with that committee to urge them to expedite the bills on to the House floor.

We also saw the final, complete passage of the first bill resisting the Great Reset on April 26.  The bill was SB 1017 by Brian Birdwell and Brooks Landgraf stopping cities from banning the use of gasoline engines.

See more on forward progress at the end of this message.

As deadlines loom, the pace at the Capitol has now reached fever pitch.  There is lots to report and lots to do, so let’s get to it!

First, if a bill is being heard in the House this week that has not been heard in the Senate, it has no chance of making it through the gauntlet this session.  Bills being heard for the first time in the Senate this week may have a shot, especially concurrent resolutions like SCR 25 (see below).  All of the bills being heard now that are worth the effort in terms of passage this session have seen movement of some sort in another chamber.

So most of our effective action from here forward is to communicate appropriately about bills that have gotten some sort of movement to see them across the finish line.  We also might be able to kill some bad bills that have slipped through.

Upcoming Bill Hearings Week of May 1

Monday, May 1:

House Higher Education: (10:00 am, E2.010)

SB 15 – Middleton (Swanson House sponsor?) – This is the bill that will stop men “identifying” as women from participating in collegiate women’s sports.  Click here to comment in favor of SB 15 if you can’t make it to the Capitol.  (This is not a Texas Constitutional Enforcement legislative agenda item, but figured lots of you would be interested.  Technically, I guess you could consider this part of the resistance to the Great Reset and ESG because the trans-agenda is part of the S in ESG).

Tuesday, May 2:

Senate Business & Commerce: (8:30 am, E1.012)

SCR 25 – Parker – Resolution opposing central bank digital currency (CBDC) issuance by the Federal Reserve.  The House companion by Capriglione ( HCR 88 ) has not yet been heard, and it is too late to start a bill in the House.  This is the only shot we have for this resolution in this session. (Great Reset)

SB 833 – King – Insurers prohibited from discrimination based on ESG or being in the business of fossil fuels, mining, agriculture, timber, or the firearms industry.  This is the Senate companion to Oliverson’s HB 1239, which passed his Insurance Committee, but ran into a point of order on the House floor.  I have not had time to run down the details on that, but this hearing appears to be a way to save the bill by bringing it back around from the Senate.  I presume that Senator King will be laying out a committee sub comparable to the sub voted out committee in the House. (Great Reset)

House Insurance:  (8:00 am, E2.014)

SB 1060 Hughes -- Prohibits ESG related shareholder proposals from being adopted for Texas insurers and insurer holding companies.  Use this link to remotely comment in support of SB 1060.

Action Alerts

Action 1:  Email the House Pensions, Investments & Financial Services members regarding your support for HJR 146 – The Right to Use Cash and Cash Substitutes by Giovanni Capriglione

Our shot at keeping HJR 146 alive and moving is for Chair Capriglione to hold a vote for it in his Pensions, Investment & Financial Services this week.  I am told that we have the votes of all the Republicans on the committee, but we do not yet know how the Democrats will vote.  We want a unanimous vote to give momentum toward the 2/3 needed to pass this constitutional amendment.

The Democrats on the committee are Mihaela Plesa (HD 70 in south Collin County), Salman Bhojani (HD 92 in east central Tarrant County), John Bryant (HD 114 in central northeast Dallas County), and Hubert Vo (HD 149 in southwest Harris County).

While I was the only witness testifying on HJR 146 (see video), 209 people commented online on the bill and I did not see a single comment opposed.  We also had one other person signed on in favor at the Capitol without testifying.  In other words, widespread support with no opposition!  But we need to get this bill on its way!

Please use this link to send one brief email to the members of the Pensions, Investments and Financial Services expressing your support and urging a vote out of committee as soon as possible.  Do this even if you have already commented online.

Action 2:  Email the House State Affairs members re your support for HB 4903 the digital currency backed by gold stored in Texas Bullion Depository bill by Mark Dorazio.

This bill needs a vote out of committee this week.  Please use this link to send one brief email to the members of House State Affairs Committee expressing your support and urging that HB 4903 be voted out of committee this week!

Action 3:  Email the Lt Governor to ask that he kill HB 2795, the 20 year toll extension on SH 130.

Use this link to email Dan Patrick, asking him to kill HB 2795.  Sadly 37 House Republicans voted for this bill to pass it last week.  We must now kill it in the Senate.  Lt. Governor Patrick can do that.

Action 4: Email the House State Affairs members re your support for SJR 58 and SB 1104, the bills correcting the Texas Disaster Act’s separation of powers problems by Senator Brian Birdwell and House companion author Shelby Slawson.

I am not sure that Representative Slawson (who is on House State Affairs) is ready to move yet on this in the committee, but I don’t think at this late date that it hurts to remind everyone of the importance of insuring that we will never again have lockdowns in the future.  Use this email link to email State Affairs (including champion Shelby Slawson) about your support for these companion bills.

Action 5:  Email the House State Affairs members re your support for SCR 23 and the need for a hearing on this vital, complementary border security declaration of cartel invasion.

Use this link to thank the members of the committee for passing HB 20, HB 7, and HB 82 while urging them to complete the job by hearing and passing SCR 23.

Progress is Being Made!

LOTS of good bills are moving.  Here is a status report on those not mentioned above:

Medical Freedom

Here are bills that are broad prohibitions on mandating vaccinations:

• HB 44 Swanson (Pub Health) / SB 303 Hall (HHS) – Health care providers who participate in Medicaid and the child health plan program “may not refuse to provide health care service” to enrollees based on “refusal or failure to obtain a vaccine or immunization for a particular infectious or communicable disease.” Penalty to a violating provider is disenrollment from the program.  Status:  HB 44 passed House, assigned to Senate HHS.
• SB 265 Perry (HHS) – Requires reporting by physicians about experimental, investigational, and emergency use vaccine or drug-related injuries and adverse events to the federal Vaccine Adverse Event Reporting System (VAERS). Noncompliance subject to disciplinary action by Texas Medical Board.  Status:  Passed Senate, assigned to House Public Health.
• SB 1024 Kolkhorst (HHS) – Hodgepodge bill that tweaks various vaccination matters. Prohibits private and government K-12 and higher ed COVID-19 vax mandates.  Prohibits government mask mandates and lockdowns.  Prohibits health care facilities and employers (with exceptions) from discriminating against COVID-19 unvaxxed.  Status:  Passed Senate.  Unassigned in House.
• SJR 66 Hall (HHS) – Addition to Texas Bill of Rights of right to decline medical treatment, including vaccination. Status:  Heard in HHS.

Here are the bills I know of that are introduced as narrowly focused on COVID-19 vaccination:

• HB 81 Harrison (Pub Health) / SB 177 (HHS) Middleton – The good part of this bill is that it casts the unalienable right to refuse using the language of informed consent, which has good legal precedent to back it up. The legislative finding section of the bill is very good.  The bill stops anyone from taking an adverse action or imposing a penalty of any kind for refusing a COVID-19 vaccination and imposes $5,000 or more damages against health care providers who administer such.  The only problem is the sole application to COVID-19.  Status:  SB 177 passed Senate, assigned to House Pub Health.  HB 81 in House Calendars.
• SB 29 Birdwell (St Affairs) – Prohibits governmental vaccine mandates, lockdowns, or mask mandates for COVID-19. Status:  Passed Senate.  Assigned to House State Affairs.
• SB 426 (HHS) Paxton – Prohibits Texas bureaucracies from interfering with doctors prescribing off-label medicines to address COVID-19. Status: Passed Senate.  Assigned to House Pub Health.
• SB 403 (HHS) Springer / HB 1313 (Pub Health) Burrows – Texas study on adverse reactions of COVID-19 vax.

Bills Relating to Practice of Medicine and Patient Rights:

• SB 301 Hall (HHS) – Texas Medical Board prohibited from disciplinary action against physicians who prescribe ivermectin or hydroxychloroquine and pharmacists are prohibited from disputing or otherwise providing medical advice on the safety of those drugs. Pharmacists are shielded from liability for dispensing the drugs.  Status:  Passed Senate.  Assigned to House Pub Health.
• SB 1583 Hall (HHS) – Prohibits higher ed that receive public funds from doing “gain-of-function” research and requires all organizations doing “gain-of-function” research in Texas to report it. Status:  On Senate intent calendar.
• SB 666 Hall (HHS) – Requires standing and prohibits anonymous complaints in the Texas Medical Board disciplinary process and beefs up due process in the disciplinary process. Status:  Passed Senate HHS.
• SB 299 Hall (HHS) – Hospitals must allow care by physician of choice even if physician is not a member of the hospital’s staff, but hospital not liable for damages resulting from treatment provided by the visiting physician. Status:  Heard in Senate HHS.

Texas Resistance to Great Reset

Prohibition from Doing Business with Texas or its Subdivisions

• SB 2530 Hughes – Prohibits financial companies that boycott energy companies from doing business with Texas or its subdivisions. Extends SB 19 from last session that applied same to discrimination against firearms and ammunition manufacturers.  Status:  Passed Senate Natural Resources.

Texas Fund Divestment

• SB 1446 Hughes -- Stops Texas public employee pensions from investing in companies “furthering social, political, or ideological interests.” Status:  Passed the Senate.  Assigned to  House Pensions, Investments & Financial Services.
• SB 1489 Creighton / HB 3619 Burrows – Stops Texas university funds from investing in companies that boycott oil & gas companies. Extends SB 13 from last session that required same of Texas pension systems.  Status:  SB 1489 passed Senate Education.  HB 3619 heard in House Higher Ed.

Prohibiting ESG Discrimination

• HB 2837 Schaefer -- Prohibits credit card companies from “surveilling, reporting, or tracking” purchases of firearms or ammunition. Enforced via Attorney General civil suits.  Status:  On House General State Calendar on May 2.
• HB 1239 Oliverson / SB 833 King -- Prohibits insurance companies from denying coverage, discriminating on rates using ESG factors, or targeting disfavored industries. Status:  HB 1239 stopped on House floor with point of order.  SB 833 scheduled for hearing in Senate Business & Commrece on May 2.
• SB 1060 Hughes -- Prohibits ESG related shareholder proposals from being adopted for Texas insurers and insurer holding companies. Status:  Passed Senate. Being heard in House Insurance on May 2.
• SB 1607 Kolkhorst -- Prohibits money transmitters like Paypal from fining their customers for their speech. Status:  Passed Senate.  Unassigned in House.

Pre-emption of Municipality ESG Implementation

• SB 1860 Hughes / HB 4930 Craddick – Prohibits cities from passing charter amendments that create climate change policies. Status:  HB 4930 passed House State Affairs.  SB 1860 heard in Senate Natural Resources.

Legislative Action Alerts and Status Report

April 24, 2023 (Day 104 of 140 of the 88^th Texas Legislature)

As deadlines loom, the pace at the Capitol has now reached fever pitch.  There is lots to report and lots to do, so let’s get to it!

Action Alerts

Action 1:  Call and email your State Rep to oppose HB 2795 by Dem Transportation Chair Terry Canales

Extends the contract with a foreign corporation for 20 years (from 2042 to 2062) on toll road 130 in Central Texas, including a non-compete agreement meaning no new roads for a number of counties including Caldwell County.  This provides the toll road revenue to foreign company for an additional 20 years and all the state gets is a tolled connector to SH 130 from New Braunfels.  The motto of Texas Constitutional Enforcement is Let Texans Run Texas.  We support the hard work on watching bills like this done by Terri Hall and her Texas TURF.

The first vote on this in the full House is Wednesday, April 16.  Call the Texas Capitol switchboard at 512-463-4630.  Email your Rep using this handy tool.

Action 2:  Email the House Pensions, Investments, and Financial Services members regarding your support for HJR 146 – The Right to Use Cash and Cash Substitutes by Giovanni Capriglione

While I was the only witness testifying on HJR 146 (see video), 209 people commented online on the bill and I did not see a single comment opposed.  We also had one other person signed on in favor at the Capitol without testifying.  In other words, widespread support with no opposition!  But we need to get this bill on its way!

Please use this link to send one brief email to the members of the Pensions, Investments and Financial Services expressing your support and urging a vote out of committee as soon as possible.  Do this even if you have already commented online.

Action 3:  Email the Senate Business & Commerce members re your support for SJR 67 the Senate companion by Tan Parker to HJR 146.

To maximize our chances of passage, we need the soonest hearing for SJR 67 in committee that we can get.  Please use this link to send one brief email to the members of Business & Commerce expressing your support and urging that the bill be heard in committee.

Upcoming Bill Hearings Week of April 24

When it was heard in House Higher Ed this morning, I dropped a comment online in favor of House Calendars Committee Chair Dustin Burrows’ HB 3619 which extends the requirements protecting oil & gas companies from globalist assault that we added last session for Texas pension systems to divest of companies and funds that discriminate against oil & gas to the university funds in Texas.

Like I said on Facebook about this bill, “Increasing the returns on the Texas university funds AND protecting from globalist assault the Texas oil & gas industry. What could be better than that?”

Wednesday is the big day for hearings this week, though.  I will be stretched thin, so anyone can make it to sign in for the bills below or better yet, sign in and testify will make a difference.

Wednesday, April 26:

House State Affairs:  (8:00 am, JHR  140 – that’s the Reagan Building on the north side of the Capitol complex)

HB 4903 – Dorazio – Creates a digital warehouse receipt for gold stored in the Texas Bullion Depository that can be used as currency.  This will give Texans another alternative to protect hard-earned wealth from the ravages of the dollar losing its reserve status and inflation while allowing them to easily conduct commerce, as well.  While some in this group have expressed reservations about digital currency and even the Texas government being involved, I support this because it gives another choice to Texans when they badly need it.  I also admit it appeals to my Texas sovereignty bone, as well.   (Great Reset)  Senator Bryan Hughes is carrying the SB 2334 Senate companion, which has gone nowhere.

Senate Health & Human Services: (8:00 am, Senate Chamber)

HJR 66 – Hall – Right to Refuse Medical Treatment (including vaccinations) added to Texas Bill of Rights.

The Republican Party of Texas Platform Medical Freedom plank, which this bill implements, starts as follows:

137. Medical Freedom: We call for an addition to the Texas Bill of Rights that explicitly states that Texans have the natural, inalienable right to refuse vaccination or other medical treatment.

SJR 66 is broader than another stab at this, SJR 84 (Hall) / HJR 114 (Toth), which we called our “moon-shot” for this session at our Texas Constitutional Enforcement Legislative Agenda Workshop.  I think that HJR 66 is just as good and maybe better, so I am very happy to have this public conversation about rights, bodily autonomy, and vaccination.  I hope you can join the conversation. (Medical Freedom)

SB 2086 – Kolkhorst – Recognizes your DNA as your property.  Allows DNA sample collection for emergency medical treatment, determining paternity, and law enforcement, but protects right of refusal and control over sale of DNA records otherwise. (Medical Freedom and Great Reset)

House Transportation:  (10:30 am or when full House is finished – likely later, E2.036)

HB 2991 – Harrison – Stops criminalization of billing issues for tolls in Texas.  Thousands of Texans are being soaked by outrageous fines and criminal penalties due to billing problems with tolling authorities.  If you have a toll billing horror story, this hearing is for you.  (Good Government)  If you can’t make it to the Capitol Wednesday, click here to submit an online comment for the record now until the hearing closes Wednesday.

Progress is Being Made!

LOTS of good bills are moving.  For instance, Lois Kolkhorst’s SCR 23 declaration of border invasion has passed the Senate and been received in the House.  I expect that one resistance to the Great Reset bill will have received full passage and be on the way to the Governor by the end of the week.  More on that progress later, but I need to get this out, tonight because of the urgent action items.

Legislative Status Report

April 16, 2023 (Day 96 of 140 of the 88^th Texas Legislature)

Upcoming Bill Hearings Week of April 17

Monday, April 17:

Senate State Affairs:

SB 2509 – King -- Makes social media speech suppression a deceptive trade practice with consequent penalties.  Click here to see a one pager that supports this bill and its HB 4397 by Cain. (Great Reset)

Senate Water, Agriculture & Rural Affairs:

SB 1654 – Kolkhorst – Requires ag equipment manufacturers to make information and tools necessary for independent repair shops and do-it-yourselfers to insure competitive market for ag equipment repair.  Click here for one pager in support of this important bill. (Great Reset)

Wednesday, April 19:

House Pensions, Investments & Financial Services:

HJR 146 – Capriglione – Right to Use Cash and Cash Substitutes addition to the Texas Bill of Rights – this is one of the most urgent bills of the session that gets us ready for any push for CBDC or restrictions on alternatives to protect our wealth.  (Great Reset)

Click here to see the merits of this important legislation (HJR 146) and go to the bottom of the page to download a one pager in support.

Also on Wednesday, April 19:

Senate Natural Resources & Economic Development:

SB 2530 – Hughes – Stops financial companies that discriminate against fossil fuels industry from doing business with Texas government or its subdivisions.  Last session, SB 19 used this approach to protect firearms and ammunition dealers and SB 13 required divestment form fossil fuels discriminators from Texas employee pension systems.  (Great Reset)

Senate Health & Human Services:

SB 666 – Hall – Tightens standing requirements and increases process due for the TMB disciplinary process.  Responsive to the weaponization of that process used against frontline doctors not following Big Pharma line.  (Medical Freedom)

Bills that Need Hearings:

Lots of good bills that will protect the lives and liberty of Texans have been filed this session.  See the excellent progress being made in the section below.  But because there is a multi-front war on everything we hold dear, even more needs to be done.  Here are the big topics where we are stuck on Omaha beach and need a breakout soon.  Since the urgent bills on border security are now in motion, I will not be focusing on pushing hearings in that area.

Texas Resistance to Great Reset (ESG, and CBDC)

All three of our bills resisting CBDC and providing alternatives need to be heard ASAP.

• SCR 25 / HCR 88 – Parker / Capriglione – Resolution expressing opposition to CBDC. SCR 25 is in Senate Business & Commerce along with SJR 67.  HCR 88, however, is assigned not to Capriglione’s committee, but to the jam-packed House State Affairs.
• SB 2334 / HB 4903 – Hughes / Dorazio – Texas establishment of exchangeable digital warehouse receipt backed by gold in the Texas Bullion Depository. Sadly, SB 2334 is assigned to the busy Senate Finance Committee.  And HB 4903 is assigned to the busy House State Affairs.

Even with HJR 146 being heard, we still need to keep pushing [email protected] to hear companion SJR 67 and SCR 25 ASAP in Senate Business & Commerce.

Federal Pushback

Our flagship legislation in this first area of interest for the group is the Texas Sovereignty Act (HB 384 Cecil Bell/ SB 313 Bob Hall).  Both bills have been assigned to the State Affairs Committees in the respective chambers.  We have to beat out lots of other bills for timely attention in both committees.

One other bill that in my opinion deserves to make the priority cut is State Rep Mike Schofield’s HB 294, the bill that separates state and local elections from federal elections as a way to head off any weakening of election integrity that comes from the federal level.  It is in the House Elections Committee.

Medical Freedom

See below how many good medical freedom bills are in progress, but there are a lot more that have not gotten hearings.  There are three more that I plan to push for hearings:

• HB 107 and HB 154 – Schaefer – Removes open-ended criminal penalties in the Texas Disaster Act. The legislature giving a stick to the executive so that he may define the acts to which the penalties can be applied is a textbook definition of a violation of separation of powers.  As a backup, I am trying to get HB 107 and his HB 154 added into SB 1104 to insure that we get that unconstitutional aspect of existing law fixed.
• SJR 84 / HJR 114 – Hall / Toth – Unalienable right to refuse vaccination added to Texas Bill of Rights. Both bills are assigned to the respective chamber State Affairs Committee.  This was our moon-shot for the session.  I want it heard this session to get the idea of unalienable rights applied to this topic into public discourse and thereby moving the Overton window.
• SJR 66 – Hall – Recognition of right to refuse medical treatments added to Texas Bill of Rights. In Senate Health & Human Services.  This version of addition actually better represents the RPT  Medical Freedom platform plank better than our SJR 84 /HJR 114 because it is broader than just vaccination, going to all medical treatments.

Status of Bills Texas Constitutional Enforcement Supports:

Bills on the Move:

Border Security

• SCR 23 – Kolkhorst – Legislative Declaration of Cartel Invasion – this is the other big bill for this session on border security. It complements HB 20 and sets us up for any challenges to Texas taking independent action to protect its citizens.  PASSED OUT OF BORDER SECURITY!  The vote on April 5 was unanimous and the bill was sent to the Local and Consent calendar via the Senate Administration Committee, showing that the expectation is that there are no Texas State Senators that will stand in this bill’s way.
• SB 1403 – Parker – Interstate Border Security Compact – PASSED OUT OF BORDER SECURITY on March 30 and is on Senate intent calendar. Still waiting to see whether the SB 1403 or the Rep Spiller’s HB 82 (HEARD ON APRIL 12) will get the nod from both chambers.
• SB 602 – Birdwell – Enables Border Patrol agents to charge for state crimes when arresting and charging for federal crimes. PASSED SENATE.  DELIVERED TO HOUSE HOMELAND SECURITY.
• SB 1427 – Flores – Defines foreign terrorist organization and adds that concept to existing criminal street gang prohibitions. – PASSED SENATE, DELIVERED TO HOUSE.
• SB 1709 – King – Includes transnational criminal organization action in sedition penal statute and increases penalties. –ON SENATE INTENT CALENDAR.

Federal Pushback and Rule of Law

• HB 33 – Landgraf – Prohibits state agencies from participating w feds on regulations on oil & gas not in Texas law. In Federalist 46, Madison called this “refusal to assist officers of the Union.”  This protects oil & gas in Texas the way we protected guns last session with HB 2622.  PASSED OUT OF COMMITTEE. ON WAY TO CALENDARS.
• SB 1927 – Hughes – Upgrades State Prosecuting Attorney to be able to independently prosecute election integrity, public integrity (including official oppression), human trafficking, and abortion law in Texas. Best solution for Court of Criminal Appeals decision that said AG could not independently prosecute criminal statutes (especially election integrity) in Texas.  WAITING ON SENATE FLOOR ACTION.

Texas Resistance to Great Reset (ESG, and CBDC)

• HB 1239 – Oliverson – Stops insurance companies from discriminating using ESG standards. PASSED OUT OF COMMITTEE.  ON WAY TO CALENDARS.
• HB 2837 – Schaefer – Prohibits credit card company surveilling, reporting, or tracking of firearm and ammunition purchases in Texas. PASSED OUT OF COMMITTEE.  ON WAY TO CALENDARS.
• SB 1060 – Hughes – Prohibits shareholder proposals implementing ESG for insurance companies serving Texas. PASSED OUT OF COMMITTEE. PLACED ON SENATE INTENT CALENDAR.
• SB 1446 – Hughes – Requires Texas pension administrators to only use return to shareholder and not to invest in companies diverting attention to ideological and social goals. HEARD IN COMMITTEE.  VOTE TAKEN ON 4/6.  VERY SLOW UPDATE ON TLO.
• SB 1017 – Birdwell – Stops Texas municipalities from regulating use of gas-powered engines and tools. PASSED SENATE. RECEIVED IN HOUSE STATE AFFAIRS.  Companion HB 2374 (Landgraf) should receive final House vote on Monday, 4/17.

Medical Freedom / Executive Overreach

• HB 44 – Swanson – Prohibits discrimination against Medicaid and CHIP recipients by medical providers based on immunization/vaccination status. IN CALENDARS.
• HB 81 – Harrison -- Informed consent for COVID-19 vax.   PENDING IN COMMITTEE.  VOTE EXPECTED MON. APR 17.
• SB 177 – Middleton – Companion to HB 81. PASSED OUT OF COMMITTEE. PLACED ON INTENT CALENDAR.
• SB 29 – Birdwell – For COVID-19, prohibits government vax or mask mandates and lockdowns of business or schools. PASSED SENATE. RECEIVED IN HOUSE STATE AFFAIRS.
• SJR 58 – Birdwell – Constitutional amendment to require legislative involvement in large-scale disasters after 30 days. PASSED SENATE. RECEIVED IN HOUSE STATE AFAIRS.
• SB 1104 – Birdwell – Implements SJR 58. Prohibits future lockdowns.  During disasters, only allows during first 30 days of disaster only, suspension of the Penal Code, the Code of Criminal Procedure, and Election Code to extend early voting by mail or for voters to deliver mail ballots to voting clerk on or before election day.  Preempts localities from conflicting with state or expanding scope beyond state during disasters. PASSED SENATE. RECEIVED IN HOUSE STATE AFFAIRS. Note that I am in conversation with House sponsor, Rep Slawson, to urge additional protections from Schaefer’s HB 107 and HB 154 be added to this bill.
• SB 1025 – Kolkhorst – the most comprehensive medical freedom bill filed this session. HHS Chair Kolkhorst is using this bill to consolidate lots of medical freedom ideas.    PENDING IN COMMITTEE.
• SB 426 – Paxton – Stops Texas Medical Board from taking action against physicians who prescribe off-label drugs for COVID-19. PASSED SENATE.  RECEIVED IN HOUSE.
• SB 301 – Hall – Stops disciplinary action against health care providers and pharmacists for prescribing and dispensing hydroxychloroquine or ivermectin. PASSED OUT OF COMMITTEE. ASSIGNED TO SENATE LOCAL & CONSENT.
• SB 299 – Hall – Allows patients to be attended in hospital by physician who is not a member of hospital’s medical staff.   PENDING IN COMMITTEE.
• SB 265 – Perry – Requires Texas reporting into FDA MedWatch Reporting System of vaccine adverse events for experimental or FDA emergency use vaccines. VOTE TAKEN IN COMMITTEE.

Decisions are being made every day at the Texas Capitol that can protect Texans from the multi-pronged assaults on our lives, prosperity, children, way of life, and liberty.  We are in the thick of battle, and focused attention and action over the next few weeks can benefit generations of Texans yet to come.

April 8, 2023 (Day 88 of 140 of the 88^th Texas Legislature)

Upcoming Bill Hearings Week of April 10

Tuesday, April 11:

Senate Business & Commerce:

SB 1607 – Kolkhorst – Prohibits money transmitters like Paypal from assessing fines against Texans for violating the transmitter’s terms of service.  This bill responds to Paypal’s 2022 woke attempt to fine its customers for their speech which Paypal (or its contractors) deemed “misinformation.” (Great Reset)

SB 1621 – Kolkhorst – requires businesses who wish to provide goods or services to a state agency to use E-VERIFY to verify employee information and for its subcontractors to do the same.  (Border Security)

Wednesday, April 12:

State Affairs:  Border Security Day!

Use this link to comment remotely on State Affairs bills being heard now through close of hearing.

HB 20 – Schaefer – This is the big border security bill for this session.  All hands on deck!

The low number designation says that this is a bill supported by the Speaker, but the Texas Legislature needs to know that we appreciate what they are doing whether with testimony, sign-ins at the Capitol showing support without testimony, or via the remote comment capability linked above.

I am sure that a committee substitute will be presented at the hearing (after LOTS of input from numerous stakeholders).  I have been told that Rep Schaefer is working hard to make the committee sub language available to the public before the hearing.  As soon as I know where we can see it, I will let this group know.  I expect that the committee sub will maintain most of its major components with tweaks to implementation and legal details.

The language of the broad and deep filed version of HB 20 does the following:

• Sets up constitutional, independent action by Texas to take effective action by invoking Article I, Sec 3, Clause 3 reservation of self-defense power to the states when we are “in such imminent danger as will not admit of delay” or “unless actually invaded.” HB 20 formally declares that we are in imminent danger under that clause.  Note that this will be a combined declaration by the legislature and the governor.
• Creates a Border Protection Unit that will report directly report to the governor, thereby taking pressure of the volunteer resources of the Texas National Guard and the stress on DPS when they are redeployed from protecting their communities to the border.
• Repel - Authorizes the Border Protection Unit to “deter and repel persons attempting to enter the State of Texas illegally at locations outside a port of entry,” to “return aliens to Mexico who have been observed actually crossing the Mexican border illegally, and were apprehended or detained in the immediate vicinity of the border,” and to “use force to repel, arrest, and detain known transnational cartel operatives in the border region.”
• Creates beefed up border trespass offense in the Penal Code – makes it a third degree felony and subject to $10K civil penalty each time a “person knowingly enters property of another without effective consent when knowingly entering the state of Texas from a neighboring jurisdiction.”
• Creates another constitutional way for Texas to act independently by invoking constitutionally clear state authority to protect health. HB 20 incorporates the totality of HB 1491 filed earlier by Rep Brian Harrison.  It allows Texas to remove those who cross into Texas outside a port of entry as long as the feds have a vaccination mandate for anyone and “at any time which the U.S. Department of State has a travel-warning for COVID-19 for any country from which citizens have illegally entered the U.S. during the most recent year for which there is available data.”
• Creates a standing Legislative Border Safety Oversight Committee.

HB 82 – Spiller – Interstate Border Security Compact – This bill implements the third sentence of the RPT Legislative Priority on Border Security.  This is a different variant of an implementation of an interstate border security compact than Senator Parker’s SB 1403, which has now passed out of the Senate Border Security.  The differences between the two are that the filed version of HB 82 says that the compact only takes effect if Congress approves and it focuses on illegal immigration in addition to border security.  CSB 1403 does not seek Congressional approval, crafting the content of the compacts in a way that supports not needing Congressional approval.  I.e., it steers clear of immigration, focusing instead on border security.  I have already suggested language to Rep Spiller amending the bill to not ask for Congressional approval if Texas has declared an actual invasion or imminent danger.  After the hearings on SB 1403 and its passage by Senate Border Security, I have provided him an alternative suggestion that he sub CSB 1403 for HB 82.  I plan to support moving forward on this bill, no matter what form it takes or remains.  I told him that given the path of CSB 1403, it appears that reconciliation will be needed sooner or later, anyway and that sooner is better than later to make sure we get this urgently needed bill passed.

HB 7 – Guillen – creates support for the courts as they deal with the demand from securing the border, beefs up programs for training border protection unit personnel, provides process to fund border facility infrastructure, and duplicates the HB 20 legislative oversight of the Texas border security efforts as we progress.  Note that this bill also has the Speaker’s low number designation.  I am sure that he views HB 7 and HB 20 as complementary to each other, and presume that committee subs of HB 20 and/or HB 7 will handle any overlapping duplication.

HB 65 – Spiller – increases penalties for human trafficking across the border.  I will probably sign in to support this bill without testifying.

Bills that Need Hearings by April 20:

Lots of good bills that will protect the lives and liberty of Texans have been filed this session.  See the excellent progress being made in the section below.  But because there is a multi-front war on everything we hold dear, even more needs to be done.  Here are the big topics where we are stuck on Omaha beach and need a breakout soon.  Since the urgent bills on border security are now in motion, I will not be focusing on pushing hearings in that area.

Texas Resistance to Great Reset (ESG, and CBDC)

All three of our bills resisting CBDC and providing alternatives need to be heard ASAP.

• SJR 67 / HJR 146 -- Parker / Capriglione – Right to Use Cash and Cash Substitutes add to Texas Bill of Rights – Because financial crisis and the privacy-destroying, police-state-implementing Central Bank Digital Currency (CBDC) is looming, this is my personal top priority this session (along with the substantive border security bills of SCR 23 and HB 20).  SJR 67 is in Senate Business & Commerce.  HJR 146 is in author Capriglione’s own House Pensions, Investments & Financial Services Committee.
• SCR 25 / HCR 88 – Parker / Capriglione – Resolution expressing opposition to CBDC. SCR 25 is in Senate Business & Commerce along with SJR 67.  HCR 88, however, is assigned not to Capriglione’s committee, but to the jam-packed House State Affairs.
• SB 2334 / HB 4903 – Hughes / Dorazio – Texas establishment of exchangeable digital warehouse receipt backed by gold in the Texas Bullion Depository. Sadly, SB 2334 is assigned to the busy Senate Finance Committee.  And HB 4903 is assigned to the busy House State Affairs.

I have confirmed with Senator Parker that he has asked for a hearing on SJR 67 and SCR 25 in Chair Charles Schwertner’s Business & Commerce.  Business & Commerce meets on Tuesdays and several weeks this session has also heard bills on Thursdays as well.  This Wednesday, I visited the Business & Commerce office, and verbally communicated our urgent request for a hearing on Parker’s bills as soon as possible.  Since then, the notice for Tuesday, April 11 is out and our phone still ain’t ringing (although two bills of lower priority that we support are being heard as discussed above.)

I think it time to send polite emails to [email protected] or to urge that SJR 67 and SCR 25 be heard in the next Business & Commerce hearing.

Chair Capriglione will schedule HJR 146 in his own House Pensions, Investments & Financial Services when he thinks best.

I plan to communicate with House State Affairs about HCR 88 and HB 4903, as well as priority bills in other categories, soon.  And, I plan to ask Senator Hughes about the needed strategy for SB 2334 and getting it through Senate Finance.

Federal Pushback

Our flagship legislation in this first area of interest for the group is the Texas Sovereignty Act (HB 384 Cecil Bell/ SB 313 Bob Hall).  Both bills have been assigned to the State Affairs Committees in the respective chambers.  We have to beat out lots of other bills for timely attention in both committees.

One other bill that in my opinion deserves to make the priority cut is State Rep Mike Schofield’s HB 294, the bill that separates state and local elections from federal elections as a way to head off any weakening of election integrity that comes from the federal level.  It is in the House Elections Committee.

Medical Freedom

See below how many good medical freedom bills are in progress, but there are a lot more that have not gotten hearings.  There are three more that I plan to push for hearings:

• HB 107 – Schaefer – Removes open-ended criminal penalties in the Texas Disaster Act. The legislature giving a stick to the executive so that he may define the acts to which the penalties can be applied is a textbook definition of a violation of separation of powers.  As a backup, I am trying to get this added into SB 1104 to insure that we get that unconstitutional aspect of existing law fixed.
• SJR 84 / HJR 114 – Hall / Toth – Unalienable right to refuse vaccination added to Texas Bill of Rights. Both bills are assigned to the respective chamber State Affairs Committee.  This was our moon-shot for the session.  I want it heard this session to get the idea of unalienable rights applied to this topic into public discourse and thereby moving the Overton window.
• SJR 66 – Hall – Recognition of right to refuse medical treatments added to Texas Bill of Rights. In Senate Health & Human Services.  This version of addition actually better represents the RPT  Medical Freedom platform plank better than our SJR 84 /HJR 114 because it is broader than just vaccination, going to all medical treatments.

Status of Bills Texas Constitutional Enforcement Supports:

Bills on the Move:

Border Security

• SCR 23 – Kolkhorst – Legislative Declaration of Cartel Invasion – this is the other big bill for this session on border security. It complements HB 20 and sets us up for any challenges to Texas taking independent action to protect its citizens.  PASSED OUT OF BORDER SECURITY!  The vote on April 5 was unanimous and the bill was placed on the Local and Consent calendar, showing that the expectation is that there are no Texas State Senators that will stand in this bill’s way.
• SB 1403 – Parker – Interstate Border Security Compact – PASSED OUT OF BORDER SECURITY on March 30. See comments about this bill’s relationship to Rep Spiller’s HB 82 above.
• SB 602 – Birdwell – Enables Border Patrol agents to charge for state crimes when arresting and charging for federal crimes. PASSED SENATE.  DELIVERED TO HOUSE.
• SB 1427 – Flores – Defines foreign terrorist organization and adds that concept to existing criminal street gang prohibitions. – WAITING ON SENATE FLOOR ACTION.
• SB 1709 – King – Includes transnational criminal organization action in sedition penal statute and increases penalties. – WAITING ON SENATE FLOOR ACTION.

Federal Pushback and Rule of Law

• HB 33 – Landgraf – Prohibits state agencies from participating w feds on regulations on oil & gas not in Texas law. In Federalist 46, Madison called this “refusal to assist officers of the Union.”  This protects oil & gas in Texas the way we protected guns last session with HB 2622.  PASSED OUT OF COMMITTEE. ON WAY TO CALENDARS.
• SB 1927 – Hughes – Upgrades State Prosecuting Attorney to be able to independently prosecute election integrity, public integrity (including official oppression), human trafficking, and abortion law in Texas. Best solution for Court of Criminal Appeals decision that said AG could not independently prosecute criminal statutes (especially election integrity) in Texas.  WAITING ON SENATE FLOOR ACTION.

Texas Resistance to Great Reset (ESG, and CBDC)

 HB 1239 – Oliverson – Stops insurance companies from discriminating using ESG standards. PASSED OUT OF COMMITTEE.  ON WAY TO CALENDARS.

• HB 2837 – Schaefer – Prohibits credit card company surveilling, reporting, or tracking of firearm and ammunition purchases in Texas. HEARD IN COMMITTEE.  COMMITTEE SUB BEING WORKED BEFORE COMMITTEE VOTE.
• SB 1060 – Hughes – Prohibits shareholder proposals implementing ESG for insurance companies serving Texas. PASSED OUT OF COMMITTEE. AWAITING PLACEMENT ON SENATE INTENT CALENDAR.
• SB 1446 – Hughes – Requires Texas pension administrators to only use return to shareholder and not to invest in companies diverting attention to ideological and social goals. HEARD IN COMMITTEE.  AWAITING COMMITTEE VOTE.
• SB 1017 – Birdwell – Stops Texas municipalities from regulating use of gas-powered engines and tools. PASSED SENATE. RECEIVE IN HOUSE.

Medical Freedom / Executive Overreach

• HB 44 – Swanson – Prohibits discrimination against Medicaid and CHIP recipients by medical providers based on immunization/vaccination status. IN CALENDARS.
• HB 81 – Harrison -- Informed consent for COVID-19 vax.   PENDING IN COMMITTEE.
• SB 177 – Middleton – Companion to HB 81. PASSED OUT OF COMMITTEE. AWAITING PLACEMENT ON INTENT CALENDAR.
• HB 1313 – Burrows – Texas study of COVID-19 vax adverse reactions. PENDING IN COMMITTEE.
• SB 403 – Springer – Senate companion to HB 1313.   PENDING IN COMMITTEE
• SB 29 – Birdwell – For COVID-19, prohibits government vax or mask mandates and lockdowns of business or schools. PASSED SENATE. RECEIVED IN HOUSE.
• SJR 58 – Birdwell – Constitutional amendment to require legislative involvement in large-scale disasters after 30 days. PASSED SENATE. RECEIVED IN HOUSE.
• SB 1104 – Birdwell – Implements SJR 58. Prohibits future lockdowns.  During disasters, only allows during first 30 days of disaster only, suspension of the Penal Code, the Code of Criminal Procedure, and Election Code to extend early voting by mail or for voters to deliver mail ballots to voting clerk on or before election day.  Preempts localities from conflicting with state or expanding scope beyond state during disasters. PASSED SENATE. RECEIVED IN HOUSE. Note that I am in conversation with House sponsor, Rep Slawson, to urge additional protections be added to this bill.
• SB 1024 – Kolkhorst – the most comprehensive medical freedom bill filed this session. HHS Chair Kolkhorst is using this bill to consolidate lots of medical freedom ideas.    PENDING IN COMMITTEE.
• SB 426 – Paxton – Stops Texas Medical Board from taking action against physicians who prescribe off-label drugs for COVID-19. PASSED SENATE.  RECEIVED IN HOUSE.
• SB 301 – Hall – Stops disciplinary action against health care providers and pharmacists for prescribing and dispensing hydroxychloroquine or ivermectin. PASSED OUT OF COMMITTEE. ASSIGNED TO SENATE LOCAL & CONSENT CALENDAR.
• SB 299 – Hall – Allows patients to be attended in hospital by physician who is not a member of hospital’s medical staff.   PENDING IN COMMITTEE.
• SB 265 – Perry – Requires Texas reporting into FDA MedWatch Reporting System of vaccine adverse events for experimental or FDA emergency use vaccines. PENDING IN COMMITTEE.

Decisions are being made every day at the Texas Capitol that can protect Texans from the multi-pronged assaults on our lives, prosperity, children, way of life, and liberty.  We are in the thick of battle, and focused attention and action over the next few weeks can benefit generations of Texans yet to come.