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.