The Texas Tribune reports that a very select Conference Committee, including Lt. Gov. David Dewhurst, Sen. Finance Cmte. Chair Tommy Williams and Sen. Transportation Cmte. Chair Robert Nichols, has come up with the framework for a deal on Transportation funding. As the astute may recall, this was the issue added immediately after redistricting to the call of the first special session. However, the filibuster and other misplaced priorities on the part of the Republicans lead to the issue dying at sine die. The issue, along with Miller compliance and abortion, was added to this session’s call.
The House and the Senate have both previous passed Transportation funding bills. The key difference between the two bills rest on what money from the rainy day fund (RFD) is used for, as well as how much money to use. The House’s version included a convoluted project which would entangle education funding, by switching around lots of earmarks for RDF-bound taxes.
The Conference Committee’s bill would divert lots of money earmarked for the RDF, originally form oil & gas taxes, for transportation funding, predominantly highway maintenance. While many originally wanted a provision setting a minimum RDF balance at $6 Billion, this new bill requires the Legislative Budget Board (LBB), dominated by Republicans, to set the amount. This bill is a constitutional amendment, meaning it requires 2/3 of both Houses and must be endorsed by a majority of voters in November–although the new bill pushes the referendum back to 2014.
Since 2/3 is required, 5 House Democrats and 2 Senate Democrats are needed for approval. This is not just a rule or a tradition, but part of the State’s Constitution. Dewhurst cannot get around it. Accordingly, it is worth noting that Democrats are somewhat unified in opposition to setting a limit to the RDF balance.
This is somewhat noteworthy, because the session ends on Tuesday. The Houston Chronicle reports that Perry has absolutely no problems calling lawmakers for a third special session on this issue, and this issue alone.
Accordingly, it may be in the Democrats’ interest to compromise.
UPDATE: Off the Kuff has more.