By J. Lyn Carl, GalleryWatch.com
Austin, TX – The battle over a solution to Texas' school finance crisis that has been brewing between the East and West wings of the State Capitol erupted again today when the House refused to concur in Senate amendments to HB 5.
HB 5 is the House's school finance legislation that, among other things, sunsets the Robin Hood school finance plan.
The House voted not to concur with the Senate changes to the House's original version of the bill. Speaker Tom Craddick indicated he will not appoint a conference committee but instead will send HB 5 back to the Senate for further consideration.
"In the form the bill was returned to the House, only the five House conferees would have had the opportunity to seriously consider or alter vital legislation that will affect all 150 House districts," Craddick said in a letter to Dewhurst. "That was unacceptable to our membership."
Dewhurst issued a statement Friday saying he was "shocked and disappointed" by the House's action. He said the lower chamber's refusal to consider the Senate's version of HB 5 "hurts hardworking Texas families."
The House's original version of HB 5 included $1.2 billion in discretionary funds for school districts in the state for the upcoming biennium. It also would have sunset the Robin Hood method of school finance on Sept. 1, 2004. Additionally, it would ensure that no public school teacher or ancillary school employees such as counselors, librarians or school nurses would suffer a pay cut in the upcoming biennium, including the $1,000 supplement to their salaries last year as part of the teacher health insurance program approved during the 77th Legislature.
Craddick said the Senate version stripped House language, replaced it with Senate language and amendments from SB 2, and returned it as House Bill 5. Among the provisions of SB 2 is the expansion of the state sales tax, an increase in the state's vehicle sales tax, and caps on property tax rates and school district enrichments rates.
Craddick made it clear that if he were to appoint a conference committee, then a panel of 10 legislators (five from the House and five from the Senate) would be the only members to have input on the bill.
Dewhurst said that Craddick promised the lieutenant governor and the people of Texas earlier this month that he would "objectively consider" the Senate's version of HB 5. He called Craddick's refusal to do that "a serious breach of good faith" that "challenges the legitimacy and tradition of the legislative process and takes a giant step backward."
"It's a slap in the face of all Texans," said Dewhurst.
Craddick did, however accept Dewhurst's offer to send SB 2 to the House for referral to and consideration by a House committee. SB 2 is the school finance plan of the lieutenant governor that was carried in the Senate by Sen. Florence Shapiro (R-Plano).
SB 2 going to the House is pretty much a moot point now, says Dewhurst. The lieutenant governor called "insincere" Craddick's offering to send SB 2 to House committee while refusing to debate HB 5, which has much of the identical language and content as SB 2.
"There is no need to send SB 2 to the House at this point because the House has SJR 1 in its possession and can debate the Senate's school finance plan in that bill," said Dewhurst.
Dewhurst fired another shot over the House bow by noting that while the House has not identified its revenue sources to balance its budget, "The Senate has not only provided its sources of revenue to balance our budget, but also has provided more than the House's $1.2 billion for public education in our appropriations bill and in our substitute for HB 5."
The House action, said the lieutenant governor, "is tantamount to picking up its marbles and going home.
"Lowering property taxes and providing more funding for public education isn't a House or Senate issue, it's a Texas issue. I call on Speaker Craddick and the House to reconsider their action and put the people of Texas first."