By J. Lyn Carl, GalleryWatch.com
Austin, TX –
In a surprise move and one rarely used in the Senate, Senate Dean John Whitmire (D-Houston) moved the question on HB 3540 late Tuesday night after only two amendments had been heard on second reading, a parliamentary procedure that effectively killed more than 50 pre-filed amendments that were to be heard on second reading.
Sen. Steve Ogden (R-Bryan), Senate sponsor of the bill, said Monday that he would have a "perfecting" amendment today that would correct most of the problems with the substitute. He also warned members he would not be amenable to other amendments.
When Whitmire offered his motion to move the question, it sent the amendments to the graveyard unless they were to be offered on third reading, and the bill moved to a vote to pass to third reading. Several senators asked to be recognized, but Lt. Gov. David Dewhurst refused their requests, saying once the motion was made to pass to third reading, that motion was not debatable.
Whitmire said his decision to move the question and disallow amendments was to "get down the road so we can talk abut tuition revenue bonds and other material matters." He said he did "not take it lightly" to move the previous question. He offered that with 15 senators on Senate Finance, there had been plenty of opportunity for "discourse" on the bill. "We know what is in the bill."
Sen. John Carona (R-Dallas) was the first to rise and address Whitmire when Whitmire offered his motion to move the question. "Why do we find ourselves in this position?" Carona asked, noting that in previous legislatures and at the start of the current session, members vowed not to have to wait until the last minute to push through legislation. "You state very matter-of-factly that we've got a real problem before us. But why do we find ourselves in this position?" He said here it is the end of the legislative session and members are hurriedly taking up bills, suspending rules, etc. "I just don't understand. At this point I don't understand how we've allowed ourselves to get to this predicament."
Whitmire said if Carona feels that way, he would urge him to vote no on Whitmire's motion. The Dean reminded Carona and other members that it was 9:15 p.m. when he offered his motion and that the bill had more than 50 amendments pre-filed. "We could go through them individually, and at the end I think we'd all know the outcome." Whitmire said Ogden had "input from each of us," and said the Bryan Republican was "contemplating" taking some third reading amendments that have majority support.
"It serves this body and this process to move forward at this time," said Whitmire. Even if all of the amendments were heard, he reiterated, the outcome would not likely be any different. He said if he did not think each member had ample opportunity to be heard previously on the bill, he would "fight for your right" against moving the question.
Sen. Judith Zaffirini (D-Laredo) noted that if the Senate moved the previous question on HB 3540, it would allow the Senate more time to vote on the more than 30 other bills still left on the president's desk. "By voting on 3540, won't we have the opportunity to pass some bills that might die if we don't vote on them tonight?"
A visibly upset Sen. Ken Armbrister (D-Victoria) asked if after moving the question, no other motions could be heard...except a motion to adjourn, which he said would "trump" the motion to move the question. "Before voting on the previous question, we could have a motion to adjourn?" he threatened.
"My constituents deserve some kind of say on these amendments," said Sen. Mario Gallegos (D-Houston). He said Whitmire's motion to move the previous question "cuts me off from representing my constituents."
Sen. Eliot Shapleigh (D-El Paso) accused Whitmire of moving the previous question to ensure an amendment relating to allowing video lottery terminals (VLTs) in the state did not pass.
"Absolutely not," responded Whitmire. "I have no specific amendment in mind. I'm talking about the process. I am not speaking to a specific amendment. The process would be served by moving forward. If you disagree, I respectfully ask that you vote no."
"By doing this are you trying to prevent a vote on VLTs?" Shapleigh asked directly of Whitmire.
"I am not trying to single out any amendment."
That being said, Whitmire's motion to move the previous question was adopted and the bill was passed to third reading.
Action in the Senate was then suspended as groups of senators huddled on the Senate floor discussing options.
Dewhurst finally called the members back to order and third reading amendments were heard. The bill was passed by a 19-12 vote.
Before the final vote, Armbrister rose to speak against passage of the bill. "We're cowtowing down to the House simply for expediency." He told Whitmire, who previously said the 15 members of the Senate on the Finance Committee had ample time to discuss the bill, that "15 people on the Finance Committee is not a majority of this body. It takes 16."
"This is the largest tax bill in the history of the state and we had little or no input in the process because we were cut off with a parliamentary procedure," said Armbrister, noting the procedure is allowed by Senate rules but is seldom used. He chastised members who "stand up late in the session and says I'm not going to accept any amendments on the floor because it might jeopardize what the House is doing."
Reminding that the legislation is the "largest tax bill in the state's history, larger than HB 3 that many of you agonized on voting for," and was about to be passed without any input except for "a few paltry amendments" on third reading, Armbrister said he felt compelled to "voice my concerns about what stroke we have, if any, as the Texas Senate."
In keeping with the evening's surprises, Sen. Chris Harris (R-Arlington) made a motion that the Senate Local and Uncontested Calendar that was posted for 7:30 a.m. Wednesday, with more than 400 bills, be rescheduled for 1 p.m. He took a jab at the members of the House by saying he wanted to reschedule it so the Senate can "see how our brothers across the hall treat us." There have been numerous comments in recent days regarding how few Senate bills have been passing in the House. Most of the bills on the Senate Local Calendar for Wednesday are House bills.