Return to October 2022 newsletter
By Lauren Fairbanks, Shayne Woodard and J Pete Laney TAD Governmental Affairs
It is hard to believe that we are entering the last quarter of 2022. This legislative interim has proven to be a very busy one ahead of the next legislative session that will gavel in when lawmakers return to Austin in January.
Those three months will fly by. We anticipate a bustle of activity ahead of the holidays. Early voting for the Nov. 8 General Election begins Oct. 24. Legislative committees still must consider several outstanding interim charges before reports are submitted by the end of the year. With elected officials focused on their reelection campaigns, these hearings aren’t likely to resume until after the election.
Campaigns are in the final push to get out the vote. Efforts are particularly prominent in the gubernatorial race between Gov. Greg Abbott (R) and Beto O’Rourke (D) and in the other statewide races on the ballot. Recent polls continue to show Republicans leading those races, as anticipated, though the margins of victory have narrowed. It remains to be seen, however, whether polling can be relied on for accuracy; a question that has come up in the last several election cycles. We are tracking this trend and will have more to report in our post-election recap next month.
Recall the governor, lieutenant governor, attorney general, comptroller, land commissioner, agriculture commissioner and one railroad commission seat are up for election. Additionally, all 36 U.S. representatives from Texas, 31 state senators, 150 state representatives and members of the State Board of Education are up for election after the redrawing of political districts. Some Texas communities also hold elections for city, county and school board offices and local bonds or propositions.
For a complete list of all candidates on the ballot this cycle, check out this roundup compiled by the Texas Tribune.
Below is an overview of the races at the top of the ticket.
Governor
Incumbent Greg Abbott (R) is facing a challenge from Beto O’Rourke (D). Abbott has been in the Governor’s Mansion since 2014. O’Rourke previously ran for U.S. Senate against Ted Cruz in 2018 and was also a presidential candidate in 2020.
Lieutenant Governor
Incumbent Dan Patrick (R) faces off against Mike Collier (D) again, after Patrick narrowly defeated Collier for reelection in 2018. Patrick previously served in the Texas Senate before being elected lieutenant governor in 2014. Collier’s background is in accounting and auditing. He has not previously held public office.
Attorney General
Incumbent Ken Paxton (R) is being challenged by Rochelle Garza (D). Paxton served in both the Texas House and Texas Senate before being elected Attorney General in 2014. Garza, a civil rights attorney from Brownsville, has not previously held public office.
Comptroller
Incumbent Glenn Hegar (R) is being challenged by Janet Dudding (D). Hegar previously served in the Texas House and Texas Senate before being elected comptroller in 2014. Duding is a CPA.
Railroad Commissioner
Incumbent Wayne Christian (R) is running against Luke Warford (D). Christian was elected to the Railroad Commission in 2016. He previously served in the Texas House. Warford is a former Texas Democratic Party staffer.
Agriculture Commissioner
Incumbent Sid Miller (R) is facing a challenge from Susan Hays (D). Miller served in the Texas House before being elected agriculture commissioner in 2014. Hays is an attorney.
Land Commissioner
The race for land commissioner is for an open seat after incumbent George P. Bush decided to run for higher office. Republican Dawn Buckingham and Democrat Jay Kleberg are running to fill the seat. Buckingham previously served in the Texas Senate. Kleberg is a land and wildlife conservation professional and grew up on the King Ranch.
DROUGHT RELIEF
In previous months, we have reported on the drought that has plagued the state this year. With some relief, the U.S. Drought Monitor reports that the number of regions across the state under drought conditions has decreased from 94.8% last month to 59% now. However, there is still a 91% chance that hot and dry La Niña conditions will continue through November. You can view the latest drought map here.
As was the case following the historic 2011 drought, the current one almost certainly will trigger legislation related to water availability and conservation. That legislation will have to be monitored closely to ensure there aren’t any unintended consequences to the state’s agriculture operations, including the dairy industry.
AROUND AUSTIN
September 1. The State Energy Plan Advisory Committee submitted its report to the Legislature. The committee was created as part of SB 3 from last session and was directed to evaluate barriers in the electricity and natural gas markets that prevent sound economic decisions, evaluate methods to improve the reliability, stability, and affordability of electric service, evaluate the electricity market structure and pricing mechanisms, and then provide recommendations for improvements to the wholesale electric market. The report finds that the passage of SB 3 has dramatically improved the state’s ability to prepare for, prevent, and respond to weather emergencies that impact essential services. It also ensures the state is better protected if future energy emergencies occur. Read the full report including recommendations for more reforms here.
September 2. The Public Utility Commission’s (PUC) Customer Protection Division announced that it secured refunds and bill credits of $599,865 for Texas electric, water, and telecommunications consumers in fiscal year 2022. The dollar value of refunds and bill credits secured, categorized by industry in FY 2022 was $540,866 for electric customers, $52,324 for water customers, and $6,675 for telecommunications customers.
September 8. Gov. Abbott appointed Brooke Paup to the Environmental Flows Advisory Group for a term at the pleasure of the governor. Paup of Austin has served as chair of the Texas Water Development Board since April 2021 and was first appointed in February 2018. Previously, she served as the director of legislative afairs for the Texas Comptroller of Public Accounts.
September 15. The U.S. Small Business Administration (SBA) has approved the governor’s request for a disaster declaration in communities affected by the recent flooding in North Texas. The SBA granted access to its Home Disaster Loans, Business Physical Disaster Loans, and Economic Injury Disaster Loan (EIDL) program. Counties included in the declaration are Dallas and its contiguous counties: Collin, Denton, Ellis, Kaufman, Rockwall, and Tarrant.
UPCOMING HEARINGS AND KEY DATES
Changes to Texas Sunset Commission Schedule
The Sunset Commission has updated its meeting schedule and the report publication dates for the remaining Sunset reviews. The changes include delaying the Sunset Commission’s meeting scheduled for Oct. 12 until Nov. 10. At this meeting, the Sunset Commission will vote on the recommendations for the Texas Commission on Environmental Quality, Texas Low-Level Radioactive Waste Disposal Compact Commission, Texas Juvenile Justice Department, and Office of the Independent Ombudsman.
Sunset staff also will present the special purpose review of the State Board of Veterinary Medical Examiners to the commission. The Sunset Commission will hold the public meeting for the Texas Commission on Law Enforcement and the Anatomical Board of the State of Texas, previously scheduled for Oct. 12, on Dec. 6
General Election – Key Dates: Early voting period – Oct. 24 – Nov. 4, 2022 Last day to apply for ballot by mail – Oct. 28, 2022 General election – Nov. 8, 2022
88th Legislature – Key Dates: First day to pre-file legislation: Nov. 14, 2022 Session starts: Jan. 10, 2023 Last day to file legislation: March 11, 2023 Last day to pass HBs out of House: May 12, 2023 Last day to pass SBs out of Senate: May 25, 2023 Sine Die: May 30, 2023 Veto period ends: June 19, 2023