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Note: Content below was posted and current as of June 19, 2023
By Lauren Fairbanks and J Pete Laney TAD Governmental Affairs
Finally, 140 days of calm, chaos and, ultimately, resolution are behind us for the most part. The Regular Session of the 88th Texas Legislature adjourned Sine Die on Monday, May 29. Just hours later, Gov. Greg Abbott called the Legislature back into a special session to consider border security and property tax relief measures. As of this writing, neither issue has been resolved, and the governor has promised future special sessions.
Meanwhile, let’s recap the regular session.
The House and Senate combined filed 8,345 bills and resolutions this session. Of those bills, only 1,245 were passed and sent to Abbott for consideration. June 18 was the last day for Abbott to act on legislation, and he vetoed 76 bills, the second highest total in state history.
Here’s how two bills of particular interest to the Texas dairy industry fared:
Milk Disposal. HB 692 by Rep. Glenn Rogers (R-Graford)/Sen. Drew Springer (R-Muenster), relating to the authorization for certain land applications and disposal of dairy waste, would allow for the safe disposal of milk and milk by-products by land applications and proper disposal in retention facilities as long as those applications protect water quality. It has been signed by the governor and is effective Sept. 1. The focus now shifts to the Texas Commission on Environmental Quality for its rulemaking.
Bosque Watershed CAFO Permitting. HB 2827 by Rep. DeWayne Burns (R-Cleburne), relating to the permitting of and performance of annual soil tests for certain concentrated animal feeding operations by the Texas Commission on Environmental Quality, would have streamlined permitting for dairy farmers located within the North Bosque River Watershed by allowing general permits rather than the overly burdensome individual permits they are currently required to obtain. Unfortunately, the bill ultimately died in the Senate where it was never given a committee hearing.
The inauguration of Abbott and Lt. Gov Dan Patrick on Jan. 17 seems like a lifetime ago. While the Legislature was slow to get down to business, the drama and political theater started early and was a near constant throughout. News headlines spanned from an alleged driving while intoxicated offense of a prominent state senator to the expulsion of a state representative for inappropriate conduct to the impeachment of Attorney General Ken Paxton by the Texas House. Expect more drama during special sessions and as the Texas Senate considers whether Paxton should be permanently removed from his post.
In spite of the onslaught of breaking news that kept the Capitol Press Corps on its toes, the Legislature did ultimately push a wide range of leadership priorities across the finish line, including the biennial state budget, electricity market reforms, border security funding, school safety provisions, local preemption and massive investments in the state’s infrastructure.
Unfortunately, some priority measures remain unfulfilled and will be addressed in special session(s). And when Legislature comes back for one or two issues, the list tends to grow, especially when those setting the agenda might be eying a run for higher office.
It’s not over yet …