Special session stalemate delays Property Tax and Border Security relief
June 20, 2023 | Austin, TX
No sooner had the gavel pounded a close to the 88th regular session of the Texas Legislature than they gaveled back in again for the first in what is expected to be a series of special sessions called by Governor Greg Abbott. The first special session call was to cover two items: property tax relief and border security.
Property tax relief call
The Governor’s property tax call for the first special session was listed as follows::
“Legislation to cut property-tax rates solely by reducing the school district maximum compressed tax rate in order to provide lasting property-tax relief for Texas taxpayers.”
The Senate sprang into action, producing Senate Bill 1 that combines savings derived two-thirds from compression and an additional third from an increase in homestead exemptions. Once the Senate bill passed and hit the House, Speaker Phelan refused to assign it to a committee, saying it was not germane to the call.
In very short order, the House passed their own property tax relief bill, House Bill 1, and immediately adjourned the special session sine die, meaning that their special session has ended without further plans to meet. This move forces the Senate to decide whether to pass the bill without the ability to work out any differences with an absent House.
Standoff leaves Texans in the lurch
The House and Senate remain in a standoff with the Senate still in Special Session #1 and the House nowhere to be found.
Governor Abbott has continued to support compression, saying on June 9, “Property tax exemptions begin to evaporate after a few years of increase in home valuations. What we need to do is eliminate the school M&O property tax altogether. That’s my plan.”
Maintenance & Operations (M&O) property tax is part of a school district’s tax rate. M&O tax makes up almost half of school property taxes in Texas.
On June 12, Lt. Governor Patrick reported that Governor Abbott said he would sign a property tax bill as long as both the House and Senate agreed upon it. The Lt. Governor called on the House to return to session so progress could be made.
Governor Abbott responds
Just two days later, the Lt. Governor took to Twitter saying that the Governor had threatened to “destroy the work of the entire 88th Legislative Session – hundreds of thousands of hours by lawmakers doing the work the people sent us to do” in order to “get his way” on the property tax issue.
Lt. Governor Patrick was referring to a statement Governor Abbott made at a June 14 bill signing for fentanyl legislation. In response to a question about the special session stalemate, the Governor said that if there is no property tax agreement by June 18, he would begin issuing vetoes of bills.
Governor Abbott made good on his threat, issuing 74 of 76 total vetoes after his June 14 statement that he would veto bills if an agreement on property tax relief wasn’t reached by June 18.
Texas GOP Chairman Matt Rinaldi asked, “Regardless of your preference between compression and homestead exemption increase, why would the first time you issue a threat like this be to prevent a homeowner targeted tax cut?”
“The Senate has been told Speaker Phelan is out of pocket until Sunday,” Lt. Governor Patrick said. “Governor Abbott is apparently going to veto Senate bills because the Speaker and the House walked off the job and went on vacation. The Senate has been working.”
Perhaps the Lt. Governor should send someone to look for Speaker Phelan at the beach. In the midst of a regular session riddled with delays in the slow-moving House, Speaker Phelan made it clear on April 25 that he wasn’t focused on the business of Texans, but was “stoked for some tasty waves on the Texas Coast.”
In the meantime, Governor Abbott made good on his threat, issuing 74 vetoes after his June 14 statement. Most originated in the Senate for a total of 76 vetoes. This is a personal high for Governor Abbott, representing about 6 percent of bills passed. The majority of his vetoed bills include the statement that “This bill can be reconsidered at a future special session only after property tax relief is passed.” Follow this link for the list of vetoed bills.
“The list of vetoed bills contain none of the bills we have been following,” said MCRP Legislative Chair Bonnie Lyons. “Notably, HB 279 by Representative Jacey Jetton and Senator Paul Bettencourt would have allowed prosecutors to try human traffickers that have victimized disabled adults based on their disabilities and without requiring that they prove the elements of force, fraud, or coercion. HB 3159 would have provided voters with disabilities a more accessible and secure process of voting.”
How will it end?
Texans for Fiscal Responsibility’s Andrew McVeigh said, “What the final version of a property tax relief bill will actually look like is anyone’s guess. Texans for Fiscal Responsibility has consistently championed reining in the state budget and excessive spending and sending all surplus tax dollars toward school M&O compression and eventual property tax elimination. Property tax compression is the only strategy that is efficient, inflation-proof, and can lead to the eventual elimination of property taxes for good. But what our legislators end up giving us in the form of new tax relief remains to be seen.”
Extremely limited border security call
The Governor’s border security call for the first special session was listed as follows:
“Legislation solely for the purpose of increasing or enhancing the penalties for certain criminal conduct involving the smuggling of persons or the operation of a stash house.”
House Bill 2, increasing criminal penalties for the smuggling of persons or the operation of a stash house, passed the House on May 30 and passed the Senate on June 7. The bill left Texans scratching their heads and crying out for more substantial legislative relief from the border crisis.
“Illegal workers comprise roughly 5% of the total U.S. workforce. In Texas, the share is even higher — 8.5%. In fact, Texas trails just one state, California, in the size of its illegal workforce,” says U.S. Marine Corps and Vietnam Veteran Chuck Voith.
According to Texans for Strong Borders, “Our lawmakers sided with the Open Borders Establishment, opposing the interests of Texans. They either thwarted, ran out of time, or dismissed any real border security measures during the regular session, and again showed a lack of commitment to passing any substantial border security measures in the special session as well. Illegal aliens don't like mandatory E-Verify, the invasion at our border being repelled, or the idea of their taxpayer-funded services and benefits being taken away, yet the Republican-controlled Texas Legislature has kept every single one of them intact.
“Governor Abbott’s latest move in transporting illegal aliens took place in the city of Los Angeles. This sparked criticism from those who regularly advocate for Open Borders, but those who want Texas to secure its own border are left asking the same questions: Why not just return them back across the Rio Grande? This would free Texans of the cross-country transportation bill and the long-term tax financial burden of illegal aliens’ presence in America.
“Texans are demanding real action, following Operation Lonestar's allocation of $4.6B in the recent legislative session. This raises concerns about whether Abbott’s actions align with the desires of the people or if they serve a different agenda altogether. Every single dollar from this appropriation needs to be dedicated to repelling and removing all illegal aliens attempting to enter Texas.”
View border security bills passed during the 88th Texas Legislative Session
The Texas Legislature failed to pass Senator Kolkhorst’s SB 1621 during the regular session. The bill would have mandated employers use E-Verify for employment authorization and cut down on the incentive for illegal border crossings. The hope is that Governor Abbott will call another special session focused on more meaningful border security legislation.
Illegal immigration and property tax reduction
In a June 12 Texas Scorecard article, Konner Earnest explains another reason it’s important to pass meaningful legislation addressing border security. It impacts our property taxes. “The presence of illegal aliens in the housing market artificially inflates property values, thus negating any potential property tax relief that the legislature may put forth, whether it be through compression or a homestead exemption,” he says.
When combined with the free education being provided for illegal aliens by taxpayers, along with health care, housing, food, clothing, and transportation, it’s no wonder Texans’ property tax bills are skyrocketing.
TAKE ACTION
The first special session is scheduled to end no later than June 28. Governor Abbott has announced that there will be several additional sessions called to deal with the unfinished business of the 88th Texas Legislature, but not until property tax relief is passed.
Border security advocates are hopeful that he will call an additional session addressing the ability to repel illegal aliens attempting to cross the border (view border security bills that didn’t make it to the finish line during the regular session).
Let your elected officials know what you think about the property tax and border security situation in Texas.
Governor Greg Abbott
(512) 463-2000
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Lt. Governor Dan Patrick
(512) 463-5342 (message line)
(512) 463-0001 (office line)
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House Speaker Dade Phelan
(512) 463-1000
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Senator Brandon Creighton (SD 4)
(512) 463-0104 (Austin Office)
(281) 292-4128 (District Office)
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Senator Paul Bettencourt (SD 7)
(512) 463-0107 (Austin Office)
(713) 464-0282 (District Office)
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Senator Lois Kolkhorst (SD 18)
(512) 463-0118 (Austin Office)
(979) 251-7888 (District Office)
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Rep. Cecil Bell (HD 3)
(512) 463-0650 (Austin office)
(281) 259-3700 (District office)
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Rep. Steve Toth (HD 15)
(512) 463-0797 (Austin office)
(346) 220-0300 (District office)
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Rep. Will Metcalf (HD 16)
(512) 463-0726 (Austin office)
(936) 539-0068 (District office)
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Rep. Ernest Bailes (HD 18)
(512) 463-0570 (Austin office)
(936) 628-6687 (District office)
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