Recap of the 88th Regular Legislative Session - How did they do?
June 3, 2023 | Austin, TX
Our analysis of the results of the 88th Regular Legislative Session
The Texas Legislature wrapped up its regular session on Monday, May 29. Did they live up to voters’ expectations on the topics that are important to Republicans?
The Montgomery County Republican Party (MCRP) Legislative Committee has been following the action and put together an analysis of the session’s activity, the results, and what it all means for Montgomery County voters.
The goals of the committee were to follow significant bills in the eight priority issues chosen by Republican delegates at the state convention, inform our voters, and to engage and mobilize them during the legislative process. Those priorities are:
Stop Sexualizing Texas Kids
Ban Gender Modification of Children
Secure the Border
Protect Our Elections
Parental Rights & Educational Freedom
Defend Our Gun Rights
Abolish Abortion in Texas
Ban Democrat Chairs
Let’s start with the good news. The session did produce some results on important issues, particularly in the categories of sexualization and gender modification of children.
Passing Strong Legislation Against Sexualizing Kids
Due to the outcry from voters, Texas was able to pass a strong bill aimed at getting sexually explicit reading materials out of our children’s libraries, though it was a struggle every step of the way. The Reader Bill, HB 900, puts the onus for the contents of books sold to schools on the vendors and says that they will be unable to sell to Texas schools if found in violation. The bill uses clear, commonly accepted definitions of those materials and standards for school libraries.
Another important win for Republicans was legislation to ban the practice of drag queen performances for children. SB 12 slipped in under the wire and received a favorable vote with little time to spare.
Other bills that passed may be found on our Stop Sexualizing Texas Kids Bills List.
Essential Gender Modification Bill Passes
SB 14, banning the gender modification of children, also made the cut. The Trans Lobby put on quite a show in hearings and at protests. And on the House floor, the author of its companion bill calmly but thoroughly stood off a series of 19 attempts to amend and water down the legislation. In the end, the House voted 92-48 to approve it.
At our colleges and universities, female athletes will no longer have to compete against males identifying as females, since the passage of SB 15 that requires students who compete in intercollegiate athletic competitions to do so on the basis of biological sex.
View our Ban Gender Modification of Children Bills List.
Border Security Sees Losses
The issue of Border Security loomed large in Texas as Title 42 officially ended, illegals massed at the Texas border, and National Guardsmen stood in the breach. Although our Speaker of the House claimed the issue as a priority, lawmakers failed to pass meaningful legislation during the regular session.
Only two of the priority bills followed by the MCRP Legislative Committee made it through the House gauntlet, but both were killed by parliamentary procedures before making it to the Governor’s desk. Governor Abbott immediately called a special session of the Texas Legislature on May 29 with the very narrow border security focus of 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.”
Border security advocates are calling on Governor Abbott to widen his special session call to include legislation that will finish the border wall, repel the invasion at the border, mandate E-verify for employers, and eliminate taxpayer handouts to illegal aliens.
View our Secure the Border Bills List for the latest on bills put forward during the current special session and stay tuned to our Legislative Alerts page for updates on special sessions called by Governor Abbott.
Election Integrity Gets Stymied in Committee
There were four wins that we tracked in the category of Election Integrity. But plugging all of the holes that threaten the integrity of our system is a long and complex task, and the list of bills that died on the table is much longer.
The biggest win in this category was likely SB 1070/HB 2800, which bars Texas from participating in ERiC, a controversial voter roll interstate cross check program, thought by many to be vulnerable to issues of data security and partisan access to voter data. The bill almost didn’t make it, having been withdrawn by its own author after Speaker Phelan accepted a Point of Order. With a backed-up work schedule, the Point of Order tactic was used regularly in this session to send bills back to committee where they typically would run out the clock and die.
However, this bill was saved by objections from outraged voters who contacted their legislators and committee members. The bill was returned promptly to the floor for a favorable vote.
Other election integrity bills that passed:
SB 1933 authorizes the Secretary of State to conduct random election audits in smaller counties with recurring problems.
SB 1661 prohibits the state from buying or using scanners unless they can be used only as storage devices, cannot be overridden, nor have the dates changed once entered.
HB 5180 requires the general public be able to view anonymously voted ballots, cast vote records, and ballot images within 61 days of an election.
Every win is to be celebrated, but each of the other important bills we followed that died is a potential nail in the coffin of our vulnerable election system. Many died because the House Elections Committee essentially shut down and the committee chair refused to call meetings towards the end of the session. We can and should do better.
View our Protect Our Elections Bills List.
Defense of Gun Rights Victory
There was only one significant bill on our list for Defending Our Gun Rights, but it was a very important one and it passed. HB 2837 prohibits financial institutions from coding and reporting firearms and ammo purchases unless as part of a criminal investigation or prosecution. The International Organization for Standardization recently issued a code to be used to identify firearms and ammunition purchases, signaling a potential intent to create a registry for firearms owners, useful to governments intending to confiscate weapons. This bill will help protect Texans against this violation of our Second Amendment rights.
See our Defend our Gun Rights Bills List.
Parental Rights and School Choice Suffer
Our committee followed eight bills under the priority of Parental Rights and Educational Freedom and one of them passed. SB 17 by Senator Brandon Creighton eliminates DEI in our higher education institutions. Counter to its stated purpose, Diversity, Equity and Inclusion practices are polarizing and work against inclusion. The bill prohibits our universities and colleges from establishing or maintaining DEI offices, officers, employees, or contractors that perform those duties.
Other bills in this category, including constitutional amendments to protect our rights to raise our own children and another to protect parents’ rights to direct our children’s education, were left unaddressed. Among them was the School Choice Bill, SB 8, which was controversial among parents who like the concept, but distrust the process and have concerns about government control. That bill is expected to be addressed in a special session.
View our Parental Rights and Educational Freedom Bills List.
Other Priorities Left Undone
Although it was not one of the eight priorities selected by delegates to the Texas GOP convention, the issue of property tax relief is a very important one to Texas residents. It was not resolved in the regular session, so Governor Abbott called a special session on May 29 to address property tax relief. Visit the Legislative Alerts page on our website for details on where we stand on this issue and the general progress of our special sessions.
Celebrating Victories, Continuing the Fight
When Speaker Dade Phelan seemed to balk at the very first legislative priority of Texas Republicans, Ban Democrat Chairs, by immediately appointing nine Democrats as committee chairs, there was a sense this session would be a huge fight. While there is still much to do, we must applaud the efforts of our conservative legislators who overcame many obstacles to get their bills passed.
Update: (Twitter video) Lt. Gov. Dan Patrick on House dysfunction under Speaker Phelan
Bills Followed and Results
Passed ✓ or Died X
Stop Sexualizing Texas Kids
✓ HB 900 - The Reader Bill, bans sexually explicit books in school libraries.
X HB 1507 - Prohibits celebrations and programs related to sexual preferences in our schools.
X HB 1655 - Creates mandated library standards regarding sexually explicit books in schools.
X HB 3570/SB 2021 - Requires websites with pornographic content to implement age restrictions.
X SB 417 - Requires cell devices default to a porn filter.
X HB 5251 - Requires parents have rights to all school records for their children and the option to be notified of materials obtained from libraries; establishes standards for library materials and creates library advisory committee with majority parents participation.
✓ SB 12 - Bans drag queen performances for children.
X SB 1601 - Denies funding to libraries that host drag queen story hours.
X SB 13 - Requires that parents have access to all school records for their children, including those related to school libraries.
X SB 163 - For courses on human sexuality, changes requirement from an opt-out to an opt-in, placing the burden on parents who are interested in the class for their children.
X SB 1031 - School districts may not permit third parties to conduct studies or surveys of children’s sexual behavior.
X SB 1072 - Gives parents a say in curriculum involving human sexuality.
X SB 1562 - Creates a criminal offense for ‘child grooming.’
✓ HB 1769 - Changes statute of limitations for certain offenses against children.
✓ Other bills that were tracked by the Republican Party of Texas and passed may be found on our Stop Sexualizing Texas Kids Bills List.
Ban Gender Modification of Children
✓ SB 14 - Bans gender modification procedures for children.
X HB 23 - Only biological females may compete in women’s sports.
✓ SB 15 - Requires that higher education athletes compete based on biological sex.
X HB 888 - Extends statute of limitations from 2-10 years for health care liability claims involving gender modification of children.
X HB 1029 - Prohibits state funding of gender reassignment surgery.
X HB 1102 - Legalizes changing name and sex on birth certificates.
X SB 162 - Prohibits changes to gender on birth certificates.
X HB 1686 - Protects children from the transgender industry.
X HB 3883 - Codifies into law the reality of biological sex.
X HB 4754 - Prohibits gender transition procedures for people under 26 years.
View our Ban Gender Modification of Children Bills List.
Border Security
X HB 7 - Financing public services needed to address illegal immigration.
X SCR 23- Urging the federal government to declare foreign drug cartels as foreign terrorist organizations.
X HB 20 - Creation of Border Protection Unit.
X HB 65 - Increasing criminal penalties for unlawful entry.
X HB 82 - Interstate Compact for Border Security.
X HB 800 - Punishment for criminal conduct involving human smuggling, operating stash houses, or evading arrest or detention.
X SCR 29 - Declaring an invasion by narco-terrorists, opening the door to accelerated wall construction and demanding that Congress deploy the military to the southern border.
✓ Other bills that were tracked by the Republican Party of Texas and passed may be found on our Secure the Border Bills List.
Election Integrity
X HB 2020 - Allows the Secretary of State to intervene when counties won’t replace failed elections administrators.
X SB 1039 - Creates a procedure that requires response to complaints of election irregularities.
X SB 1911 - Increases penalties for failing to deliver election supplies, obstruction of the distribution of supplies, and revealing election results before polls close.
✓ SB 1933 - Authorizes the Secretary of State to conduct random election audits in smaller counties with recurring problems.
X SB 1907 - Increases the penalty for failing to deliver returns by the deadline and allows the Secretary of State to supervise completion of the returns.
X SB 1950 - Prohibits election officials from suspending any mail-in ballot acceptance requirements.
X SB 260 - Clarifies process for registrars to confirm residence of voters who register at non-traditional addresses or haven’t voted in last two federal cycles.
X HB 2728 - The Secretary of State may not certify voting machines incapable of updating in real time every 10 minutes.
X HB 4329 - Requires voters to declare their address as the place they habitually sleep.
X HB 4548 - Registrars must provide the range of ballot serial numbers provided to voters, including spoiled ballots.
X HB 4719 - Requires that the Secretary of State appoint a dedicated cybersecurity expert to protect election data and prohibits use of electronics capable of an internet connection.
X HB 4733 - Prohibits ballot scanners from being connected to storage devices capable of modifying scanned ballots.
✓ SB 1661 - Prohibits the state from buying or using scanners unless they can only be used as storage device, cannot be overridden, or have the dates changed once entered.
X HB 3611 - Bans ranked choice voting in Texas.
✓ HB 5180 - Requires the general public to be able to view anonymously voted ballots, cast vote records, and ballot images within 61 days of an election.
X SB 2/HB 4198 - Returns to a felony the crime of illegal voting.
X SB 1938 - Extends the ability of the Secretary of State to withhold Chapter 19 funds if registrars fail to clean voter rolls.
✓ SB 1070/HB 2800 - Bars Texas from participating in ERiC, a controversial voter roll interstate cross check program.
X SB 1927 - Creates a special prosecutor to deal with election crimes.
✓ Other bills that were tracked by the Republican Party of Texas and passed may be found on our Protect Our Elections Bills List.
Defend Our Gun Rights
✓ HB 2837 - Prohibits financial institutions from coding and reporting firearms and ammo purchases unless as part of a criminal investigation or prosecution.
✓ Other bills that were tracked by the Republican Party of Texas and passed may be found on our Defend our Gun Rights Bills List.
Abolish Abortion
No bills passed.
View our Abolish Abortion Bills List.
Parental Rights and Educational Freedom
✓ SB 17 - Eliminates Diversity, Equity, and Inclusion (DEI) programs in higher education institutions.
X HB 1149 - Bans school surveys of children regarding thoughts, feelings, beliefs, and opinions.
X HB 1804 - Moves control of some education issues from federal to state control.
X SB 8 - School Choice Bill.
X SJR 29 - Constitutional amendment to establish a parent’s right to direct their child’s education.
X SJR 70 - Constitutional amendment to protect our rights to raise our own children.
X SB 1557 - Allows children who are abuse targets to transfer schools or receive funds for private or home schooling.
X SB 2089 - Requires the State Board of Education to use instructional materials that avoid biases.
✓ Other bills that were tracked by the Republican Party of Texas and passed may be found on our Parental Rights and Educational Freedom Bills List.
Other Important Legislation that Died
X SB 330 - Legislation to protect our vulnerable electric grid.
Bad Bills That Died
X HB 3418 - Green New Deal policies
X HB 4636 - Centralizes the power of county precincts into the seat of the chairman.
X HB 1635 - Changes how political parties can qualify their own candidates.
Stay tuned to our Legislative Alerts page for developments in the special sessions called by Governor Abbott.
Sen. Brandon Creighton (Dist. 4)
(512) 463-0104 (Austin Office)
(281) 292-4128 (District Office)
Send an email
Senator Paul Bettencourt (Dist. 7)
(512) 463-0107 (Austin Office)
(713) 464-0282 (District Office)
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Sen. Lois Kolkhorst (Dist. 18)
(512) 463-0118 (Austin Office)
(979) 251-7888 (District Office)
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Rep. Cecil Bell (Dist. 3)
(512) 463-0650 (Austin office)
(281) 259-3700 (District office)
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Rep. Steve Toth (Dist. 15)
(512) 463-0797 (Austin office)
(346) 220-0300 (District office)
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Rep. Will Metcalf (Dist. 16)
(512) 463-0726 (Austin office)
(936) 539-0068 (District office)
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Rep. Ernest Bailes (Dist. 18)
(512) 463-0570 (Austin office)
(936) 628-6687 (District office)
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