Texas Senate fast tracks THC ban, flood prep and bathroom restrictions for transgender people

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The Texas Senate issued its final approval Tuesday to a suite of bills that, if enacted, will prohibit transgender people from using certain restrooms, unilaterally ban hemp products and curtail the ability for cities and counties to raise property taxes. The series of votes early into this year's second special legislative session advanced the upper chamber's more conservative priorities.

Republican senators also passed legislation giving the Texas attorney general more power to prosecute election-related crimes and a bill preventing local officials from using taxpayer dollars to pay lobbyists to advocate on behalf of their interests at the Texas Capitol.

Two of the bills were authored by State Sen. Mayes Middleton, R-Galveston, who called his measure to limit transgender people from entering restrooms that don't match the sex they were assigned at birth "common-sense." He also said a second bill he wrote, which cracks down on publicly funded lobbying, is "a very tough bill."

"And it's because so many are profiting off our taxpayers," he said.

Democratic senators, for their part, opposed the majority of the bills that were up for a vote.

State Sen. Judith Zaffirini, D-Laredo, said efforts to ban transgender people from using restrooms outside the sex assigned at birth could invite litigation. San Antonio Democrat José Menéndez said lawmakers convened to pass legislation in response to the deadly July 4 weekend flash floods that killed at least 135 people in Central Texas, including 27 girls at Camp Mystic.

"It's despicable that someone would spend their time policing a restroom, a place where people go to relieve themselves, change their children's diapers, or help someone else use the restroom because they can't do so on their own," he said. "Every single Texan deserves privacy, and their privacy should be protected."

Gov. Greg Abbott’s agenda for this special session nearly mirrors the first. However, work during that session was stalled when Texas House Democrats left the state to prevent Republicans from passing a new congressional map the seeks to give the GOP five additional seats in the U.S. House.

The Senate votes Tuesday came one day after the upper chamber passed flood-related legislation, which Democrats supported. Among those bills was one that seeks to improve safety measures at youth summer camps following the deadly July 4 flash floods that killed at least 135 people in Central Texas, including 27 girls at Camp Mystic. During floor discussion, Sen. Paul Bettencourt, R-Houston, said with the release of data by the Upper Guadalupe River Authority, officials in the three counties affected by the tragedy are now in favor of flood warning systems.

The legislation now heads to the Texas House.

Here’s a look at the bills the Senate has approved:

Flood preparedness, camp safety and emergency response

Senate Bill 2 would create a training program for justices of the peace on how to handle bodies during disasters when many people die, establish licensing requirements for emergency management coordinators and set up a registration system for disaster response volunteers that could include criminal history checks. The Senate proposal further requires all campgrounds in floodplains to develop evacuation plans, which they would have to activate any time the National Weather Service issued a flash flood warning. It would also require campground cabins to have ladders so people could climb onto rooftops as a last resort. The bill passed unanimously.

Senate Bill 3 would require a state agency to determine which areas in the region that flooded on July 4 should have outdoor warning sirens, and then establish guidance on how to install them. The governor’s office would set up a grant program to help local governments pay for the projects. Senate Bill 5 would pull money from the state's so-called Rainy Day Fund for several disaster relief efforts, including $50 million for sirens and rain gauges in the Central Texas and $24 million to improve weather forecasting.

Banning consumable THC

Senate Bill 6 would create a blanket ban on products containing any “detectable amount of any cannabinoid” other than cannabidiol and cannabigerol, better known as CBD and CBG, non-intoxicating components of cannabis. SB 6 would eliminate the majority of hemp products, including those that are legal under the federal definition.

This is the third attempt by the lawmakers in the upper chamber to remove hemp-derived THC products from the general public, as they say it’s too dangerous for children. It is identical to the House’s version, which also calls for a ban. Still, since Abbott vetoed similar legislation that would have banned THC earlier this year , some lawmakers have signaled they’d support more regulations over a ban.

SB 6 passed 22-8.

Restricting bathrooms transgender people can use

Senate Bill 8 seeks to restrict bathrooms transgender people can use. It also limits which prisons, jails and certain violence shelters transgender people can be placed into. Places where people use bathrooms that do not match their sex assigned at birth would be fined $5,000 for a first offense and $25,000 for any subsequent violations.

Commonly referred to as a “bathroom bill,” SB 8 was previously passed out of the Senate during the regular session and first special session. The bill would also allow civil lawsuits against institutions where violations occur and grant Attorney General Ken Paxton investigative oversight.

SB 8 passed on a 19-11 vote.

Limiting property tax collections without voter approval

State lawmakers committed to spend $51 billion to lower school property taxes over the next two years. But Abbott and Republican legislators are hungry for other ways to bring down the state’s high property tax bills.

Senate Bill 10 aims to curtail city and county property taxes. The proposal would put tighter limits on how much more in property tax revenue cities and counties can collect each year without asking voters. That limit under state law is 3.5%. SB 10 would further limit that growth to 2.5% for cities and counties with at least 75,000 residents.

SB 10 passed on an 18-12 vote.

Trafficking victims

Senate Bill 11, bipartisan legislation led by Flower Mound Republican Tan Parker, would create an affirmative defense for trafficking victims who commit crimes under their trafficker’s force, fraud or coercion. Abbott vetoed a previous version of the bill passed during the regular session, saying that it was too broad. With the special sessions, the bill now details the criteria for the protection’s application and limits the types of offense this defense could be used for, removing serious crimes such as murder and sexual assault. SB 11 passed to engrossment 30-0.

Giving the attorney general more power in election crime investigations

Senate Bill 12, from Sen. Bryan Hughes, a Mineola Republican, would allow the attorney general to prosecute election-related crimes without waiting for an invitation from the local district or county attorney. In 2021, the Court of Criminal Appeals ruled that the attorney general did not have independent prosecutorial authority; despite widespread conservative support, legislation to restore that power to the office stalled during subsequent legislative sessions. This year, Abbott added it to the special session agenda, but specifically requested it be passed as a constitutional amendment, which requires a two-thirds vote from both chambers, and voter approval. SB 12 passed 18-12.

Banning local governments from using tax dollars to pay lobbyists

Senate Bill 13 from state Sen. Mayes Middleton, a Galveston Republican, is a long-desired proposal by Republicans to forbid cities, counties and school districts from spending public dollars to hire lobbyists to represent them at the Capitol. Conservatives have long argued that localities collect money from taxpayers only to lobby against their interests at the state level — including on issues like property tax cuts. Local officials, in turn, argue that outlawing the practice would harm localities, especially smaller ones. Senators signed off on an identical bill during this year’s first special session. The bill passed 18-11.

Lowering developer fees for water conservation and reuse

Local governments charge “impact fees” to real estate developers to provide water and sewer infrastructure. Senate Bill 14 by state Sen. Charles Perry, a Lubbock Republican, would require cities and counties to lower those fees if developers install mechanisms to better conserve and reuse water. SB 14 passed with a unanimous vote.

Keeping unsubstantiated police misconduct allegations private

Senate Bill 15 would create a confidential department file for certain law enforcement personnel records, such as unsubstantiated misconduct allegations and background checks conducted during hiring. State Sen. Phil King, the Weatherford Republican who authored the bill, and the legislation’s supporters said it is about standardizing agencies’ public disclosure policies. They also said unsubstantiated claims shouldn’t be publicized because they could be defamatory.

Opponents of SB 15 raised concerns that this bill could keep important files from being shared with the public, hindering police transparency and accountability. This could include records related to the Uvalde shooting, some critics said, as the Texas Department of Public Safety appealed a judge’s order to release videos and investigative files of the botched response to news outlets. King said during the Monday Senate hearing that his bill doesn’t cover body-camera footage, or disclosures required under lawsuits or criminal investigations. Others said they are worried about how this bill would affect local police oversight rules such as in Austin, though King said during the first special session that the proposal wouldn’t change the city’s disclosure policy. Under the current bill, files that are required to be disclosed “by law” are exempted.

The Senate approved SB 15 with an 18-12 vote.

Increasing penalties for deed fraud

Senate Bill 16 would stiffen criminal penalties for people convicted of deed fraud — in which people use fraudulent deeds to commit financial crimes like selling someone else’s property — and give property owners greater protections against that fraud. SB16 by Sen. Royce West, a Dallas Democrat, was passed to engrossment with a unanimous vote.

Allowing for water control projects in partnership with USDA

Senate Bill 18 seeks to help communities respond quickly during extreme weather events by diverting water or preventing erosion using water infrastructure. The bipartisan bill led by Sen. Judith Zaffirini of Laredo, would allow for a government entity that partners with the U.S. Department of Agriculture's Natural Resources Conservation Service to build or maintain small-scale water control projects — used for erosion, sediment or flood control — without needing a state permit from the Texas Commission on Environmental Quality as long as it holds no more than 200 acre-feet. One acre-foot of water is about 325,851 gallons of water. This new exception would still apply even if the federal partnership ends as long as the dam is still used for the original purpose. TCEQ must create rules to implement this new exception by April 1.

Immunity during legislative testimony

Current law says that if a person is compelled to testify before the Legislature even if they claim that their testimony may be self-incriminating, they can receive total immunity from prosecution related to their statements — what’s known as “transactional immunity.” Senate Bill 34 would change the law to grant “testimonial immunity” to witnesses instead — meaning that any testimony or evidence a witness gives to the Legislature cannot be used against them in a criminal prosecution. SB 34 passed 30-0.

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