There is a big election on the horizon.  It is big because lots of folks are on the ballot, the Democrats have managed to find someone for nearly every position on the ballot, which is quite unusual.  It is also big because of the races that are on the ballot.  Every congressional seat, all of our statewide office holders (including our senior US senator, John Cornyn), half of the Texas Senate and all of the Texas House of Representatives.  That is a lot of races to consider, candidates to vet and voting decisions to be made and I have not even mentioned the judicial races on the ballot. 

What’s a voter to do?

Don’t be overwhelmed.  Pay attention. Participate in the process.  If you are happy with everything that is going on within our state and nation, go support those candidates who will continue these policies.  If you are unhappy with what is going on within our state and nation, then find a candidate who you feel will attempt to address issues in a different way that you can support. 

Here are the important voting dates for 2026:

• Tuesday February 17 – First day of Early Voting
• Friday February 20 – Last day to apply for Ballot by Mail
• Friday February 27 – Last Day of Early Voting
• Tuesday March 3 – Election Day/ Last day to receive Ballot by Mail

The US Senate race is very competitive in both the Republican and Democrat primaries. Significant sums of money are being spent by incumbent Senator John Cornyn and the Senate Republican Campaign Committee (SRCC) on his behalf.  The latest polls as of today show our current AG Ken Paxton leading the race with Senator Cornyn coming in 2^nd.  This race will more than likely head to a runoff and be decided this spring.  On the Democratic side, the 2 opponents seem pretty evenly matched, but this race will be decided on election day March 3.  The winners from each of the primaries will face off this November. 

While our current Governor does have competition from within his party and on the Democratic party ballot,  he remains the odds-on favorite to win his primary without a runoff and will be difficult to defeat this November, regardless of his Democratic opponent.

The current Lt. Governor is also running for reelection and faces 2 primary opponents while the ultimate Democrat nominee will be decided from among a group of 3 candidates where there will most likely be a runoff.  The current Lt. Governor will no doubt emerge from his primary without a runoff and will meet the Democratic nominee in the fall.    

Another high-profile statewide race is the race for AG Commissioner.  Long time incumbent Sid Miller is facing a stiff challenge in his primary after the Governor endorsed his opponent.  There is also an unopposed Democrat who will face the winner of the Republican primary.

The Attorney General’s race has no incumbent (current AG Ken Paxton is running for US Senate) and there are 4 Republicans running and 3 Democrats.  Both of these primary races will go to a runoff with the victors facing off in November.

Current Land Commissioner Dawn Buckingham is running unopposed in the Republican primary and will face the winner of the Democratic primary in November.

In the race for Comptroller, there are 3 Republicans running including Governor appointed Comptroller and former State Senator Kelly Hancock, current Railroad commissioner Christi Craddick and former State Senator Don Huffines.  There are 2 Democrats running as well including current State Senator Sarah Eckhardt.  The winner of the Republican runoff will meet the Democrat in November.

In the Texas State Senate there are 5 open seats.  The Senators have 4-year terms and half run each election cycle.  A normal turnover rate is 2 to 3, this year with 5 open seats we know for sure we will have 5 new senators.  Perhaps more if an incumbent were to lose, all but 1 are opposed.  Regardless, the Texas Senate will look much different in 2027.

All Texas House seats are for 2-year terms so all 150 are up for election.  There are 21 open House seats so at a minimum we will have 21 new House members.  That is about the normal average turnover. Virtually every House seat has a contested election either in the primary or the general election and there is a realistic chance that some incumbents will also be defeated. There could be some additions to that guaranteed  21 new House members. 

 The House is always different after every election.

As you can see, there is much to consider.  To a greater or lesser degree all these elected officials can impact your business and your personal life.  Take nothing for granted, meet, listen and ask questions of those who ask for your vote.  Your vote matters a great deal, money does not decide elections, voters do. Go beyond the slick ads that dominate the airwaves right now.  Dig, do research call people you trust and ask their opinion.  Never think that your vote does not count, it does.  Many of these races will be close, especially in the primaries so participate.  Once you have made a decision on who you wish to support and why, let your family, friends and neighbors know.  Encourage them to participate as well.

Go Vote!

Governor Gregg Abbott called 2 special sessions earlier this summer.  The sessions immediately followed the regular 89^th legislative session marked by partisan conflict and a successful quorum break by House Democrats during the first called special session.

The first special session began on July 21 and concluded August 15. House Democrats left the state to deny a quorum, specifically to block passage of a mid decade redistricting plan drawn to add 5 additional Republican leaning Congressional seats.  Because of this action, the session ended without passage of any significant legislation including the new redistricting plan.

The second special session began on August 15^th and concluded September 4^th.  The second special session included items unfinished from the first and some additional items like responding to the Central Texas floods.

The redistricting issue that sent the Democrats walking, was of course front and center and one of the first items addressed.  Lawmakers passed new congressional maps designed to potentially favor 5 new seats for the upcoming midterm elections.

The State of Texas Assessments of Academic Readiness (STARR) test was eliminated and replaced with 3 shorter tests given throughout the school year.

Following the deadly July 4^th floods, the legislature passed a variety of camp safety bills, mandating new emergency plans and prohibiting cabins in floodplains. 

Additional anti-abortion bills also passed prohibiting abortion-inducing drugs and allowing people to sue providers.  An additional bill passed prohibiting cities from funding out-of-state abortion travel. 

A bill restricting access to bathrooms and other facilities based on the sex assigned at birth was passed and signed by the Governor.  Some version of this bill has been attempted for at least the past 10 years. 

Despite being a priority, a comprehensive bill regulating consumable hemp and THC products failed to pass.  Following the session, Governor Abbott issued an executive order setting an age restriction of 21 for such products.  This issue continues to be a point of contention between the Governor and the Lt. Governor who wants an outright ban on THC.  No doubt there will be more to come on this issue.

Legislation was also passed to impose penalties on lawmakers who intentionally break quorum to block legislation.  Only time will tell if this “discourages” quorum breaking in the future.

Since the conclusion of the 2^nd special session, the Governor has mentioned he might call yet another.  There are several issues, THC being one of them, that were not addressed to his satisfaction.  Everyone seemed ready to be out of Austin at the conclusion of this most recent session, but he can call them back at any time. There have already been a smattering of retirement announcements and those running for different office.  No doubt, there will be more.  This is an election season with all Texas House seats up for election and ½ of the Texas Senate, and all statewide office holders.  Will be an expensive campaign season and one thing for certain the legislature will look different in January 2027 than it does now, for better for worse.

The first called special session saw over 450 bills and resolutions filed.  Many of those bills are variations on a theme between flood warnings and prevention, regulation/banning THC products, and redistricting.  These 3 subjects represent the lion’s share of what was filed.

The House and Senate met on Friday, the 15^th to Sine Die the first special session for the Governor to immediately call the next Special Session. A new Special Session requires that bills be filed once again so they “kind of” have to start from scratch but only in the sense that bills filed during one Special Session don’t carry over to the next and must once again go through the process from introduction, referral, hearing etc.     

Most of the Democratic house members returned to Austin on Monday, August 18th, ending a two-week walkout denying a quorum. The purpose being to stymie a mid-term redistricting map that adds 5 new Republican seats.  This at the direct request of the White House, apparently fearing a typical midterm incumbent blowback and potential loss of an already razor thin majority in the US House.  Both Governor Abbott and Attorney General Paxton have spent considerable time in front of cameras threatening retribution with lawsuits, potential loss of members’ House seats, arrest etc.  Senator Cornyn even requested help from the FBI.  Not sure what they would do given no laws have been broken.  The only offense that these House members have committed being a civil offense.  Quorum requirements are common in almost all organized decision-making bodies.  It is a fundamental component of parliamentary procedure.  Per Robert’s Rules of Order: “The minimum number of members who must be present at the meeting of a deliberative assembly for business to be validly transacted is the quorum of the assembly.  The requirement of a quorum is protection against totally unrepresentative action in the name of the body by an unduly small number of persons.” Robert’s Rules of Order 12^th edition.  You may not agree with the reasons behind the quorum break, but it is allowed within normal parliamentary rules.

There were 3 public hearings in the larger metro areas of the state on the redistricting request from the White House.  The President said he wanted 5 new Republican dominated seats in Texas and the legislature is attempting to oblige him.  The public hearings were “contentious” that maybe an understated description but needless to say well attended by interested constituents.  One of the interesting aspects of the public hearings was that there were no maps available for either the committee members or the public to review.  Maps have since been produced which do indeed create 5 new Republican dominated districts.  Now whether or not these new seats will actually produce 5 additional Republican congressional members is another matter.  The census data used to create these new seats is 5 years old.  There are always lawsuits during redistricting, expect lawsuits if and when any of these maps/new districts are adopted.  The courts will step in and well, I am sure everything will work out wonderfully, well-laid plans and all.

While we thought water issues were completed (at least for a while) during the regular legislative session, that appears not to be the case.  On July 15^th Chairman Harris had a meeting of the House Natural Resources committee to listen to citizen concerns regarding the possible removal of significant amounts of groundwater from East Texas aquifers.  The hearing lasted over 11 hours with most witnesses coming from Henderson, Anderson and Houston counties.  In attendance on the committee were all current members of House Natural Resources, 8 other House members not on the committee, Senator Nichols and Senator Perry.  The majority of the testimony consisted of concerns expressed by these residents that potential export projects were going to possibly remove significant amounts of (their) ground water and either force them to lower their pumps or even drill new wells (or run out of water completely).

In response to this hearing, several bills were introduced in both the House and Senate proposing dramatic changes to current ground water law, GCDs and potentially the rule of capture.  In summary, the bills appear to increase centralized regulator authority over groundwater and inter-district transfers.  Give GCDs immunity and impose constraints that could reduce the feasibility or legal certainty of large ground water withdrawals and exports.  As of today, the bills have not been referred or added to the Call of the session.  It is probably a safe assumption they will be introduced again, either during this upcoming Special Session and/or certainly during the 2027 Regular Session.

The Senate has once again passed a complete ban on THC products.  Readers might recall that the Governor vetoed a similar bill less than 1 month ago.  The House has yet to have a hearing on the THC issue but I am sure will take it up one day next week.  What the House might do is anyone’s guess.  The grassroots efforts that influenced the Governor’s action have not suddenly diminished in the last 2 weeks so I assume those who feel strongly about this subject will continue to spend their time making sure House members know how they feel. 

And, oh yes, if you did not read all of the previous paragraph, the Governor vetoed a bill that banned THC.  He has specifically outlined his thoughts as to where he thinks the efforts should be directed toward.

And, if you did not read the last 2 paragraphs, he is against a complete ban and vetoed the last time that a bill crossed his desk that stipulated a complete ban.  

Throw in some abortion-related bills, flood control, banning municipalities from hiring lobbyists and who knows what else might be on the next call.  One thing we can probably count on, there will be some new Congressional maps, and there will be lawsuits challenging those maps.  Of that I am certain.

Kyle

The Governor announced the items on the agenda for the upcoming Special Session.  Not only is the Governor the only official who can call a Special Session, he also decides what is on the agenda. While the members can file any bill they wish (and many do) only those items included on the Special Session call can be advanced.  The Governor’s Special Session call includes the following issues:

Flood Warning Systems, Flood Emergency Communications, Relief Funding for Hill Country Floods, Natural Disaster Preparation & Recovery, Eliminate STAAR test, Cut property taxes, Protect children from THC, Regulate Hemp-derived products, Protect unborn children, Ban Taxpayer funded lobbying, Protect Human trafficking victims, Police Personnel Records, Protect Women’s spaces, AG election powers, Redistricting (Congressional), Title theft & Deed fraud, Water project incentives, State Judicial Department.

The first few items dealing with flood and disaster relief are in response to the dramatic flooding and loss of life during the recent July 4^th flooding in the Hill Country.  Many of the remaining issues are either issues that failed during the regular session for some reason or were vetoed by the Governor because of some flaw that was found in the language that was passed.  This is certainly one of the more ambitious Special Session agendas of which I am aware.  A Special Session lasts 30 days, if these items are not addressed to the Governor’s satisfaction, he can call them back for another 30 days and can do this as many times as he wants. 

The stats from the regular session are in and as follows: Of the 9,240 bills and resolutions filed, 1,355 (15%) were sent to the Governor.  The Governor vetoed 28 bills (several of which are on the Special Session Call) and allowed 24 bills to become law without his signature and signed the rest. While this task is daunting, keep in mind that his staff tracked most of these bills throughout the session and actually had input on many of the bigger ticket items, so it is not like they are seeing these bills for the first time.  Still, it is a lot to consider.  And none larger than SB 3 which ended up being a complete ban on THC products and one of which the Governor chose to veto.  It is on the list for the Special Session.

If you ever want to question whether or not grassroots efforts can make a difference look no further than the Governor’s response on the passage of SB 3 and his decision to veto.  Industry members assembled significant support after the bill’s passage and delivered over 5,000 letters and 120k signatures on a petition asking for the Governor to veto the legislation.  He did, now it is back on the agenda.

Another issue the Governor wants additional work on is property taxes. Despite passage of the increase in the homestead exemption, he seeks additional reform.  What that looks like remains to be seen. Property taxes are a significant source of revenue for local governments and a major portion of public school funding, so not easily replaced.  Everyone wants a better system, but options are limited.  30 days is not long to tackle an issue years in the making.    All Special Sessions are unique, the ticking clock, the limit on the issues to be discussed and decided, the upcoming campaign season (several members are already running for open or soon to be open seats) all this impacts what can and cannot be accomplished.  The clock may favor those who don’t want something to pass, but the Governor has the ability to call them back again and again.  He has done it before and he lives here so Special Sessions don’t hamper his business or home life.  All these factors come into play.  The fun starts on Monday July 21^st.

The 89^th legislative session ended on Monday June 2^nd.  Despite some last-minute wrangling dealing with an increase in judge’s salaries (which is also tied to legislator’s pensions) both the House and the Senate finished mid afternoon. 

No mention of the need for a special session.

At least not today.

It seems that many of the priorities listed by the Governor and Lt. Governor at the beginning of the session were addressed in some manner.  If it was not addressed, perhaps not important enough to keep them here, at least not right now. 

Now the ball is in the Governor’s court.  With over 1,000 bills to consider, he will usually take his time and not make a final decision on each bill (or at least not announce a final decision) until the deadline or close to it.  The Governor has until June 22^nd to either sign, veto or allow to become law each bill that passed both Houses.  While that task is daunting, keep in mind that his staff has tracked most of these bills throughout the session and actually had input on many of the bigger ticket items, so it is not like they are seeing these bills for the first time.  Still, it is a lot to consider. And none larger than SB 3, which ended up being a complete ban on THC products.

Since the agriculture hemp law passed in 2019, a significant industry has developed around the cultivation, processing and sale of hemp-based products.  Some reports put the economic impact in Texas at around $8 Billion annually.  Lt. Governor Dan Patrick (and the Texas Senate) passed out legislation early in the session that completely bans hemp-based products containing THC and the House followed suit claiming that the industry lacks meaningful regulation and targets children.  Industry members have assembled significant support since the bill’s passage delivering over 5,000 letters and 120k signatures on a petition asking for the Governor to veto the legislation.  To date the Governor has not given any indication which way he is leaning.  You can bet there is some polling going on.  To be continued…

Both chambers sought and found additional relief on ever increasing property taxes.  While the measures passed must still be decided by the voters, increases in the homestead exemption will be on the ballot this November.  Increasing that exemption to 140k for all homeowners and 200k exemption for those over 65 will be among the constitutional propositions that will be decided this fall.  Expect passage of both. 

Another important, much discussed item this session was a significant commitment to the future water needs of the state.  The Governor even included water as an emergency item at the beginning of the session.  SB 7 and the constitutional amendment HJR 7 seek to dedicate $1 Billion each fiscal year (beginning in 2027) to the new water fund at the Texas Water Development Board.  This fund will be used for new water projects, water transportation infrastructure, flood control, development of some surface water projects, etc.  While this also must go before the voters this November, expect significant voter education money to be spent encouraging support between now and then.  This is the most significant water legislation since 1997.  Most would agree this focus is long overdue.

The Texas Desalination Association continued to support efforts to address Texas’ long term water needs.  After setting the groundwork last session with the creation of the “New Water” fund, leadership in the House, Senate and the Governor’s office decided to make a serious commitment to the development of “New Water”.  SB 7 and HJR 7 received unanimous support in both the House and the Senate (does not happen very often) signaling that everyone agrees we have a water problem that must be addressed.

The proposed revenue dedication begins in 2027 and will continue for 20 years.  These funds will be used for water supply projects and fixing failing systems.  In addition, the budget just approved included over $2.6 billion toward Texas’ water infrastructure needs.  These historic appropriations include matching funds to maximize Texas’ receipt of federal water infrastructure funds and $2.5 billion for water infrastructure projects and programs. 

This does not solve the Texas water crisis, but it helps.  As important as the actual dedication of funds, it is equally important that our elected officials remain focused on addressing this issue.  Perhaps those of us in the “water world” can help our decision makers keep that focus going forward.  That, and help meet the needs of our fast-growing state by developing the projects needed to answer this call.