This entire piece is worth reading as it provides the best synopsis around of the 85th 2017 convening of the Texas State Legislature. It describes Texas as a bellwether state which I hope is true when it comes to all the good things about our state rather than all the terrible, distasteful ones that this piece is mostly about. Here are a few select tidbits from my vantage point:
- Evan Smith, of the Texas Tribune, has closely followed thirteen legislative sessions. He noted that, even as Dan Patrick and his Republican allies slashed government services, they allocated eight hundred million dollars for border security. “White people are scared of change, believing that what they have is being taken away from them by people they consider unworthy,” he told me. “But all they’re doing is poking a bear with a stick. In 2004, the Anglo population in Texas became a minority. The last majority-Anglo high-school class in Texas graduated in 2014. There will never be another. The reality is, it’s all over for the Anglos.”
- In Texas politics, he says, “everything is about race—it’s veiled as public policy, but it encourages people to believe that their tax dollars are going to support lazy black and brown people.” Political views have become more entrenched because of redistricting, and yet the demographic majority in Texas is far more progressive than its representatives. Coleman predicts a showdown: “This is a battle about the future of the country, based on a new majority, and we have to have this out.”
- The long-term goal of cultural conservatives is to cut off access to abortion in Texas, to end state subsidies for birth control, and to gut state funding for Planned Parenthood—which, in 2011, served sixty per cent of the health needs of low-income women in the state. The legislators slashed the family-planning budget from $111.5 million to $37.9 million. Eighty-two family-planning clinics subsequently shut down.
- Between 2010 and 2014, the proportion of women who died in childbirth in Texas doubled, from 18.6 per hundred thousand live births to 35.8—the worst in the nation and higher than the rate in many developing countries. These figures represent six hundred dead women.
- In Texas politics, he says, “everything is about race—it’s veiled as public policy, but it encourages people to believe that their tax dollars are going to support lazy black and brown people.” Political views have become more entrenched because of redistricting, and yet the demographic majority in Texas is far more progressive than its representatives. Coleman predicts a showdown: “This is a battle about the future of the country, based on a new majority, and we have to have this out.”
On May 20th, Tom Mechler, the chairman of the state Republican Party, resigned, citing personal reasons. He issued a letter pleading for party unity. “A party that is fractured by anger and backbiting is a party that will not succeed,” he said. He also warned that the Republican Party had failed to attract voters outside the white demographic, and was therefore destined for electoral oblivion. “If we do not continue to make efforts to engage in the diverse communities across Texas, our state will turn blue,” he warned.
So there is hope, however, most troubling to me is 600 dead women annually because of health-related reasons, including a lack of health insurance due, in part, to the lack of availability of health care services that additionally consists of a recent shutting down of health clinics even as our leadership displays indifference to what may be easily characterized as a crisis of maternal mortality in our state.
We must all work together to get these folks out of office. Thankfully, many of them are named here within—so let's get to work!
c/s
America’s Future Is Texas
With right-wing zealots taking over the legislature even as the state’s demographics shift leftward, Texas has become the nation’s bellwether.
When
Frederick Law Olmsted passed through Texas, in 1853, he became besotted
with the majesty of the Texas legislature. “I have seen several similar
bodies at the North; the Federal Congress; and the Parliament of Great
Britain, in both its branches, on occasions of great moment; but none of
them commanded my involuntary respect for their simple manly dignity
and trustworthiness for the duties that engaged them, more than the
General Assembly of Texas,” he wrote.
This passage is possibly unique in the political chronicles of the
state. Fairly considered, the Texas legislature is more functional than
the United States Congress, and more genteel than the House of Commons.
But a recurrent crop of crackpots and ideologues has fed the state’s
reputation for aggressive know-nothingism and proudly retrograde
politics.
I’ve lived in Texas for most of my
life, and I’ve come to appreciate what the state symbolizes, both to
people who live here and to those who view it from afar. Texans see
themselves as a distillation of the best qualities of America: friendly,
confident, hardworking, patriotic, neurosis-free. Outsiders see us as
the nation’s id, a place where rambunctious and disavowed impulses run
wild. Texans, it is thought, mindlessly celebrate individualism, and
view government as a kind of kryptonite that weakens the entrepreneurial
muscles. We’re reputed to be braggarts; careless with money and our
personal lives; a little gullible, but dangerous if crossed; insecure,
but obsessed with power and prestige.
Texans,
however, are hardly monolithic. The state is as politically divided as
the rest of the nation. One can drive across it and be in two different
states at the same time: FM Texas and AM Texas. FM Texas is the silky
voice of city dwellers, the kingdom of NPR. It is progressive, blue,
reasonable, secular, and smug—almost like California. AM Texas speaks to
the suburbs and the rural areas: Trumpland. It’s endless bluster and
endless ads. Paranoia and piety are the main items on the menu.
Texas
has been growing at a stupefying rate for decades. The only state with
more residents is California, and the number of Texans is projected to
double by 2050, to 54.4 million, almost as many people as in California
and New York combined. Three Texas cities—Houston, Dallas, and San
Antonio—are already among the top ten most populous in the country. The
eleventh largest is Austin, the capital, where I live. For the past five
years, it has been one of the fastest-growing large cities in America;
it now has nearly a million people, dwarfing the college town I fell in
love with almost forty years ago. Because Texas represents so much of
modern America—the South, the West, the plains, the border, the Latino
community, the divide between rural areas and cities—what happens here
tends to disproportionately affect the rest of the nation. Illinois and
New Jersey may be more corrupt, and Kansas and Louisiana more out of
whack, but they don’t bear the responsibility of being the future.
I’ve
always had a fascination with Texas’s outsized politics. In 2000, I
wrote a play that was set in the state’s House of Representatives. The
protagonist, Sonny Lamb, was a rancher from West Texas who represented
House District 74, which, in real life, stretches across thirty-seven
thousand square miles. (That’s larger than Indiana.) While I was doing
research for the play, I met in Austin with Pete Laney, a Democrat and a
cotton farmer from Hale County, who, at the time, was the speaker of
the House. Laney was known as a scrupulously fair and honest leader who
inspired a bipartisan spirit among the members. The grateful
representatives called him Dicknose.
We sat
down in the Speaker’s office, at the capitol. I explained that I was
having a plot problem: my hero had introduced an ethics-reform bill,
which triggered a war with the biggest lobbyist in the state. How could
the lobbyist retaliate? Laney rubbed his hands together. “Well, you
could put a toxic-waste dump in Sonny’s district,” he observed. “That
would mess him up, right and left.”
Laney’s
suggestion was inspired by an actual law that the Texas House of
Representatives had passed in 1991. It allowed sewage sludge from New
York City to be shipped, by train, to a little desert town in District
74, Sierra Blanca, which is eighty miles southeast of El Paso. The train
became known as the Poo-Poo Choo-Choo.
“Another thing,” I said. “I’d like my lobbyist to take some legislators on a hunting trip. What would they likely be hunting?”
“Pigs,” Laney said.
“Pigs?”
“Wild
pigs—they’re taking over the whole state!” Laney said. Feral pigs are a
remnant of the Spanish colonization, and now we’ve got as many as three
million of them, tearing up fences and pastureland and mowing down
crops, even eating the seed corn out of the ground before it sprouts.
They can run twenty-five miles per hour. “You ever seen one?” Laney went
on. “Huge. They got these tusks out to here.”
“How do you hunt them?”
“Well,
I don’t hunt ’em myself, but I got a friend who does.” He punched an
intercom button on his phone. “Honey, get Sharp on the line,” he said.
In
a moment, John Sharp was on the loudspeaker. The former state
comptroller of public accounts, he is now the chancellor of the Texas
A. & M. system. “Sharp,” Laney said, “I got a young man here wants
to know how you hunt pigs.”
“Oh!” Sharp cried.
“Well, we do it at night, with pistols. Everybody wearing cutoffs and
tennis shoes. We’ll set the dogs loose, and when they start baying we
come running. Now, the dogs will go after the pig’s nuts, so the pig
will back up against a tree to protect himself. So then you just take
your pistol and pop him in the eye.”
And these were progressive Democrats. More or less.
For
more than a century, Texas was under Democratic rule. The state was
always culturally conservative, religious, and militaristic, but a
strain of pragmatism kept it from being fully swept up in racism and
right-wing ideology. Economic populism, especially in the rural areas,
offered a counterweight to the capitalists in the cities.
But
in the nineteen-seventies the state began shifting rightward. Bill
Miller, a lobbyist in Austin and a longtime student of Texas politics,
dates the change to May, 1976, when Ronald Reagan beat Gerald Ford in
the Texas Republican primary. “Reagan won every Texas delegate and the
popular vote two to one,” Miller told me. “He smoked an incumbent
Republican President and his mainstream followers with a heretofore
unknown coalition of conservatives. That day lit the conservative fuse.
Suddenly, they knew they had the numbers to win.” Ford went on to gain the nomination, but he lost the Presidency to Jimmy Carter—the last Democratic nominee to carry Texas.
Suddenly, they knew they had the numbers to win.” Ford went on to gain the nomination, but he lost the Presidency to Jimmy Carter—the last Democratic nominee to carry Texas.
In 1978,
Bill Clements became the first Republican governor of Texas since
Reconstruction. To help him reach constituents, Clements hired a young
direct-mail wizard named Karl Rove, who became a central figure in
Texas’s transformation from blue to red. Rove attributes the change to
the growth of the suburbs and the gradual movement of the rural areas
into the Republican column: “They went from being economic populists,
who thought the system was rigged against them by Wall Street, to being
social and conservative populists, who thought that government was the
problem.”
Moderate and conservative Democratic
politicians followed the voters to the Republican Party. Rick Perry, for
one, served three terms in the Texas House as a Democrat, and even
campaigned for Al Gore in his 1988 Presidential run, before changing
parties, in 1989. In 1994, Texas elected its last statewide Democrat.
“It was a complete rout of a political party,” Miller said.
While
George W. Bush was governor, between 1995 and 2000, a cordial détente
between the political parties prevailed. The lieutenant governor, Bob
Bullock, and Speaker Laney were both Democrats, and, when Bush ran for
President, they became exhibits in his argument that he would be a
bipartisan leader. Like Lyndon Johnson, Bullock had a huge, battered
face and an unbridled love of Texas, which allowed him to see past the
barriers of party loyalties. (His legend was only enhanced by his
ruinous personal life: alcoholism, cancer, chronic depression, five
marriages.) At Bush’s fiftieth-birthday party, at the governor’s
mansion, in July, 1996, Bullock offered a toast to the Governor as “the
next President of the United States.” As far as I know, that was the
first time such a statement had been made about Bush in public, and it
was by the highest Democratic official in the state.
In
January, 2003, the Republicans finally took over the Texas legislature,
and Laney lost the speakership to Tom Craddick, an ultraconservative
Republican from Midland, the oil capital. More than anyone, Craddick was
responsible for securing a Republican majority in the House, through
clever fund-raising and indefatigable campaigning. “There were eight
other Republicans in the House when I got elected, in 1969, and two in
the Senate,” Craddick told me recently. “The first time I tried to
introduce a bill, they told me I couldn’t, because I was a Republican.”
When
he entered the House, he was twenty-five—the youngest member. “Back
then, most of the other members were retired, and they ran for office as
a civic duty,” he said. Now, at seventy-three, he is the
longest-serving legislator in Texas history.
Craddick
is slight and white-haired, wry and friendly, with a slur in his speech
and a shuffle in his step. He’s easy to miss in the crowd of vigorous
young legislators, few of whom were in office when Craddick turned the
House into a Republican domain. His crusade started in the late
eighties, he recalled. Initially, the Party had barely any
infrastructure, and so he helped to organize candidates’ campaigns,
requiring them to report how many doors they had knocked on and how many
mailers they had sent out.
Craddick was the
first Republican speaker since 1873. With his election to the post, the
coup was complete. “But it wasn’t just about winning elections,” he told
me. “We had a redistricting plan.”
In
the 2002 elections, fifty-six per cent of Texans who voted for a U.S.
representative chose a Republican, but Democrats nevertheless held more
seats in the U.S. House—seventeen seats to the Republicans’ fifteen.
Craddick worked with Congressman Tom DeLay, who was then the Majority
Whip, to put into motion a sweeping plan to create a permanent
Republican majority in the U.S. House.
Under
Craddick’s leadership, the Texas legislature began carving historical
congressional districts into new fiefdoms. Taking care not to violate
Supreme Court guidelines on minority representation, lawmakers jigsawed
Texas into shapes that would decisively capture the state for the right.
In
May, 2003, the redistricting plan came up for a vote in the Texas
House. Fifty-three Democrats, sensing a lethal threat to their party,
fled to Oklahoma, denying Craddick a quorum. He locked the capitol
chamber, to prevent any more defections, and called out state troopers
to hunt down the missing members, who became known as the Killer Ds.
In
the midst of this hubbub, Pete Laney, the former speaker, flew his
Piper turboprop from the Panhandle to Ardmore, Oklahoma, where he joined
his Democratic colleagues at the local Holiday Inn. Someone from
DeLay’s office obtained Laney’s flight plan from the Department of
Homeland Security by implying that Laney’s plane was overdue to land and
might have crashed or been seized by terrorists. Texas troopers and
national reporters swarmed into Ardmore. The Democratic faction remained
in Oklahoma for four days, until the deadline for considering new
legislation had passed. The governor, Rick Perry—by then a stalwart
Republican—called a special session for late June, whereupon eleven
Democratic state senators decamped to New Mexico. It took two more
special sessions to ram the vote through.
The
redistricting had a revolutionary effect. Today, the Texas delegation to
the U.S. House of Representatives includes twenty-five Republicans and
eleven Democrats—a far more conservative profile than the political
demography of the state. The Austin metropolitan area, the heart of the
Texas left, was divvied up into six congressional districts, with city
residents a minority in each. All but one of these districts are now
held by Republicans. I’m currently represented by Roger Williams, a
conservative automobile dealer from Weatherford, two hundred miles north
of Austin. Another Republican congressman, Lamar Smith, lives in San
Antonio, but his district includes—and neutralizes—the liberal area
surrounding the University of Texas at Austin. Smith, a member of the
Tea Party Caucus, in Washington, denies that human activity affects
global warming. He heads the House Committee on Science, Space, and
Technology, which oversees NASA,
the Department of Energy, and the Environmental Protection Agency.
Lloyd Doggett is the only Democrat representing the Austin area, and his
district runs along I-35, from East Austin to East San Antonio,
scooping up as many Democrats as possible in one basket.
Texas’s
redistricting process has since been replicated in statehouses around
the country, creating congressional districts that are practically
immune to challenge and giving Republicans an impregnable edge in
Washington. “Texas became a model for how to get control,” Craddick told
me.
In 2005, DeLay was prosecuted for money
laundering and conspiracy, in connection with the illegal use of
corporate funds. Craddick was also questioned, but he was never
indicted. DeLay’s conviction was overturned on appeal, in 2013, but by
then he had resigned from Congress and made an unexpected appearance on
“Dancing with the Stars.” The show has become a pathway to redemption
for disgraced Texas politicos. In 2014, Rick Perry was indicted for
abusing gubernatorial power, after he threatened to defund an
anti-corruption agency. He was later cleared, and he, too, celebrated
his comeback on “Dancing with the Stars.” Now he heads the Department of
Energy. I wonder if Ted Cruz can dance.
Texas
has always had a burlesque side to its politics. The columnist Molly
Ivins made a national reputation as a humor writer by lampooning the
people we elect to office. One of my favorites in this category was Mike
Martin, a state representative from Longview. In 1981, someone
shotgunned the trailer he lived in during his months in Austin. Martin
was inside, and was slightly injured. He declared that the shooting was
in reprisal for an investigation he was pursuing involving a satanic
cult. Later, his cousin admitted that he had fired the weapon at
Martin’s behest, ostensibly to gain Martin sympathy votes. (Martin was
running for reëlection.) Martin fled Austin, but, as Ivins noted,
the police “tracked him to earth at his momma’s house, where he was
found hiding in the stereo cabinet.” She added, “He always did want to
be the Speaker.”
Ivins, who died in 2007, would
have loved writing about Mary Lou Bruner, a seventy-year-old retired
schoolteacher from Mineola, who last year ran as a Republican for an
open seat on the Texas State Board of Education—a frequent battleground
of the culture wars. Because ten per cent of American public-school
students live in Texas, the state exerts a great influence on the
textbook-publishing industry. During her campaign, Bruner posted on
Facebook that Barack Obama had worked as a male prostitute in his
twenties. “That is how he paid for his drugs,” she reasoned. Bruner went
on to assert that climate change is a “ridiculous hoax,” and that
dinosaurs are extinct because the ones on Noah’s Ark were too young to
reproduce. Somehow, she made it to a runoff, which she then lost.
In
March, 2016, a man named Robert Morrow was elected the Republican Party
chairman of Travis County, which contains Austin. Like many reporters
in Texas, I received wild e-mails from Morrow for several years. He once
claimed that George H. W. Bush was “a seriously addicted homosexual
pedophile” who was also involved in a C.I.A. drug-smuggling ring with
the Clintons. In 2011, Morrow took out a full-page ad in a local
newspaper:
HAVE YOU EVER HAD SEX WITH RICK PERRY?
Are you a stripper, an escort, or just a “young hottie” impressed by an arrogant, entitled governor of Texas?
Nothing
came of the ad, which, Morrow said, was designed to expose Perry as “a
Christian-buzzwords-spouting, ‘family values’ hypocrite and fraud.”
Morrow,
a fifty-three-year-old Princeton graduate with an M.B.A. from the
University of Texas, describes himself as an independent investor. In
2015, he wrote a book
with Roger Stone, the political operative and occasional adviser to
Donald Trump, called “The Clintons’ War on Women.” The Austin American-Statesman noted
that it appeared “to be serving as a playbook for Trump” in his attacks
on Hillary Clinton. (Upon its publication, Trump tweeted, “The latest
book on Hillary—Wow, a really tough one!”) Mainstream Party officials
were mortified when Morrow won the Travis County election, with
fifty-six per cent of the vote. They promised to “explore every single
option that exists” to remove him from office. Morrow responded, “They
can go fuck themselves.” In June, he tweeted, “Top priority for Travis
GOP: beautiful Big Titty women!!”
Texas
Republicans were having an unhappy time of it in 2016. Rick Perry, who
retired from the governorship the previous year, was K.O.’d early in the
Presidential primaries, and Senator Ted Cruz, probably the most
unpopular politician in Washington, was eventually overmatched by Trump.
Compounding the embarrassment, Morrow announced that he was running for President himself. This turned out to be against the rules for the Travis County chairman. At a meeting held in August, the Party deposed him. Morrow, who was present at the meeting, wearing a floppy motley-fool hat, did not object.
Compounding the embarrassment, Morrow announced that he was running for President himself. This turned out to be against the rules for the Travis County chairman. At a meeting held in August, the Party deposed him. Morrow, who was present at the meeting, wearing a floppy motley-fool hat, did not object.
That month,
Trump campaigned in Austin, and Morrow, who had not endorsed a candidate
besides himself, protested his party’s nominee by carrying a giant red
sign that said “TRUMP IS A CHILD RAPIST.”
Roger
Stone, who was present at Trump’s campaign event, claimed that he had
the police escort his co-author away from the rally. To add to the
insult, Stone tweeted that Morrow was a “Clinton quisling.”
The
Texas capitol, constructed of red granite, was completed in 1888. The
state was destitute then, and paid for the building with three million
acres of public land in the Panhandle—about the size of Connecticut. At
the time, the capitol was said to be the seventh-largest building in the
world, and, as one would expect, it is somewhat taller than its uncle
in Washington, D.C. During the summer in Austin, nighthawks swirl around
the crowning statue on the dome: the Goddess of Liberty, holding aloft a
golden star.
The legislature meets every other
year for a hundred and forty days, reflecting the state’s native
aversion to government. The sessions begin on the second Tuesday in
January and end around Memorial Day. The legislature’s only mandated
task is to produce a two-year balanced budget. In the 2015 session, the
state budget worked out to about a hundred billion dollars per year.
This year, a drop in the price of oil and a rise in population augured
substantial cutbacks and a struggle to meet the health and safety needs
of citizens.
When I visited the capitol in
January, a group of high-school girls stood on a terrazzo mosaic in the
middle of the rotunda. In the center was the seal of the Republic of
Texas, a lone star wreathed in branches of olive and live oak. “It’s two
hundred and eighteen feet from this star to the one above,” a guide
told them, gesturing to its mate, on the ceiling of the dome. “You could
fit the Statue of Liberty in here.”
On the
walls of the rotunda hang portraits of our former governors. When the
current governor, the staunchly conservative Greg Abbott, leaves office,
his portrait will go where Rick Perry’s is now, and those of all the
previous forty-seven governors will take one step to the left. When a
portrait arrives at the end of the circle on the ground floor, it moves
to the wall of the floor above, and then higher and higher and further
into obscurity.
The next portrait that will
ascend from the lobby is that of W. Lee (Pappy) O’Daniel. In some
respects, O’Daniel, a Democrat, was a precursor of Donald Trump. When he
successfully ran for governor, in 1938, he was a political naïf who had
never cast a ballot, and he wasn’t even eligible to vote in that
election, because he hadn’t paid his poll tax. He passed himself off as a
rube, but he was a savvy operator. He had become famous as the host of a
radio show in which he performed with his band, the Light Crust
Doughboys. Radio was his Twitter. His only real platform was to stir
things up. When his opponents staged a rally, hundreds would attend, but
O’Daniel’s speeches attracted tens of thousands. In his first race, he
defeated eleven contenders, without a runoff.
As
governor, he reneged on promises he had made to abolish the death
penalty, block the sales tax, and raise pensions. He was a scaremonger,
railing against “Communistic labor-leader racketeers” and politically
controlled newspapers. He was terribly ineffectual but such a compelling
showman that, in 1941, voters sent him to the U.S. Senate over a young
man named Lyndon Johnson—the only election Johnson ever lost. The
portrait of O’Daniel in the rotunda shows a handsome, full-faced man
with slicked-back hair and a “Who, me?” look in his eye.
Next
to him is O’Daniel’s calmer successor, Coke Stevenson, and the bon
vivant Beauford Jester, who, according to legend, died in the arms of
his mistress, on the midnight sleeper to Houston.
Of
all the governors on the rotunda walls, Ann Richards, who served from
1991 to 1995, was the most memorable, at least in my lifetime. She had
stark-white hair that was swept and sprayed into a blinding
pompadour—Molly Ivins called it “hard hair”—and a switchblade sense of
humor that was honed on the primitive male chauvinism she had grown up
with. She became a national figure when, as the state treasurer, she
gave the keynote address at the 1988 Democratic National Convention.
“Poor George,” she said of the Republican nominee, George H. W. Bush. “He can’t help it. He was born with a silver foot in his mouth.” She wasn’t nice, but she had a wonderful smile, and batted her icy-blue eyes as she stuck the knife in.
“Poor George,” she said of the Republican nominee, George H. W. Bush. “He can’t help it. He was born with a silver foot in his mouth.” She wasn’t nice, but she had a wonderful smile, and batted her icy-blue eyes as she stuck the knife in.
Her rise to
governor, as a recovered alcoholic and a divorced mother of four, was a
near-miracle. Her wealthy Republican opponent—the West Texas rancher and
oilman Clayton Williams, Jr.—had a double-digit lead in the polls when
the general election began. He blew that lead with a series of
character-revealing gaffes. He told reporters that inclement weather was
like rape: “If it’s inevitable, just relax and enjoy it.” He had to
fight off persistent rumors that he had invited his ranch hands and
clients to join in “honey hunts,” which involved scattering prostitutes
on his property like Easter eggs. Then, at a forum in Dallas, he met
Richards, who stuck out her hand and said, “Hello, Claytie.” He declined
the gesture, violating the cowboy code that is deeply ingrained in
every Texan. In that instant, he lost the election.
Richards
wore designer suits but picked her teeth, and she cleaned her
fingernails with a Swiss Army knife. She always seemed a little
surprised to find herself in the seat of power, but she cherished the
comedy of the play she was cast in. Ivins once told me that, after the
A.C.L.U. filed suit against a manger scene in the capitol, she called
Governor Richards and asked, “Annie, is it really necessary to remove
the crèche?”
“I’m afraid so,” Richards replied.
“And it’s a shame, because it’s about the only time we ever had three
wise men in the capitol.”
Richards had the most
amazing drawl—devastatingly comic, but with a cut-the-crap edge to it.
She was a flirt, and she loved dirty jokes and risqué stories. Once, we
both took part in a fund-raiser at the Four Seasons in Austin, and the
writer Kinky Friedman—who is also the lead singer of Kinky Friedman and
the Texas Jewboys—seized the opportunity to tell a story about going to
the beach with a family friend, who wore a swimsuit that was so tight it
squeezed one of his balls into view. It’s not that funny when I tell
it, but Governor Richards laughed so hard that she could barely stay in
her chair.
Texas has a reputation for being
super-religious, but there has always been a tolerance for the sexual
misdemeanors of elected officials. Charlie Wilson, the U.S.
representative from the Second District, in East Texas, one of the most
conservative parts of the state, was a drunk, a drug user, and the most
energetic playboy on Capitol Hill, who enjoyed lounging in hot tubs with
showgirls and cocaine. He was elected to twelve terms.
Texans’
tolerance for sexual liberty didn’t extend to Richards, however. She
surrounded herself with a coterie of very powerful women, which led to
countless innuendos about her sexual orientation. She complained to a
lobbyist I know, “I could be fucking Charlie Wilson on Sam Houston’s
bed, and they’d still call me a lesbian.” After one term, Richards was
defeated by George W. Bush, marking the end of the Democratic Party as a
force of any consequence in the state.
Texans
are notorious for loving guns, but when I was young it was illegal for
residents to carry weapons outside their home or vehicle. In 1991,
George Hennard, a thirty-five-year-old unemployed man, drove his Ford
pickup through the plate-glass window of the Luby’s cafeteria in
Killeen, Texas, where some eighty people were having lunch. At first,
everyone thought that it was a freakish accident. Then Hennard shot a
customer. “Is it worth it, Texas?” he cried. “This is payback day.”
Suzanna
Hupp, a chiropractor, was having lunch with her parents. “My father and
I got down on the floor and put the table up in front of us,” she later
testified before Congress. She reached for her purse, where she kept
her revolver, then realized that she had left her gun in her car,
fearing that she might lose her chiropractor’s license if she were
caught carrying a concealed weapon.
Her father
confronted the shooter, but he was shot. Hupp told her mother that they
needed to make a break for it, then climbed out a rear window. When she
looked back, she realized that her mother had gone to comfort her dying
husband. Hennard put a bullet in her mother’s head. He shot fifty
people, killing twenty-three of them before killing himself. It’s the
fourth-deadliest mass shooting in U.S. history.
“I’m
not really mad at the guy who did this,” Hupp told lawmakers in
Washington. “That’s like being mad at a rabid dog.” She continued, “I’m
mad at my legislators for legislating me out of the right to protect
myself and my family.” In 1996, Hupp was elected to the Texas House of
Representatives, and she subsequently passed a law that allowed
concealed weapons to be carried.
Since then,
it’s also become legal to carry guns openly. I’ve yet to see anyone in
public strapping a sidearm, but the law is tremendously popular.
Especially among Texas politicians, there’s a locker-room lust for
weaponry that belies noble-sounding proclamations about self-protection
and Second Amendment rights. In 2010, Governor Perry boasted of killing
with a single shot a coyote that was menacing his daughter’s Labrador.
Perry was jogging at the time, but naturally he was packing heat: a .380
Ruger. The gun’s manufacturer promptly issued a Coyote Special edition
of the gun, which comes in a box labelled “FOR SALE TO TEXANS ONLY.”
An
eccentric feature of Texas’s new gun laws is that people entering the
state capitol can skip the long lines of tourists waiting to pass
through metal detectors if they show guards a license-to-carry permit.
In other words, the people most likely to bring weapons into the
building aren’t scanned at all. Many of the people who breeze through
are lawmakers and staffers who tote concealed weapons into offices or
onto the floor of the legislature. But some lobbyists and reporters have
also obtained gun licenses, just to skirt the lines. I recently got one
myself.
One winter day at the capitol, early
in the 2017 session, I was bypassing the metal detectors when Governor
Abbott rushed by in his wheelchair. At fifty-nine, he is an energetic
man; his aides were racing across the rotunda to keep up with him.
Abbott was a track star in high school—he is said to have never lost a
race—but in 1984 a tree fell on him while he was jogging through the
wealthy enclave of River Oaks, in Houston, leaving him paralyzed from
the waist down. He had just graduated from law school and had no health
insurance. Fortunately, he won a nine-million-dollar judgment against
the homeowner whose tree had fallen and the company that had inspected
the tree and failed to recommend its removal. Later, Abbott, as a member
of the Texas Supreme Court, and then as attorney general, supported
measures that capped pain-and-suffering damages in medical-malpractice
cases at two hundred and fifty thousand dollars.
Abbott’s
overarching issue is fending off the malevolent influence of
California, which is widely seen as Texas’s political antithesis: it is
more regulated and highly taxed, whereas Texas is relatively unfettered,
with one of the lowest tax burdens in the country. Every statewide
officeholder in California is a Democrat; in Texas, none are.
Nevertheless, in 2015, Abbott declared, “Texas is being California-ized,
and you may not even be noticing it.” He went on, “This is being done
at the city level, with bag bans, fracking bans, tree-cutting bans.
We’re forming a patchwork quilt of bans and rules and regulations that
is eroding the Texas model.” He warned that the “Texas miracle” could
become a “California nightmare.”
The obsession
with California puzzles me. I play the keyboards in a blues band, and
our drummer has a sticker on his kit saying “Stop Californication of
Texas Music.” The mayor of Austin, Steve Adler, is a Democrat, but he
recently warned that, if our city stays on its current path, “we’ll end
up like San Francisco,” with out-of-control housing costs. The
newspapers often feature gloating stories about the number of
Californians fleeing to Texas (eight per day to Austin alone), as an
indication of the vast superiority of the Texas way of life.
Although
Abbott has a lower national profile than his predecessors Rick Perry
and George W. Bush, he clearly has similar ambitions. In January, when
the legislative session began, he latched on to a proposal, already
adopted by ten other states, to call a constitutional convention aimed
at reining in the power of the federal government. Abbott rebranded it
as the Texas Plan. It would require the federal government to balance
its budget, as Texas does, and would prohibit federal agencies—such as
the E.P.A. and the Department of Labor—from issuing regulations that
override state laws. As Texas’s attorney general, from 2002 to 2015,
Abbott was on the losing end of many lawsuits that he filed on behalf of
the state against the U.S. government—he objected to the Affordable
Care Act, and to many federal environmental controls. Under the Texas
Plan, the U.S. Supreme Court would need a supermajority of seven
Justices to strike down a state law. Abbott designated the Texas Plan an
emergency item, and it quickly passed the legislature and was signed
into law, worrying mainstream Republican lawmakers in Washington, who
fear that, in the current political climate, such efforts could lead to a
runaway assault on federal authority.
Another
emergency item on the Governor’s list for the 2017 session was ethics
reform, but many legislators saw the move as hypocritical. Lyle Larson, a
centrist Republican state representative from San Antonio, told me,
“Some of the most egregious violations are in the governor’s office.
It’s well known that pay-for-play has been going on in that office for
years. For you to be on the Parks and Wildlife board, for instance, or
to be a regent at the university, you have to make significant
contributions”—to Abbott’s campaign fund. “That’s
not in the Governor’s bill.” (Abbott’s press secretary, John Wittman,
said, “Governor Abbott selects and appoints individuals he believes are
the most qualified and capable of bringing excellence to the
organizations in which they serve. Any suggestion to the contrary is
absurd.”) Little came of Abbott’s ethics-reform attempt.
For
all of Abbott’s initiatives, the legislature’s agenda is dominated by
Dan Patrick, an evangelical Christian and a former radio talk-show host
from Houston, who has been the lieutenant governor since 2014. In Texas,
the lieutenant governor is also the president of the Senate, and,
because the Senate currently has a Republican majority, Patrick has
total control over it. He appoints bills to specific committees, and no
legislation comes onto the floor without his say-so. He is
unquestionably the most important political figure in the state.
During
his radio days, Patrick developed a knack for self-promotion; he once
got a vasectomy on the air. (He now owns a radio station in Houston.)
Clever and relentless, Patrick brought with him to Austin the AM Texas
platform of anti-abortion absolutism and hostility to same-sex marriage
and undocumented immigrants. He was first elected to the Senate in 2006,
running as an outsider. “It was as if Rush Limbaugh were running,” Bill
Miller, the lobbyist, told me. Patrick crushed three well-known
candidates in the Republican primary, and won the general election with
nearly seventy per cent of the vote.
Since
Patrick became lieutenant governor, one of his signature accomplishments
has been the passage of the open-carry gun law; he also successfully
pushed to legalize the carrying of concealed weapons on public-college
campuses. During the 2016 Presidential race, he deftly pivoted from
supporting Ted Cruz to becoming Donald Trump’s campaign chair in Texas.
Evan Smith, the co-founder of the Texas Tribune, an online journal
dedicated to state politics, told me, “Dan Patrick is the most
conservative person ever elected to statewide office in the history of
Texas.” (Patrick himself declined to speak to The New Yorker.)
Patrick
has driven his chamber in a far more radical direction. Even Democratic
senators are loath to cross him. In this year’s session, Patrick worked
on lowering property taxes and addressing some obscure matters, such as
hailstorm-lawsuit reform. But the heart of his agenda was legislation
that spoke to the religious right, such as a bill that would provide
vouchers for homeschooling and private-school tuition, and a “sermon
safeguard” bill, which would prevent state and local officials from
issuing subpoenas to members of the clergy or compelling them to
testify. He also worked to toughen the state’s voter-I.D. law. Patrick’s
legislative agenda, if passed in its entirety, would bend Texas farther
in the direction of the affluent and, above all, would fortify the
political strength of white evangelicals who feel threatened by the
increasing number of minorities and by changing social mores.
Patrick’s
extremism is often countered by Joe Straus, the speaker of the House, a
centrist, business-oriented conservative from San Antonio. Whereas the
lieutenant governor is elected by the voters of the state, the speaker
is chosen by the members. That makes a crucial difference in the way
that Patrick and Straus govern. “Dan Patrick rules by fear,”
Representative Gene Wu, a Houston Democrat, told me. “Joe Straus rules
by consensus.”
The 2017 session in Austin
proved to be a bruising example of raw politics waged by two talented
people, Straus and Patrick, who fervently believe in their causes. The
story in Texas both reflects and influences the national scene. At a
time when Democratic voices have been sidelined—“We’re lost in the
wilderness,” Wu told me—the key struggle is within the increasingly
conservative Republican Party, between those who primarily align with
business interests and those who are preoccupied with abortion, gay
marriage, immigration, religion, and gun rights.'
Politicians
seldom pay a price for the damage that their legislation may do in the
name of popular causes, such as declaring war or slashing taxes at the
expense of vital social programs. In 2011, Governor Perry vetoed a bill
that would have banned texting while driving, saying that it was “a
government effort to micromanage the behavior of adults.” Texas is
always above the national average in the number of highway fatalities.
According to the Texas Department of Transportation, more than four
hundred Texans are killed every year in crashes related to distracted
driving, often because they are texting.
To my
surprise, the sponsor of the bill that Perry vetoed was Tom Craddick,
the ultraconservative former speaker. This year, he put the measure
forward again, for the fourth time. He compares it to Texas’s seat-belt
law, which, he notes, “is very unpopular” in his district. “But they say that ninety-five per cent of the people obey the law.”
On
March 29, 2017, in the middle of the legislative session, a welder
named Jody Kuchler called the sheriff’s offices in Uvalde County and
Real County to say that a white truck was driving recklessly down a
two-lane highway, swerving all over the road. Kuchler, who was following
the truck, told the cops, “He’s going to hit somebody head on or he’s
going to kill his own damn self.” He then watched helplessly as the
truck rammed into a bus carrying members of the First Baptist Church of
New Braunfels. Thirteen people were killed. The driver of the truck was
twenty-year-old Jack Dillon Young, who was largely unhurt. “He said,
‘I’m sorry, I’m sorry. I was texting,’ ” Kuchler told reporters. “I
said, ‘Son, do you know what you just did?’ ” (Young also had Ambien and
other medications in his system.) The accident was one of many that
might have been prevented had Governor Perry signed the 2011 texting
bill into law.
That year, the Republican state
legislature turned its attention instead to defunding women’s-health
programs. “This is a war on birth control and abortions,” Representative
Wayne Christian, a Tea Party stalwart from East Texas, admitted.
“That’s what family planning is supposed to be about.”
The
long-term goal of cultural conservatives is to cut off access to
abortion in Texas, to end state subsidies for birth control, and to gut
state funding for Planned Parenthood—which, in 2011, served sixty per
cent of the health needs of low-income women in the state. The
legislators slashed the family-planning budget from $111.5 million to
$37.9 million. Eighty-two family-planning clinics subsequently shut
down.
Texas has the highest rate of uninsured
people in the nation, and, according to the Center for Public Policy
Priorities, about seventeen per cent of Texan women and girls live in
poverty. After the family-planning budget was cut, there was a
disproportionate rise in births covered by Medicaid, because so many
women no longer had access to birth control. By defunding Planned
Parenthood, the legislature also blocked many women from getting scans
for breast cancer and ovarian cancer.
In May,
2011, Governor Perry, who was gearing up for his first Presidential
race, signed a bill requiring all women seeking an abortion to have a
sonogram at least twenty-four hours before the procedure. Carol
Alvarado, a Democratic state representative from Houston, pointed out on
the House floor that, for a woman who is eight to ten weeks pregnant,
such a law would necessitate a “transvaginal sonogram.” She then
displayed the required instrument to the discomfited lawmakers: a white
plastic wand resembling an elongated pistol, which would be inserted
into the woman’s vagina. “Government intrusion at its best,” she
observed.
Nonetheless, the bill passed in the
House, 107–42. When the Senate approved the bill, Dan Patrick, then a
state senator, declared, “This is a great day for Texas. This is a great
day for women’s health.”
Between 2010 and
2014, the proportion of women who died in childbirth in Texas doubled,
from 18.6 per hundred thousand live births to 35.8—the worst in the
nation and higher than the rate in many developing countries. These
figures represent six hundred dead women.
Researchers
say that it’s not entirely understood what accounts for the rise in
maternal mortality in Texas, because the rate was already rising before
the 2011 laws went into effect. Obesity, heart disease, drug overdoses,
and a lack of health insurance—all serious problems in the state—play a
role. Nevertheless, a report in the September, 2016, issue of Obstetrics & Gynecology noted,
“In the absence of war, natural disaster, or severe economic upheaval,
the doubling of a mortality rate within a two year period in a state
with almost 400,000 annual births seems unlikely.”
The
mystery might be cleared up if Governor Abbott released records about
how these women died. In 2011, when he was attorney general, he issued
an opinion stating that information about the deceased would be
withheld, supposedly to prevent fraud.
Dan
Patrick, Rick Perry, and other Texas lawmakers who have called their
bills a victory for women’s health have shown no compassion for the
women who have suffered, and perhaps died, because of them. Their
legislation has been equally heartless toward children. A fifth of the
uninsured children in the U.S. are in Texas. In 2004, the Texas
Education Agency lowered the percentage of children who can be enrolled
in special-education classes from thirteen per cent (about the national
average) to eight and a half per cent (the lowest in the country).
According to the Houston Chronicle, tens of thousands of children have been denied the education they need because of this arbitrary limit.
In
2015, a federal judge, Janis Graham Jack, ruled that, in Texas, foster
children “almost uniformly leave State custody more damaged than when
they entered.” The state, she said, was violating the children’s
constitutional rights by exposing them to an unreasonable risk of harm.
Judge Jack declared that state oversight agencies had adopted an
attitude of “deliberate indifference” toward the plight of the children
in their care, even in the face of repeated abuse and, sometimes,
homicide. “Rape, abuse, psychotropic medication, and instability are the
norm,” she added.
Governor Abbott promised to
overhaul the child-welfare system, but things have only worsened. In the
2016 fiscal year, at least two hundred children in Texas died of
maltreatment, compared with a hundred and seventy-three the previous
year, and those figures don’t include more than a hundred other deaths
that are still being investigated. Child Protective Services, the state
unit charged with investigating cases of abuse, is in chaos.
Nevertheless, Ken Paxton, the Texas attorney general, appealed Judge
Jack’s decision to appoint a special master to oversee the state’s
foster-care system, claiming that it would amount to a “federal
takeover.”
Nearly a year after the judge’s
ruling, Child Protective Services acknowledged that caseworkers had not
even visited more than forty-seven hundred children at high risk of
abuse or severe neglect.
Hundreds of children have been sleeping in hotels or emergency shelters, or on air mattresses in government offices, because the state has nowhere else to put them. Hundreds of caseworkers have quit, complaining that they were overworked, demoralized, poorly paid, and often placed in dangerous situations. Union leaders have said that higher pay would help attract more applicants to the job, which offers a starting salary of thirty-seven thousand dollars, but state officials countered with a plan to lower the educational requirements for caseworkers. During the 2017 legislative session, while bills addressing the child-welfare crisis were being considered, a teen-age girl who was being housed in a state office building fled in the middle of the night. She was hit by a van and killed.
Hundreds of children have been sleeping in hotels or emergency shelters, or on air mattresses in government offices, because the state has nowhere else to put them. Hundreds of caseworkers have quit, complaining that they were overworked, demoralized, poorly paid, and often placed in dangerous situations. Union leaders have said that higher pay would help attract more applicants to the job, which offers a starting salary of thirty-seven thousand dollars, but state officials countered with a plan to lower the educational requirements for caseworkers. During the 2017 legislative session, while bills addressing the child-welfare crisis were being considered, a teen-age girl who was being housed in a state office building fled in the middle of the night. She was hit by a van and killed.
Fed up with the callous treatment of women and children, Jessica Farrar, a liberal state representative from Houston, filed House Bill 4260, the Man’s Right to Know Act. It satirically employed the kind of patronizing, “we’re doing this for your own good” language that characterizes the many bills directed at abortion and women’s health—for instance, requiring a sonogram and a rectal exam before prescribing Viagra. Then, there was this:
Sec. 173.010. FINES RELATED TO MASTURBATORY EMISSIONS. Masturbatory emissions created in health or medical facilities will be stored for the purposes of conception for a current or future wife.(a) Emissions outside of a woman’s vagina, or created outside of a health or medical facility, will be charged a $100 civil penalty for each emission, and will be considered an act against an unborn child, and failing to preserve the sanctity of life.
The bill never made it to the House floor.
Lobbyists
got their name because they stand in the lobby. When I returned to the
capitol on February 7th, about fifty of them, almost all dark-suited
men, stood outside the Senate chamber, forming a mosh pit for any
legislator who might appear. Although they seem like supplicants,
lobbyists actually write much of the legislation and corral the votes.
Bill
Miller has been working in the lobby for three decades. When he first
arrived, he noticed that all the political leaders had animal heads
mounted on their walls. Miller had a papier-mâché sea-lion head made up
for his office. “Wow, you killed a sea lion?” an impressed legislator
asked. “Yeah,” Miller said. “With a surfboard.”
Inside
the chamber, a crucial debate was under way about Senate Bill 4, known
as the sanctuary-cities bill. One of Governor Abbott’s priorities, it
essentially required Texas officials to join the Trump Administration’s
crackdown on undocumented immigrants. There are about a million such
immigrants in Dallas and Houston alone.
A few
days earlier, four hundred and fifty people had lined up to testify
before the State Affairs Committee in protest of S.B. 4, which they saw
as a discriminatory measure. The line snaked around the rotunda floor
and up to the second level. The hearing lasted more than sixteen hours,
and broke up well after midnight. The police chiefs of Austin and San
Antonio testified that S.B. 4 would harm their ability to work with
immigrant communities. A young woman spoke about attempting suicide
after her father was deported. In the end, the bill passed out of
committee, 7–2, on partisan lines.
In 2016,
Sally Hernandez, a political novice of Anglo descent, was elected
sheriff of Travis County, having promoted Austin as a “sanctuary city.”
Federal immigration authorities often ask local law-enforcement
officials to put a “detainer” on people in their custody—that is, to
hold off on releasing them until their citizenship status can be
verified—but Hernandez declared that she would honor such requests only
in cases in which individuals were charged with a violent crime.
Otherwise, people who posted bond would be released.
It
was as if Hernandez had opened the door to a ravenous mob of
flesh-eating zombies. Perhaps she didn’t fully appreciate how
suspiciously Travis County is viewed by the Republican
establishment—which, increasingly, is the Tea Party establishment.
Governor Abbott abruptly cut off $1.5 million in state grants to the
county. He went on Bill O’Reilly’s show and said of S.B. 4, “Today, we
introduced legislation that will put the hammer down on Travis County as
well as any sanctuary-city policy in the state of Texas.”
O’Reilly said of Sheriff Hernandez, “I don’t understand her motivation.”
“She is doing it to pander to the ideology of the left, just like what you see in California,” Abbott responded.
S.B.
4 was loaded up with punitive amendments, all of which were endorsed by
the entirely white Republican majority. (Of the thirty-one members of
the Texas Senate, only eleven are Democrats; seven are Latino.) Under
one amendment, Sheriff Hernandez—whom Abbott began calling Sanctuary
Sally—could be jailed for up to a year if she refused to grant a
detainer.
On the Senate floor, Brian Birdwell, a
Republican from Granbury, southwest of Fort Worth, rose to speak in
favor of the bill. Birdwell is a retired Army colonel who was badly
burned in the 9/11 attack on the Pentagon. He has undergone thirty-nine
operations and numerous skin grafts. He said that he was worried about
“a culture of insubordination” emerging in Texas, adding that the next
step would be outright insurrection. “What you tolerate today you’ll
endorse tomorrow, and subsidize the day after.”
Juan
(Chuy) Hinojosa, a Democratic senator from the fertile South Texas
region known as the Valley, spoke against the bill. “I agree one hundred
per cent that we as a nation have the right to define our borders,” he
said. But the bill, he warned, could become an excuse for the wholesale
expulsion of undocumented immigrants who had committed no crimes. “I was
deported when I was five,” he said. He and his father were American
citizens, but his mother was undocumented. She was picking tomatoes in
Hidalgo County, which abuts Mexico, when the Border Patrol arrived.
“They put us in a paddy wagon, and we didn’t even have time to notify my
father,” he later told me. “We lived in Mexico for a year while my
father was looking for us.”
Hinojosa tried to
find a middle ground during the debate. “Our biggest problem, when we
talk about border security, it is politicized right away,” he said. He
called Sheriff Hernandez naïve and inexperienced. “She talked about
honoring detainers only in cases of violent crime, but suppose you’ve
got somebody who smuggled in a hundred kilos of cocaine? If you got
caught committing a burglary—hell, yeah, you ought to be detained.”
Hernandez defended herself in an op-ed:
“Tasking our community police forces with the job of federal
immigration agents creates a strain, which is why the detainer policy on
nonviolent criminals is optional.”
Meanwhile, Immigration and Customs Enforcement (ICE)
began a national dragnet that ostensibly targeted undocumented
criminals and violent offenders. Undocumented bystanders were also
picked up. Fifty-one people were seized in Austin, fewer than half of
whom were criminals—a lower proportion than in any other city in the
country—leading residents to believe that the city had been singled out.
In an open letter, Mayor Adler said, “These raids are sowing distrust, not just with ICE but even with local law enforcement, and that makes our community less safe.”
Many
Mexican-Americans in Texas support stricter enforcement of immigration
laws. “As long as there is no profiling of Hispanics, we understand the
process,” Hinojosa told me. “Since 9/11, the whole culture has changed.”
Under current practice, however, undocumented migrants crossing from
Mexico often simply surrender to the Border Patrol; they are then given a
court date, a year or two in the future. Hinojosa said that it makes no
sense to allow undocumented people into the country, let them go
wherever they want, and then conduct raids to root them out. “It’s a
real broken system,” he said.
In
session after session, the Texas legislature has sought to impose
strict rules on voter identification, with the putative goal of
preventing election fraud. A 2011 law required voters to present a U.S.
passport, a military identification card, a state driver’s license, a
concealed-weapon permit, or a Texas election identification certificate.
The same law excluded federal and state government I.D.s, as well as
student I.D.s, from being used at polling stations. In 2014, a federal
judge, Nelva Gonzales Ramos, in the Southern District of Texas, struck
down the law, calling it “an unconstitutional poll tax.” Texas appealed,
but the appeal was rejected, in part because there was no actual
evidence of voter fraud. (The Supreme Court refused to hear the case.)
The appeals court sent the case back to Judge Ramos, asking her to
determine if the law was intentionally discriminatory. If Ramos said
yes, it could trigger federal monitoring of the state’s election laws
under the Voting Rights Act.
The question of
voter fraud became a national issue after the 2016 Presidential
election. Gregg Phillips, a former official of the Texas Health and
Human Services Commission, gave Trump the false idea that he would have
won the popular vote if illegal votes were discounted. Phillips, the
founder of a group called VoteStand, tweeted that three million
unqualified voters had cast ballots in the election. He refused to
provide proof, though he told CNN that he had developed “algorithms”
that could determine citizenship status. Trump soon demanded a
widespread investigation into voter fraud.
In
February, 2017, while Judge Ramos was still considering the Texas
voter-I.D. law, a resident of a Fort Worth suburb was found to have
voted illegally: Rosa Maria Ortega, a thirty-seven-year-old mother of
four with a seventh-grade education. She had lived in the U.S. since she
was an infant, and was a legal resident, entitled to serve in the
military and required to pay taxes. She assumed that she could also
vote, and had done so previously, in 2012 and 2014. The local prosecutor
decided to make an example of her, and she was sentenced to eight years
in prison. When she gets out, she may be deported to Mexico. I suppose
it’s an irony that she is a Republican, and voted for Ken Paxton, the
Texas attorney general, who has made voter fraud a signature issue.
In
April, Judge Ramos issued her opinion: the Texas voter-I.D. law was
intentionally designed to discriminate against minorities. Almost
simultaneously, a panel of federal judges in San Antonio ruled that
three of the state’s thirty-six U.S. congressional districts were
illegally drawn in order to disempower minorities.
Evan
Smith, of the Texas Tribune, has closely followed thirteen legislative
sessions. He noted that, even as Dan Patrick and his Republican allies
slashed government services, they allocated eight hundred million
dollars for border security. “White people are scared of change,
believing that what they have is being taken away from them by people
they consider unworthy,” he told me. “But all they’re doing is poking a
bear with a stick. In 2004, the Anglo population in Texas became a
minority. The last majority-Anglo high-school class in Texas graduated
in 2014. There will never be another. The reality is, it’s all over for
the Anglos.”
Texas leads the nation in Latino
population growth. Latinos account for more than half the 2.7 million
new Texans since 2010. Every Democrat in Texas believes that, if Latinos
voted at the same rate in Texas as they do in California, the state
would already be blue. “The difference between Texas and California is
the labor movement,” Garnet Coleman, a Houston member of the Texas
House, told me. In the nineteen-sixties, Cesar Chavez began organizing
the California farmworkers into a union; that kind of movement didn’t
happen in Texas, a right-to-work state. “Labor unions create a culture
of voting and political participation,” Coleman observed. In Texas
politics, he says, “everything is about race—it’s veiled as public
policy, but it encourages people to believe that their tax dollars are
going to support lazy black and brown people.” Political views have
become more entrenched because of redistricting, and yet the demographic
majority in Texas is far more progressive than its representatives.
Coleman predicts a showdown: “This is a battle about the future of the
country, based on a new majority, and we have to have this out.”
The
most contentious item on Dan Patrick’s list of priorities for the 2017
session was the “bathroom bill,” S.B. 6, which would bar transgender
people in public schools and government buildings from using rest-room
or locker-room facilities that did not correspond to the sex listed on
their birth certificates. It would also overturn any local
antidiscrimination ordinances that permit transgender citizens to choose
which bathroom to use.
In 2016, a similar bill
was signed into law in North Carolina. In response, musicians such as
Bruce Springsteen and Pearl Jam cancelled concerts in the state, and
sporting associations, including the N.B.A. and the N.C.A.A., dropped
plans to hold events there. Governor Pat McCrory, who supported the law,
lost his bid for reëlection, in part because of the national outcry.
Dan Patrick contends that his bill will have no economic effect on the
state of Texas, and that the only people opposed to it are journalists
and “the secular left.” At a prayer rally on the capitol steps, in
February, he declared, “They don’t want prayer in public schools,
they’re not pro-life, they see nothing wrong with boys and girls
showering together in the tenth grade, or a man being in a women’s
bathroom.” Attorney General Paxton, who was also present, added, “This
is a spiritual war.”
The bathroom bill was
drafted after the superintendent of schools in Fort Worth announced, in
April, 2016, that transgender students could henceforth use the rest
room or the locker room that corresponded to their gender identity. This
was in accordance with federal guidelines. The superintendent
additionally instructed teachers and administrators to refer to students
as “scholars,” rather than as “boys and girls.” At the rally, Patrick
called for his resignation, suggesting that this sort of policy would
represent “the end of public education” and ignite a mass revolt by
parents. “I believe it is the biggest issue facing families and schools
in America since prayer was taken out of public school,” he concluded.
The
business community in Texas fiercely opposed S.B. 6, and produced a
report suggesting that its passage could cost the state up to eight and a
half billion dollars. (PolitiFact determined that this figure was
hyperbolic.) A month after the Texas legislature began the 2017 session,
the Super Bowl was held in Houston, and the National Football League
intimated that, were S.B. 6 to pass, the championship might not be held
in Texas again. Governor Abbott, who had been keeping his head down as
the legislature debated the issue, told the N.F.L. to mind its own
business.
Bathrooms have been an issue in Texas
before. At my first Willie Nelson concert, in Austin, in the
nineteen-eighties, I was in the men’s room when a dozen women barged in
and laid siege to the stalls. It was actually a rather jolly moment.
There were similar episodes at other Texas events, and, in 1993,
Governor Ann Richards signed a “potty parity” bill, which mandated that,
in new sports and entertainment facilities, there be two toilets in
women’s rest rooms for every one in the men’s.
The
debate over S.B. 6 was a much grimmer matter. Although a dozen other
states have similar bills pending, Patrick’s legislation embodied the
meanness and the intolerance that many Americans associate with Texas.
In Austin, the bill was being sold as a way to protect women against
sexual predators who might pose as transgender—a problem that scarcely
exists. Laws already on the books protect women from being accosted or
spied on. The sponsors of the bill claimed that S.B. 6 was not meant to
discriminate against transgender Texans, although the law would do just
that. The only remedy for trans people would be to change their birth
certificates, a costly and time-consuming process. The bill proposed
fining schools and state agencies up to ten thousand five hundred
dollars per day for violations. Even in the Texas Senate, there were
doubts about the need for such a bill. “How are they going to enforce
it?” Chuy Hinojosa asked me. “Would a woman have to raise her dress?”
As S.B. 6 made its way through the legislature, I noticed a new sign outside a bathroom in the Austin airport. It said “ALL GENDERS.”
On
March 2nd, I returned to the capitol to have lunch with the speaker of
the House, Joe Straus. It was the hundred-and-eighty-first anniversary
of the day that Texas became independent of Mexico, and the beginning of
the “high holy days” among Texas historians. The climax comes on March
6th, the anniversary of the fall of the Alamo, where, in 1836, some two
hundred and fifty “Texians” gathered to block the advance of the Mexican
forces.
The capitol rotunda was filled with
schoolchildren wearing frontier bonnets and Davy Crockett coonskin hats,
getting ready to perform Marty Robbins’s song “Ballad of the Alamo.”
Kids from the Texas School for the Deaf would sign as the other children
sang. Four retirees representing Buffalo Soldiers—the black cavalrymen
who made their mark in the Indian Wars—had come to present the state
colors. A tall man wearing a top hat paced about, preparing to recite
the letter that William Barret Travis, the lawyer who led the Texian
forces at the Alamo, wrote during the battle. (“I shall never surrender or retreat,” he declared, in one of the most famous passages in Texas history. “Victory or death.”)
On
the House floor, resolutions were offered to honor the “sacrifice of
the heroes of the Alamo” and to commend notable citizens. A member
proposed that the breakfast taco become the official state breakfast
item.
I met Straus in his office. He switched
on a closed-circuit TV to watch a press conference by a new group of a
dozen cultural conservatives, the Texas Freedom Caucus, which is led by
Matt Schaefer, a state representative from Tyler, in East Texas. The
group, which models itself on the similarly named body of far-right
House Republicans in Washington, had formed, in part, because the term
“Tea Party” had lost its meaning—in Texas, at least—as nearly every
Republican in the legislature claimed to be unimpeachably conservative.
What distinguished this group was that the members were all vociferously
anti-Straus. The declared mission of the group is to “amplify the voice
of liberty-minded grassroots Texans who want bold action to protect
life, strengthen families, defend the Bill of Rights, restrain
government, and revitalize personal and economic freedoms in Texas.”
As he watched the conference, Straus shot me a weary look.
We
moved to the dining room, which had Audubon bird prints on the wall.
“The thing that concerns me is the near-total loss of influence of the
business community, which allows really bad ideas like the bathroom bill
to fill the void,” Straus said, as we sat down to plates of delicious
crab cakes.
“C.E.O.s have stopped coming to the capitol to engage directly,” he continued. “They now work only through lobbyists.”
“C.E.O.s have stopped coming to the capitol to engage directly,” he continued. “They now work only through lobbyists.”
Straus
comes from a longtime Republican family in San Antonio. One of his
ancestors founded the L. Frank Saddlery Company, which made saddles,
harnesses, and whips. Teddy Roosevelt and the Rough Riders stopped in
San Antonio in 1898 to equip themselves with L. Frank gear on their way
to fight in the Spanish-American War. The company’s slogan was “The
horse—next to woman, God’s greatest gift to man.”
When
Joe Straus is not in Austin, he is an executive in the insurance and
investment business. He entered that industry after a spell in
Washington, where his wife, Julie Brink, worked in the Reagan White
House and on George H. W. Bush’s 1988 Presidential campaign. During that
period, Straus served in the Commerce Department.
He
is trim and dapper, like an account executive on “Mad Men,” and is the
most prominent Jewish politician in Texas history. In campaigns, his
opponents have mentioned his religion, to little effect. This is his
fifth term as speaker, which ties the record. It’s a surprise to many
observers that the laconic and even-tempered Straus has persevered. Evan
Smith told me, “All the things they said about him—‘He’d show up at a
gunfight with a butter knife,’ ‘He can’t make a fist’—they were all
wrong. Joe Straus is so much tougher than he appears.”
His
speakership has focussed on providing the workforce and the
infrastructure that Texas businesses need, by protecting public
education, building roads, establishing more top-tier universities, and
expanding job training. Perhaps his biggest victory was in 2013: in the
middle of a devastating drought, he ushered through a two-billion-dollar
revolving loan fund for state water projects.
With
each session, Straus has watched the Republican Party drift farther
away from the “compassionate conservatism” of the Governor Bush era and
become increasingly dominated by Christian ideologues, such as Patrick,
for whom economic issues are secondary. Although Democrats and non-Tea
Party Republicans alike see Straus as a brake on the controversial
cultural agenda being pushed by Abbott and Patrick, he worries that his
supporters have unreasonable expectations. “I can only do so much to
keep the focus on fiscal issues and away from the divisive stuff,” he
told me. “A few loud and fanatical people occasionally unsettle the
majority of Republicans, who are really mainstream.”
Unlike
Patrick, who decides which bills come to the floor in the Senate,
Straus has to exercise influence by artfully appointing committee
members, who can dull the fangs of fearsome bills (or let them languish
until there’s no time to consider them). Sometimes he thinks that his
moderation, along with the relative centrism of the Texas House, is
being used as a foil for the Senate radicals. “The confidence that
people seem to have in the House to serve as a stopper only enables the
Senate to run hotter than it ever has before,” he said.
Straus
believed that most Republicans in the House didn’t want to vote for the
bathroom bill, but, like their conservative colleagues in Washington,
they worried about being challenged from the right in primaries. “If it
gets to the floor, it could be a close vote,” Straus observed. “I can’t
imagine anyone really wanting to follow North Carolina’s example, but I
can’t guarantee that’s not going to happen.” Meanwhile, he was pressing
his own legislative agenda, which included securing additional funds for
public schools, improving Child Protective Services, and devoting more
resources to mental health—even though the state budget had been hit
because of the fall in oil and gas revenues.
Before
the session began, Straus spoke out against the bathroom bill. “I’ve
become more blunt than ever,” he told me. He frequently urges business
leaders to remain firm in their opposition to such legislation. “I try
to be diplomatic but clear—that if you give in on the bathroom bill to
preserve a tax break, there’s another equally awful idea right behind
it.”
As
the bathroom bill was moving through the Texas legislature, Mack Beggs,
a seventeen-year-old transgender high-school student from Euless,
Texas, won the girls’ state wrestling championship, in the
hundred-and-ten-pound weight class. He had been taking testosterone
supplements as he transitioned to male, and he had won fifty-six matches
in a row. Although he wants to wrestle boys—“because I’m a guy,” he
told ESPN—the University Interscholastic League, which oversees the
athletic programs in Texas public schools, recently adopted a rule that
requires wrestling opponents to have the same sex listed on their birth
certificates.
In February, the Trump
Administration withdrew the protections that President Obama had
instituted for transgender students in public schools. On March 6th, the
U.S. Supreme Court refused to hear the case of a transgender student
from Virginia, Gavin Grimm, who had sued to be allowed to use the boys’
bathroom at school. That left the issue up to individual states, at
least for now.
Dan Patrick said that the Texas
bill would be a model for the rest of the nation. On March 7th, the bill
had its first public hearing before the State Affairs Committee.
Transgender Texans, along with their families, came to the capitol to
speak, as did preachers, business leaders, and moral crusaders of all
types. More than four hundred people signed up to testify at the
hearing. The bill’s author, Senator Lois Kolkhorst, a Republican from
Brenham, said that it was designed to “find the balance of privacy,
decency, respect, and dignity, to protect women, children, and all
people.”
Dana Hodges, the state director of a
right-wing Christian organization called Concerned Women for America,
was the first to testify in favor of the bill. She cast the issue as a
matter of women’s safety. “I myself was the victim of being videotaped
by a hidden camera placed in a women’s bathroom stall by a man,” she
said, her voice trembling. She held up a plastic coat hook that, she
said, was embedded with the kind of miniature camera that had been used
to spy on her. Under questioning, she acknowledged that a
non-transgender man had hidden the camera inside her stall, and that he
had been punished under existing laws. Kolkhorst also conceded that she
knew of no crimes committed in Texas bathrooms which had been attributed
to transgender people. But her intent, she said, was to prevent
nefarious people from taking advantage of inclusive bathroom policies.
(Crimes against transgender people, meanwhile, are routine; according to
Texas Monthly, a quarter of all transgender Texans have been physically assaulted.)
Dan
Forest, the lieutenant governor of North Carolina and a strong advocate
of that state’s bathroom bill, came to Austin to testify that no
businesses had actually left his state because of the bill, and that its
economy had been hurt by “less than one tenth of one per cent of North
Carolina’s annual G.D.P.” (The Associated Press, after examining public
records and interviewing business leaders who said that they had
cancelled projects because of the bill, estimated
that North Carolina would lose nearly four billion dollars over a dozen
years.) On March 30th, the North Carolina legislators, assailed on many
fronts, partially repealed their bill.
In
Austin, the vast majority of witnesses spoke against the bathroom bill.
One of them was Colt Keo-Meier, a transgender psychologist, who is
currently enrolled in medical school at the University of Texas at
Galveston. He wore a white lab coat, and a stethoscope around his neck.
He said, “If you pass this bill, my gender identity will be further
invalidated, as I will not be able to continue attending medical school
in the state of Texas. I would not be able to enter the men’s rooms
legally.” Keo-Meier, who has a full beard, added, “Look at me—I would
not be able to enter the women’s rest rooms safely.” Concerns about
voyeurism, he argued, were misplaced: “I used the women’s rest room for
twenty-three years, and I used the men’s rest room for ten years. I have
not once seen any genitalia.”
A woman in a
short-sleeved black dress identified herself as Jess Herbst, the mayor
of New Hope, a tiny town north of Dallas, in a firmly Republican section
of the state. A few weeks earlier, Mayor Herbst had written to her
constituents to tell them that she was taking hormone-replacement
therapy and transitioning to female. She had received overwhelming
support, she told the committee. “I just want to be able to use the
women’s room and not have someone ask me at the door for my papers,” she
said.
The testimony continued until nearly five in the morning. The committee voted to support the bill, 8–1.
On
the evening of April 6th, I went to the capitol to watch the
legislature struggle to fulfill its mandatory duty to pass a budget.
House members had been at it all day, and, yet again, the discussion
would go on until the early morning. The air-conditioning was merciless;
one of the members showed me the long johns poking out from under his
shirt cuffs. I saw 5-Hour Energy shots arrayed on some desks.
Desperation
suffuses the chamber on Budget Night—the last stand for bills that have
not been funded. The trick is that, in order to get the money for your
legislation, you have to take it from somewhere else. The members were
on guard, lest their own bills be raided. More than four hundred
amendments to the budget were awaiting their turn. One baffling
amendment—offered by Valoree Swanson, a freshman Freedom Caucus member
from a suburb of Houston—would prevent state funds from being used to
renovate bathrooms in order to “allow or enable a man to enter a women’s
restroom facility.”
There are some
extraordinary people in the House. Senfronia Thompson is a
seventy-eight-year-old former teacher from Houston. Known as Ms. T., she
is in her twentieth term, and is one of the few Democrats with real
power: she chairs the Local and Consent Calendars Committee, one of the
gateways many bills must pass through in order to reach the floor.
Unlike a lot of other state legislatures, the Texas legislature still
follows a tradition of awarding important posts to members of the
minority party. This is true even in Dan Patrick’s Senate.
Thompson
once told me that, when she was a girl, African-Americans were not
welcome in the capitol. Now she is the longest-serving woman and black
person in Texas legislative history. Among her many accomplishments is a
hate-crimes act, passed in 2001, that includes protections for
homosexuals. She has also fought against racial profiling and passed
measures to help low-income Texans pay their utility bills.
Armando
Martinez, a forty-one-year-old Democratic member from the Valley, is a
firefighter and a paramedic. He showed up on the first day of the
session with a bandage on his head; on New Year’s Eve, he’d been hit by a
stray celebratory bullet. Martinez filed a bill to prohibit the
“reckless discharge of a firearm.”
Dr. John
Zerwas, a Republican anesthesiologist from Richmond, Texas, is the chair
of the Appropriations Committee. A business conservative in the Straus
mold, he is deeply respected in the legislature, and Straus selected him
to craft the House version of the budget. The main difference between
the House’s budget and the Senate’s was that Zerwas proposed dipping
into the Rainy Day Fund. The fund, which is amassed largely from oil and
gas taxes, is designated for emergencies. It is projected to grow to
twelve billion dollars by 2019, which is more than the annual budget of a
dozen other states. Patrick maintains that the fund should not be used
for “ongoing expenses,” but Zerwas wanted to take two and a half billion
dollars out of the pot, in part to finance health care and public
schools—Joe Straus priorities.
An incident in
the afternoon had suggested how the budget fight would play out. A
freshman member, Briscoe Cain, presented an amendment to shut down an
advisory panel on palliative care. Normally, freshmen keep quiet, but
Cain is an assertive member of the insurgent Freedom Caucus. Thirty-two
years old, he is proudly bratty, like Matthew Broderick in “Ferris
Bueller’s Day Off.” “This amendment seeks to get rid of what I’ve kind
of nicknamed the ‘advisory death panel,’ ” Cain said, using a term for end-of-life counselling that is popular among the far right.
Soon afterward, Zerwas came to the microphone and stood there, giving Cain what Jonathan Tilove, in his blog for the Austin American-Statesman, jokingly called the morem pellis hispidus distentione nervorum: the hairy eyeball.
It’s
fascinating to watch the choreography of the members when deep
political chords are struck. The Freedom Caucus members gathered with
Cain at a microphone in the front of the chamber; the traditional
Republicans, along with some Democrats, stood beside Zerwas at a
microphone in the rear. It was the Texas version of the Montagues versus
the Capulets.
“Would you please describe for me what a death panel is?” the mighty chairman of appropriations demanded.
“A
death panel is whereby a group of individuals unrelated to the person
in the hospital decide whether or not that person should live or die,”
Cain replied.
“Have you ever understood, really, what palliative care is?” Zerwas asked.
“Mr. Zerwas, being in your profession, I am sure you could inform this body better than I could,” Cain replied.
The
old warhorses in the House knew, if Cain did not, that Zerwas had lost
his first wife to brain cancer. He wore a ring on his right hand in her
memory. Zerwas said, “You could probably ask fifty, sixty, seventy, a hundred members in this House who have had somebody with a serious illness who has dealt with this particular issue.”
Zerwas
forced Cain, several times, to admit having made false or uninformed
statements. “You know about this, and I don’t,” Cain finally said. “My
apologies.” The amendment was withdrawn.
Cain
later saved face when he offered an amendment that would block the Texas
Department of Criminal Justice from paying for a “sex reassignment or
gender transitioning” operation—something that has never actually
happened. Cain’s battle cry: “Don’t California my Texas!”
I
caught the eye of Pat Fallon, a Republican member from Frisco, in the
Dallas-Fort Worth area. He lives in a wealthy, intensely conservative
bedroom community that was all cow pasture when I was growing up nearby.
Many young legislators, like Fallon, are not originally from Texas. I
asked him how he came to live in the state. He said that, after playing
football for Notre Dame, he joined the Air Force, and was stationed in
Texas. “They asked me my state of residence, and I said,
‘Massachusetts.’ The payroll officer informed me that Massachusetts has a
5.6-per-cent income tax, but there’s no income tax in Texas. So I said,
‘I’m a Texan!’ ”
This term was his third. So
far, he’s best known for co-authoring a bill, in 2013, that reasserted
the right of students and employees at public schools to say “Merry
Christmas” rather than “Happy Holidays.”
“Have you got an amendment?” I asked Fallon.
“Yeah,
it’s No. 152, in which we defund the portion of the Travis County
Public Integrity Unit’s investigation of insurance fraud and
motor-vehicle tax fraud.” The unit has been under attack for years,
because it also addresses crimes committed by state officials. Of
course, anything attacking Austin—a spore of the California fungus that
is destroying America—is popular.
“Who would do the investigating, then?” I asked.
“The attorney general,” Fallon responded.
Ken Paxton, I reminded Fallon, was under indictment for securities fraud. (He has pleaded not guilty.)
“I would prefer it not be that way,” Fallon said. “But he hasn’t been convicted.”
Fallon
ranks high on the conservative “report cards,” compiled by watchdog
groups, by which modern right-wing legislators live and die. One of the
most feared is the Fiscal Responsibility Index, a powerful weapon
against less than ultra-radical Republicans. It is produced by Empower
Texans, a group led by Michael Quinn Sullivan, who is known by his
initials, M.Q.S. Some members pronounce it “Mucus.”
Sullivan
is tall and friendly. He likes to talk about the Boy Scouts (he was an
Eagle Scout), the Aggies (he was in the A. & M. Corps of Cadets),
and his three children. A right-wing zealot, he is sometimes described
as the most powerful non-elected political figure in Texas. Several
years ago, Sullivan and I had lunch, and he told me, “I’m not there to
get a seat at the table. I’m there to get rid of the table.” In other words, he wants to destroy the government.
Empower
Texans is funded largely by a reclusive Midland oilman named Tim Dunn,
an evangelical Christian who hopes to create in Texas an example of
small government that could be replicated by other states and countries.
Even people who hate Dunn’s politics consider him the most effective
moneyman in the state. He has steadily pushed Republican lawmakers
farther right, eliminating the kind of middle-ground figures who support
Joe Straus. Dunn has made it a mission to bring down the Speaker.
While
Fallon and I were talking, Jonathan Stickland approached the front
microphone. Stickland, a member of the Freedom Caucus, is generously
supported by Empower Texans. He is a former pest-control technician from
Bedford, near Arlington, who now calls himself an oil and gas
consultant. Stickland is plump, with an imposing beard, narrow-set brown
eyes, and an occasional broad smile revealing beautiful teeth. He made
news in the 2015 session by posting a sign outside his office:
RepresentativeJonathan SticklandFORMER FETUSDistrict 92
Stickland’s
amendment was to defund the state’s feral-hog-abatement program, which
kills thousands of the rampaging beasts each year. Stickland called the
program ridiculous and a waste of money. “It has not worked, and it
never will work!” he declared, infuriating rural lawmakers, who consider
wild pigs a nearly existential menace. They converged on Stickland from
all sides. Everything came to a dead stop.
A
brass rail circumscribes the chamber; only members, pages, and clerks
can go inside. I was hovering around the rail, and Speaker Straus came
over to say hello. He seemed totally at ease: smiling, hands in his
pockets. He said, “I guess all the hogs are going to move to
Arlington”—which is partly in Stickland’s district. Straus was in no
hurry to impose order. He looked at the scrum of lawmakers around
Stickland. “Just think,” he said. “These are the people responsible for
spending two hundred and eighteen billion dollars.”
At
the rear microphone stood Drew Springer, a Republican from North Texas,
whose district—twice the size of Maryland—is copiously supplied with
wild pigs. He proposed attaching an amendment to Stickland’s amendment.
It would cut nine hundred thousand dollars in funds for roads and
highways—the same amount as the hog-abatement program—but only in
Stickland’s home town. The measure passed, with undisguised enthusiasm.
Stickland pulled his amendment down, but then charged toward Springer.
They met in the middle of the chamber, nose to nose. Stickland is known
to carry a concealed weapon, so I was a little worried. But other
members separated the men, and Straus reluctantly gavelled the House to
order.
I left before the budget was passed,
long after my bedtime. By dawn, it was clear that Dan Patrick and the
Tea Party had suffered one defeat after another in Joe Straus’s House.
Earlier in the session, Patrick had demanded an up-or-down vote on
subsidizing tuition for private schools, and it was crushed, 103–44. A
proposal to “zero out” money for the Texas Commission on the Arts was
brushed aside.
Governor Abbott’s “enterprise
fund,” which he used to lure businesses to the state, would be emptied,
and its budget of forty-three million dollars would be dispersed between
Child Protective Services and therapy for disabled children. Paxton,
the attorney general, would lose more than twenty million dollars from
his budget for lawsuits; that money would be redirected to foster-care
programs. None of these changes had become law yet—they had to be
ratified by the Senate first.
The exhausted
Democrats and Republicans made a deal: the Democrats agreed to provide
only nominal opposition to the defunding of Planned Parenthood, which
was going to happen in any case; in return, the bathroom amendment was
pulled from consideration. Other controversial amendments were placed in
Article 11 of the budget, a kind of wish list of things to be debated
in the future. Legislators call Article 11 “the graveyard.” But in the
Texas legislature the dead have been known to walk.
The
relationship between the capitol and the city of Austin is
antagonistic. The city has long been known as a blue dot in a red state.
It sees itself as standing apart from the vulgar political culture of
the rest of Texas, like Rome surrounded by the Goths. Republican
politicians bridle at the disdain. “It’s great to be out of the People’s
Republic of Austin,” Governor Abbott declared recently, at a Republican
dinner in Bell County. “Once you cross the Travis County line, it
starts smelling different. And you know what that fragrance is? Freedom.
It’s the smell of freedom that does not exist in Austin, Texas.”
This
tirade was apparently triggered by a local ordinance that requires a
permit to cut down a “heritage tree”—one whose trunk diameter exceeds
nineteen inches. When Abbott was attorney general and living in Austin,
he was infuriated when he had to compensate the city before cutting down
a pecan tree that stood in the way of his future swimming pool.
Many
residents of Austin don’t mind its image as a lonely liberal outpost.
I’m part of a group that puts up statues in Austin, and our most recent
work was a bronze replica of Willie Nelson. At Nelson’s request, it was
unveiled, in 2012, on April 20th—National Marijuana Day. He stood in
front of his giant likeness and sang “Roll Me Up and Smoke Me When I
Die.”
On the Sunday after Trump was elected
President, about a hundred and fifty people gathered on the capitol
steps and marched down Congress Avenue. A small group of Trump
supporters was staging a counter-protest. According to news reports, one
man was especially conspicuous: Joseph Weidknecht, a laid-off
sheet-metal worker, who is six feet six and weighs three hundred and
fifty pounds. He was wearing a “MAKE AMERICA GREAT AGAIN” cap and carried a sign that said “PROUD TO BE DEPLORABLE”—a
reference to Hillary Clinton’s derogatory remark about Trump
supporters. A number of the anti-Trump marchers, some wearing Guy Fawkes
masks, ripped the sign out of his hands, grabbed his hat, and tried to
set his shirt on fire. “I can handle myself in a brawl,” Weidknecht
later told the Austin American-Statesman. “But when they brought out the lighters I was genuinely scared for my life.”
A
small woman wearing a hijab forced herself between Weidknecht and the
people assaulting him. She was Amina Amdeen, a nineteen-year-old student
at the university, who had immigrated to the U.S. from Iraq when she
was ten. “She stood there like a mountain, trying to stop the violence,”
Weidknecht said. The police arrested six of the protesters.
“I
do not stand for what he stands for,” Amdeen remarked. “But I know his
fears and concerns are valid. I love this country so much, and I don’t
like what I see coming.”
In February, two weeks
after the Trump Administration began its attempts to block Muslims from
entering the U.S., anti-immigrant posters started appearing outside
buildings at the University of Texas at Austin. “IMAGINE A MUSLIM-FREE AMERICA,”
one said. Around this time, a mosque was firebombed in Victoria, two
hours southeast of Austin. Sid Miller, the state’s agricultural
commissioner, told the BBC that he worried about America becoming a
Muslim country. (Muslims account for about one per cent of the U.S.
population.) He previously advocated dropping nuclear bombs on the
Muslim world.
My wife, Roberta, has a close friend, a writer, who is married to a professor. They are Jewish, and they have a “BLACK LIVES MATTER”
sign in their yard. As the sanctuary-cities bill, S.B. 4, was being
debated in the capitol, an unsigned letter was left at their front door.
It threatened the lives of their children, by name. “Is this Austin?”
Roberta cried.
In
April, S.B. 4 progressed to the House. Among Republicans who vote in
Texas primaries, the hottest issue is immigration. Many state
legislators who otherwise might not support the bill seemed intimidated
by the political environment, and it was apparent that Straus and his
team had no battle plan. Meanwhile, Patrick’s counterparts, frustrated
by their losses in the budget battles, began adding amendments to make
S.B. 4 even tougher. Matt Schaefer, of the Freedom Caucus, amended the
bill to allow police officers to question a suspect’s immigration
status—a “show me your papers” provision. Law-enforcement authorities in
Texas’s major cities had loudly opposed such an idea, saying that it
would make immigrants less likely to report crimes. Art Acevedo,
Houston’s police chief, said that the number of Hispanics reporting rape
in his city was already down forty-three per cent—apparently a result
of Trump’s crackdown on undocumented immigrants. Schaefer’s amendment
was similar to a 2010 Arizona law that had been partly struck down by
the U.S. Supreme Court.
“This is something that Texans in our district have been asking for,” Schaefer said. “This is good policy.”
Gene
Wu, the Democratic House member from Houston, who was born in China,
spoke against the bill, tearfully comparing it to the 1882 Chinese
Exclusion Act, the country’s first major anti-immigration law. “This
topic is painful for me, because I’m an immigrant,” he said. “My parents
are immigrants. I represent a district filled with immigrants.” As he
spoke, supportive Democrats surrounded him. “Some are here as refugees.
Some are here as citizens. Some are here without papers. But they are all my people.”
For
Wu, the sanctuary-cities bill was the natural culmination of the
“bigoted, racist mentality” that has emerged in Texas, which he calls
the epicenter of the Tea Party. “Trump is simply the most visible
manifestation of that mentality,” he told me. “It’s been percolating up
in the Republican Party for the past decade.”
Another
Democratic lawmaker, Ana Hernandez, of Houston, recalled coming to this
country as a child: “I remember the constant fear my family lived with
each day, the fear my parents experienced each day, as their two little
girls went to school, not knowing if there would be an immigration raid
that day.”
Behind the scenes, the Republican
and Democratic caucuses met for hours, trying to find a way to dodge
Schaefer’s amendment. “The Republicans came to us and said, ‘Some of us
are going to have a hard time voting against it,’ ” Wu told me. Knowing
that the law would inevitably be challenged in court, Republicans
offered to shelve the amendment if the Democrats made some minor
concessions. But the Democrats took too long to agree on terms, and the
Republicans withdrew the offer.
After sixteen
hours of emotional debate, the House passed S.B. 4 with the “show me
your papers” amendment. A week later, Governor Abbott signed it into
law, on Facebook Live. “Citizens expect law-enforcement officers to
enforce the law,” he said. “Citizens deserve lawbreakers to face legal
consequences.”
As usual, the Texas legislature
passed anti-abortion bills. One bans the safest and most common
procedure for second-trimester abortions: dilation and evacuation.
Supporters of the legislation call this a “dismemberment abortion.” The
law also requires health-care facilities to bury or cremate aborted
fetuses.
In addition, the legislature passed
several bills to reform the agencies overseeing abused and endangered
children—one of Governor Abbott’s priorities. In the first seven months
of the state’s fiscal year, the number of foster children spending two
or more consecutive nights in hotels or government office buildings had
risen to three hundred and fourteen. The new legislation gave raises to
the underpaid caseworkers, but in some ways it was yet another
anti-government measure. The bill partially stripped the state of
responsibility for its wards, handing them off to contractors. Abbott
said that Janis Graham Jack, the federal judge who had ruled that
Texas’s foster-care system violated children’s rights, should dismiss
the case before her, because the new legislation “completely transforms
the system in ways that will make it better.” Child-welfare advocates
have criticized the new legislation, saying that private groups may not
have the expertise to take over case-management duties, particularly
when dealing with troubled children. “I expect the Texas Child
Protective Services and the Texas Department of Family and Protective
Services to strive for, achieve, and to accomplish No. 1 ranking status
in the United States of America,” Abbott said, as he signed the
legislation.
On April 6th, the hog-abatement
funds were approved, despite Jonathan Stickland’s attempts at sabotage.
And a new law allowed the hunting of wild pigs from hot-air balloons.
“We’ve got a problem here, and we are willing to fix it,” Mark Keough, a
Republican from the Woodlands, told the Texas Observer.
“We have that Western, swashbuckling, cowboying type of way to deal
with things.” Texans already could legally shoot pigs from
helicopters—even with machine guns—but who knew that it was ever against
the law to shoot pigs from balloons?
Speaker
Straus continued to sideline the bathroom bill. He remained certain that
most Republicans in the House didn’t really favor the measure, though
they also didn’t want to be seen as opposing it. He asked Governor
Abbott to stand with him against the measure. Abbott is better known as a
business conservative, like Straus, than as a cultural conservative,
like Patrick, but he showed little interest in choosing a side, because
he was bound to create enemies in either case. Finally, Abbott blandly
stated that he favored a bill “to protect privacy in bathrooms.” He
signalled that a bill then headed for a committee hearing in the House,
H.B. 2899, was a “thoughtful proposal.” Although it would not mandate
bathroom use based on biological sex, H.B. 2899 would impede the
enforcement of local nondiscrimination ordinances, and it would not stop
businesses or lawmakers from imposing bathroom bans in the future.
On
May 21st, the House began debating the measure. Once again, hours of
anguished testimony ensued. Half a dozen female members wandered into
the men’s bathroom just off the House floor. “We’re feeling like making
trouble today,” one of the women, Gina Hinojosa, a Democrat from Austin,
told reporters. “It’s that kind of mood.”
Shortly
before dawn, the House committee members retired without a vote,
effectively killing the measure. At the last minute, several lawmakers
had asserted their conservative bona fides by signing on as co-sponsors
of the doomed legislation. It was the most desirable outcome imaginable.
There were still eight days left in the session.
One
of the major forces behind the bathroom bill, and a big supporter of
Dan Patrick, was Steve Hotze, a Houston physician and a longtime
ultraconservative kingmaker. Starting in the mid-nineties, he made a
fortune from alternative hormone-replacement therapies and the sale of
controversial supplements, such as colloidal silver, which he recommends
for treating colds and the flu, and for promoting pet health. Colloidal
silver can cause argyria, in which a patient’s skin permanently turns
the color of a blue jay.
In 1986, Hotze signed
the manifesto of an evangelical Christian group called the Coalition on
Revival, which endorses the idea that “the ultimate cause of all
disease, deformity, disability, and death is the sin of Adam and Eve.”
As for government: “We deny that any final authority outside the Bible
(e.g., reason, experience, majority opinion, elite opinion, nature,
etc.) ought to be accepted as the standard of government for any
individual, group, or jurisdiction.”
In the
aughts, Hotze hosted a show on the talk-radio station that Patrick now
owns in Houston. He recently released a couple of songs—perhaps they
should be called lamentations—such as “God Fearing Texans Stop
Obamacare”:
What would Sam Houston do?What would Davy Crockett do?I know what I’m going to do.I’m going to fight Obamacare,I’m going to defeat Obamacare.
Hotze’s
main cause is attacking homosexuals, or “homofascists,” as he calls
them. “The homosexual political movement will force churches, schools,
businesses, and individuals to accept, to affirm, and even celebrate
those who participate in anal sex,” he has said. Sodomy, he went on,
“will be mandated to be taught to the children in the schools at an
early age, starting in kindergarten.” It goes without saying that
homosexuals “want to make Texas a clone of California.”
In
2014, Dan Patrick ran for lieutenant governor, and Hotze became one of
his chief fund-raisers. In a video endorsement, he stood next to Patrick
and said, “Dan Patrick’s leadership will keep Texas the most
conservative state in the country.” Patrick added, “The Democrats
understand that, if they can take Texas, we will never have a Republican
in the White House again. They will control the country. There’s not
another Texas to move to, folks. This is it.”
Patrick
was referring to the fact that, as Texas’s liberal cities have
burgeoned, the state has grown markedly less red. All of its major urban
areas except Fort Worth are Democratic and have been for decades.
Dallas went for Obama in both elections. In Houston, America’s most
diverse city, the country’s first openly lesbian big-city mayor was
succeeded by the city’s second black mayor. (Harris County, however,
which encompasses Houston, has Republican judges in the courthouse.) San
Antonio has always been a progressive stronghold, though it often votes
Republican in statewide races. In the 2016 election, Trump garnered
fifty-two per cent of the vote in Texas, compared with sixty-five per
cent in neighboring Oklahoma. Texas is more purple than many Americans
realize, and that’s what keeps conservatives in the state on edge.
Hotze
runs a political-action committee called Conservative Republicans of
Texas. He also maintains the group’s Web site, and on May 16th he wrote
of the bathroom bill, “There are Texas legislators . . . who would allow
perverted men and boys, who sexually fantasize that they are women, to
enter women’s and girls’ bathrooms, showers and locker rooms.” He
implored his readers to pray with him:
In the Name of Jesus, I prophesy and declare: May all the individuals serving in the state legislature, and their staff, who support, promote and practice sodomy and other perverted, sexually deviant lifestyles, who support the killing of unborn babies, and who hate God’s Law and God’s Word, receive just retribution from God for their evil actions. . . . May they be consumed, collapse, rot and be blown away as dust from their current positions because of their wicked works, thoughts and deeds.
In an e-mail,
Patrick’s office described Hotze as a “longtime supporter,” but added,
“The Lieutenant Governor does not agree with everything that any of his
supporters say or do.” Straus told me, “Steve Hotze exists on the
fringes. Mainstream Republicans don’t take him seriously.” Hotze,
meanwhile, has been campaigning to have Straus removed as speaker.
On
May 20th, Tom Mechler, the chairman of the state Republican Party,
resigned, citing personal reasons. He issued a letter pleading for party
unity. “A party that is fractured by anger and backbiting is a party
that will not succeed,” he said. He also warned that the Republican
Party had failed to attract voters outside the white demographic, and
was therefore destined for electoral oblivion. “If we do not continue to
make efforts to engage in the diverse communities across Texas, our
state will turn blue,” he warned. He urged the next chairman to reshape
the Party in the image of modern Texas.
Soon
after Mechler’s resignation, Rob Morrow—the former Travis County
Republican Party chairman with the motley-fool hat—announced his
candidacy for the statewide position. His priorities had not changed
since he had been drummed out of office. In a statement for the press,
he declared, “I like big titties. I am a proponent of boobyliciousness.
In the past several years I have shared on social media the pics of over
500 extremely hot, busty women.” He concluded by saying, “I am for
having bikini contests at the Alamo every 4th of July. Case closed.”
The
twelve members of the Texas Freedom Caucus were furious at Straus and
his allies for impeding their legislation, which included yet more bills
targeting abortion, and measures that would further loosen gun laws and
roll back property taxes. They decided to get revenge, with what became
known as the Mother’s Day Massacre.
Bills that
are not considered controversial are often placed before the House for a
pro-forma vote. In May, a hundred and twenty-one such proposals, known
as consent bills, were awaiting approval. However, if five or more
members object to a consent bill, it must go through the normal
legislative process, and be scheduled for discussion on the House floor.
This year, the clock for such discussions ran out at midnight on May
11th—the Thursday before Mother’s Day weekend. Hours before midnight,
the Freedom Caucus objected to the entire slate of consent bills, making
it impossible for them to be heard this session. The doomed consent
bills included two that addressed the sharp rise in maternal mortality
in Texas. Shawn Thierry, a Democrat from Houston, begged Freedom Caucus
members to spare her bill, which would have commissioned a study that
focussed on low-income black mothers. She argued that the bill was
pro-life, because mothers who died in childbirth had carried their
babies to term. Although the Freedom Caucus members agreed with her on
this point, they refused her request, adding that it wasn’t personal.
“It was like a drive-by shooting,” Thierry later said.
Next
the Freedom Caucus chewed up time in leisurely debate, proposing
amendments and making objections to bills already under consideration.
The House was brought to a standstill. An hour passed as they debated
inconsequential amendments to a bill on industrial-workforce training.
(The minority Democrats had perfected such tactics in the past.)
Time
was running out to consider any of the other scheduled legislation.
Drew Springer, the representative from North Texas who killed
Stickland’s anti-hog-abatement amendment, pleaded for H.B. 810, which
would fund experimental stem-cell treatments. He spoke on behalf of his
wife, who is in a wheelchair. Such treatments “might give somebody like
my wife a chance to walk,” he said, between sobs. “I’d trade every one
of my bills I’ve passed, every single one, to get the chance to hear
H.B. 810.” The Freedom Caucus gave in on this one, and it passed.
Also
among the slain consent bills was H.B. 3302, a sunset safety-net bill.
It had been crafted to preserve important state agencies that would
otherwise be phased out under an automatic review policy, which takes
place every twelve years. One of the agencies up for review was the
state medical board. If the medical board expired, there would be no
agency to license doctors in Texas. It wasn’t clear if Freedom Caucus
members had realized the far-reaching consequences of killing H.B. 3302.
Dan
Patrick, however, recognized that an important lever had been handed to
him. The only way to avoid the consequences of H.B. 3302’s failing to
pass was for a similar bill to be passed in the Senate—which had a later
deadline—and then sent back to the House. On the Monday after Mother’s
Day, Speaker Straus wrote a letter to Patrick, urging the Senate to pass
such a bill—along with the budget—so that the legislature could avoid a
special session. In response, Patrick privately sent him specific terms
for a deal. The House had to pass the bathroom bill and another item on
Patrick’s agenda—a bill that capped local property taxes. In return,
the Senate would agree to pass its own version of the sunset safety-net
bill, as well as the budget and several other items, including one
championed by Straus, which dealt with school-finance reform. Public
schools in Texas are financed through property taxes, along with federal
and state funds. Over the years, the state’s contribution per student
has diminished, with property taxes making up the difference. To restore
the balance, Straus wanted to allocate one and a half billion state
dollars to the public schools.
The Senate had
added an amendment to the school-finance-reform bill, however, which
amounted to what Straus called a “poison pill”: a provision for vouchers
for private schools. The House had already rejected this idea, but
Patrick felt that Texas schools had enough money. In an op-ed published
in early June, he noted that total education spending, including
universities, was already the largest item in the budget—“about
fifty-two per cent of all state dollars.” He added, “It is disingenuous
to suggest that we are, somehow, holding back funding that we could
spend on schools.” (Education spending, as a percentage of the Texas
budget, is lower than it has been in at least twenty years.)
By
now, the ill will between the two men had spilled over into the
chambers they led. Lyle Larson, the San Antonio Republican, who is close
to Straus, accused the Senate of “taking hostages” when it promised to
pass certain House bills only if the House voted for Patrick’s
priorities. “I’ve got six,” Larson cried. “How many other bills were
held hostage by the Texas Senate?”
A roar went
up in the House, which only grew when Harold Dutton, a Houston Democrat,
took to the front microphone. “When the Senate won’t respect us, they
need to expect us,” he said. “I don’t know if they can see us. But would
you have them open the door so they can hear
us?” The House doors were flung open, as the frustrated representatives
bayed like wolves at the Senate chamber, across the capitol.
Governor
Abbott had warned Speaker Straus that he would demand action on the
bathroom bill—even if he had to call a special session. With Straus’s
blessing, a compromise was crafted by Chris Paddie, a Republican
representative from Marshall, in northeast Texas. It was styled as an
amendment to a bill on school safety, and would affect grade schools and
high schools but not universities or government buildings. It affirmed
the right of all students to use the bathroom with “privacy, dignity,
and safety”—language that strongly echoed Patrick’s scaremongering about
potential transgender predators. But it did not explicitly bar students
from using particular bathrooms.
Across Texas,
school districts and chambers of commerce seemed resigned to accept the
amendment. In Straus’s opinion, it codified a reasonable practice that
many schools had already adopted. Still, there was fierce opposition in
the House from Democrats who saw it as appeasement. Representative
Rafael Anchia, of Dallas, reminded the other members that, since they
had begun debating the bathroom issue, in January, ten transgender
people had been violently killed in the U.S. He read their names aloud.
The
amendment passed the House, but Patrick wasn’t satisfied. He said that
it didn’t “appear to do much.” Time was running out. Straus declared
that Patrick could take Paddie’s amendment or leave it. “For many of
us—and especially for me—this was a compromise,” Straus told reporters.
“As far as I’m concerned, it was enough. We will go no further. This is
the right thing to do in order to protect our economy from billions of
dollars in losses and more importantly to protect the safety of some
very vulnerable young Texans.” It was “absurd,” he said, that passing a
bathroom bill had taken on more urgency than fixing the school-finance
system.
Patrick did not relent. He said of
Straus, “Instead of siding with the people of Texas—and, as a
Republican, siding with Republicans of Texas—he has decided to support
the policies of Barack Obama, who said, ‘I want boys and girls in every
shower in every school in the country.’ ” (Obama never said this.)
Patrick then added a remark aimed directly at Abbott: “Tonight, I’m
making it very clear, Governor. I want you to call us back on your own
time.” The two chambers succeeded in passing a budget, but a special
session seemed inevitable.
Abbott clearly hated
the position he had been thrust into. A special session devoted almost
entirely to the bathroom bill, he knew, would focus even more unwanted
national attention on Texas. Only the governor can call a special
session, and though he can nominally set the agenda, special sessions
can get out of hand. There was no guarantee that Abbott would get the
outcome he hoped for.
On
May 27th, the C.E.O.s of fourteen companies with a significant presence
in Texas, including Apple, Amazon, Cisco, Google, and I.B.M., sent
Abbott a letter. “We are gravely concerned that any such legislation
would deeply tarnish Texas’ reputation as open and friendly to
businesses and families,” it said. The bill would harm the companies’
ability to recruit talent to the state, they asserted, adding,
“Discrimination is wrong and it has no place in Texas.”
Around
this time, reporters caught up with Abbott at a gun range, where he
signed a law lowering the cost of gun licenses. He then shot a few
rounds at a target sheet, which he proudly displayed to the reporters.
(The Texas press has generally been very kind to him.) This was the day
after Montana elected a U.S. representative, in a special election, who
had body-slammed a reporter, sending him to the hospital. This was the
same season in which Trump had declared the press the enemy. Abbott held
up his bullet-riddled target and said, “I’m gonna carry this around in
case I see any reporters.”
On the Friday before
the end of the session, Straus told me, Patrick sent two emissaries
from the Senate to visit him at his office. (Patrick’s spokeswoman says
that this is “not accurate.”) One of the senators carried an envelope
that apparently contained the language of a bathroom bill that Patrick
would accept. The senator, whose name Straus would not disclose, was a
lawyer, and told Straus that the language had been carefully crafted to
insure that the bill would override any local antidiscrimination
ordinances. The senator started to open the envelope, but Straus said
not to bother. “I’m not a lawyer, but I am a Texan,” he said. “I’m
disgusted by all this. Tell the lieutenant governor I don’t want the
suicide of a single Texan on my hands.”
During
the regular legislative session, more than sixty-six hundred bills were
filed, and more than twelve hundred were passed into law. The session
was widely seen as being dictated by Dan Patrick, but many of the
signature items that he had supported—school vouchers, property-tax
rollbacks, and the bathroom bill—failed to pass.
The
major cities in Texas recently joined in a lawsuit against S.B. 4—the
sanctuary-cities bill—saying that it will lead to racial profiling, and
that regulating immigration is a power reserved for the federal
government. The U.S. Attorney General, Jeff Sessions, announced that the
Justice Department would help defend S.B. 4. “President Trump has made a
commitment to keep America safe,” he said. “Texas has admirably
followed his lead by mandating statewide coöperation with federal
immigration laws that require the removal of illegal aliens who have
committed crimes.”
One of the bills that
Governor Abbott signed into law allows faith-based adoption groups to
reject applicants whose sexual orientation is counter to their beliefs.
In response to the law, California’s attorney general, Xavier Becerra,
banned state employees from travelling to Texas at taxpayers’ expense.
Dan Patrick jumped at the chance to taunt California. “Of course,
California does have a reason to be angry at Texas,” he said. “Thousands
of folks fled California’s high taxes and liberal attitudes to come to
Texas in 2015.”
The session concluded this year
on Memorial Day, and so fallen soldiers were honored. Legislators said
goodbye to colleagues with whom they had endured a hundred and forty of
the most intense days of their lives.
Meanwhile,
buses began arriving at the capitol. Hundreds of protesters, some from
distant states, burst through the doors, filling all four levels of the
rotunda and spilling into the House gallery. They unfurled banners (“SEE YOU IN COURT!”)
and chanted, “S.B. 4 has got to go!” One of the protest organizers,
Stephanie Gharakhanian, explained to reporters, “We wanted to make sure
we gave them the sendoff they deserve.”
A few
of the Democrats in the chamber looked up at the chanting protesters and
began to applaud. State troopers cleared the gallery and broke up the
protest, but by that time some of the Republicans on the floor had taken
offense. Matt Rinaldi, a member of the Freedom Caucus from Dallas
County, who is sometimes rated the most conservative member of the
House, later told Fox Business Network that he noticed several banners
bearing the message “I AM UNDOCUMENTED AND HERE TO STAY.” He called ICE, and then bragged to his Hispanic colleagues about it.
A
shoving match broke out on the House floor. Curses flew. Afterward,
Rinaldi posted on Facebook that Poncho Nevárez, a Democrat from the
border town of Eagle Pass, had threatened his life. “Poncho told me he
would ‘get me on the way to my car,’ ” Rinaldi wrote, adding that he
made it clear that “I would shoot him in self-defense.”
The
next day, the capitol was subdued. In the House chamber, docents were
again leading school tours. In the rotunda, a high-school orchestra was
playing a piece for woodwinds. I went up to the second floor, where the
acoustics were better. The orchestra was from Kountze, a little East
Texas town that had the distinction, in 1991, of electing America’s
first Muslim mayor. The musicians were arrayed in the center of the
rotunda, atop the seals of the republic and the five nations of which
Texas had once been part: Spain, France, Mexico, the United States, and
the Confederacy. I was moved by the thought that the long and bloody
history of Texas had arrived at this moment, with small-town kids
bringing the many voices of the state into harmony.
Speaker
Straus was waiting in his chambers, seated on the couch in his
shirtsleeves, under a painting of Hereford cattle. He looked far more
relaxed than I thought was warranted, given that Governor Abbott was
poised to call a special session that would likely focus on Patrick’s
must-pass bills. But Straus seemed satisfied. He boasted that the
priorities of the House—his priorities—had
mostly been accomplished. “We did the Child Protective Services reforms,
adding fourteen hundred new caseworkers,” he said. “We made tremendous
progress on mental-health reforms and funding.” Texas’s decrepit
hospitals were going to be upgraded. A health-care plan for retired
teachers had been saved. Enormous cuts to higher education had been
averted. “These were issues a little bit under the radar, because
they’re not sensational, but they’re issues that are going to make a big
difference in Texas lives,” Straus said. “What we didn’t achieve was to
begin fixing the school-finance system, which everybody knows is a
disaster.”
Straus said that some schools in
districts that had been strongly affected by the downturn in the oil and
gas economy might have to be closed. “We had a plan to bridge that,” he
noted. “Unfortunately, the Senate had other priorities.” He attributed
the failure to Patrick’s “fixation on vouchers.”
I
asked Straus about the clash between business and cultural
conservatives. He quoted William H. Seward, Lincoln’s Secretary of
State, who described the forthcoming Civil War as “an irrepressible
conflict.” The prejudices unleashed by the election of Donald Trump had
poured kerosene on the already volatile world of Texas politics. Straus,
referring to the bathroom bill, said, “We came very close this session
to passing a sweepingly discriminatory policy. It would have sent a very
negative message around the country.”
“That’s
still possible, right?” I asked. Couldn’t Abbott put forward his own
bill in the special session and threaten to veto any amendments?
Straus
agreed, but noted, “The legislature is not obligated to act upon his
agenda items within the thirty-day period. And the Governor would have
the option to call as many thirty-day sessions as he would like.”
“So the bill could stay in committee and not get voted out?”
Straus smiled.
The
session was the most fractious in memory, and the bad feelings stirred
up in the capitol will linger long after the lawmakers return home.
Immigrant communities are fearful, lawmakers are vengeful, and
hatemongers feel entitled to spread their message. And the bitter battle
among Texas Republicans isn’t over. Governor Abbott called a special
session, to reconvene on July 18th, and set forth a list of twenty items
that he said required action. Most of them could have been passed in
the regular session; none of them were a priority for him before the
session began. In addition to the bathroom bill, his list of demands
included education vouchers, caps on state and local spending, and new
abortion restrictions. He also asked for a thousand-dollar raise for
public-school teachers, which the local school boards—not the
state—would likely have to pay for. “I expect legislators to return with
a calm demeanor, and with a firm commitment to make Texas even better,”
he said. Straus was not intimidated. He told me, “We’re under no
obligation to pass anything.” ♦
No comments:
Post a Comment