Texas Lawmakers Head Home Without Vote On Bathroom Bill

Law360, Houston (August 16, 2017, 3:22 PM EDT) -- A special legislative session called for by Texas Gov. Greg Abbott ended Tuesday without the House passing what opponents — including law firms and Texas Fortune 500 companies — have called an anti-transgender “bathroom bill,” but that doesn't mean the bill's fate has been sealed.
The Texas Privacy Act, commonly referred to as the bathroom bill, would have required people to use the restroom, shower or changing facility that corresponds with the sex listed on their birth certificates and not the facility corresponding with their gender identity. Lieutenant Gov. Dan Patrick named the bill as one of his top 10 legislative priorities after Sen. Lois Kolkhorst introduced the bill in January. Kolkhorst said at the time it was meant to counteract a directive from the Obama administration that let children use the school bathroom that matches their gender identity.

According to the Legislative Reference Library of Texas' website, there is no limit on the number of special sessions the governor can call in between regular sessions, and he may call them back-to-back. The Texas Constitution does limit special sessions to a maximum of 30 days, but does not set a minimum number of days.

John Whittman, a spokesman for the governor, released a statement that the office “believes this special session had produced a far better Texas than before.” But as for whether the governor has made a decision on calling a second special session, he referred to interviews Gov. Abbott gave with Texas radio stations on Wednesday morning. In those interviews, the governor indicated the option of calling a second session was “on the table,” but he would only do so if it appeared lawmakers could get something done, saying the move would otherwise be “a complete waste of taxpayer dollars.”

In an interview with Dallas-Fort Worth radio station WBAP-AM Wednesday morning, Abbott placed blame on House Speaker Joe Straus that some of the 20 items on his special session agenda, like the bathroom bill, didn't get an up-or-down vote.

“The speaker made it very clear that he opposed this bill and that he would never allow it come up for a vote, and he told me that, he was straightforward,” Abbott said. “He said during the regular session he was not going to allow it to come up for a vote.”

Abbott added that Straus reiterated his stance during the special session, there was “no evidence whatsoever” Straus would change his mind “and that's why elections matter.”

A message left with the office of Speaker Straus seeking comment was not immediately returned Wednesday.

The office of Sen. Kolkhorst, who authored the bill, released a statement Wednesday stating there will be “future legislative sessions and elections to continue the conversation.”

“Men do not belong in female locker rooms, showers and restrooms, especially in our schools, and no amount of monetary threats, corporate logos, New Yorker articles or Hollywood hypocrisy will ever change that fact,” the statement reads. “The Texas Legislature may have adjourned but many Texans remain alarmed by the desire of some to erase all gender barriers and privacy protections in our schools and public spaces.”

Major companies, including Exxon Mobil Corp., Chevron Corp., ConocoPhillips Co., AT&T Inc., American Airlines Inc., Southwest Airlines Co. and Texas Instruments Inc. have openly opposed the bill. The Texas Association of Business issued a report in December that the state could lose between $964 million and $8.5 billion from its gross domestic product and lose 185,000 jobs if “discriminatory bills” like the Texas Privacy Act became law.

--Additional reporting by Jess Krochtengel. Editing by Alanna Weissman.

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