Timing of Public School Finance Debate
Could Make or Break Some Legislators

By Mike Hailey
Capitol Inside Editor

The question of timing in the wake of Wednesday's school finance ruling is almost as perplexing as the dilemma over where to get the money to pay for an overhaul of education funding in Texas.

With the clock ticking and no consensus in sight, Governor Rick Perry and legislative leaders have the option of waiting to resume work on a school finance bill during the routine course of the regular session next year. Perry could declare the issue an emergency - and that would allow lawmakers to go to work on school funding immediately when they return to Austin in January. Those are the easier calls.

The other two options are risky and would require a special session of the Legislature to be held at some point either before or after the November 2 election. State Rep. Dan Branch on Wednesday urged Perry to consider calling a special session after the November election or to be ready to proclaim school finance to be an emergency issue so work on the subject can get under way without hesitation in January. Lieutenant Governor David Dewhurst said that he and the governor have discussed a start-up day but have come to no conclusions on when that should be.

While waiting for 2005 might seem like the safest route to take at this point in the school finance debate, it's a double-edge prospect for state House members who've seen some of the latest polls and stories on public school finance. Internal polling for several top-rated candidates shows that voters are getting fed up with the seemingly endless debate over how to fund public education across the state. The numbers are significant enough to suggest that some lawmakers might find themselves punished by voters for simply being a member of a legislative body like the Texas House. While most House members would hate the thought of having to vote on a school finance bill before the November 2 election, the political repercussions conceivably might not be as bad as going into the general election without first taking a stab at school finance could be.

A school finance bill will ultimately require a major state tax bill to fund property tax relief and a boost in school funding across the state. A last-minute vote on a tax bill right before an election could be fatal for incumbents competing in marginal districts. About half of the House's 150 members face general election opposition while a handful of state senators are running against candidates from the opposite party on the November ballot this year. While most incumbents will be expected to survive their re-election bids in 2004, as many as 25 Texas House seats will have some degree of potential to change hands when voters cast ballots this fall.

With an increasing number of voters wanting legislators to take action on school finance immediately, the least risky scenario might be for Perry to announce before the election that he's calling a special session to begin shortly after the ballots are cast. Legislators with tough re-election races wouldn't have monumental votes to explain right before an election, but they could go into the election talking about how they are eager to tackle the difficult subject of public school funding in a special session during the final two months of the calendar year.

House Speaker Tom Craddick this summer refused to bow to Dewhurst's push for a second special session on school finance before the regular session begins in January. Craddick did not mention the possibility of a special session in a statement on the district court ruling. But the Republican speaker did recommend that the governor declare school finance to be an emergency issue as soon as lawmakers convene at the Capitol four months from now.

State District Judge John Dietz set an October 1, 2005 deadline for the state to put more money into its public school system in order to meet constitutional standards while bridging achievement gaps between children from well-to-do families and those on the other side of the tracks. The judge said that the many school districts that have reached the $1.50 maximum tax rate for maintenance and operations have lost meaningful discretion in setting their tax rates. But Dietz essentially let the much-aligned Robin Hood system of wealth sharing stand.

Dietz's ruling came 10 minutes after both sides closed in a suit that has taken six weeks to try. The list of plaintiffs includes more than 300 school districts from around the state.