February 24, 2006

Senate Republicans Reject State GOP's
Push for Written Pledge on Blocker Bill

By Mike Hailey
Capitol Inside Editor

The Texas Senate's Republican members have declined the state GOP's request for a promise in writing to oppose the continued use of a blocker bill that essentially forces all legislation to have two-thirds support in order to be debated on the chamber floor.

In a memo to State Republican Executive Committee members, State GOP Chairwoman Tina Benkiser revealed that six Senate candidates have signed a pledge to oppose the Rosebush-Blocker Rule and to support other changes recommended in a resolution adopted late last year by the state party's governing board. But Benkiser included a message that the party received in a letter from the Senate's Republican members, who indicate that they as a caucus will determine if such changes are necessary.

“We, the undersigned Republican members of the Texas Senate, are in receipt of the resolution adopted by the State Republican Executive Committee concerning the order of business rule that was originally adopted by the Texas Senate in the 16th Texas Legislature in 1879 and essentially re-adopted by every succeeding Senate since then, including the current Senate in the 79th Legislature," the senators said in their letter to the Republican Party of Texas. “We believe that consideration and action on any proposed change to that rule should be discussed and decided by the Republican Caucus of the Texas Senate.”

There are currently 19 Republicans in the state Senate. Benkiser said the letter was from all of the Republican members but did not specify if all 19 had actually signed it. Democrats hold the remaining 12 seats in the Legislature's upper chamber.

The uproar over the blocker bill and the two-thirds tradition, which has been a part of the Senate rules for the past 125 years, was fueled when Houston radio talk show personality Dan Patrick entered the GOP primary battle for Senate District 7 last fall and made the elimination of the two-thirds rule a top priority. State Rep. Joe Nixon, who's also a candidate for the open Houston Senate seat, declared that he too opposed the two-thirds rule and would fight to get rid of it if elected to replace outgoing State Senator Jon Lindsay. Patrick and Nixon have made promises to the state party in writing to oppose the blocker bill, according to Benkiser. She added Mark Ellis - a former Houston City Council member who's also running for SD 7 - had agreed to sign the pledge as well.

Two SD 19 candidates - Darrel Brown of Bandera and Dick Bowen of El Paso - have signed the anti-blocker bill pledge. Richmond developer Gary Gates, a candidate for an open seat in southeast Texas, has also pledged to oppose the blocker bill rule, Benkiser said in the memo to SREC members.

The blocker bill is typically a piece of innocuous legislation that's placed at the top of the Senate calendar. When the bill's sponsor doesn't asked to be recognized on it, senators with measures on the calendar below it at that point need a two-thirds vote of the Senate to go out of the regular order of business in order to have other bills heard on the floor. The lieutenant governor at that point arbitrarily decides which bills will be heard and when they will be brought up for consideration.

Lieutenant Governor David Dewhurst and senators from both parties have defended the blocker bill tradition. The rule has been credited for the Senate's civility and ability to function without partisan gridlock. Critics, however, say that the rule gives the presiding officer too much power and leads to legislation being hammered out behind closed doors instead of evolving in debate on the floor in public view.

The two-thirds rule almost tripped up Republicans when they were redrawing congressional boundaries in Texas in 2003. While a majority of senators supported the midstream redistricting effort, Democrats were able to block consideration of a new map after then-Senator Bill Ratliff joined the opposition. Dewhurst finally allowed the Senate to temporarily bypass the two-thirds rule long enough to move the new congressional plan through - and that prompted 11 Democratic members to break a quorum by fleeing to New Mexico for a month. The Senate was unable to pass a redistricting bill until one of the Democrats returned to Texas.