May 13, 2005

Democrats Come Up Empty on House
Conferee Teams on Schools and Taxes

By Mike Hailey
Capitol Inside Editor

It might have sounded like spin when State Rep. Al Edwards implied that he'd voted for the school tax bill in March in order to reserve a seat for the Democrats on a conference committee that would hammer out a final plan. The veteran House Democrat suggested then that Speaker Tom Craddick would only appoint members who had supported the legislation to the negotiating panel.

Craddick Chides
Senate for Late Start
on Key Negotiations

Speaker Tom Craddick got in a jab at the Senate on Friday when setting his lineup for conference committee negotiations on school finance and taxes.

The Republican House leader pointed out that the House has been ready to get down to business with the Senate on the regular session's most prominent issue ever since it approved HB 2 and HB 3 two months ago.

But the Senate didn't move its own plans off the floor until this week. While Craddick is guardedly optimistic that deals can be reached, he suggested that the task will be harder to accomplish as a result of the relatively slow movement on the school and tax plans across the rotunda. If the legislation dies because time runs out, Craddick is making it clear where he thinks the blame should be directed.

"We passed HB 2 on March 9 and HB 3 on March 15. House members worked long hours to get these two bills to the Senate in a timely fashion, specifically so we would have plenty of time to work out any differences during conference committee," the speaker said. "The short timeline is really going to put a lot of pressure on the conferees as they begin working on this piece of legislation.

"We are dedicated to working around the clock to get the job done, but with only two weeks left in the session, we've got a difficult challenge ahead of us," the speaker said.

The Senate's defenders contend that Lieutenant Governor David Dewhurst faces a more imposing challenge in a chamber where two-thirds support is required to pass legislation. By contrast, the House only needed simple majorities, which GOP leaders there secured with few votes to spare in the face of opposition from Democrats and some Republican members.

On Friday, the prediction proved true as the Republican speaker chose five House members who'd voted for the tax shift for the team of conferees who will attempt to negotiate a compromise on taxes with the Senate during the final two weeks of the regular session.

But Edwards - the only Democrat to vote aye on House Bill 3 - wasn't among them.

The speaker instead selected five House Republicans to the conference committee on taxes. In addition to excluding Democrats who'd opposed the bill, no minorities or women were named to the House tax conference panel as well.

"The individuals that have been selected to sit on this Conference Committee have shown a passionate dedication to reforming our education finance system and have been supportive of the processes along the way that got us to this point," Craddick said in announcing the appointments Friday afternoon.

The House conferees on HB 3 will be led by State Rep. Jim Keffer, an Eastland Republican who's the chairman of the Ways and Means Committee and the author of the bill. The House tax team includes State Reps. Warren Chisum of Pampa, Charlie Geren of Fort Worth and David Swinford of Dumas.

Craddick took the extraordinary step of appointing a freshman House member to the negotiating panel that will write a plan for the first major overhaul of the Texas tax system in 14 years. But the selection of State Rep. John Otto of Dayton wasn't a major surprise because he had spent more time on the floor explaining the intricacies of the tax measure than any other member including the bill sponsor. Otto is a certified public accountant who won a Southeast Texas seat with a surprise victory over a Democratic incumbent in the general election last year.

The speaker included a female on the conference committee that will try to hammer out a final school finance plan while negotiating differences between the two chambers on HB 2.

Led by State Rep. Kent Grusendorf, an Arlington Republican who chairs the Public Education Committee and authored the bill, the House's school finance negotiators include State Reps. Dan Branch of Dallas, Dianne Delisi of Temple, Rob Eissler of The Woodlands and Bill Keffer of Dallas. Bill Keffer is Jim Keffer's brother. Branch, Eissler and Bill Keffer, who is Jim Keffer's brother, are all members of the GOP's big sophomore class.

Edwards, the only Democrat to support the tax plan on its initial trip through the House, had punched the white light for present but not voting on the two key votes on the school finance plan. The school bill passed the House without a single vote from the chamber's 63 Democrats. House conferees, as a result, will be trying to negotiate a plan that can win 76 out of 87 possible Republican votes in the lower chamber.

Senate conferees on HB 2 and HB 3 will probably be named Monday. Whoever the Senate conferees may be on those two pieces of legislation, the House can expect to outmatched in terms of overall experience by conferees in paste conference committee negotiations on major issues.

Grusendorf has been on numerous negotiating panels on a variety of issues in his 18 years in the lower chamber. He was a member of the conference committee that produced a final congressional redistricting plan in special session in 2003. Swinford and Delisi are the only two House conferees on HB 2 and HB 3 to have served on major budget-related conference committees. Delisi and Swinford were members of the House team that negotiated a state spending bill in 1997 - and they both served on the negotiating panel that produced a major government organization bill during special session in 2003. Delisi also was a member of the House team that crafted a final state budget in 1995.

Lieutenant Governor David Dewhurst will likely turn to State Senator Steve Ogden to lead the Senate conferees on the tax bll. Ogden, a Republican from Bryan, is the lead Senate conferee on the team that's been working on a final appropriations bill in conference.

Other potential Dewhurst picks for the Senate conference committee on the tax bill include State Senators Kim Brimer, Robert Duncan and Ken Armbrister. A Fort Brimer sponsored a floor amendment that made substantial changes to the business component of the Senate tax plan this week. Armbrister and Duncan, who's a Senate conferee on the state budget, are considered to be two of the Senate's most skilled tacticians on the development and negotiation of legislation. Armbrister, a Victoria Democrat, led the team of Senate conferees that attempted to negotiate a property tax relief plan during the last major fight on the issue in 1997. Duncan and Armbrister would also be logical picks for the conference committee on HB 2 as well.

State Senator Judith Zaffirini would be a logical choice for the conference committees on schools or taxes or both. The Laredo Democrat, who's vice-chair of the Senate Finance Committee, is playing a key role already as a conferee on the state budget. She's a member of the Senate Education Committee as well.

The Senate's conference committee team on the school bill will be led by State Senator Florence Shapiro, a Plano Republican who's sponsoring the legislation as the Senate Education Committee chair. Other potential Senate conferees on HB 2 include Democratic State Senators Leticia Van de Putte of San Antonio and Royce West of Dallas. West is the Senate Education Committee's vice-chair. Republican State Senators Todd Staples of Palestine, Kyle Janek of Houston and Tommy Williams of The Woodlands might be in the running for spots on the panel that will negotiate HB 2.

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