Legislative Budget Board Steps in to Restore Article X Funding for 1 Month

A legislative standing committee that has the power to make interim budget decisions will provide one month of funding to restore vetoed funds for the legislative branch.

The announcement Friday should could come as a relief to the approximately 2,100 legislative staffers who were affected by Governor Greg Abbott’s veto in June.

Abbott used his line-item veto authority to nix Article X of the General Appropriations Act, the section of the state budget that funds the legislative branch. 

He did so in retaliation for a Democrat walkout on the final night of the regular session, which prevented GOP lawmakers from passing an election bill. 

Abbott said that lawmakers shouldn’t get paid if they wouldn’t show up to work. But Democrats and some Republicans complained that it wasn’t the politicians who would suffer but the rank-and-file of clerks, aides, and professionals at legislative support agencies like the auditor’s office.

The veto had no immediate effect because the new budget covers the 2021-2022 fiscal biennium, which doesn’t start till September 1.

It was also Abbott’s plan that lawmakers would restore the vetoed funding before the current funding ran out, during a 30-day special session that took place July 8 to August 6. But the surprise Democrat quorum-break to Washington, DC, which occurred several days into the special session, left the legislative funding in limbo.

Without a quorum in Austin, it was impossible for GOP lawmakers to pass a supplemental budget restoring the vetoed funds. The 30-day session passed without progress on the issue. A second 30-day session that began Saturday provides another opportunity to find a solution.

Democrats and Republicans have wrangled over who is to blame for this impasse, with Republicans blaming House Democrats for disappearing to Washington, and Democrats saying Abbott shouldn’t have vetoed the budget in the first place, accusing him of brinksmanship, a publicity stunt, and violation of the separation of powers between the branches of government (legislative and executive).

GOP Leaders Exercise Interim Budget Powers 

Friday’s announcement of a month-long reprieve came after talks among Governor Greg Abbott, Lieutenant Governor Dan Patrick, Speaker Dade Phelan, Senate Finance Committee Chair Jane Nelson, and House Appropriations Chair Greg Bonnen.

Of those, all but Abbott serve on the ten-member Legislative Budget Board (LBB). 

Under the agreement, the LBB will transfer funding of about $12.6 million from the Texas Department of Criminal Justice to the Senate, the House, and legislative agencies such as the LBB, the Legislative Council and the Legislative Reference Library.

Abbott, Patrick, and Phelan, the ‘Big Three’ of Texas politics, each made remarks about this decision in a press statement issued by the Governor’s Office.

Lieutenant Governor Patrick stated, “as Joint-Chair of the Legislative Budget Board, I was never going to let the irresponsible runaway Democrats take paychecks and benefits away from our capitol staff who work hard every day for the people of Texas.”

Speaker Dade Phelan said, “As a former legislative staff member, I know firsthand the dedication of those who work for elected officials and our legislative agencies. Chairman Greg Bonnen and I worked with Lt. Gov. Patrick, Chair Nelson, and the Texas House and Senate to extend funding for salaries and benefits for those individuals who devote significant time and energy in service of our great state.”

Abbott took the opportunity to take another shot at House Democrats who left the state to break quorum: “Texans should not have to pay for Legislators who quit their jobs and leave unfinished business,” he said. 

“Today, funding is being temporarily restored for Legislative staff that will be necessary to pass critical legislation on the call, including COVID-19 funding for healthcare, strategies for public school education during the COVID-19 pandemic, providing property tax relief, funding our retired teachers, protecting our foster children, and securing the border.”

Senator Nelson said, “We care deeply about our staff, and this action will prevent any interruptions of their salaries or benefits during our deliberations. This is a temporary extension — which can be made permanent if legislators will show up to work in the special session.”

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