1. Final Assessment of 64 th Texas Legislature Did They Pass The Test?

2. After 63 rd Session, Needed Serious Remedial Work Spent like Drunken Sailors No Movement on Second Amendment Tollroad mania ongoing Taxes unchanged No real border control or federal pushback Only victory was the nightmare special sessions on abortion In terms of ANY conservatism test in the regular session last time, all they did was drool on the papers and chew the erasers off all their pencils.

3. Austin’s New Legislative Landscape HUGE changes in the State Senate with Dan Patrick in charge and some old-guard replaced. The body was FAR more conservative. The House was SLIGHTY more conservative (had been the more conservative body) Because of the LACK of a full sweep in House races, Scott Turner had an impossible hill to climb in his race for Speaker. Ended up getting 19 votes only. Blocker bill removed in the Senate as a first action. Senate freshmen got GREAT assignments. Made a HUGE difference. Freshman class was full of AWESOME conservatives

4. Our NTTP Remedial Test Set a really low bar to encourage the conservatively challenged to succeed. No peeing on the carpets! We listed 7 items; a passing grade was any 5. The budget does NOT get busted- by HONEST math, not by DC-style calculation. Open carry (for at least CHL holders): Campus carry- the same way Medicaid expansion blocked again The Enterprise Fund gets stripped to a small fraction of what it is or dissolved outright. E-Verify for State Contracts Ending in-state tuition for illegal immigrants

5. How Did They Do? Item 1 Budget Grade: A- Aided by really good (probably TOO good) revenue projections from the Comptroller More money for CORE functions. Killed 8 minor state taxes (on sulfur, professional licenses, inheritance, etc.) Increased Homestead exemptions $10k (about $120) Cut franchise tax 25% across the board Ended SOME diversions of gas tax monies Killed a few small funds (the Emerging Technology fund)

6. How Did They Do? Item 2 Prevention of Medicaid expansion Grade: A Stopped it cold again this session. Lots of moderate/liberal angst about this but this is a siren song of ‘free’ money that would long-term cost Texas dearly. They tried separate bills and amendments. The GOP hung tough on this one. Considered so toxic, no bill on it saw the light of day.

7. How Did They Do? Item 3 E-Verify Grade: B- Our list included E-Verify for state contractors; what we got was E-Verify for state employees. Not identical, but a necessary first step and equivalent. This is the first time the state has admitted and acted on the need that state taxpayer money needs to go to people who are VERIFIED they can legally work in this country. Next Session: get same for state contractors and start discussion on the TOUGHEST piece – sub- contractors. Possibly tax incentives for businesses that E-Verify.

8. How Did They Do? Item 4 Open Carry for CHL Grade: B- Constitutional Carry bills and amendments got nowhere; antics of Kory Wadkins & his Open Carry group CLEARLY hurt the effort. Amendment to clarify that police cannot stop someone SOLELY for openly carrying a weapon WAS added in both houses: put up by liberty- minded folks & ethnic minority Democrats worried about profiling. Amendment was stripped in conference committee due to Police Association objections. Trying to gat Attorney General guidance on police stops of Open Carry.

9. How Did They Do? Item 5 Concealed Campus Carry for CHL Grade: C Came down to the last day with enough restrictions added to be a pale imitation of full campus carry. Universities can establish ‘reasonable’ gun-free zones. (whose definition?). Still, it IS a beginning- and the college campuses will no longer to be guaranteed target-rich zones for lunatics and rapists. Problems with Universities abusing ‘reasonableness’ will be addressed next session

10. How Did They Do? Item 6 Ending in-state Tuition for illegal immigrants Grade: F This one failed to get off the ground and never got out of committee. The LEGAL immigrants we know and have in our families who had to pay out-of-state tuition shake their head at this one.

11. How Did They Do? Item 7 End of Enterprise Fund Grade: D- The amount in the fund was reduced and the sister Emerging Technology Fund was eliminated. But Enterprise fund was just reduced a bit. Considering a number of scandals and appearances of crony capitalism in this area, one would have hoped to make greater headway.

12. How Did They Do? Unlisted Items Ended $1.3 billion in diversions of gas taxes to non- transportation usages. (Only part of the diversions.) ‘Principled conservatives’ staged big fights on the Local & Consent calendar; ‘Powers That Be’ had gotten too used to sliding through all sorts of inappropriate stuff. Jonathan Stickland- took lead, later assisted by Matt Rinaldi, Tony Tinderholt, Molly White & others. A LOT of bad bills got killed (48), others were forced to get FULL consideration. Pastor Protection Bill passed (cannot be forced to do gay marriages). ALAC (American Laws for American Courts) failed. Ending public Union dues payroll deduction failed.

13. Areas of Minimal or No Progress School Choice- in ANY form Toll way Control: only 5 of 75 bills passed Border Control: more money but likely to only benefit drug interdiction Legislative Ethics: Texas House took a good package (SD 19) and destroyed it Spending Cap: Rep. Otto totally rewrote a rather simple formula in SD9 and excluded too much. Bill failed. Red Light camera ban – killed at every point

14. Bottom Line: Did They Pass? Depends on the ‘curve’ you set; based on past performance or what we want? Based on past performance- especially last session- they DID pass the test; in Remedial Conservatism. Based on what SHOULD be possible, with GOP numbers, they have a LONG way to go. We didn’t get into these messes in a single session; We won’t get out of it that way either. Both grassroots and the establishment are learning; some in establishment are willing to listen (but some of the ‘old-guard’ are getting even nastier). Establishment beginning to realize that the Tea Party mentality is NOT going away.

15. Ugliness, Part 1 – SB19 (Ethics) Abbott wanted ethics reform and worked up an excellent package with Sen. Van Taylor. Rep. Byron Cook completely rewrote it as an attack on donors of EmpowerTexans & similar groups, as well as making or hearing recordings of legislators made in public places without everyone’s consent a crime- for the LAST 30 YEARS. Senate version got UNANIMOUS support in Senate: Cook’s passed without a majority of GOP supporting it (All Dems & 45% of GOP). Cook refused to consider the Senate version at all.

16. Ugliness, Part 2 - ALAC Cook’s State Affairs refused to vote it out of committee; Cooks refused to vote and Patricia Harless and Debbie Riddle joined the Democrats. Harless & Riddle were CO-AUTHORS. But a single family law lobbyist (Steve Bresnen) convinced them that it would ‘complicate’ things. ALAC modeled after versions currently law in MANY states. Would have EASILY passed in the full House.

17. Ugliness, Part 3: Tollway Control Sen. Nichols, Transportation Chair, simply did NOT allow any substantial toll road control measure get out of committee. Lt. Gov. Patrick was of little help. Amendments were created for major transportation bills that would have prevented state tax money from being spent on ANY tolling project. Considered double taxation, since toll collections should pay for the road. Before the bill was even taken up, Speaker Straus ruled the amendments ‘not germane’, which means they could not even be brought up for discussion, much less voted on. CLEARLY germane to funding; but Straus did NOT want an ‘uncomfortable’ discussion.

18. Ugliness, Part 4 – Pre-K In a word, Gov. Abbott weirded out on us; was non- existent the entire session- including his ‘priority’ ethics package- except for one thing; Pre-K. DEMANDED a $160 million package (out of $210 Billion) to increase Pre-K funding. Dan Patrick’s Grassroots Advisory Board came out opposed to it (miscommunicated to Dan himself) BIG embarrassing stink for Abbott & Patrick (as much HOW it was handled as by the opposition). Abbott stomped with big feet and got the bill passed Testimony by some of the supporters was ridiculous & scary. State has ‘interest’ in education from BIRTH. Parents ‘can’ be part of that.

19. Session Heroes Dan Patrick: blocker bill from 21 to 19 votes was huge! Jonathan Stickland: Killed TONS of bad legislation; a CONSTANT irritant to the old-guard and ‘the way things are’. Never backed down and fearless. Van Taylor: Ethics work was superb; killed by Cook. Matt Rinaldi: Brilliance showed though in liberty situations and coming up with great amendments. Will always be known for bringing up taxpayer funding for ‘Mongolian Death Worm’ in trying to kill the Film Fund. Honorable Mention: Rep. Harold Dutton (Democrat) for solid amendment work on the Open Carry piece out of valid concern over profiling. The entire Senate freshman class did great!

20. Session Villains Rep. Byron Cook: EASILY the worst legislator. As State Affairs Chair he killed ALAC, ending union payroll deductions & all meaningful ethics legislation. He proposed driver’s licenses for illegals. Speaker Joe Straus: made utterly unjustified declarations of amendments being ‘not germane’ on Open Carry and Transportation to prevent ‘uncomfortable’ votes. Rep. Greg Bonnen: Fought property tax relief, often ridiculed Senate work. Rep. John Otto: Killed spending cap as Finance Chair Debbie Riddle & Patricia Harless – worked with Cook to kill ALAC in committee, even as co-authors

21. Senate Breakdown GOP member did well, even several of the ‘old dogs’. All ‘passed’ on fiscal grading (though 3 were close; Bob Nichols, Kel Seliger & Kevin Eltife) Freshman class SHINED: made HUGE differences Even 3 DEMOCRAT Senators scored over 50% The difference? The 8 freshman and- most importantly- NEW LEADERSHIP! However, utter failure in toll road control and a few other issues; great advances, but room for improvement. Democrats are all old hands; consistent and forthcoming on what they want. Actually worked pretty well on the budget and a few other issues.

22. House Breakdown SLIGHT improvement; Leadership still a BIG impediment. 27-30 RINO GOP members on several occasions, joined ALL Democrats to defeat budget issues. Committee kills of good legislation more apparent with the activist Senate driving the session. 19+ ‘principled conservative’ GOP members. ROCK SOLID throughout. About 50 ‘convenience conservatives’ among GOP. When the leadership pushes them, they follow leadership. Democrats….well, are Democrats. More honest than many of the convenience conservatives and several actually CAN be worked with on liberty issues.

23. Egomaniac of 84th: Joe Pickett Joe is Straus’s Democrat Transportation Chair Jonathan Stickland killed a bill of his on Local & Consent (that didn’t belong there) Apparently one of his staff tried to set Stickland up to violate witness policy. Pickett had Jonathan removed from of a committee hearing. Bob Hall got a red light camera ban amendment tacked onto Pickett’s major transportation bill while it was in the Senate; Jonathan Stickland was a strong proponent of such bans in the House. Pickett pulled down and killed his major legislative piece, rather than give Stickland any victory. Egos of the Old Guard often trump policy.

24. Odd Bedfellows Awards Several times, principled conservatives teamed up with liberal Democrats on ‘rights’ issues; a place we as conservatives can make inroads in ‘untraditional’ areas. It also gains respect. Jeff Leach & Mary Gonzales – on Wage Theft legislation Matt Rinaldi & Harold Dutton – on police stops associated with Open Carry Jonathan Stickland & Eric Johnson – ensuring ‘in- person visitation’ for jail inmates

25. Why is Serious Progress so Hard? Simple: A full-time lobbyist herd of HUNDREDS mostly works against us. Outnumbered, outgunned. Killing bills is MUCH easier than getting them passed- by design. That’s a good thing!

26. Lessons for 2017 Work on replacing the most liberal GOP members If the block of ‘liberal’ GOP is too small or too unwilling to team up with the Democrats on key issues, the entire dynamic changes. We are talking maybe 10-12 members. Quicker result than replacing 30-40 in the ‘mushy middle’. Start work NOW on legislative priorities; get Austin minds focused in general in the directions we need to go. Need legislative champions in Austin. Having a friend like Dan Patrick on LBB (that rules things in the off-session period) will help with that. Expect budget next time will not be nearly as easy.

27. New Test for 2017 Much Harder School choice in some REAL form Reining in toll road expansions and develop toll road rollbacks on payoff Property tax relief: especially from school taxes for retired, fixed income folks who don’t use the schools ALAC Ending special interest business funds; no picking of winners & losers. End in-state tuition for illegals Expansion of E-Verify: state contracts AND as a condition of further corporate tax relief.

28. Who Isn’t Coming Back? (So far) SD24 – Sen. Troy Fraser (R-Horseshoe Bay) SD1 – Sen. Kevin Eltife, R-Tyler Reps. Bryan Hughes & David Simpson have already declared for this seat, leaving those seats (HD5 & HD7) open. HD54 – Rep. Jimmie Don Aycock (R-Killeen) HD60 – Rep. Jim Keffer (R-Granbury) HD118 – Rep. Joe Farias (D-San Antonio) HD126 – Rep. Patricia Harless (R-Houston area) HD130 – Rep. Allan Fletcher (R-Cypress) HD139 – Rep. Sylvester Turner (D-Houston)

29. Straus Running for Speaker Again His ‘last term’- just like the last two. Recently found out we got REALLY close to getting full gambling snuck in as an amendment. Actually, Democrats alerted the conservatives about it. I still feel this is what Straus wants to get passed before he leaves. What to do? Every attempt to unseat him to date has failed pretty miserably. After this session- which DID have some conservative outcomes (not nearly enough)- it will be tougher than ever to boot him.