In part one the dueling property tax plans and the positioning of the House, Senate, and Governor were examined. Next is examining how we got to this point and the optics associated with the impasse.
Politically how did we arrive at this impasse
The current battle is unusual because the Governor and Lieutenant Governor have usually kept any dirty laundry behind closed doors. This is good governance. Doubtless there have always been significant differences between the two, but they were always able to work it out behind closed doors. Part of the problem is the two have distinctly different governance styles. Lieutenant Governor Patrick has a radio show background and isn’t afraid to mix it up. He is a strong leader and a strong personality. With the exception of Covid, Governor Abbott was, at least publicly, more of a facilitator and wielded his influence and power in a gentler manner. He also is a strong leader, but he led from a quiet confidence businesslike approach. His staying out of the debate between the House and Senate plans is a great example of the facilitator businesslike leadership he uses. Only this time it didn’t work.
Governor Abbott is the only person who can call a special session. However, he’s not a legislator and Lieutenant Governor has a history of forcing Governor Abbott’s hand to call a special session over issues. Part of this is because of the Hobby rule. Senate bills have to be taken in order during the special session, and it requires suspending the rules to take bills out of order. This means the minority party has more influence and can stop legislation that would otherwise pass out of the Senate. The Hobby rule doesn’t apply in the special session since only the issues of the call of the session. In order to make sure items he wanted passed would pass Lieutenant Governor Patrick would not allow necessary legislation pass in regular session so a special session was necessary.
The tension has now come to the surface and it is not being contained. We probably never will know how this came to be. Maybe it’s pent up frustration on Governor Abbott’s part from Lieutenant Governor Patrick forcing his hand regarding special sessions. Maybe it’s a residual effect of how Governor Abbot governed during Covid, and he now holds the belief that if compromise can’t be reached brute political force is acceptable. Maybe it’s Lieutenant Governor Patrick and Speaker Phelan have come to have personal animosity given Speaker Phelan’s decidedly more moderate bent.
Optics
No way to sugarcoat it; the optics of the battle are horrific. This is an ugly intraparty fight, and it is being fought in a manner that is laid bare for the public to see. The way this has transpired likely leaves some permanent damage. On the surface level, it looks like petty politics. Everyone agrees that property taxes are too high, but intraparty fighting is keeping relief from reaching Texans. It looks like the adult version of my two year old twins fighting over who gets to bring me my boots when we are going for a walk. The everyday Texan sees a failure to compromise on how a shared goal to help them is preventing relief. While not accurate, it will be viewed by some as a battle for who gets credit for delivering the tax relief.
Governor Abbott looks especially bad. Not only was he unable to assert himself as leader of the party, but he also has engaged in significant executive overreach. By making the special session call where it only can consider compression he effectively has acted in a legislative capacity declaring the legislative policy. This is an affront to the separation of powers. Making matters worse, the veto campaign to compel action is an exercise in brute political force. No one likes brute political force. The everyday Texan may not remember the vetoes next cycle, but individuals who are impacted by a veto will.
No one wins the optics battle, but opportunity exists to come out looking more like a statesman going forward, as well as the opportunity to look more childish depending on how the situation develops. Lieutenant Governor Patrick has the best opportunity to emerge looking the best. He has to conduct the impeachment trial. This affords him the opportunity to publicly strike a cooperative tone and say he is consulting with the Governor regarding subsequent special sessions and the impeachment trial. Ever better, he has the opportunity to control the situation by saying he is calling the trial in the near future to give everyone a chance to step back and let tensions regarding the tax plans cool down in hopes of a path forward. Whoever starts looking like the adult in the room comes out looking better.
Next, a look at how the issue will partially define the party going forward, and the consequences of the fighting.