Dewhurst: I'm honoring tradition and precedent

Houston Chronicle ^ | July 31, 2003 | LT. GOV. DAVID DEWHURST

[Dog Gone]

IN a recent editorial, the Chronicle urged me to adhere to Texas Senate tradition as the Legislature addresses congressional redistricting during a special session. Of course, I will do that -- but the result may not be what the Editorial Board has in mind.

One Senate tradition is showing up for work just like every hard-working Texan does every day. Contrary to what our Senate Democrats say, there is no right in the Texas Constitution for legislators to break a quorum. In fact, the constitution provides each legislative house with the ability to compel attendance of absent members to achieve a quorum.

Another Senate tradition is completing the work at hand. Eleven of our Senate Democrats left town on July 28 before we completed the special session. That left stranded $120 million in badly needed new highway funding, $800 million that needs to be reclassified to avoid harming school districts, and $676 million that must be appropriated into general revenue. This money should be spent on public education, increasing Medicaid and CHIP medical provider reimbursement rates, and help for children, the frail and elderly.

When Senate Democrats fled the state, they tried to claim that Senate tradition always requires a two-thirds vote on any matter. That's partisan spin. Tradition and precedent actually dictate that the two-thirds vote should not govern in redistricting, particularly in special sessions.

In 1971, 1981 and 1992 special sessions on redistricting, Lt. Govs. Ben Barnes, Bill Hobby and Bob Bullock did not require a two-thirds vote on redistricting. In fact, the two-thirds vote was not used in at least 20 special legislative sessions in the last half-century alone.

The situation facing a 1992 redistricting special session was almost identical to that faced by the Legislature this summer. A three-judge federal court in late 1991 had drawn a state legislative map that most Senate Democrats found objectionable. The court map, one publication said, dramatically shifts the balance of power in the Senate, creating at least the opportunity for a Republican majority.

At a special session called by Gov. Ann Richards starting Jan. 2, 1992, Lt. Gov. Bob Bullock, a Democrat, publicly announced that he did not have 21 votes, or a two-thirds margin, to change the court map. So he purposefully abandoned the two-thirds tradition, establishing what we now know as the Bullock Precedent.

There were only nine Republicans in the 31-member Senate at the time, but three Democrats also preferred the court-drawn map. But none of the 12 senators refused to participate in the process. They didn't run away to New Mexico or Oklahoma. Instead, they stayed and fought for what they believed in. In the end, the majority approved its Senate map by an 18 to 12 vote, well short of the two-thirds usually required.

Interestingly enough, with Democrats in the majority, there were no editorials written in 1992 demanding that the two-thirds vote be maintained.

Congressional districts in Texas today are essentially those drawn by a partisan Legislature in 1991. At that time, a national publication called the Texas map the most outrageously gerrymandered redistricting effort in the nation, resulting in Democratic strength in our congressional delegation well beyond its representation among voters.

Our congressional lines are even more outdated today. When the Legislature failed to draw new lines to accommodate Texas' two new congressional seats in 2001, the job fell to a federal court. The judges made the fewest changes possible to the existing 1991 map, in essence protecting incumbents.

Democrats, now in a minority, understandably want to cling to that 1991 map for as long as possible. But the plan's integrity, always dubious, is now in tatters. It's even more unrepresentative today, thanks to population changes, voting trends and distortions caused by incumbency, including taxpayer-paid staff, free mailing privileges, fund-raising advantages and media coverage.

The result is unfair representation. For example, a strong majority of Texas citizens support President Bush and his policies, while the majority of the state's congressional delegation does not.

State legislators, elected representatives of the people, have a constitutional duty to draw legislative seats. Even the president pro tem of the New Mexico Senate -- a Democrat and one of our senator's Albuquerque hosts -- declared earlier this year that redistricting should be done by legislators, not by the courts.

The two-thirds vote is a useful management tool employed by lieutenant governors to encourage consensus, bipartisanship and civility in the Texas Senate during debate on policy legislation that affects Texas citizens. I value that tradition and will do everything in my power to retain it.

But as Lt. Govs. Bullock, Barnes and Hobby and others have recognized, that tradition must be set aside on redistricting, particularly in special session. I will honor the precedents created by virtually all lieutenant governors -- my predecessors -- over recent decades. At the end of the day, in a democracy, the majority decides.

Dewhurst, a Republican, is lieutenant governor of Texas.

[Texas_Jarhead]

alright

[mtbopfuyn]

Declare the seats vacant and call for a vote. As was stated, the majority rules.

[Dog Gone]

fyi

[deport]

A little info from a different direction......

[justlurking]

Declare the seats vacant and call for a vote.

It would be a nice resolution, but it's not possible.

Read the Election Code, especially this part.

There's no provision to declare an office vacant. Vacancy occurs only on death, resignation, declination, or removal. Resignation and declination require an overt declaration by the office-holder.

Removal requires action by a court or tribunal. I haven't found any basis for either to act.

When this is all over, I expect there will be legislation introduced next session to provide the basis for an office to be declared vacant if these tactics are used again.

[MeekOneGOP]

Way to go, Lieutenant Governor Dewhurst !!

Dewhurst: I'm honoring tradition and precedent

Excerpt:

When Senate Democrats fled the state, they tried to claim that Senate tradition always requires a two-thirds vote on any matter. That's partisan spin. Tradition and precedent actually dictate that the two-thirds vote should not govern in redistricting, particularly in special sessions.

In 1971, 1981 and 1992 special sessions on redistricting, Lt. Govs. Ben Barnes, Bill Hobby and Bob Bullock did not require a two-thirds vote on redistricting. In fact, the two-thirds vote was not used in at least 20 special legislative sessions in the last half-century alone.

The situation facing a 1992 redistricting special session was almost identical to that faced by the Legislature this summer. A three-judge federal court in late 1991 had drawn a state legislative map that most Senate Democrats found objectionable. The court map, one publication said, dramatically shifts the balance of power in the Senate, creating at least the opportunity for a Republican majority.

At a special session called by Gov. Ann Richards starting Jan. 2, 1992, Lt. Gov. Bob Bullock, a Democrat, publicly announced that he did not have 21 votes, or a two-thirds margin, to change the court map. So he purposefully abandoned the two-thirds tradition, establishing what we now know as the Bullock Precedent.

There were only nine Republicans in the 31-member Senate at the time, but three Democrats also preferred the court-drawn map. But none of the 12 senators refused to participate in the process. They didn't run away to New Mexico or Oklahoma. Instead, they stayed and fought for what they believed in. In the end, the majority approved its Senate map by an 18 to 12 vote, well short of the two-thirds usually required.

Interestingly enough, with Democrats in the majority, there were no editorials written in 1992 demanding that the two-thirds vote be maintained.

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[Flyer]

One Senate tradition is showing up for work

Laugh! Get 'em Dewhurst.

[MeekOneGOP]

Thanks for the post and ping !!

Photos taken from the Texas Senators of the 78th Legislature website.

The 11 Obstructors:

Gonzalo Barrientos, Austin/Rodney Ellis, Houston/Mario Gallegos Jr., Houston

Juan "Chuy" Hinojosa, McAllen/Eddie Lucio Jr., Brownsville/Frank Madla Jr., San Antonio

Eliot Shapleigh, El Paso/Leticia Van de Putte, San Antonio/Royce West, Dallas

John Whitmire, Houston/Judith Zaffirini, Laredo

---

The Lone Democrat that is staying:

Kenneth Armbrister, Victoria

[MEG33]

Take that Houston Commiecal!

[Eaker]

Ping!

[grobdriver]

One Senate tradition is showing up for work just like every hard-working Texan does every day.

Yer talking the talk - now walk the walk!

DO IT!

[Theodore R.]

This is an excellent post. Of course, the media wants the 2/3 rule maintained only when Republicans are "in power."

[MeekOneGOP]

Here is a list of recent articles on Redistricting:

FR Search: Keyword "Redistricting"

07-31-2003
Dewhurst: I'm honoring tradition and precedent

07-29-2003
Democrats bolt again – to New Mexico
(Senators trying to halt new special session on redistricting)

Link to pics of the 11 Democrat Senators that Obstructed Redistricting
(Post #4)

07-28-2003
Session ends as 11 Democrats slip out
(Dem's Flee state again!)

07-26-2003
GOP effort to redraw districts is crushed
[Texas redistricting]

07-24-2003
Democrats may be free to flee - constitutionally protected, says lawyer

07-24-2003
As new Texas redistricting map offered,
Dewhurst says compromise is in the air

07-23-2003
Committee passes redistricting bill (Texas)

07-23-2003
Texas Republican Senators Forge Ahead on Congressional Redistricting Plans

07-19-2003
[Texas] Senators talk of boycotting any redistricting session
Mr. Dewhurst said he would be on solid ground in working around the Senate tradition requiring a two-thirds vote to take up a bill. The late Lt. Gov. Bob Bullock, a Democrat, did the same thing in a 1992 special session on legislative redistricting, Mr. Dewhurst said.

07-18-2003
New map, same pain for Dems
(Texas Redistricting fun)

07-17-2003
New map surfacing in Texas Senate

07-16-2003
Dewhurst at crossroads on redistricting in Texas Senate

07-15-2003
Ratliff joins Democrats to oppose redistricting
The state Republican Party was quick to point out that the [2/3rd’s] rule has been abandoned on occasion – such as when the Senate took up a state senatorial redistricting plan in 1992.

07-09-2003
DROP IT -- Redistricting would benefit few Texans, harm many
(Editorial)

07-08-2003
Senators have problems with House redistricting map - Texas redistricting

07-08-2003
House passes remap
Veteran Democrats may lose seats if bill goes through Senate

Above article is worthy of showing that a picture indeed is worth a thousand words:
First the Chicken D’s run away to Ardmore, Oklahoma. That didn’t work, so here they are,
still having a fit during the Redistricting debate:

As King began his argument for the new congressional boundaries Monday afternoon, about 30 Democrats in the gallery donned white socks as hand puppets to mock King. Every time he spoke, the little white mouths flapped.

07-07-2003
TEXAS REDISTRICTING--Vote TONIGHT!

07-07-2003
Race rhetoric stokes Texas redistricting fire

07-07-2003
Tension may soar as map debate hits House floor - Texas redistricting

07-06-2003
House panel quickly passes Republican redistricting plan -
map likely to unseat six Democrats

07-04-2003
New GOP map restores (Rep. Martin Frost's) district

07-03-2003
Republicans pull proposed map - redistricting

07-03-2003
Chamber of Commerce and GI Forum Hire Temps to Testify

07-02-2003
The Great Texas Power Grab - redistricting

07-01-2003
Tx Democrats Trying Fight, Not Flight, Over Districts
(The-Terrific-Texan-Special-Session)

[VRWCmember]

Too bad the newsies won't report this. They'll only play the demwit sound bites.

[TheGrimReaper]

I'm nearly stunned that the Houston Comical even printed Dewhurst's commentary.
Maybe just trying to maintain that pretense of fairness?

[bigfootbob]

"...I expect there will be legislation introduced next session to provide the basis for an office to be declared vacant if these tactics are used again."

Does this require a 2/3rd's majority to pass? Would this not be a hard sell in a divided house?

[MeekOneGOP]

I was wondering too. I bet Dewhurst (or someone) had to do some arm twisting.

[justlurking]

Does this require a 2/3rd's majority to pass? Would this not be a hard sell in a divided house?

In the Senate, yes.

I don't expect it to pass. But, a lot of legislation is introduced with no real hope of being enacted.

I haven't yet looked at the voting patterns in the state senate districts of those that ran way to NM. But, unless the shift in voting patterns of Texas is reversed, I expect there will be the votes to pass it in the future.

[Dog Gone]

I suspect this was submitted as a letter to the editor by Dewhurst. The Chronicle would be hard-pressed to decline printing a letter written by a state official, regardless of how much they disagreed with it.