Texas Weekly

1. ?? Speaker Phelan creates 8 policy working groups for top House policy issues

Speaker Phelan announced last week the formation of eight working groups to tackle complex issues ahead of the 89th legislative session.

The 8 issues deemed necessary of extra attention are:

• Budget reform
• Childcare accessibility & affordability
• Water supply & infrastructure (including nuclear)
• Support for law enforcement
• Veterans services
• Healthcare infrastructure & access to care
• Housing availability & affordability
• Property & casualty insurance

Why it matters: The objective of these working groups is to provide a nonpartisan, constructive forum for members with interest in specific policy areas to brainstorm ideas, explore solutions, and collaborate with colleagues ahead of the session.

Go deeper: This gives Capitol watchers a view into the issues the Speaker sees as the most pressing for Texas and the upcoming session. Most of these issues we already know are on the top-of-mind for Texas leaders, including housing affordability, water, and property insurance. But some - like nuclear’s role in water supply and infrastructure - are somewhat newer issues gaining the focus of lawmakers.

What’s next: Participation in the working groups is optional but also open to current and prospective House members (no staff). The working groups will meet in person at the Capitol starting later this month. Speaker Phelan’s letter says interested members should email their preferences by October 22.

One more thing: Speaker Dade Phelan has announced several staffing changes within his administration’s policy and general counsel offices. The changes are as follows:

• Danny Mittnacht has been promoted to director of policy, following the departure of current policy director and senior counsel to the House Margo Cardwell.
• Jimmy Skipton is rejoining Speaker Phelan’s administration as general counsel to the Speaker and director of special projects, with Jason Briggs serving as general counsel to the House.

2. ? Texas death row inmate - scheduled to be executed last week - is subject of House hearing today

Texas death row inmate Robert Roberson, sentenced to death for the 2002 killing of his 2-year-old daughter Nikki Curtis and scheduled for execution last week, is the subject of a Texas House Committee hearing today after his execution was halted amid claims of innocence.

Walk me through the last week:

• Roberson was set to be executed on Thursday, October 17.
• On Wednesday, the Texas House Committee on Criminal Jurisprudence voted unanimously to subpoena Roberson and set a hearing for Monday, October 21.
• On Thursday, hours before Roberson was set to die, the House lawmakers asked the Texas Supreme Court to halt Roberson’s execution to allow him to respond to the subpoena.
• Roberson’s execution was halted by the Texas Supreme Court late last week, with the Court ruling that the temporary restraining order issued by the district court could stay in place.
• The House Criminal Jurisprudence Committee hearing is going on right now - watch live here.

The big picture:

• Prosecutors argued that Curtis died from shaken baby syndrome, while Roberson's attorneys assert her bruising resulted from pneumonia complications, not abuse. Roberson’s defenders point out that many experts say that “shaken baby syndrome” is no longer supported by scientific evidence.?
• Nearly 90 lawmakers, medical experts, and well-known names such as Dr. Phil and author John Grisham called on Texas to stay Roberson’s execution, but clemency requests were rejected. Despite efforts to secure his release through the state’s junk science law, which allows for the re-examination of evidence, all applications under this law have failed.

What else: Today Governor Greg Abbott’s Office filed an amicus brief in the matter, condemning the Texas lawmakers for their actions.

• The Governor’s brief said that “[u]nless the Court rejects that tactic, it can be repeated in every capital case, effectively rewriting the Constitution to reassign a power given only to the Governor.”
• “Each branch of government has legal authority to do different things that may create hurdles for the other branches, but that does not equate to a separation of powers breach," the filing states.

Go deeper: The saga has raised separation of power questions that involve the Governor, Texas Legislature, Supreme Court, and state district courts, and may take weeks or months to resolve - which means Roberson’s execution could be delayed weeks if not months.

• The Supreme Court’s preliminary decision is unlikely the final word on whether and for how long a legislative body can use its processes to halt the executive branch’s enforcement of the judicial branch’s sentencing.

?? Election news…

• Early voting starts today! The Texas Secretary of State’s Office has a “My Voter Portal” where Texans can find early voting and Election Day polling locations. The website also provides sample ballots and information on what forms of voter ID Texas accepts. Click here to access.
• Crestline’s “Election Preview” will hit your inbox tomorrow, so be on the lookout for that!

?? More news

• Texas' labor force reached a record high of 15.45 million in September, with over 29,000 jobs added that month, totaling 327,000 new jobs over the past year. The state's job growth rate of 2.3% outpaces the national average by 0.7 percentage points, while the unemployment rate remains steady at 4.1%, matching the national rate. In the San Antonio-New Braunfels metro area, unemployment decreased to 3.8%, with job growth driven by the government and construction sectors. The professional and business services sector led statewide job additions, followed closely by education, health services, and construction. All 25 major metro areas in Texas saw a drop in unemployment rates, with Midland having the lowest at 2.6% and Beaumont-Port Arthur the highest at 6%.

?? On our calendars…

The House Committee on Criminal Jurisprudence will hold a meeting on October 21st at 12 PM in Hearing Room E2.010 to hear the following:

• Criminal procedure related to capital punishment and new science writs under Article 11.073, Code of Criminal Procedure

?? Texas History Fact of the Week

On October 20, 1807, the treason trial of Aaron Burr, former vice president of the United States and a minor player in Texas history, came to a characteristically ambiguous ending. After leaving the vice presidency in 1804, Burr made a tour of the western states and became leader of a conspiracy supposed to have been aimed toward an invasion of Texas. He was arrested for treason and, after a prolonged trial, Justice John Marshall ruled that while Burr was not guilty of treason, he was guilty of contemplating an invasion of Spanish territory. Burr's exact intentions have never been ascertained, but they probably included crossing the Sabine River and marching across Texas.