Good morning –

At least two public universities in Texas seem to be trying to sneak a vaccine passport through the backdoor.

We’ll get to that in today's Texas Minute.

– Michael Quinn Sullivan 

Thursday, August 19, 2021
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Still Nothing

• For the 36th day in a row, the Texas House was again unable yesterday to conduct legislative business because House Speaker Dade Phelan and the Republican majority have refused to actually compel the Democrats’ attendance. Not a single Republican lawmaker has attempted to force Phelan’s hand on the matter, and not a single Democrat has been arrested – despite a show-vote by the GOP early last week.
      
• Counting today, there are 18 days remaining in this special session – the second of the summer – called by Gov. Greg Abbott to address items lawmakers failed (or refused) to address in the regular session earlier this year.
      
• If Gov. Abbott is serious about forcing the Democrats’ hand, he could declare their seats vacant and call special elections in those districts to occur within 30 days. Any DEM incumbents wanting to prove they are still the officeholders? Show up for a deposition at the Capitol.

• On the other hand… If Democrats can have dead people’s votes count in elections, why can’t House Republicans count dead or former legislators toward the quorum?

Naming Names

• Over the past two weeks, a growing number of school districts, cities, and counties began issuing their own local mask mandates. These mandates are in defiance of an executive order from Gov. Greg Abbott expressly prohibiting them.
      
• Though the state legislature had the opportunity to put an official ban on mask mandates from local officials into law, the GOP-dominated Texas House voted down such a proposal earlier this year. This leaves Abbott’s executive order as the only check available on local governments.
      
• As Brandon Waltens reports, the office of Texas Attorney General Ken Paxton is maintaining a list of those entities – with the implied threat of future legal action.
        
• According to Paxton’s office, these are “Gov­ern­ment Enti­ties Unlaw­ful­ly Impos­ing Mask Mandates”:

* Indicates currently not in compliance; letter sent by the Texas Attorney General’s Office.
^  Previously noncompliant; reportedly now in compliance.

• If Gov. Abbott is serious about forcing compliance with his orders, he’d have Texas Comptroller Glenn Hegar not send any state funds to those wayward entities. If he is serious, he can hit them in the wallet.

Backdoor Vaccine Passports

• At least two of Texas’ publicly funded universities seem to have found a way to usher in vaccine passports.
      
• Texas A&M and the University of North Texas have issued guidance that requires all students to participate in COVID-19 testing programs, under threat of suspension or expulsion, unless the student produces proof of having had one of the COVID jabs.
      
• “Students reported for failing to comply,” according to A&M’s policy, would face “possible separation (i.e., suspension or expulsion) from the university.”
       
• As UNT puts it, “Vaccinated individuals can opt-out of the mandatory testing requirement by uploading proof of vaccination by Sept. 10.” The school’s president – Neal Smatresk – had attempted to require masks on campus, in compliance with the City of Denton’s orders. That requirement is gone; apparently Smatresk decided that, as a state agency requiring state funds, his boss wasn’t the mayor.
      
• Meanwhile, the University of Texas is not providing an “out” from its mandatory testing for students who have had one of the COVID-19 shots.

Even Without District Boundaries, 2022 Races Take Shape

• While the Texas Legislature remains paralyzed and unable to conduct legislative business due to a continued lack of quorum in the Texas House of Representatives, the list of challengers to sitting Democrat and Republican lawmakers is beginning to grow. Jeramy Kitchen reviews the races brewing against the incumbents of both parties.
       
• Not surprisingly, nearly all the known contests are for seats in the dysfunctional Texas House, where Republicans and Democrats alike have obstructed action on reforms favored by conservative grassroots activists.
      
• The only GOP senator with announced opposition is Senate District 31’s incumbent Republican-of-convenience Kel Seliger (Amarillo). Two candidates have already emerged against him.
   
• Meanwhile, the date for voters to consider a series of amendments to the Texas Constitution has been officially set for Nov. 2, 2021. 

Austin, California

• Thanks to the compounding effect of the poor decisions made by Austin’s Democrat-run city council, Texas’ capital city is poised to be the least affordable place to live in the United States outside of California. Jacob Asmussen reports on the findings of a new study issued by the real estate company Zillow.

• Please join me in wishing a very happy birthday to my brother-in-law, Torrey… and congratulate him receiving his Master’s Degree from the U.S. Naval War College!

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