Patrick, Straus Deadlocked Over 'Bathroom Bill'

May 26, 2017

The Texas Legislature appears to be at a stalemate on a “bathroom bill” that could push the legislative session into overtime.

Refusing to go any further to regulate bathroom use for transgender Texans, House Speaker Joe Straus said Friday that the Senate can take or leave a proposed compromise it passed on Sunday — to which Lt. Gov. Dan Patrick later responded with a resounding no.

With the clock ticking on the legislative session, Straus said on Friday that the House will not appoint members to negotiate with the Senate on its proposed compromise on a “bathroom bill.”

“For many of us — and especially for me — this was a compromise,” Straus said at a Friday news conference. “As far as I’m concerned, it was enough. We will go no further. This is the right thing to do in order to protect our economy from billions of dollars in losses and more importantly to protect the safety of some very vulnerable young Texans.”

Patrick called a news conference of his own later Friday to reiterate that he is unwilling to step back from pushing for a measure that would eliminate existing policies that allow transgender Texans to use the bathrooms that match their gender identity and will force a special session, if that’s what it takes.

“He said he has compromised enough, but in fact, he has not compromised at all,” Patrick said.

After months of avoiding a vote on the divisive issue, the House on Sunday amended Senate Bill 2078 with language would’ve required school districts to provide single-occupancy bathrooms, lockers rooms and changing facilities for students who don’t want to use the ones associated with their “biological sex.”

But Patrick — who has spent months championing far-reaching restrictions on bathroom use — had said the amendment’s “ambiguous language” didn’t “appear to do much.” The Senate requested a conference committee on the bill to iron out a deal on the issue, but Straus said that won’t be happening.

"If the Senate wants to pass a ‘bathroom bill,' it can concur with the bill we passed earlier week," Straus told reporters during a Friday news conference. "The House has compromised enough on this issue.

Calling it "absurd" that "'bathroom bills' have taken on greater urgency than fixing our school finance system," Straus said the House is "availing itself" of the same actions the Senate took on school finance legislation by refusing to appoint members to conference committee on legislation originally intended to address the state's complex, outdated school funding formulas.

For months, transgender individuals residing in Texas have watched lawmakers in Austin squabble over which bathrooms they can use and have been left to wonder whether the Legislature would pull back on local protections meant to protect them from discrimination in public bathrooms and individual accommodations transgender children have obtained at their schools.

The Senate in March passed restrictive legislation that would require people to use facilities in publicly owned building based on “biological sex” — to keep transgender Texans from using bathrooms that match their gender identity — and void local ordinances that regulate bathroom use.

But that measure and a similar House proposal — House Bill 2899 — have languished in the lower chamber.

In threatening to push for legislative overtime, Patrick had deemed bathroom and property tax legislation as must-pass bills. But the House instead acted on narrower measures than those that came out of the Senate.

On Friday, Patrick continued his threat to push for a special session and said the House at a minimum should pass HB 2899. Otherwise, he’d continue to hold hostage legislation that would keep some of the state’s agencies from shutting their doors as part of a sunset review process.

“There are two must pass bills or I will allow the mistakes of the Speaker to put us into a special session,” Patrick said of the House’s tactical error in failing to pass a "sunset safety net" bill ahead of a key legislative deadline.

While Patrick is holding onto a significant bargaining chip, only Gov. Greg Abbott can call a special session. Abbott's office did not immediately respond to a request for comment.

Straus on Friday took further action on bathrooms off the table but said the House would consider appointing members to a conference committee on Senate Bill 669, onto which the House amended a narrow version of the property tax legislation Patrick was pushing for.

Straus’ decision to not appoint conferees to SB 2078 comes after days of Abbott saying he was hopeful for a compromise on property taxes and the “bathroom bill" during the regular legislative session. But Patrick made clear Friday he wouldn't compromise: "Tonight, I’m making it very clear, governor: I want you to call us back on your time."