References to sexual orientation, gender identity to be removed from TX anti-bullying bills

Chuck-Smith
Chuck Smith

Specific references to LGBT youth will be removed from two anti-bullying bills backed by Equality Texas to improve their chances of passage and de-politicize the issue, Instant Tea has learned.

One of the bills, House Bill 224 by State Rep. Mark Strama, D-Austin, is scheduled for a committee hearing Tuesday.

Chuck Smith, deputy director of Equality Texas, said Monday that a substitute for HB 224 will be introduced during the hearing that removes all enumerated categories — including sexual orientation — from a provision requiring school districts to report incidents of bullying to the state.

Instead, the substitute bill will direct the Texas education commissioner to specify what types of bullying must be reported. Smith said enumerated categories will also be removed from a companion bill in the Senate, SB 242 by Sen. Wendy Davis, D-Fort Worth. Davis’ bill as originally drafted included both sexual orientation and gender identity/expression.

“If they were all there it likely wouldn’t pass,” Smith said, referring to the enumerated categories. “At the end of the day, the reporting part is not important compared to the rest of the guts of the bill.”

HB 224 and SB 242 would establish uniform definitions for bullying and cyberbullying in the state education code, and require districts to create training programs for students, parents, staff and volunteers. The bills would also allow officials to transfer bullies to different classes or campuses than their victims.

Strama’s HB 224 is scheduled for a hearing at 2 p.m. Tuesday in the House public education committee. It’s one of three bills backed by Equality Texas scheduled for committee hearings Tuesday.

HB 172, by Rep. Marc Veasey, D-Fort Worth, would launch a study on the effectiveness of the James Byrd Jr. Hate Crimes Act. HB 172 is scheduled for a hearing at 10:30 a.m. in the House criminal jurisprudence committee.

HB 130, by Rep. Carol Alvarado, D-Houston, would incorporate an anti-bullying hotline into the state’s existing Texas Abuse/Neglect Hotline. HB 130 is scheduled for a hearing at 2 p.m. in the House human services committee. 

Smith said it’s unlikely that any of the bills will be voted on Tuesday. You can watch committee hearings live on the Legislature’s website. For more information on Equality Texas’ legislative agenda, go here. To register for the group’s lobby day on Monday, March 7, go here.

UPDATE: The full text of the substitute bill is here. Smith also had this to say on Facebook:

“I would have preferred a headline like, ‘House Public Ed Committee to hear landmark anti-bullying bill that will protect every child based upon any actual or perceived personal characteristics, behavior, or belief.’ That’s what’s IN the bill and EVERY child will be protected. The enumerated references were removed from reporting guidelines, not who is covered by the bill.”

—  John Wright

TX Lege: Pro-LGBT bills see ‘flurry of activity’

Chuck-Smith
Chuck Smith

It’s been a good week for pro-LGBT bills in the Texas Legislature.

Three bills backed by Equality Texas were referred to House committees and another three were filed as lawmakers started getting down to business in the 2011 session.

“There was kind of a flurry of activity this week,” said Chuck Smith, deputy director of Equality Texas. “The lower your bill number is, the greater opportunity you have to have a committee hearing sooner rather than later. It’s possible that either the birth certificate [bill] or some of the bullying bills may have hearings in the next couple weeks, and that’s certainly positive.”

HB 415, by Rep. Rafael Anchia, D-Dallas, would allow same-sex parents to record both of their names on an adopted child’s birth certificate. The bill was referred Wednesday to the House Committee on Public Health. Two years ago, Anchia’s birth certificate bill received a very favorable hearing in the same committee, Smith said.

“There’s a decent chance we could have another good hearing. I’m hopeful that we might be able to win a vote in that committee,” he said, adding that testimony two years ago came from children of same-sex parents who told legislators they merely want accurate birth certificates. “It’s a pretty straightforward and compelling argument.”

—  John Wright

UPDATED: DADT vote could come Thursday

UPDATE: We’ve posted a full story on today’s vote here.

The Defense Authorization Act containing a repeal of “don’t ask don’t tell” is one of three bills scheduled for a cloture vote in the Senate beginning at 11 a.m. Eastern time, or 10 a.m. Dallas time, on Thursday, according to a Senate calendar released Wednesday night. The first of the three bills scheduled for a cloture vote is the DREAM Act, which passed the House on Wednesday but is not believed to have enough votes to overcome a filibuster in the Senate. As for the Defense bill with DADT repeal attached, all eyes will be on Maine Republican Sen. Susan Collins, whose misgivings prompted Majority Leader Harry Reid to postpone a planned vote Wednesday evening. Read Collins’ statement from last night here. Below are the Senate orders for today via AmericaBlog:

∙The Senate will convene at 9:30am and proceed to consideration of the motion to proceed to the Development, Relief, and Education for Alien Minors (DREAM) Act of 2010 (S.3992), with ten minutes reserved for Senator Durbin, and the remaining time until 11:00am equally divided and controlled between the two Leaders, or their designees.

∙At 11:00am, the Senate will proceed to a series of up to three roll call votes on the following:

o The motion to invoke cloture on the motion to proceed to the Development, Relief, and Education for Alien Minors (DREAM) Act of 2010 (S.3992).

o The motion to invoke cloture on the motion to proceed to the James Zadroga 9/11 Health and Compensation Act of 2010 (H.R.847).

o Reconsideration of the motion to invoke cloture on the motion to proceed to Defense Authorization Act for Fiscal Year 2011 (S.3454).

UPDATE: As of 11:15 a.m. Dallas time, the Defense bill was on hold indefinitely as negotiations between Reid and Collins continued. However, the tax bill was expected to arrive on the Senate floor within an hour or so. The tax bill could delay consideration of the Defense bill, but it would also address one of Collins’ main concerns — that the tax bill be dealt with first.

—  John Wright