With what has taken place with the stages of HB3703 and HB 1365, it should be noted as to what went down, so that history knows not just the story of the bill seen online via Texas Legislature Online (TLO), but from people who were working on the frontline of this issue. When people go to that site it will show that there were house authors, co-authors, one Senate sponsor and as of this writing, 3 Senate co-sponsors. Information in a journal that is limited, and committee reports. There is a trove of information that will get lost in the sands of time if it isn’t reported on.
The TLO site isn’t going to note on the bill that passed, that there was another bill that was more inclusive that made it all the way to the senate, but didn’t get assigned to committee in time. It’s not going to tell you the complete story of HB1365. It’s not going to tell you that the other bill had more co-authors than HB3703 and included more conditions. Why is this important, because when and if the bill passes, HB3703 will be what people champion. It’s author may get more credit than they really deserve considering the behavior during the session.
HB1365 was filed in February, while HB3703 was filed exactly a month later. Both were heard in Medical Marijuana Subcommittee on the same day. When a bill is heard in committee, a witness may testify for, on, or against a the bill being discussed. Dozens of people testified for HB1365 with nobody against, while mainly everybody testifying during HB3703 were testifying on the bill, rather than for it. Yet again nobody testified against HB3703. Both bills were voted out unanimously.
HB1365 and HB3703 went to calendars where both were put on the calendar on May 03, 2019. HB1365 sat in calendars committee for one week, while HB3703 spent two days. HB1365 had it’s second reading before HB3703 and had a vote with it. HB3703 doesn’t have a recorded vote for second reading while HB1365 was voted 121-23 with amendments. On 3rd reading, HB1365 was voted 128-20 and HB3703 133-10. This is more than likely due to the fact that some members wanted a much more limited expansion than what Lucio III was offering in HB1365.
Now something to mention is that while this was going on, with debate and amendments, there were behind the scenes meetings taking place. In those meetings and even out in the open, constituents involved claimed that Rep. Klick, the author of HB3703, had stated that she believed her bill to be the only bill that the senate would accept, that it was the only bill that the governor and lt. governor would accept and allow to pass. That it had to be her bill. As well, it was rumored that Klick’s chief of staff contacted Lucio III’s chief of staff to inform them that if conditions were being added that she would kill her own bill. To which she was told to go ahead and do that if she felt inclined. One can’t play hero if their bill is pulled by themselves. There’s no record of that and that is purely unconfirmable gossip unless will step forward and take that burden. Usually something lies in between that and the truth. Lucio III had met with the governor about expansion and even Senator Donna Campbell who is an M.D. to discuss the bill and figure out how to ease the concerns of the lt. governor and governor.
About this time, TX MAMMA met with Governor Abbott about autism being on the bill and getting a bill signed in the session, and Abbott confirmed he would sign/pass whatever bill made it to his desk from the senate. The bills moved forward with HB1365 not getting a hearing on committee because it wasn’t assigned until HB3703 was given a hearing date and was never scheduled for a hearing. Behind the scenes Senator Campbell worked with the committee and lt gov. to iron out details of HB3703 to be something that everyone would accept going to the floor for debate. HB3703 was then changed to Committee Substitute HB3703 (CSHB3703) as Senator Campbell had re-written the bill to add autism, incurable neurodegenerative diseases, and terminal cancer; removed the research board component; removed the two doctor requirement; and changed prescription to be defined as an entry into the compassionate use registry. This bill was heard in the Senate Health and Human Services committee and passed unanimously.
HB3703 was placed on the intent calendar on May 21, and was debated on the floor on May 22, 2019. Senator Donna Campbell read the bill on the floor for second reading and yielded the floor to other senators to ask questions and make statements about things they took issue with on the bill. Some of the remarks were just down right devastating blows against the veteran community.
Senator Menendez started off with questioning why PTSD was being left out. The response that did not add up was that Senator Campbell said that 70% of veterans suicide autopsies showed that THC was in their system at time of death. We do not know where she got that number from, but that turned out to be not true. She did imply on the floor though that it wasn’t clear correlation causation as some may think that to be and it would need further investigation. The data on that topic shows that only 9% of veteran suicides showed to have THC in their system.
The real issue on the floor came when Senator Birdwell started asking question and stating his feelings about the bill and the future of the program. For starters, he wanted Senator Campbell to assure him that no future legislation or legislative body was going to be able to change the law and expand in a way that he or some of his constituents deemed unfit. Senator Campbell responded with tact that she could not guarantee that as the legislative body could change over the course of the next couple of rounds of legislative sessions.
Senator Birdwell then took a jab at veterans and people using them as leverage to gain access to medical cannabis, as if it was attempt to make cannabis a recreational item.
What ruins my heart most, as chairman of Veteran Affairs, is that there are those out there that would leverage in the name of compassion. Veterans who wear the scars, or the missing limbs that no one wants to say no to that would leverage that compassion and that desire not to say no to veterans. That will use that leverage, and as my discernment informs me, to the full legalization of recreational marijuana. Members, I want you to understand what I’m about to tell you, we will do a major disservice to our state and I would acknowledge this body to not let my scars or those of other veterans cause us to endorse such a policy. One of my most famous constituents, Chris Kyle, is deceased because of a multi year marijuana user who claimed in his murder trial to have PTSD. Fortunately, there were 12 Texans in that jury box from Stephenville who didn’t buy that and from the conversation you had with Sen. Lucio, about what we found in veterans who have committed suicide for THC, I want to make sure that we don’t put us down that road
CSHB 3703 was then voted unanimously by the senate, sent to the house for confirmation of senate amendments, where it passed with a supermajority of votes again, and sent to the governor on May 28, 2019.
What’s your thoughts on the 86th legislative session? Leave a comment below.