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Texas House Democratic leader wants to leverage GOP priority bills to advance their agenda

The emailed memo lays out an aggressive approach from the Texas House Democratic leader.

AUSTIN — The leader of the House Democrats wants to leverage legalized gambling, property tax cuts and several GOP-backed bills to advance their own agenda this year, according to a strategy memo obtained by The Dallas Morning News.

In a letter dated Monday, Texas House Democratic Caucus Chairman Trey Martinez Fischer lists 14 bills and resolutions he says Democrats can use as bargaining chips this session. The list includes six bills and resolutions to legalize casino gambling and sports betting in Texas, one to provide retired teachers with a cost-of-living increase and a priority bill to cut property taxes.

Each requires two-thirds support of the House and Senate to become law, which means they need Democrats’ votes to pass. The gambling bills will be debated for the first time in a House committee Wednesday.

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“I cannot emphasize enough that these votes are a rare and powerful opportunity that we have not had in past sessions and will not have in future sessions,” wrote Martinez Fischer, D-San Antonio, urging his caucus to stay united. “Members, we have an incredible opportunity to leverage significant outcomes for our constituents if we stay together and hold the line.”

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Cassi Pollock, spokesman for House Speaker Dade Phelan, declined to comment. Spokespeople for the governor and lieutenant governor did not respond to emailed questions.

Among Democrats’ priorities are bills to increase public education funding and restrict gun sales to minors, according to the memo. They also want to kill legislation aimed at undermining LGBTQ rights, city ordinances, and diversity, equity and inclusion programs.

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Martinez Fischer’s strategy memo comes on the heels of an email he sent this month warning his caucus to consider how expanding gambling could benefit GOP opponents.

University of Houston political science professor Brandon Rottinghaus says the new caucus chairman’s tactics are unsurprising.

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“People who voted for [Martinez Fischer] wanted to see a more aggressive Democratic Party in the Legislature,” Rottinghaus said. “There’s some risks to pursuing this, but as long as they’re unified it gives them strength.”

‘Standard politics’

Martinez Fischer’s memo proposes targeting a hodgepodge of bills that Gov. Greg Abbott, Lt. Gov. Dan Patrick and Phelan have all supported. One of the most prominent is a bill to provide significant property tax relief to Texas homeowners.

“I have spoken to House leadership multiple times about the state of play as I have with you,” the Democratic leader wrote. “They know what we know — leadership needs the votes of the Democratic caucus to pass their priorities.”

Martinez Fischer declined to elaborate on those conversations, but he believes the party has a unique opportunity this session that it has not had in previous sessions.

“This notion of being able to exercise our leverage, I’ve been talking about this with the caucus for as long as we’ve been in session,” Martinez Fischer told The News on Tuesday.

Also on the list of bargaining chips: bills to provide Texas teachers with a cost-of-living adjustment, with those 70 years old or older also receiving a $5,000 supplement; and billions of dollars for water, infrastructure, broadband and higher education projects. While Democrats support this funding, Martinez Fischer said the legislation can and should be improved.

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Some of the targeted proposals, like the gambling resolutions, are constitutional amendments that require two-thirds support or 100 of 150 members of the House. Many of the others propose spending that, if not packaged in a constitutional amendment, would exceed a nearly 45-year-old “tax spending limit” in the Texas Constitution. To avoid busting the cap, Republicans can submit constitutional amendments to voters in the fall.

There are 86 Republicans in the House. For the Democrats to exert leverage, they have to stick together. They can’t afford more than 13 desertions.

Rep. Gene Wu, D-Houston, the first vice chair of the caucus, described the strategy as “standard politics” and said this isn’t the first time Democrats have exerted their leverage to move an agenda.

“We’re the minority party in Texas,” Wu said. “We control no statewide offices and we’re not in charge in each chamber. It has always been our strategy, successful strategy, to leverage whatever power that we have.”

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What do Democrats want in return? The memo lists border, voting and property rights bills as key targets.

Rep. Craig Goldman, the chair of the House Republican Caucus, said he does not think the Democrats will be able to stall GOP priorities. Goldman said he had not seen the memo.

“In my 10 years here, we consistently pass bipartisan legislation for the benefit of all Texans,” said Goldman, R-Fort Worth.

Rottinghaus said the Democratic Party’s leverage would depend on all members working together. He cautioned that Martinez Fischer’s aggressiveness might also backfire.

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“One kind of problem here is you’re telegraphing your moves in terms of where you plan to hold things up,” Rottinghaus said. “They’re telling Republicans what they are going to do and where they are going to do it.”

Targeting gambling

Martinez Fischer started laying the groundwork for this strategy this month, when he sent an email solely addressing proposals to legalize gambling in Texas. He urged caution among members of his party — reminding them the GOP would need their support to get to 100 votes — and warned the legislation would benefit the Republican party and its allies.

In the memo, Martinez Fischer specifically pointed out the disparity in campaign contributions made by casino operator Las Vegas Sands. Of the $3.1 million that Sands donated last year, more than half went to Republicans despite Democrats “pivotal and indispensable role in this debate,” he wrote.

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“It is worth noting that the folks that will profit most from the expansion of casinos in Texas are prolific Republican donors both in-state and nationally,” Martinez Fischer wrote. “I have always believed that people will treat you the way you let them, and I believe we need to assess the implications.”

The tone of the email rubbed some members the wrong way.

Ana Hernandez, a Houston Democrat and vice chair of House State Affairs, said Martinez Fischer should not have mentioned the donations in an email discussing voting strategies.

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“I don’t believe we should ever discuss campaign contributions in the same sentence with our votes,” she said.

Fort Worth GOP Rep. Charlie Geren, the author of one of the constitutional amendments to legalize casino gambling, agreed: “To talk about political contributions and votes in the same conversation, I just have a problem with that.”

Geren said he’s confident that his bill will pass committee and has a good chance of getting the 100 necessary votes on the House floor despite Martinez Fischer’s warning.

Martinez Fischer defended the email, saying it was meant to inform the caucus: “They’re just facts that are reported to the membership.”

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Matt Hirsch, a spokesman for the Texas Sands political action committee, declined to comment on the email.

Las Vegas Sands is backing a bill authored by Rep. John Kuempel, R-Seguin, that would allow companies authorized by the state to build “destination resorts” that would include casinos. Dallas Mavericks owner Mark Cuban previously told The News his goal is to build a new arena in the Dallas-Fort Worth area as part of a destination resort and casino.

Geren and Kuempel’s legislation, as well as proposals by Plano GOP Rep. Jeff Leach to legalize mobile sports betting, all will be debated in the House Committee on State Affairs on Wednesday.

One hiccup in the search for votes is the Texas Freedom Caucus, a group of far right conservatives in the House, who came out against the gambling bills last week. When asked about the possible overlap between their and the Democratic caucus’ stance on the issue, Chair Matt Schaefer of Tyler said they’ll work with anyone who wants to kill the bill.

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“I have experience in the minority, too,” he said. “We welcome any opposition regardless if their interest is aligned or not.”