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Choose between the simple route or the challenging path.
That’s how Gov. Greg Abbott has described the choice for state lawmakers in his own party as they enter a third special session focused on his yearlong crusade for “school choice.” They could pass a bill that satisfies him and allows state funds to be used for private school options — the easy way — or they could keep gridlocking and face his wrath in the Republican primary — the hard way.
Abbott has established a clear political tone for the upcoming special session, which commences on Monday, just a month before candidate filing for the March primary opens.
Texas has not had a special session this close to the primary since 1992, when then-Gov. Ann Richards called one in January to address redistricting. And if a fourth special session is needed — something Abbott has already threatened — the lawmaking could spill over into the candidate filing period, which ends Dec. 11.
“Last month during a tele-town hall, Abbott stated that we will ensure everything is prepared to offer voters in the primary a range of options.”
The governor is under intense pressure to broker a breakthrough on an issue that has long hit a wall of opposition in the House, where Democrats and rural Republicans have stood firm together. And it has already been an exhausting year at the Capitol, with a regular session, two special sessions and the impeachment trial of Attorney General Ken Paxton, which spiked tensions between the two chambers.
“The governor and the speaker have to come to an agreement,” Lt. Gov. Dan Patrick, the presiding officer of the Senate, said in a TV interview last month.
Patrick and his Senate have been strong supporters of school choice for a while. They are expected to oppose any attempts to weaken the proposed legislation.
When Abbott unveiled his special session agenda on Thursday, he raised the stakes by advocating for “legislation that grants education savings accounts to every Texan student.” These accounts enable parents to opt out of public schools and utilize state funds to support alternative educational expenses.
Republican House Speaker Dade Phelan has struck a mostly detached tone on the issue this year, noting the historical resistance in the House and how every member seems to have a different definition of “school choice.” But in a speech last week in his hometown of Beaumont, Phelan said he hoped for a resolution.
Phelan expressed his optimism regarding reaching a consensus on the topic and achieving tangible results. He mentioned engaging in discussions with leaders from other states who have approached the proposal gradually.
During the regular session in the House, the main attention will be directed towards the 24 House Republicans, a significant number of whom represent rural districts, who supported an anti-voucher budget amendment. Although this group was smaller compared to previous sessions, it highlighted the ongoing challenges faced by the GOP within their own party.
The softening resistance could be on display at a “Parental Empowerment Leadership Summit” that the Texas Public Policy Foundation is hosting in Austin on Thursday. Two of the speakers — Cody Harris and Dustin Burrows — are House Republicans who have been on the record against school vouchers in previous years.
Burrows expressed his full support for Abbott’s special-session agenda, which included education savings accounts, via a tweet on Thursday.
Rep. John Smithee, an Amarillo Republican who has shown increased openness to Abbott’s push, said in a recent interview he “would be surprised if something didn’t pass in the first special session.”
Smithee pointed out that the presence of both the governor and Senator Cruz, who are openly campaigning against House Republicans who oppose vouchers, is a significant concern for those Republicans representing districts with a strong Republican majority.
Abbott’s choice
During the tele-town hall, Abbott was direct about the significance of the special session. He emphasized that if school choice did not pass, he would reconvene the Legislature in October. Furthermore, if it failed once again, he stated that it was necessary to allow the voters to decide on the matter.
Abbott has not provided specific information on his approach to intervening in primaries, but supporters of school choice strongly believe that he is prepared to support primary challengers against House Republicans who oppose his agenda. In a tele-town hall, Abbott expressed admiration for Iowa Gov. Kim Reynolds’ success in passing school choice legislation. Reynolds achieved this through a successful campaign against several GOP lawmakers who obstructed the proposed measures.
Abbott’s campaign refrained from providing detailed information regarding his primary plans for this story.
In an email on Thursday, Dave Carney, Abbott’s chief political adviser, stated that the Governor’s primary focus and dedication lie in the significant tasks of the special session and ensuring border security amidst the escalating crisis caused by the Biden administration. Carney emphasized that political matters can be addressed at a later time, as there is ample opportunity for such discussions in the future.
During the 2018 election cycle, Abbott actively backed House primary challengers who opposed him. He put considerable effort into campaigning against then-Reps. Sarah Davis of West University Place, Lyle Larson of San Antonio, and Wayne Faircloth of Galveston. Out of the three, Abbott managed to secure a victory by assisting in Faircloth’s defeat.
Regardless of how Abbott approaches the primary this time, he will have to navigate through various complex political dynamics. Firstly, it is worth noting that some of the staunchest opponents of school choice within the Republican party are individuals whom Abbott has previously endorsed.
Take for example Rep. Glenn Rogers, a Graford Republican who has long been opposed to vouchers. Abbott endorsed him in 2020 and 2022, each time dipping into his own campaign funds to help Rogers fend off opponents from his right.
During an interview on Friday, Rogers expressed his deep appreciation for the support he has received from Abbott.
Rogers stated, “I am in agreement with Gov. Abbott on all known matters, except for vouchers, and my support for him remains unchanged. My voting decisions are guided by what I believe is in the best interest of my district.”
However, if Abbott decides to support primary challengers, he might end up aligning with his own intraparty adversaries. The main contributors behind House primary challenges, Tim Dunn and Farris Wilks, were also the financial backers of Abbott’s primary opponent, Don Huffines, in the previous year’s reelection campaign. These candidates generally advocate for vouchers, but they will also focus on other matters such as opposing Paxton’s impeachment.
Abbott’s reluctance to support candidates endorsed by individuals such as Dunn and Wilks suggests that he might seek an alternative primary challenger to endorse in a specific race.
The groups
There is a group of school-choice organizations prepared to provide assistance during the primaries. With the primary approaching soon, they face a delicate task of advocating for a favorable outcome during the special session with lawmakers, while also gearing up for potential campaigning against them next year.
Scott Jensen, a senior strategist for the American Federation for Children, acknowledged the significance of the approaching filing deadline and the need for his side to plan for the primaries before the special session. He emphasized that their approach aligns with influential figures in the state’s Republican Party, namely Abbott and Ted Cruz, who have already indicated their intent to address this matter during the primaries.
Jensen expressed, “Our objective is to calmly guide lawmakers in understanding the reasoning behind it and assisting them in identifying a favorable solution. I believe it is possible to accomplish the governor’s aim of establishing a universally accepted ESA program that members can confidently back.”
Last month, AFC made an announcement regarding the launch of a national super PAC, stating their intention to allocate a minimum of $10 million towards supporting advocates of school choice and opposing their adversaries.
Jensen said his group has been recruiting candidates in Texas House seats where lawmakers “have been fairly clear that they’re going to be voting against the proposal.” If they have a change of heart, though, he said his group is done looking and “all previous sins are forgiven.”
There is also the Family Empowerment Coalition PAC, which formed in June and quickly raised $365,000 and doled out $195,000 in campaign contributions to lawmakers. The group is trying to make clear to House members on the fence that they will have their back in the primary.
Leo Linbeck III, one of the leaders of the group, stated that they are aware that some members consider this vote to be difficult. These members want reassurance that if they do vote in favor, they will not face primary challenges alone. Linbeck assured that their group is prepared to support and defend those who take the vote. If any member draws a primary challenge for their stance, the group will actively intervene and make their presence felt.
Cruz, a longtime advocate for school choice, has also made clear he will continue to get involved in primaries based on the issue. Last year, he found himself opposite Abbott in several primaries by endorsing candidates Cruz saw as stronger on the issue.
House Republicans who vote against Abbott’s agenda can count on support from Phelan’s campaign. The speaker traditionally works to reelect all incumbents from his party, and Phelan confirmed in August that will remain his policy regardless of Abbott’s plans.
In his Monday speech, Phelan expressed his anticipation of a substantial battlefield, projecting 35-40 competitive seats in both the primary and general election.
Regardless of their stance on school choice, Alex Fulton, the political director for Associated Republicans of Texas (ART), confirmed that the organization will continue to support incumbents for reelection. ART has already endorsed the reelection campaigns of various rural Republicans who are against vouchers, including Rogers and Representative Kyle Kacal from College Station.
It is yet uncertain if a pro-incumbent group with a specific focus on public education will significantly influence the Republican primaries. One aspect that sparks interest is the political action committee backed by Charles Butt, the CEO of HEB and a prominent supporter of public schools. By the end of June, the PAC had amassed $9.5 million in funds. However, the PAC has not provided any response to a comment request.
According to Brian Mayes, the leader of a conservative-leaning advertising company specializing in public schools, he foresees a significant increase in educators’ participation in the upcoming primaries.
Mayes expressed his belief that a violent civil war is imminent. He observed that many educators have reached their breaking point and are exhausted from being manipulated by the far right for political gains.
Primary challengers
There are already some primary challengers in position.
Marc LaHood, the contender against Rep. Steve Allison, R-San Antonio, expressed that his motivation to challenge Allison stemmed from the issue of school choice. LaHood criticized Allison for being a firm adversary of this concept, highlighting his vote in favor of the anti-voucher budget amendment as evidence. Among the 24 Republicans who supported the amendment, Allison was included.
LaHood, a lawyer from San Antonio who ran for Bexar County district attorney in 2022, expressed his belief that Allison’s stance on the matter would not greatly impact the primary election outcome.
LaHood expressed that while he believes it is beneficial for our children if he succumbs to pressure, he, as a person of integrity and a legislator, lacks confidence in someone who easily gives in.
A response to the request for comment was not provided by Allison.
Hillary Hickland, an activist mom of four from Belton, is among the Republicans patiently observing the outcome of the special session. She is contemplating a potential challenge against Rep. Hugh Shine, R-Belton. In the past few years, Hickland made the decision to withdraw her three school-aged children from public schools. Her motivation stems from a desire to extend the same educational possibilities to families who may not possess the same privileges as hers.
Despite appearing with Abbott at a school choice event in his district weeks prior, Shine, along with 23 other House Republicans, voted in favor of the anti-voucher budget amendment. Shine has not provided any comment in response to a request.
“I haven’t fully embraced running yet,” Hickland mentioned, “but his vote is something that has captured my keen interest.”
Disclosure: Texas Public Policy Foundation has been a financial supporter of The Texas Tribune, a nonprofit, nonpartisan news organization that is funded in part by donations from members, foundations and corporate sponsors. Financial supporters play no role in the Tribune’s journalism. Find a complete list of them here
