The House Committee on State Affairs met on April 19 to take up a full agenda. The report below covers HB 2899 – relating to the regulation of discrimination by political subdivisions. Over 100 witnesses signed up to testify and this report covers only a portion of the public testimony on this bill.
HB 2899 (Simmons) Relating to the regulation of discrimination by political subdivisions.
- Draft #23527 before members
- Bill addresses need on statewide basis
- Only applies to portion of ordinance that contains access to multiple occupancy restrooms/showers or changing facilities
- Doesn’t eliminate nondiscrimination ordinances for pregnant women or veterans
- Does not eliminate ordinance relating to transgender non-discrimination
- Does not prohibit a state-wide non-discrimination policy
- Similar to N. Carolina statute
- Working on another committee sub
- Clarifies federal law and state law
- Allows AG to recover cost associated with enforcing HB 2899
Ashley Harris, Visit San Antonio – against the bill
- Released study from Perryman Group, expected $411 million in loss in hospitality, meetings and conventions
- Already experiencing loss and update groups on a near weekly basis
Rey Saldana, City Council of San Antonio – against the bill
- Do not believe it is needed
- Concerned with negative perceptions it will create
- SA will be hardest hit
- Asked “why enshrine a discriminatory law into Texas law?”
- Scratching heads trying to determine what problem the bill is trying to solve
- Farrar – can’t understand why we need the state uniformity
Tom Giovanetti, Institute for Policy Innovation – for bill
- Thinks HB 2899 is far superior legislation
- Troubled by approach other body took
- Perception matters, but facts also matter
- Under 2899 transgender people are able to select what bathroom to use just like to today
- Bill provides limited government solution
Ron Kelley, Prestonwood Baptist Church – for bill
- Also a Plano City Council member
- Gives letter to committee from his Pastor
David Stout, Commissioner from El Paso County – against the bill
- Taking steps to make community accessible to all
- By saying yes to bill, would be saying yes to discrimination
Phillip Jones, Visit Dallas – against the bill
- Bill could risk trade show planners not bring shows to Texas
- Believes there is a more effective way to protect public safety
- Amendment suggestions: allow municipalities non-discrimination ordinance to keep them, let them pass NDOs by referendum, limit application to government owned and k-12 facilities, exempt stadiums
- Hearing N. Carolina legislation is better than HB 2899
- Believes there is $150 million in loss revenue at stake today
- Giddings – not sure what we are trying to solve?
- Not sure why
- Spoken to major counterparts, all in opposition
- Cook – agrees has not heard of problem in state, is it your testimony that if those areas were addressed that your groups would not negatively impact your group
- Correct, if it included those 4 items
Lee Kleinman, City of Dallas – against the bill
- Discrimination has no home in their city
- Had recently passed NDO ordinances
- AT&T has been continuously named for best place to work for LGBT employees
- City hosted several sport events bringing in billions of dollars, that money is at risk with this bill
- Making certain carve out and exceptions may still have intention of discrimination
- Cook – Businesses should be here testifying and they are not here, and that is unfortunate, they have chosen not to participate…they could have a profound effect
Jimmy Flannigan, City of Austin – against the bill
- Proposal is personal for him
- Don’t want to see discrimination enshrined in any Texas law
Chris Wallace, TAB – against the bill
- Bill would negatively impact Texas economy
- Today updated economic study, ripple effect will be felt in rural areas
- $5.6 billion is update economic impact from study
- Similar bills have bene rejected in 7 other states
- Discriminatory legislation is risky business that Texans cannot afford
- Cook – asked if there were specific changes? Asked witness to go back and tell businesses of his disappointment of them not being there and they should be part of the discussions
- Had some, laid out earlier this week – similar to Jones
- Giddings – asked what problems would the bill address?
- Discrimination is bad for business, believes bill is solution looking for a problem
- Why do anything to tie hands of employers?
- Cook – all the other stakeholders are here and have registered for or against, but “deaf silence” from major employers and would have a real effect, it would have been so beneficial
David Welch, Texas Pastor Council – for the bill
- Need a state uniform standard because of increasing abuse of these ordinances
- Different definitions of gender identity all over
- Patchwork of inconsistencies across the state
- Do we need to jeopardized safety of women and children so we can have an event here, not willing to make that trade off
- Cook – asked him if he is aware of a problem?
- Yes there are incidences but it is only part of the problem
- Not saying transgender community are part of problem
- Provided his examples
- Cook – wonder if there is really a bifurcated issue
- Problem is in local ordinances
- Cook – issues have historically taken care of themselves
- Because no standard and no limitation, no legal ability to stop someone from going to restroom/shower/locker room
- E. Rodriguez – differs with witness in regards to what is currently legal under Texas laws
- Giddings – if you have specific events in specific health clubs, please provide them
Chuck Smith, Equality Texas – against the bill
- Intent of bill is to discriminate against transgender people
Elizabeth Schwartz, self – against the bill
- Bill encourages discrimination
Emmett, self – against the bill
- NDOs in place, have not heard of any issues
- Farrar – asked if witness would feel comfortable sharing trans process
- Was adopted, was not comfortable identifying as female, proud parent and raises daughter with catholic values
Monica Roberts, Black Trans Women Inc, self – against the bill
- From black trans community in Texas – have had several killing because of discrimination
- Bill is nothing more than discrimination
- Best thing to do with bill is to kill it entirely
Nicole Parry, Trans Movement and self – against the bill
- Up to municipalities to create NDO ordinances to protect people
Katherine Oakley, Human Rights Campaign – against the bill
- 1.5 million members and supporters
- Legislation is not dealing with real issue, never been about bathroom but about discrimination
- Differences between NC bill and Texas is that no rights were being taken away from anyone
- Rep. Guillen – asked about differences btw, other states and HB 2899
- Strongest similarities is that it is not about bathrooms
- This bill would allow policies that discriminate
Testimony continued as over 100 witnesses are signed up to still testify.