Lt. Gov. Dan Patrick threatens special session if THC ban, bail reform not passed

AUSTIN (Nexstar) — In an interview with The Texas Tribune, Texas Lt. Gov. Dan Patrick announced plans to force a special session of the Texas Legislature if bail reform and a THC ban, two of his top 40 priorities, don't pass.

The Texas Legislature only meets for 140 days every other year. The only time they're allowed to meet outside of that window is during a special session. While the Texas constitution only gives Gov. Greg Abbott to call a special session, Patrick could force his hand by withholding Abbott's key bills from the Senate floor.

"Of course the nuclear option would be to hold up something like the budget or [education savings account] vouchers," James Henson, director of the Texas Politics Project, said. "Whether the politics of doing that on those big issues in this political environment are there I think is somewhat questionable."

Bail reform is a priority for both Patrick and Abbott, with Abbott declaring it an emergency item at his state of the state address in February. On the other hand, THC restriction has not been listed as a priority for Abbott or the Texas House.

"There has been less interest in this issue in the House and there have been a lot more countervailing positions for a long time in the House," Henson said. In addition, restricting access to marijuana products isn't a top priority for Texans according to public opinion polls like the Texas Politics Project. "Generally over the last decade we've seen a lot of support for decriminalizing THC, marijuana and cannabis-related possession and a lot of support for a general movement towards weakening the laws that limit the availability of these products -- particularly since they've become more available in other states."

However, in his Texas Tribune interview, Patrick said, "There aren’t many things you go down that path for, but the life and health of people is one."

"It's no secret in political circles that this is an issue that the Lt. governor feels strongly about and has not been particularly afraid of public opinion on," Henson said. "The question is how serious is this threat... almost all legislative bargaining involves trade-offs and some degree of compromise. A classic bargaining position is to always ask for more than you're willing to settle for. The big question here is what is the Lt. governor willing to settle for and what price is he willing to pay?"

The Texas Senate, which Patrick presides over, has already passed SB 3 banning THC sales and a package of bail reform legislation. On the other side of the Capitol, the Texas House has notoriously not voted on any bills so far this session, which ends on June 2.

Abbott did not respond to comment for this story, while Patrick was not available to talk in time for this story.