90th Texas Legislature | Issue 2
Following widespread speculation about a Democratic Blue Wave across the nation, the results in Texas last night were more than a wave—they were a Democratic tsunami.
For 32 years, no Democrat had won a statewide election in Texas. Last night’s victories shattered that drought, with Democrats sweeping nearly all seven statewide elected positions: U.S. Senate (James Talarico), Governor (Gina Hinojosa, who would become Texas’ first Hispanic governor), and Lieutenant Governor (Vikki Goodwin), along with Attorney General, Comptroller, Land Commissioner, and potentially Agriculture Commissioner.
The Democratic momentum extended to statewide judicial races, where Democratic candidates currently lead in every contest, including four seats on the Texas Supreme Court.
With Governor-elect Hinojosa and Lieutenant Governor-elect Goodwin securing their positions, only one of the state’s three most powerful political offices remains to be determined: Speaker of the House. Unlike the Governor and Lieutenant Governor, the Speaker is not elected by the general public but is chosen by members of the Texas House. The outcome of that race in January will depend on which party ultimately controls the House.
Texas Legislature
House
At the conclusion of the 2025 legislative session, the Texas House consisted of 88 Republicans and 62 Democrats. Speaker Dustin Burrows secured the 76 votes necessary for his first term by obtaining support from 49 Democrats.
Last night’s election results have given Democrats a gain of at least six additional seats. As of this writing, Republicans hold 56 seats and Democrats 68, with 26 races still too close to call. A minimum of 76 seats is needed for a majority.
Speaker Burrows delivered virtually everything Republicans wanted during the last session, including, for the first time in Texas history, the appointment of no Democrats to committee chairmanships. If Republicans retain their majority, Burrows should have their support this time around, unlike his first bid for Speaker. That support could be critical, particularly given that the Texas Democratic Party Convention last weekend adopted a resolution opposing support for Burrows as Speaker.
Selecting a Speaker will be the House’s first order of business in January. However, the jockeying for that position began immediately as State Rep. Senfronia Thompson has already announced her intention to run, should Democrats pick up the eight additional seats needed to secure a majority.
Senate
The Texas Senate previously consisted of 19 Republicans and 12 Democrats. Last night’s results left that Republican majority in place. As of this writing, Republicans have secured the 16 seats needed for a majority, with three races still undecided.
Senator Charles Schwertner, who faced a strong Democratic challenge, appears poised to retain his seat. Schwertner has chaired the Business and Commerce Committee for more than two legislative sessions, making him an important figure for the financial services industry. He is also an active proponent of efforts to control homeowners’ insurance costs.
Meanwhile, another political battle may be developing over the power of the Lieutenant Governor’s office.
The Quorum Report stated last month: “Texas Senate GOP quietly considers stripping power from the Lt. Governor position if the Democrat wins.”
For the past 11 years, Lieutenant Governor Dan Patrick has wielded considerable power over the Texas Senate. With the prospect at the time of Democrat Vikki Goodwin winning the election, key members of the Texas Senate Republican Caucus reportedly began discussions with attorneys about stripping some of the office’s authority and instead electing a Republican Majority Leader to preside over the Senate.
Many of the Lieutenant Governor’s most significant powers, including appointing committees and determining which committees receive bills, are not established by the Texas Constitution. Rather, they are derived from rules adopted by the Senate itself.
Now that Goodwin’s election is a reality, Republicans will have to decide whether to follow through with those plans. If they do, we could see a Speaker-style political battle in the Senate as well. Stay tuned for further coverage of this developing political intrigue.
Texas Delegation to the U.S. Congress
Last year, President Trump insisted that Texas further gerrymander its congressional district maps to secure five additional Republican seats in the U.S. House of Representatives.
The New York Times described the resulting map as “far more brazenly drawn,” noting that on the north side of Austin, “you can drive through five congressional districts in about 10 minutes.” In the Dallas suburbs, some voters were drawn into districts stretching hundreds of miles, including one extending all the way to the New Mexico border.
Despite these efforts, the Texas congressional delegation—which currently consists of 25 Republicans and 13 Democrats—appears unlikely to deliver even a single additional Republican seat, much less the five seats Republicans had sought.
In fact, the additional gerrymandering appears to have backfired. Democrats have secured at least the same number of congressional seats they held before redistricting, with seven additional races still awaiting final results. These election results in Texas are a contributor to the U.S. Congress flipping to Democratic control.
This memo reflects the opinions of Doug Foster. If you have questions about the Texas legislative process in general, please reach out to Doug Foster.
Doug Foster at Doug.Foster@mortgagelaw.com
Allan Polunsky at Allan.Polunsky@mortgagelaw.com
Marty Green at Marty.Green@mortgagelaw.com
