Another catchup...The Chron reports on the Phantom Professor, a formerly-anonymous blogger who wrote in rather unflattering tones about her experiences teaching at SMU.
For most of the past two semesters, nobody knew the identity of "The Phantom Professor."The educator's anonymous Web log, set at an unnamed university "in the South," spun tales of spoiled-rich "Ashleys" with their $500 sandals and $1,500 handbags, eating disorders, plagiarism and drug use, legal and illegal.
"At this school it seems like every kid is on multiple medications," the professor wrote, describing her charges as "barely literate," prone to emotional problems and "terrified of displeasing Mommy and Daddy."
Surrounded by students sporting French manicures and plans for spring break in Cabo, the blog's author told stories like the one about "a certain member of a Middle Eastern royal family who got a new Mercedes by convincing a frat buddy to crash his one-year-old model into a wall" or how one stall in a certain ladies room was known as "the purge-atory."
No names were used, but this spring at Southern Methodist University, students and faculty began recognizing themselves in the phantom's prose. A student in SMU's corporate communications and public affairs department discovered the blog had quoted the content of e-mail she had sent to one of her teachers. It called her "clueless."
An assistant professor had no trouble identifying herself in another short posting about a faculty member who was "fresh from a mediocre Midwestern University with a Ph.D. in something no one cares about."
Earlier this month, Elaine Liner, an adjunct professor who taught writing and ethics classes in SMU's public relations department since 2001, revealed in an online publication that the blog was hers. Liner, who writes freelance theater reviews for a Dallas weekly, also let it be known that in late March she was told her contract to teach at the school would not be renewed.
"One of the ironies of this is that I worked in a building that had the First Amendment carved in stone across its front," Liner said in an interview last week. She said she is certain she was let go because of her blog.
"I can't arrive at any other conclusion," said Liner, who was paid $18,000 a year, no benefits, to teach two classes for three semesters.
Do I think she violated some kind of confidentiality rule with her blog? I can't speak from any experience - I wasn't the confide-to-a-professor kind of student. I think one is always on shaky ground when gossiping - and let's face it, this was gossip. Good gossip, perhaps, even book-worthy gossip, but gossip nonetheless. Far as I know, the only real defense when caught out as the town's unofficial news source is to smile wanly, shrug your shoulders, and (depending on who's doing the catching-out) either remain quiet or offer an exlcusive for the next time.
Anyway. This DMN story from two weeks ago confirmed her identity and her contract non-renewal. AS noted, Professor Liner has done pretty well for herself since then, so no tears need be shed. One piece of advice for you in case you read this, Professor: Blog about the book tour. Publishers love sequels. No need to use a pseudonym, we already know who the author will be.
UPDATE: Jack doesn't think much of Professor Liner.
Is the worst kept secret in America about to become un-secret? The Red State says yes.
According to a highly placed source in U.S. Senator Kay Bailey Hutchison's camp, the Senator is likely to announce her intention to run for Governor of Texas on or about June 6th.
If she announces (and though I do think she will, it's best not to be unequivocal until you hear the words from her own mouth), no one will be surprised. As PerryVsWorld notes, the Morning News blog has been running a "Hutch-o-meter", which as of 3:31 PM today was pegging at 100%. There's no suspense here any more, though there's still a tiny chance of surprise. The real action will take place after her announcement.
And here I thought things would be boring now that the Lege is closed for the summer.
State Rep. Todd Baxter, a Republican who won in 2004 with the slimmest margin of any incumbent, now has an official challenger for 2006. The Quorum Report has a press release (Word doc) from Austin attorney Andy Brown.
Andy Brown, an attorney at DLA Piper, announced his candidacy today in the Democratic Primary for State Representative in District 48. Mr. Brown brings effective public service, legislative experience and community volunteer leadership to the race."I intend to provide the kind of leadership on health care, public education and ethics that Travis County residents expect. We owe a debt of gratitude to Kelly White and Ann Kitchen for their enormous efforts to provide balanced and effective representation in the Texas House. District 48 deserves a new voice."
Prior to working with technology companies at DLA Piper, Mr. Brown, a graduate of UT Law School, worked as an attorney at Baker Botts in Austin and clerked for U.S. District Judge Randy Crane in McAllen. He worked in the Texas Legislature as a Legislative Aide for Texas Association of Homes and Services for the Aging (TAHSA), a nonprofit nursing home association, and as an Aide to former Speaker Pete Laney working on Ways & Means legislation.
Believing that all Texans should participate fully in the electoral process, Mr. Brown worked for 21st Century Democrats first as a field organizer in West Texas and then as Executive Director. The organization's mission was to increase voter turnout throughout the State and he had the honor to work with statwide leaders to achieve that goal. In the fall of 2004, Mr. Brown served as the Campaign Manager for Congressman Lloyd Doggett, helping ensure that the people of Central Texas continued to have a voice in Congress despite Tom DeLay's redistricting tactics.
Now that the holiday weekend is over, it's time to start catching up on some stuff that I drafted for "later". We'll start with this PerryVsWorld analysis of how Kinky Friedman might affect the Governor's race in 2006. Short answer: It's hard to say, as Friedman has potential appeal to both disaffected Republicans and pessimistic Democrats.
One thing he mentions, which I think can't be emphasized enough:
Judging from the coverage so far, Friedman is likely to receive plenty of free media. Heck, he announced at the Alamo on cable TV. Press coverage will likely treat Friedman as a novelty -- soft but "he has no chance" coverage -- until a poll comes out showing Friedman with reasonable support, say above 10%. However, if Kinky can show himself to be gaining traction in the polls, it seems to me that he's a candidate that the fourth estate is likely to love: independent, claiming fiscal conservatism but socially leaning left.
Trailed by a crew from Country Music Television and a scribe from The New Yorker, iconic 2006 Texas gubernatorial candidate Kinky Friedman sauntered into town May 23 to unveil his Guy Juke-designed campaign logo and his new media consultant, Bill Hillsman.
I admit I've been worried about Kinky's campaign for a long time now. The scenario that PerryVsWorld speculates about - basically, that Friedman splits the anti-Perry vote - is a nightmare for the Democrats, who will need all of those votes to win. But I think that overall, it's Rick Perry who has more to worry about. Unpredictability is almost always a negative factor for favorites; for sure, Perry would prefer a straight-up two-candidate race. More importantly, Kinky's MO so far has been to bash Perry. I believe he'll continue to do that throughout the race, since Perry is both a convenient target and the most visible symbol of why Kinky feels he needs to run in the first place. This puts him under attack from two fronts, and also gives Chris Bell the opportunity to step back and talk more about what he wants to do, since he'll know the Case Against Rick Perry will get made regardless.
(Yes, I'm assuming that Perry is the GOP nominee here. I'm making that assumption because I believe it's the key to Kinky's campaign. Yeah, he can make the same arguments if KBH runs instead, but it'll be a lot harder to claim that she's responsible for the mess in Austin, especially since she'd have won the nomination on a message of change. If he can't run against the incumbent, it won't shock me if Kinky decides not to run at all.)
I don't know any more than PerryVsWorld does what effect Kinky Friedman's campaign will ultimately have. I think, or at least I'd like to think, that he'll draw more from Perry than from Bell - there's not much hope from my perspective otherwise. The first three-way poll numbers will be very interesting, that's for sure.
The major papers all have analyses of the finally-ended 79th Lege and how its performance will affect Governor Perry in his reelection battle. The consensus is more or less that Perry won a few and lost a few, and that nobody knows just yet how the failure to reform school finance will play out. For me, the best take comes from the Morning News:
Gov. Rick Perry cemented his relationship with social conservatives this legislative session, but he didn't make many new friends.[...]
In his session's 140-day to-do list, Mr. Perry scored some major victories: revamping the workers' compensation system, requiring parental consent on abortions, securing new help for abused and neglected children.
But the issue at the top of the list – billions more dollars for education and a restructuring of the tax system that pays for schools – circled around the drain at midnight Saturday.
"I just think there's no way you can say, 'I got asbestos reform, but I didn't get school reforms, so it's a wash,' " said SMU political science professor Cal Jillson.
"I really think he was on the griddle this session to do something significant to improve the quality of education."
[...]
Dr. Jillson predicted Mr. Perry's victories would please the conservatives who have been his core supporters. But with approval ratings that have hovered in the mid-40s for more almost two years, Mr. Perry needed to score a victory to attract moderates.
"He's held his own, but he hasn't broadened his base," Dr. Jillson said. "He needed to deal definitively with education if he was going to hold off Hutchison. I think that door is still ajar."
I find the attempts to defend Perry's performance this session to be rather ludicrous:
Michael Quinn Sullivan, a spokesman for the low-tax, small-government Texas Public Policy Foundation think tank, agreed."Rick Perry has done what a governor is supposed to do: outline priorities, the broad objectives, and leave it to the Legislature to craft the policy," he said.
While school reforms didn't happen, Mr. Sullivan said Mr. Perry shouldn't be blamed.
Perry pollster Michael Baselice said the legislative failure on property tax cuts is not a negative for the governor."There's been two bites at the apple, but we're getting closer to getting this thing done," Baselice said.
Baselice said Perry has been the one to keep pushing the Legislature to solve school finance reform and cut property taxes. Neither of those is easily done, he said.
"The fact is, Perry is the one that kept both chambers together, and kept bringing them back to the table," Baselice said. "If that's not leadership, I don't know what is."
Let's be clear about something here: If a school finance reform bill had passed, Sullivan and Baselice would have been among the first in line to praise Rick Perry for making it happen. Well, if you get the credit for something when it succeeds, then you get the blame when that same thing fails. It's as simple as that.
98 - Media events96 - Personal or group photo opportunities
85 - Ceremonies and/or speeches
55 - Meetings with visitors from outside Capitol
29 - Trips out of Austin
24 - Meetings with lieutenant governor and House speaker
15 - Formal meetings with legislators
10 - Briefings on executions
2 - Funerals
1 - Overnight stays in White House
There's been a Juan Garcia sighting, in the Corpus Christi Caller-Times:
Politics seems to love Juan Garcia, the retired Navy pilot whose name had been thrown around earlier this year as a possible mayoral candidate. Questions remain, however, about whether Garcia loves politics.Rumors began circulating last week that Garcia is planning a run for the U.S. Senate, rumors that Garcia isn't denying.
A new Web site (www.garciafortexas.com) asked for donations and calls Garcia a "new face" with "tested leadership, Texas values." On Friday afternoon, the political messages had been removed and replaced with a one-line statement: "The site is temporarily down for routine maintenance and will be back up shortly." Garcia is a graduate of Harvard University's John F. Kennedy School of Government and is a retired flight instructor at Naval Air Station Corpus Christi. He did not run for mayor. An item in the political newsletter The Quorum Report mentioned the most recent Web site and quoted Austin-based consultant Jeff Hewitt as saying the site looked like a "draft Juan campaign." "I'm not even sure Juan knows who's behind it," Hewitt told The Quorum Report. "I don't think Juan has made a decision."
Domain Name.......... garciafortexas.com
Creation Date........ 2005-04-22
Registration Date.... 2005-04-22
Expiry Date.......... 2007-04-22
Organisation Name.... Richard Salazar
Organisation Address. p.o. box 480311
Organisation Address.
Organisation Address. Los Angeles
Organisation Address. 90048
Organisation Address. CA
Organisation Address. UNITED STATES
Admin Name........... Richard Salazar
Admin Address........ p.o. box 480311
Admin Address........
Admin Address........ Los Angeles
Admin Address........ 90048
Admin Address........ CA
Admin Address........ UNITED STATES
Admin Email.......... [email protected]
Admin Phone.......... 323-350-1802
Admin Fax............
Tech Name............ Tim Uzzanti
Tech Address......... 6135 N. 7th St.
Tech Address.........
Tech Address......... Phoenix
Tech Address......... 85014-1812
Tech Address......... Arizona
Tech Address......... UNITED STATES
Tech Email........... [email protected]
Tech Phone........... 1.6022630300
Tech Fax............. 1.6022630600
Name Server.......... ns1.webcontrolcenter.com
Name Server.......... ns2.webcontrolcenter.com
Back to the story:
In an e-mail to the CallerTimes, Garcia did not distance himself from the Web site."We met with folks from Austin, Dallas, and D.C. who made a compelling case for running for the U.S. Senate," he wrote "Some friends hung a very rudimentary Web site up earlier this week, really just to gauge interest, and from there things have taken off.
"Of course I'm interested in continuing to serve our country, and am obligated to think through an opportunity like this. But we also recognize it's a momentous undertaking, particularly in a state the size of ours. I'm discussing it with family and friends."
The Texas Political Bloggers page has been updated with all the new and new-to-me blogs that I could find. As always, if I've missed something, please let me know about it. I'll be adding some of these blogs to my blogroll shortly, so please bear with me.
Maintaining that page is a bit of a PITA. I'd kind of like to throw everything into its own blogroll, since I think that'd be marginally easier to keep evergreen, but I'm not keen on adding 200 or so URLs into a blogroll. Blogrolling.com says it supports OPML, but what I want is some kind of CSV import, since I can create a CSV file fairly easily. Any suggestions? I appreciate it.
A full list of newly-added blogs is beneath the More link. Again, if I'm overlooking something, please tell me about it. Thanks!
By the time you read this, sine die should have been proclaimed at the Capitol, so barring any more "special" sessions, we're done until 2007. Lots of bills died at the end there, most justifiably so. HB2702 managed to squeak through, but who knows if it'll get signed. The CPS overhaul bill passed on Friday, but thankfully Robert Talton's hateful anti-gay foster parent provision was stripped out.
I'm sure we'll figure out what did and didn't go through shortly, and I'm sure we'll find out that something hideous which was hiding in an obscure provision somewhere is now law. Hopefully, that'll be nothing as bad as HB2292 or HB3588 from last session.
So what did our heroes in Austin accomplish? In some sense, the exact opposite of what Congress has done lately. In DC, it's been all tax cuts all the time, but no actual progress on the so-called "moral values" agenda. No anti-gay marriage amendment, not much in the way of new abortion restrictions, that sort of thing. In Austin, they Double Secret Illegalized gay marriage and passed a parental consent law, but failed to deliver on their promises of property tax reductions. For my readers who vote Republican, I'm just curious: If you had to choose between the two, which would you have preferred to get done this session? If you didn't get the one you wanted (and I'm guessing that's the case), what if anything will you do about it?
Finally, a little humor to end things. Check out the Loco and Dissent Calendar that Kimberly passed along. A couple of my favorites:
HB 76 Woolley
Relating to asking Speaker Tommy Craddick if she could wear his letterjacket AND his class ring.HR 82 Goolsby
Relating to the rules for the Garnett Coleman drinking game: take a shot every time he says something is "for the children".HR 83 Goolsby
Relating to the rules for the Debbie Riddle drinking game: take a shot every time she says some societal problem is linked to "illegal immigrants".HB 2112 Kid 'n' Play
Relating to wanting their haircut back from Eddie Rodriguez...HB 2789 Governor Perry
Relating to the acquisition of Katie Holmes as a girlfriend to improve my public image.
The San Antonio Express-News has added a few blogs to its online publication. I can't say there's anything there that grabs my interest, but they do have a decent variety of topics, and I like the idea of temporary blogs for short-term events, like their Electronic Entertainment Expo blog. The Chron has done this in the past and did it again last week with the Dead Zone Diaries, which was a report from a research vessel on a swath of oxygen-depleted water that forms each summer in the Gulf of Mexico. The E-N also has the good taste to link to several San Antonio and Texas political bloggers, including yours truly. Thanks to The Jeffersonian for the catch.
For the third time since 2003, an attempt to overhaul the tax structure in order to get rid of the so-called "Robin Hood" method of public school funding is dead. We've known it was dying for some time now, and the reasons for it haven't changed since we first knew it was in serious trouble, and here it is. It was a top priority of Governor Perry's, and it failed.
Remember now, this was the third attempt. The Senate took a shot at it in 2003 by unanimously passing a tax reform bill. The House and Governor Perry immediately pissed on it, and it was never spoken of again. (Anyone else think the bad blood this session between David Dewhurst and Tom Craddick can be traced back to that?) Perry called a special session in 2004, which petered out before the 30-day deadline having accomplished nothing other than the House voting 126-0 against a plan he himself put forward. And now this, thanks in part to Perry's special brand of leadership. I know this sort of thing is hard, but how much time and how many chances do you get before you're branded an abject failure?
And so let the finger-pointing and buzzard-circling begin!
No sooner had House Republicans fired their last volley across the Senate's bow Saturday than people began speculating on the political fallout from failing to cut homeowners' property taxes and resolve school finance."My guess is there will be some folks at fairly high levels that will pay a price next March," said Sen. Jeff Wentworth, R-San Antonio, referring to the political primaries.
U.S. Sen. Kay Bailey Hutchison's decision whether to challenge Perry in the Republican primary will be the first telltale sign of the deadlock's impact, said Austin consultant Bill Miller, a close ally of Craddick's.
Lawmakers who made tough votes on school finance and taxes when the proposals first came through their chambers this spring will have to wait longer to see if they will draw opponents.
"All in all, it's not the kind of news I would want to take home to my constituents," said Bruce Buchanan, a University of Texas government professor. "The media will keep it alive and hang it around their necks."
Democratic consultant Jeff Crosby of Austin said the legislative session should help his party gain seats in the Legislature, particularly in the House.
"Not only did they vote for higher taxes," Crosby said, "they brought you nothing for your schools. That's a lot of fodder for direct mail and TV commercials."
Speculation immediately emerged about whether Perry would call lawmakers into a special session, if not to fix school finance, then to brandish his conservative credentials by making lawmakers shrink the double-digit increase in state spending they are set to approve today.
Miller said a special session would represent "short-term gain, long-term loss" for the governor.
Crosby agreed. "I don't think there is any political will among Republicans to agree on a plan without a gun to their head," he said. "It would be a tremendous political risk for the governor to call a special session. It could melt down, and he would be the focus."
Crosby expects Perry to use the line-item veto to reduce the $139 billion budget by about $1 billion.
Perry is considering line-item vetoes and a special session on the budget, according to a source close to the governor.
That source, who requested anonymity because his position, predicted that any special session would begin as soon as Tuesday and continue through the 20-day period when the governor can veto legislation.
I can't say for certain, but it appears that the attempt by Rep. Mary Denny to restrict access to the ballot box by enforcing stricter ID requirements to vote are dead. The most recent news stories that I see give this impression, though they don't seem to have anything newer than the Ellis/Van de Putte filibuster maneuvering. In theory, this sucker is in conference committee, where also in theory there won't be enough time to do anything with it before midnight. Which is good.
Karen Brooks notes how inflamed things got over this proposal.
Some House Democrats, led by minority lawmakers, loudly protested an 11th-hour move by Rep. Mary Denny, R-Aubrey, to tack her bill requiring an ID to vote onto another bill just hours before it would have been dead for the session. So they filibustered for two hours, only to have 25 members get together and push for an immediate vote, with no more debate. The measure passed. The next day, the list of those lawmakers was circulating in the House, and Democrats were busy picking off their local bills (or making their sponsors think they would) by postponing or talking them to death.
The Quorum Report quotes Rep. Phil King offering a eulogy for HB789.
Rep. Phil King (R-Weatherford) confirms negotiations on House Bill 789 and Senate Bill 743 have broken down irretrievably, with no hope of negotiating either bill.HB 789 was the telecommunications deregulation bill. King said the House and Senate could not come to a compromise on the statewide franchise for telecommunications services, which the House favored and the Senate did not.
SB 743 was the electric bill. King said the two sides could not agree on several fronts, including the goals for renewable energy. The two sides had a different framework for emerging technologies.
King said the two sides gave up when it was apparent the conference committee report could not be printed and distributed by midnight.
"It's over; it's over," Rep. Phil King, R-Weatherford, the champion of the proposal, said Saturday night as it became clear that there was no chance the legislation would get to a House vote by the midnight deadline."The problem is, we are out of time," said Troy Fraser, R-Horseshoe Bay, who led Senate opposition to the plan.
Cable companies and a coalition of Texas cities also fought the proposal, which would have allowed SBC Communications Inc. and Verizon Communications Inc. to get a single statewide franchise for their planned Internet television service instead of negotiating scores of agreements with individual cities, as cable companies do.
The failure of the measure is a rare defeat for SBC, one of the most powerful lobby forces in the Legislature. The company's chief executive, Ed Whitacre, personally visited the Capitol this week to push for the measure, King and Fraser said.
In another defeat for SBC, the clock ran out on legislation that would have allowed it and other major phone companies to set their own local phone rates. The House and Senate could not reconcile sharply different approaches on how to end state rate controls.
[...]
Friday night, Fraser, King, SBC and cable industry executives and representatives from the Texas Municipal League started intense talks in an effort to reach a compromise.
Fraser's idea was to allow the statewide franchise but require SBC and Verizon to provide public access channels and other services, as cable companies do. King balked, in part because Fraser proposed that the franchise last only two years, allowing legislators to adjust the plan in the next session.
"What company is going to invest billions of dollars for two years?" King said.
The talks ended early Saturday morning. SBC lobbyists then met off and on all day with staffers for Lt. Gov. David Dewhurst.
The stalemate on the television proposal also derailed measures to encourage wind power generation in Texas and allow electric companies to offer high-speed Internet connections over power lines. So-called safety net legislation assures the continuance of the utility commission.
Links via Save Muni Wireless, which has been an invaluable resource - sometimes the only resource - for following this issue. Major kudos to Adina and Chip for their tireless efforts. Rep. King says he'll be back in two years to try again, so y'all may want to maintain the domain registration for next time.
UPDATE: As Adina notes in the comments, both telecom bills (HB789 and HB3179) are dead. It was a little hard to tell which bills the stories were referring to towards the end there.
It's down to the wire for everything, of course, as Lege business wraps up at midnight Monday morning, but the telecom bill, HB789 is going through the conference committee process to see if differences between the House and Senate versions can be worked out. The biggest difference of course is the ban on municipal WiFi networks, but that's far from the only sticking point.
I haven't seen anything on the wires as I write this, so I presume negotiations are ongoing with no news to report (though the long slow school finance reform may be sucking all the oxygen out of the newsgathering process). Save Muni Wireless has highlights from the Senate debate and some contact info if you want to pester any conference committee members on Sunday.
Meanwhile, Dwight points to this article, which explains that setting up a wireless network in a big metro area ain't as easy as it sounds. I get the impression that it's mostly the smaller, rural cities in Texas, the ones that are currently underserved by the big telcos, who are really hot for this, so it may not be such a big concern here. Perhaps by the time the Houstons and Dallases get around to thinking about this, the pioneers like Philly and San Francisco will have worked out the bugs for us.
Finally, here's a view of the telecom bill battle from the telecom insiders' perspective.
Julia tagged me with one of those floating memes about music, so here goes:
What is the total volume of musical files on your computer?
Unless Tiffany has been downloading stuff on her own, basically zilch. I work in an open cubical, so spinning tunes at work is not an option. I've just never acquired the habit of grabbing MP3s at home. I tend to spend my computer time at home surfing, not downloading. Maybe later.
What song are you listening to right now?
I just tossed A Midsummer Knot's Dream by Gordian Knot into the CD player. The second song, "The Cruel Sister", started as I write this.
Last CD I bought?
Nowadays, I pretty much only buy CDs at the live shows I attend. The last show I caught was Eddie from Ohio in February, so I picked up their latest, This Is Me, plus the solo CD Sophisticated Lady by EFO's Julie Murphy Wells.
Five songs you listen to a lot and which mean something to you
I don't usually go looking for meaning in music. I think music speaks for itself, and what may be deep and meaningful to you may be just a nice little tune to me. For what it's worth, the most meaningful music I know is two songs that I performed in college, one in choir and the other in wind symphony. The choral piece is "Exultate Deo" by Francois Poulenc, easily the most mournful glorification of God I've ever heard that still managed to retain some hope - it was written in 1941 when things weren't so happy in France, so you can imagine where all that comes from. The wind symphony piece was Karel Husa's Music for Prague 1968, conducted by the composer himself. I can't adequately describe the feelings these songs evoked in me. All I can say is that at the time of the performance, there was nothing else in the world but the music in front of me. I've performed music in one form or another for 30 years now, and I can't think of any other songs for which that's true.
That's not really the answer you're looking for, though, so let's go with...
1. Fly Me To The Moon, by Bart Howard, preferred version sung by Frank Sinatra. It was our first-dance song at our wedding, as it was at my parents' wedding.
2. Cakewalk, by the Asylum Street Spankers.
Life ain't a cakewalk, it's a waltz
And they're playing my music out of time
3. If I Had A Boat, written by Lyle Lovett, preferred version by EFO.
The Mystery Masked Man was smart
He got himself a Tonto
'Cause Tonto did the dirty work for free
But Tonto, he was smarter
One day he said "Kemo Sabe,
Kiss my ass, I've bought a boat
I'm sailing out to sea"
4. Green Fields of France, written by Eric Bogle, preferred version by Ceili's Muse. One of the very few songs I can't listen to without choking up a little, especially now having seen a green field like that myself.
5. Born At the Right Time, Paul Simon. It's the song that was going through my head when Olivia was born.
Okay then. Sue, Kimberly, and Ginger, I hereby pass the baton to you.
This is what I get for being too drained from watching the Lost season finale to tune into Law and Order: Criminal Intent on its special night.
House Majority Leader Tom DeLay accused NBC Thursday of slurring his name by including an unflattering reference to him on the NBC police drama Law & Order: Criminal Intent.DeLay's name surfaced Wednesday night on the show's season finale, which centered on the fictional slayings of two judges by suspected right-wing extremists.
In the episode, police are frustrated by a lack of clues, leading one officer to quip, "Maybe we should put out an APB (all-points-bulletin) for somebody in a Tom DeLay T-shirt."
In a letter to NBC Universal Television Group President Jeff Zucker, DeLay wrote: "This manipulation of my name and trivialization of the sensitive issue of judicial security represents a reckless disregard for the suffering initiated by recent tragedies and a great disservice to public discourse."
The Texas Republican went on to suggest the "slur" against him was intended as a jab at comments he had made about "the need for Congress to closely monitor the federal judiciary."
NBC Entertainment President Kevin Reilly responded in a statement that the dialogue in question "was neither a political comment nor an accusation."
"The script line involved an exasperated detective bedeviled by a lack of clues, making a sarcastic comment about the futility of looking for a suspect when no specific description existed," Reilly said.
He added: "It's not unusual for Law & Order to mention real names in its fictional stories. We're confident in our viewers' ability to distinguish between the two."
Producer Dick Wolf, creator of the Law & Order franchise, took a swipe at DeLay in his own statement Thursday, saying, "I ... congratulate Congressman DeLay for switching the spotlight from his own problems to an episode of a TV show."
I was all set to write something substantial about this, but then I read Julia's sympathy card to DeLay and realized I couldn't do any better than that. If you want to print that out and mail it to his office, why, who am I to stop you?
The House and Senate have agreed to a budget. I have to say, with all the other stuff going on, I hadn't even realized that there was a danger of no budget agreement. There may be thousands of bills filed every session, but the budget is the only thing these guys are required to do.
The vacationing In the Pink puts it this way:
They’ve been dealing with MUCH MORE important issues, such as gay gyrating cheerleaders who want to get married but can’t vote because they don’t have ID. Also, who could forget the foster care children who were being raised in homosexual communes and learning how to dance like gay gyrating cheerleaders?
Sen. Rodney Ellis' threatened filibuster against the Denny Amendment to SB89 was averted late last night thanks to a little deft maneuvering by Sen. Letitia Van de Putte.
Senate Democrats were poised late Friday to start a filibuster on the bill at midnight. But before it started, Sen. Leticia Van de Putte, D-San Antonio, exercised a Senate rule that prevents a bill from carrying unrelated subjects.The original Senate bill dealt with the transportation code and information stored on the magnetic strip on driver's licenses. The voter ID language, tacked on by the House, affected the state election code.
The Republican sponsor of the measure, Kip Averitt of Waco, was forced to pull the bill down and the Senate instead appointed a conference committee to negotiate differences with the House over the weekend.
With the session ending Monday, the move leaves Republicans little time to push the voter ID restrictions through.
[...]
Sen. Rodney Ellis, D-Houston, who had napped earlier during the day, came to the chamber in tennis shoes and wearing a catheter as Senate filibuster rules would not have allowed him to interrupt his speech for bathroom breaks.
To guarantee the bill would die, opponents would have had to talk on the bill until Monday. The more realistic goal was to frustrate Republicans until they gave up on the bill since several big issues, including a new school finance plan, are still unresolved with just three days left in the session.
Averitt, who will chair the Senate conference committee, said he wasn't ready to completely give up on the voter ID language.
"I'd like to see if we could come up with a plan to further install confidence in our electoral process," he said.
Ellis said he "reserves the right" to still filibuster if the language doesn't come out. Ellis won a significant battle over the bill simply by forcing the delay.
"The clock is ticking," Ellis said. "It clearly goes to the place a lot of bills go to die."
Further reading: Othniel suggests that the Denny proposal would fail a legal challenge on 26th Amendment grounds.
Despite widespread opposition to Mary Denny's voter-suppression amendment to SB89, bill sponsor Sen. Kip Averitt appears to be set to let it come to the floor for a vote.
The bill's supporters, including state Sen. Kip Averitt, R-McGregor, disagreed that the amendment would discourage turnout. Averitt sponsored the original bill giving election officials the right to access electronic information from a driver's license. State Rep. Mary Denny, R-Flower Mound, later tacked on the photo ID amendment."I've read the bill," Averitt said. "I don't think it's going to cause people to not go vote. Matter of fact, I believe just the opposite is going to happen."
Denny called the opposition's fear that the plan could discourage people from voting "an erroneous argument."
"Almost everybody has some form of ID," Denny said. "I find this to be not a burden in any way."
There is some good news, however. State Sen. Rodney Ellis is preparing to filibuster this atrocity.
Late word from the Texas Senate: Sen. Rodney Ellis, D-Houston, has informed colleagues he plans to filibuster the final approval of SB 89, the voter-ID bill.The bill becomes eligible for consideration at 12:01 a.m. tomorrow.
Ellis’ plan, according to several senators, is to filibuster the measure into Sunday, when other Democrats will pick up the talkathon.
[...]
Any filibuster this late in the session could kill off any bills that have not already been passed. And since that list includes much of the Big Stuff — school finance reform, transportation, the budget — Ellis’ threat is being taken seriously by the leadership.
I'll be on BizRadio 1320 at the usual time tomorrow (circa 10:15). This time, the plan is for us to pull into the Costco parking lot (Costco is on the way home from Olivia's swim lesson) and let Tiffany and Olivia do a little shopping while I sit in the (hopefully more quiet now that it's not driving on the freeway) car and do my talk about the week in blogging thing. As you can tell from last week's show, a little less background noise on my part would be a big improvement. I figure Houston's Super Bowl disappointment and perhaps the continuing "Freebird!" saga may be on tap this week.
Also on tap is Anne's radio debut, since Kevin is off sleeping in the wilderness (some people call that "camping" - I'm one of those people who thinks that having broadcast channels only counts as "roughing it") where there's no cellphone reception. Tune in tomorrow and hear what we have to say.
Governor Perry has set November 8 as the special election date to replace the late Joe Moreno in HD143.
The governor set an Oct. 24 deadline for candidates to file their applications with the secretary of state.The race likely will be crowded. Lawyer Ana Hernandez, who worked for Moreno and for Rep. Jessica Farrar, D-Houston, and Laura Salinas, the niece of former Reps. Diana Davila Martinez and Roman Martinez, already have announced their candidacies.
Roy Zermeno, an SBC lobbyist, also is a potential candidate, as are Dorothy Olmos, Al Flores and Reggie Gonzales, all of whom previously ran against Moreno.
Stace and Marc Campos have more on the status of the race.
The Chron covered Tuesday's public meeting on the proposal to expand the Grand Parkway as a toll road through Spring, and Anne adds a lot of detail to it. One thing I want to highlight:
A question and answer session followed. I won't go into all of them, but I will highlight a couple. One question asked if this is considered a regional mobility solution or if it's geared toward local traffic. [Harris County Toll Road Authority (HCTRA) Executive Director Art] Storey admitted it's basic purpose is for regional mobility, although he's sure locals will use it once it's built. He said that currently it takes Tomball residents one hour to get to I-45 and that needs to be remedied.Which makes me wonder why Spring residents have to be bulldozed in order to give Tomball residents a faster route to I-45. That's just bizarre. If a Tomball resident needs to get to I-45 more quickly on a regular basis, then maybe that person should move closer to I-45. Duh.
Bottom line: If it were properly calculated, the cost of destroying an established neighborhood so that people from someplace else can drive a little faster would be much higher than the dollar-and-cent total for condemning the property. If we took the real costs into effect, we'd see the need to find alternatives. It's going to require that the people who are demanding the faster routes to realize that their subdivision could be next before this will ever happen, unfortunately.
I blogged about the origins of shouting "Freebird!" at inappropriate concerts here. Ray in Austin begged to differ. Now Ray tells his story to the Houston Press. Will the Chicagoans respond to the challenge? This has been fun, so I kind of hope that they do.
So the rumors out of the NFL owners' meeting is that Houston didn't actually have a real shot at getting Super Bowl 43, and the reason for that is McNair envy.
Texans owner Bob McNair's role with the NFL's special committee on league economics might have worked against Houston's bid to get the 2009 Super Bowl that was awarded Wednesday to Tampa, Fla.Appointed by commissioner Paul Tagliabue to chair the committee that reviews economics and reports back to the membership, McNair might not have been sympathetic enough to owners of low-revenue teams, according to two owners who asked not to be identified.
"I don't know what other explanation there could be for them being the first city to be eliminated, not with that stadium and that bid," one longtime owner said after the vote was announced. "A lot of us are shocked at what's happened, not so much by Tampa winning but by Houston being the first one out. It just doesn't make sense."
Even though McNair lobbied hard to get Houston a third Super Bowl, he's the owner of a high-revenue team during a tumultuous period in which owners are divided over how to share local revenue that comes from suites, sponsorships, signage, concessions and parking.
Some owners of low-revenue teams may be resentful of owners of high-revenue teams. Until the owners agree on how to share local revenue, they won't be able to extend their collective bargaining agreement with the NFL Players Association beyond 2008.
"Well, that could be, but no one's told me that, and I don't suspect they will," McNair said. "But personal view enters into decisions like this, and all it takes is for one or two votes to be switched."
One true head-scratcher in the article:
Atlanta couldn't overcome its reputation for bad weather during Super Bowl week.
Dammit. There's a lot of BS that goes on at the end of these legislative sessions, and a bad bill is never truly dead if it's being pushed by a member of the majority party. Case in point: Mary Denny's evil voter ID bill is still breathing.
As the clock approached 9 p.m., the House cut off debate on the measure. Senate Bill 89, carrying the ID amendment by Rep. Mary Denny, R-Aubrey, passed 83-59.The amendment would require voters under age 85 to show picture identification or two forms of nonpicture identification at their polling place on Election Day. A voter without proper identification could cast a provisional ballot that could be counted later.
The House attached the requirement to SB 89, which adds election officials to the list of people who can access electronically readable information on a driver's license.
Legislative rules allow the legislation's author, Sen. Kip Averitt, R-McGregor, to accept changes made by the House and send the measure to the governor if there is support from a majority of senators. Averitt said late Tuesday that he is unsure whether he wants to do that or he has the votes to do so.
"I'm backing up," he said. "Apparently there was more debate on it than I realized."
There's a little bit more detail in the Kilgore News Herald, and not much else that I can find. Bluebonnet from PinkDome also has some more. I just hope those eleven Senators who stopped this earlier can do it again.
Via The Jeffersonian, third-place finisher in the San Antonio Mayoral race Carroll Schubert has endorsed Phil Hardberger.
“Although he and I differ in party affiliation, I think what he brings to this is the mature leadership and fiscal responsibility that is important to the city of San Antonio,” Schubert said.[...]
“Hardberger has fourth-quarter momentum,” said Richard Gambitta, a political scientist at the University of Texas at San Antonio.
So what happens to the "rising star" Julian Castro if he loses? Matt left a comment in The Jeffersonian's post stating that he loses that title if he loses this race. That's probably true, but don't equate a little dimming of his luster with being finished. He's still, what, thirty years old? His youth was one of the concerns about his candidacy, after all. If he loses, he can go away for a couple of years and gain some age, wisdom, experience, whatever it is that he's supposed to have lacked by being 30, and run to replace Hardberger in 2009 as a more seasoned candidate. Or maybe Charlie Gonzales will retire and Castro will be the early favorite to succeed him. Who knows? Maybe losing will have an upside for Castro, as it did for Bill Clinton when he got ousted as Arkansas' Governor - for sure, it'd provide a strong incentive to work on his weaknesses. One way or the other, I expect him to be on the scene for a long time.
The post title more or less says it all, though I should add that as it now reads, HB789 passed the Senate unanimously. Save Muni Wireless has the details from the debate. Here's a summary of the bill:
The Senate version
* freezes basic local service prices til 2007
* conduct an PUC interim study of the universal service fund
* assumes a competitive market in large cities, and deregulates on 1/1/06
* provides a market test for suburban areas -- if there 3 competitors to the incumbent, then there is a competitive market, and the market is deregulated in unless the PUC disagrees
* in rural areas (under 30,000 lines), the PUC has discretion to determine if a market is competitive
* reduces intrastate line access charges to parity to interstate calls, reducing the cost of intrastate long distance
* has protection against discriminatory or predatory pricing, even if the market in the area is deregulated
The House passed a similar telecom deregulation bill in March, but that measure wouldn't implement market tests for small and suburban markets. It also would ban cities, in most cases, from offering wireless Internet access unless it's done for free.Lawmakers must hash out the differences between the two proposals in a conference committee before the changes can be signed into law.
[...]
[C]onsumer groups argue both versions of the bill would give big phone companies the ability to raise rates without assurance that they really face competition all over the state. Although some consumers have access to mobile phones and Internet-based calling, such services aren't available everywhere.
"We just don't have the detailed information at this point about whether competition does or doesn't exist in Texas," said Tim Morstad, a Consumers Union policy analyst.
A separate — and more controversial — telecom measure that would give the state, not cities, oversight of pay-television franchising also is headed for a conference committee.
That provision, lobbied for by SBC, passed a vote in the Texas House on Sunday as part of a bill that would continue the existence of the PUC.
However, at least one key senator — Jane Nelson, R-Lewisville — has expressed concerns with the franchising changes being tacked onto the PUC bill and likely will work to strike the language.
UPDATE: Chip comments:
The cited reading of HB 789 is not quite accurate. The House version provides an immediate ban on charging for wireless services, and an eventual ban on all muni wireless services (paid and free).This means if the House version passes, the free wireless access in a library built this year is safe. If, however, when a future library is built, if they haven't submitted a plan to the state PUC before the ban goes into effect, then no Internets for you!
We (Save Muni Wireless) are very concerned that this version may be the one that comes out of conference. We'll be taking further action as soon as the conference committee members are assigned. Thanks for the support.
Chris Bell has released the following statement regarding the TRMPAC ruling:
"Judge Hart's ruling provides a good faith basis for the House Ethics Committee to now investigate Tom DeLay's involvement with TRMPAC. The committee originally chose to hold off taking any action on that count of my complaint pending a decision by the Travis County grand jury. Now that a district judge has found TRMPAC's conduct to be illegal, a decision by the grand jury should not be necessary. The American people deserve to know what Tom DeLay's role was in this illegal fundraising scheme."
In addition, a state criminal investigation of the 2002 election activities of the Texans for a Republican Majority PAC, with which you were involved during the period in question, is underway. While Committee action on Count II of the complaint regarding those activities has been deferred pending further action in the state cases and investigation, the Committee will act on the underlying allegations at an appropriate time.
The Raw Story is quick on the uptake and has some further reaction from Bell:
“Obviously he was hoping the judge would rule in favor of the defendants and he would have declared it a great victory,” former Texas Rep. Chris Bell told RAW STORY Thursday. “And now I think that he has to realize that his arguments aren’t going anywhere, and the web is getting bigger and bigger.“I think it also has to be somewhat of a wakeup call for his colleagues that have already been indicted that their arguments could very well fail,” he added. “And if they do, I think that might motivate some of them to start spilling the beans about exactly what transpired.”
Terry Scarborough of Hance Scarborough Wright Woodward & Weisbart, Ceverha's lawyer, immediately said his client would appeal the ruling to the Texas Supreme Court once Hart issues a final decision (today's decision was only a finding by the judge). "We feel strongly this decision is wrong," Scarborough said in a statement released by his office. "We will vigorously appeal this ruling immediately if Judge Hart allows us to do so."
If you're in Austin, there will be a press conference by the victorious attorney in this case at 2 PM:
WHAT: Press conference
WHO: Cris Feldman, plaintiffąs attorney
WHERE: 1005 Congress, basement conference room
DAY: Today, Thursday, May 25
TIME: 2 p.m. Texas timeContact: Jason Stanford
(512) 457-1909
The treasurer of a political committee formed by U.S. House Majority Leader Tom DeLay violated Texas election code by not reporting hundreds of thousands of dollars in campaign contributions and expenditures, a civil judge ruled today.State District Judge Joe Hart, in a letter to attorneys outlining his ruling, said the money should have been reported to the Texas Ethics Commission.
The ruling means Bill Ceverha, treasurer of the Texans for a Republican Majority political action committee, will have to pay just under $200,000 to be divided among five losing Democratic candidates in 2002 legislative races. Those candidates brought the lawsuit against Ceverha.
Ceverha's lawyers argued in court earlier this year that the group operated legally despite the confusion of state campaign funding laws.
[...]
Three of DeLay's top fund-raisers and eight corporations were indicted in the criminal investigation in September. Ceverha has not been charged in the criminal case.
The Democrats who sued TRMPAC claimed Ceverha violated the state election law designed to keep elections free from "the taint of corporate cash."The Democrats alleged that some $600,000 in corporate money was illegally used to influence Texas House races in 2002, the year Republicans won control of the House for the first time in 130 years. Those victories propelled Craddick, the longest-serving House member, to the speaker's post.
Later, Craddick and DeLay pushed a redistricting bill through the Legislature that ultimately gave the GOP a commanding advantage in the state's congressional delegation.
Corporate money was spent on such expenses as political research, polling, mailing, fund-raising and conferences, the plaintiffs alleged.
The defendants contended all corporate money was legally spent on administrative purposes.
Hart, in his letter, said the expenditures were made "in connection with a campaign for an elective office" and fit within the statutory definition of "campaign expenditure."
I've included statements from the Texans for Public Justice and from Charles Soechting beneath the fold. Thanks to Jesse Lee for being first out of the box on this one.
UPDATE: Marc Olivier has more.
(Austin, TX) In the first civil lawsuit alleging misuse of corporate money in the Texas 2002 state elections to go to trial, Travis County District Judge Joseph Hart today ruled that Tom DeLay?s Texas political committee, Texans for a Republican Majority (TRMPAC) violated Texas campaign law when it failed to disclose more than a half-million dollars in corporate contributions.
Judge Hart awarded $196,660 to the five plaintiffs, all Democratic candidates who lost in 2002.
In reaction to the ruling, Craig McDonald, director of Texans for Public Justice said,
"Today's ruling is bad news for Tom DeLay and his TRMPAC cronies. This ruling draws blood from the financial heart of DeLay's corrupt political empire. This is likely to be but the first of many guilty verdicts against TRMPAC and its leaders.
Today's judgment confirms that TRMPAC blatantly violated Texas election law. It's the first step in holding TRMPAC's leaders accountable for the corruption they levied on Texas' politics.
This ruling will hasten the end of DeLay's white-collar crimes against democracy. It sends a strong message to all the Tom DeLays who act as if they are above the law: Don't mess with Texas elections."
Texans for Public Justice filed the original criminal complaint against TRMPAC's 2002 fundraising activities with Ronnie Earle, the Travis County District Attorney. Multiple criminal indictments are pending against three of Tom DeLay's aides who carried out TRMPAC's activities. A grand jury investigation into TRMPAC is ongoing.
Background on TRMPAC Civil Suit:
The plaintiffs in the civil suit (Paul Clayton, et al v. Bill Ceverha & Texans for a Republican Majority) were five Democratic candidates for the Texas House (one incumbent, 4 challengers) who were defeated by TRMPAC-supported Republicans in 2002 general elections. The defendants were TRMPAC and its Treasurer, William Ceverha, of Dallas. Both John Colyandro and Jim Ellis had been named as defendants in the suit, but the claims against them were temporarily abated due to their ongoing criminal prosecutions. Colyandro faces multiple felony criminal indictments for his role in raising corporate money for TRMPAC and he and Ellis are under felony indictment for laundering corporate money through RNSEC.
Plaintiffs charged TRMPAC and its Treasurer with raising and spending approximately $600,000 in corporate contributions for political activities which is strictly prohibited under Texas law. (Including $190,000 in corporate funds that TRMPAC sent to the RNSEC that was returned in direct campaign contributions to TRMPAC endorsed Republican House candidates.) The prohibited activities included candidate recruitment, fundraising activities, polling, message development and voter identification efforts. Plaintiffs also charged that the defendants failed to report the contributions and expenditures in their Texas campaign disclosure reports. Plaintiffs sought approximately $1.2 million in damages (twice the amount of the illegal contributions.)
Tom DeLay was intimately involved in the entire TRMPAC operation. He served as head of TRMPAC's advisory board, admits that TRMPAC was created on his initiative, and that he raised money for TRMPAC. Documents show that DeLay attended multiple fundraising events where corporate dollars were solicited for TRMPAC.
===========
STATEMENT BY CHARLES SOECHTING
Judge Hart's landmark decision that TRMPAC failed to report $532,000 in corporate contributions makes two things very clear: there was an illegal conspiracy in 2002 to break Texas law, and Tom DeLay and Tom Craddick were at the center of that conspiracy.
Everything since then -- the takeover of state government by extremist politicians paid for by corporate interests, the unprecedented mid-decade redistricting to give the GOP seats it couldn't win at the ballot box, the failure of Texas Republicans to address the state's most pressing public policy challenges -- flows from the illegal conspiracy directed by Tom DeLay and Tom Craddick.
Bankrupt public schools? Eligible children stripped of their health insurance? Soaring college tuition rates? No ethics reform? The highest homeowners' insurance rates in the nation? Blame it on the illegal conspiracy directed by Tom DeLay and Tom Craddick.
Another day, another story about how they're still not quite there on school finance reform and how to pay for it.
The prospects of a public school property tax cut passing the Legislature dimmed Wednesday as House and Senate negotiators argued over whether businesses or consumers should carry the burden of paying for the cuts."I give it 50-50," House Ways and Means Chairman Jim Keffer said about House Bill 3, which must pass in order to provide the one-third cut in property taxes the House wants.
The legislative session ends Monday. The problem is the natural reluctance of lawmakers to vote for new taxes as well as deep divisions between the Senate and House over how high to increase the sales tax and how to structure a new broad-based business tax.
"The fact that we haven't yet come to a consensus is evidence of just how deeply passionate both sides are about getting it right for the kids of this state," said House Speaker Tom Craddick.
Lt. Gov. David Dewhurst said "there's no reason we can't reach an agreement tonight or tomorrow," but expressed frustration with House insistence on tax formulas that give businesses a property tax cut that would be paid for by consumers.
How dire is the Lege's plight? It's so bad that In the Pink has run out of Meg Ryan movies to compare the Craddick/Dewhurst bickering to, and has started on Rutger Hauer flicks instead. If that isn't a cry for help, I don't know what is.
So is it time for us to finally get some of that vaunted leadership that Governor Perry likes to brag about?
With reporters clomping behind him, Gov. Rick Perry barreled out the east doors of the Capitol until he reached the drive outdoors, where he said: "Things are not going well."Disaster forecaster?
Nope. The Republican governor was speaking only of the loss-prone Houston Astros.
One piece of good news: Expanded gambling is officially dead for this session. Senator Nelson didn't even have to put on her pink tennies to see it die.
Scott brings the good news that a requirement of written consent for a search at a traffic is one step closer to reality. As Rep. Pena reports, there was an effort to kill it at the third reading, but it had a big enough cushion to survive a few defections. It's still possible that Gov. Perry could veto it, but for now things look good.
The good news is that Houston's Intercontinental Airport has joined its rival Hobby in providing WiFi access.
“This service will provide travelers a convenient way to update their laptop communications without having to seek out a special Internet connection,” said Bob White, Bush Intercontinental manager. “There is now an expectation, especially by those with Wi-Fi laptop capabilities, to have Internet access in airports.”Customers will need a Wi-Fi card or mobile device embedded with Wi-Fi technology in order to take advantage of the service. Users are greeted by the Bush Intercontinental portal page that provides a host of free information, including real-time flight information.
With the Wi-Fi service already available at William P. Hobby Airport, travelers at both of Houston's major airports can use the new high-speed wireless service in most airport public areas, including gates, restaurants, ticketing and baggage claim, at speeds up to 100 times faster than standard dialup.
Sprint PCS Wi-Fi Access has two available billing options: Pay-As-You-Go access is $9.95 per connection per location for 24 hours of unlimited access; and a new Month-to-Month plan which offers unlimited access for $49.95 per month.
I hope we'll see more announcements like this in the coming months.
Karen Felthauser filed a campaign treasurer appointment on Thursday May 12, with the Texas Ethics Commission to run for State Representative for the 52nd District. Karen ran as a write-in candidate during the 2004 election cycle but has decided to start early for 2006, running this time as a Democratic candidate. In September of 2004 she filed with the Secretary of State’s office with 615 validated signatures from Williamson County’s District 52 residents. Karen and the 27 other people who helped circulate the petition, spoke with and registered many county residents. Karen is counting on the help of these past supporters for her second run for the Texas House.Karen is a certified teacher, who substitutes in Round Rock ISD. She is the mother of 5 and the wife of Jim, a software engineer. Karen is a member of Education Round Rock, the Texas Federation of Teachers, the Texas State Teachers Association and two PTA’s. Karen has a B.S. in Geology and a B.S. in Environmental Psychology from New Mexico Institute of Mining and Technology. After graduating Karen worked for Ford, Bacon and Davis, an engineering firm.
"I choose to run again because I think we must address the very real needs of Williamson County’s District 52 residents. These needs include education, healthcare and transportation development. I am concerned that once again the 79th Texas legislative session in 2005 has not properly prioritized the issues facing Texas."
Banjo brings us the news that 97.5 KIOL is fixing to change again, this time to an all-talk format.
The Texas radio rumor mill is all abuzz about Cumulus Media's soon-to-sign-on FM in Houston. The word on the street is that the 97.5 MHz signal will become the home of KFNC, which stands for "FM News Channel 97.5." KFNC's news-heavy lineup will reportedly include extended morning, midday and afternoon drive local news blocks, and mostly local talk personalities rounding out the day. News anchors and talk hosts said to be a part of the new station's staff are Jim Pruett, Brian Shannon, Laurie Kendrick, Chuck Savage, Mike Shiloh, Robyn Geske, Craig Roberts and Martha Martinez. Additionally, Jones Radio Networks' syndicated consumer crusader Clark Howard is also reportedly part of the new station's weekday schedule. Earlier this week the Chicago Sun-Times reported that WDEK, WKIE & WRZA/Chicago personality A.W. Pantoja had exited the trimulcast's morning slot to join "a new FM talk station in Houston." Cumulus/Houston Market Manager Pat Fant GM had no comment on the rumors.
I've had my share of bad days, but nothing like what happened to Lair this afternoon. Geez. Glad everything got worked out in the end, dude. I'd say the karma scales should be tipped in your favor for awhile now.
The prosecution took longer than they thought they would to put on their case, a development which almost led to a juror revolt and which did lead to the defense making the slightly bizarre offer to help pay their salaries, a suggestion the judge nixed. Today, after five long weeks of often dull testimony, including recent allegations of just a joke video skits, purchase backdating, verbal pacts, and suspicious trading activity, the prosecution has finally rested its case.
The prosecution rested today in the Enron Internet division criminal trial and the five men accused of putting a profitable face on the company's failing business will begin presenting their witnesses next week, with some or all of the defendants likely to testify.The Enron Task Force prosecutors will argue they have proved that three of the men lied to analysts and investors about the technological capabilities of Enron Broadband Services and then sold their own stock, pocketing millions of dollars on insider information.
Prosecutor Cliff Stricklin questioned a finance specialist who the government paid more than $500,000 to trace the stock sale proceeds and show they were moved to different accounts, to prove up money laundering charges against former EBS co-CEO Joe Hirko and high-level technology execs Rex Shelby and Scott Yeager.
[...]
Defense lawyers are expected to argue that Yeager, Hirko and Shelby didn't lie about technology, but were projecting a plan for the future. They will also say the trades were not based on insider information but made because stock options would expire, the price was up and the men wanted to diversify.
The other two men on trial, midlevel finance and accounting workers Kevin Howard and Michael Krautz, are accused of arranging a fake sale of Enron's future profits off a video-on-demand deal. Prosecutors charge they faked the accounting so it looked like income to Enron rather than the loan the government says it really was.
Their defense is likely to be that there was that the deal was above board, the purchaser nCube was really at risk and really lost money in the deal.
The hit count was about 52,000 for the month of April, with fairly steady daily totals throughout. I can't actually remember anything exciting from a traffic-watching point of view for the month, so I'll take this opportunity to say thank you as always for reading. I really appreciate it.
Top referrers and search terms are beneath the More link.
Aggregators, collections, indices, etc ====================================== 270: http://blo.gs/ 205: http://www.bloglines.comWeblog referrers
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343: Political Animal
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250: The Burnt Orange Report
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In a surprise move, the NFL owners have awarded Super Bowl 43 to Tampa.
The owners eliminated Houston first and Miami second with Tampa beating out Atlanta for the winning bid.Atlanta and Houston had been considered the favorites, with Tampa a longshot.
"In terms of timing, (the owners') feeling was that Houston had just had a Super Bowl and that seemed to override everything else," Texans owner Bob McNair said in reaction to why Houston was eliminated first.
Miami was voted out because it is hosting the Super Bowl in 2007.
"It's a surprise, but that's life, " McNair said of the winning bid. "Our bid team was great. I'm proud of the effort given by a lot of people."
"This was the most highly contested bid process anybody has seen," he said. "I'm not shocked by anything anymore, but I'm surprised which city was selected."
All together now: Lord have mercy on our souls.
Yes, Texas has an erotic bakery in it. Specifically, Sugar Land has an erotic bakery (moderately NSFW) in it. And some people are not happy about that. Juanita tells the sad yet utterly hilarious story. You'll finish your beverages before you start reading if you know what's good for your monitor.
You know the drill: Progress is being made on tax and school finance issues. Both chambers are committed, differences remain but we're all confident, we know time is running out, blah blah blah.
Lt. Gov. David Dewhurst and Speaker Tom Craddick met for about 90 minutes in Craddick's office Tuesday afternoon, with Senate Finance Chairman Steve Ogden joining part of the session. Dewhurst later said the Senate remains determined to forge a school finance and property-tax relief compromise before legislators adjourn Monday. But he reported little progress, and Craddick declined to comment."We've got a lot to do, but we can do it," Dewhurst said. "The Senate is motivated."
Asked if Craddick shared his sense of urgency, he replied: "I think the speaker understands that time is passing."
A few items of interest:
[House Ways and Means Chairman Jim Keffer, R-Eastland] said the House also is ready to drop a controversial tax on soft drinks and snack foods.
The differences between the tax bills was outlined in a letter to lawmakers from Comptroller Carole Keeton Strayhorn. The letter said the House version of a revised state franchise tax would raise $600 million more than the current tax during the next two years, while the Senate version would raise an additional $2.5 billion.
The House, meanwhile, approved Senate Bill 1863. The key provision in that bill sets Medicaid and Children's Health Insurance Program eligibility at six months instead of a year. That difference will save the state $300 million over the next two years by making it more difficult for individuals to stay on the state health insurance programs for the poor.
The budget likely will not include funding for one of Gov. Rick Perry's priority projects, creation of a $300 million emerging technology fund for business development. His current Texas Enterprise Fund also will be funded at about $250 million instead of the $300 million he had requested.
Five days to go. Hold onto your hats.
UPDATE: Leave it to In the Pink to work in an appropriate movie reference.
Today's the day for the NFL owners to decide who gets to host Super Bowl 43 (sorry, but any Roman numeral with more than three letters in it is too big a pain in the butt to write). The four contenders - Houston, Atlanta, Tampa, and Miami - will get to make a 15-minute presentation each, starting at 10 AM. We'll know the verdict sometime after that. Who will it be? Leave your guess and the reason why you think it'll be that city in the comments.
The runoff race for San Antonio's mayor just got more interesting, as a new poll has Phil Hardberger taking a lead over former frontrunner Julian Castro.
In poll results that are to be released on News 4 WOAI tonight, Hardberger has surged ahead of Castro for the first time, 50 percent to 47 percent. His momentum appears to be aided by the support of Republican-leaning voters and the backing of developers and members of the business community who originally backed conservative Carroll Schubert, who placed third in the May 7 election.According to the Survey USA results, 73 percent of the 447 likely voters who describe themselves as Republicans and responded to the poll over the weekend are supporting Hardberger.
The Red State notes that Hardberger chose yesterday to announce that he is opposed to a public referendum on a special taxing district that would raise money for a PGA Tour golf resort over the Edwards Aquifer recharge zone. The bill that would allow for the special taxing district is currently being held up by a point of order, as TRS and Texas Golf both note. Will that stance erode some of Hardberger's Democratic support? Maybe, but The Jeffersonian thinks he's got the momentum anyway.
One piece of good news for Castro - he's now on the Democracy for America candidate list. It looks like he'll need the help. Via Latinos for Texas.
As a reminder, the runoff election is Tuesday, June 7. Early voting will be held from May 31 to June 3. More info on locations and times can be found here. Thanks to The Red State for the scoop.
Eye on Williamson County points to the current status of HB2702, the bill that has so far survived the process to clean up stuff from last session's HB3588, which created the Trans-Texas Corridor.
The Senate version of House Bill 2702 would limit commer- cial investment in a proposed Texas turnpike network and would require public approval before a free road could become a toll road. The House-passed version contains no such provision.An amendment added Saturday by Sen. Gonzalo Barrientos, D-Austin, would prohibit billboards along Texas 130 in Travis County.
Because the Senate-passed measure contains different wording and provisions than the version approved earlier by the House, the legislation now goes to a conference committee to resolve the differences.
The Senate version:
* Would require a public vote for all conversions of existing roads to toll roads.
* Would remove the ability of the state to purchase land on the Trans-Texas Corridor and use it for a garage, store, restaurant or hotel. The House version would continue to allow such uses.
* Would require that gas stations and convenience stores on the Trans-Texas Corridor be in the median, not outside the lanes, and be no closer than five miles from regular entrances or exits.
* Would require state or local governments to regulate toll rates, rather than granting that authority to private toll road concessionaires. The conference committee probably will be led by Rep. Mike Krusee, R-Williamson County, and Sen. Todd Staples, R-Palestine, the sponsors of the House and Senate versions.
Both measures clean up House Bill 3588, the 300-plus-page legislation from 2003 that granted the state and regional mobility authorities a wide range of powers to create toll roads.
On other toll-road related news, that meeting to discuss the Grand Parkway extension through Spring is tonight. See below the fold for more. Anne, I hope you'll attend and write something up on it afterwards.
Also, the Citizen's Transportation Coalition's board will meet this Thursday, May 26 at 6:45pm at the HEB Central Market on Westheimer at Weslayan. All CTC meetings are open to interested individuals, so make plans to attend if that includes you.
SPRING AND TOMBALL AREA RESIDENTS TO QUESTION OFFICIALS
FROM HARRIS COUNTY AND TXDOT ON PROPOSED GRAND PARKWAY:
Public meeting Wednesday night organized by area
neighborhood groups to include Commissioner Jerry Eversole,
Art Storey, Gary Trietsch and other officials
CONTACTS:
Yvonne Tallent, Willow Glen subdivision
[email protected]
c 281-813-9513
David Mifflin, Fox Hollow West HOA
[email protected]
h 281-288-3895
c 713-705-4531
Connie O'Donnell United to Save Our Spring
[email protected]
h 281-376-8385
HARRIS COUNTY, TX - A coalition of Spring and Tomball-area homeowners associations and property owners will host a town hall meeting Wednesday evening to press Harris County and TxDOT officials for answers to questions regarding the proposed Grand Parkway Segment F2 project.
What: Public Meeting on the proposed Grand Parkway, segment F2. Officials will answer questions from concerned residents
When: Wednesday, May 25, 2005 at 7:00 pm
Where: Klein Collins High School, auditorium
20811 Ella Blvd., Spring, TX 77388
Proposed routes for Segment F2 of the Grand Parkway would dissect neighborhoods in the Tomball and Spring areas. Residents are concerned by the potential for extensive loss of property through condemnation in order to obtain right-of-way for the proposed toll road. Many residents have received "Notices of Intent to Survey Property" from engineers working on the project for Harris County Toll Road Authority, though the road was originally billed as a TxDOT project. With confusion over which agency will eventually build the road, this meeting is an attempt for residents to determine which entity in fact has control over the project, and ensure that their concerns are heard and addressed.
"There have been a lot of rumors flying around about which agency is in control of the project and where it is going," said David Mifflin, a member of Fox Hollow West HOA. "Any information they have to offer us, we need. We have not heard an update on the project since Harris County got involved in January."
Panel guests at the meeting will include Jerry Eversole, Harris County Commissioner, Precinct 4; Art Storey, Executive Director of Harris County Public Infrastructure; Mike Strech, Director Harris County Toll Road Authority; Gary Trietsch, District Engineer, TxDOT; David Gornet, Executive Director, Grand Parkway Association; Jerry Thomas, United to Save Our Spring; and Peter Tyler, Advocacy Chair, Citizens' Transportation Coalition. Meeting attendees will include representatives from the offices of state Rep. Debbie Riddle, Rep. Corbin Van Arsdale, Congressmen Mike McCaul, and Congressman Ted Poe.
There's been another outbreak of new and new-to-me blogs on the scene lately, so I'm overdue for an update on the Texas political bloggers page. I promise to try and have some action on this by the weekend, but it never hurts to give me a nudge as a reminder, so leave me a comment here if your blog has been overlooked.
A few of the blogs that need to be added to the collection:
Etc and So On, done by the proprietor of Texas Golf
There are more, some of which I might even remember on my own, but there's no reason for you to take any chances. Leave me a comment and tell me who I'm overlooking. And I promise to get that update done.
Still no word from the Governor's office as to when there will be an election to replace the late Rep. Joe Moreno in HD143. In the meantime, Rob Booth reports that the Harris County GOP has passed a resolution (Word doc) supporting Reggie Gonzales for whenever that election occurs. As the Democrats and Rose Spector faced long odds in the HD121 special election in February, so would Reggie Gonzales in HD143, but also as the Democrats had nothing to lose by running a good candidate, neither do the R's (assuming Reggie Gonzales is a good candidate - I have no idea).
Here's a biography of Laura Salinas, the candidate being supported by Marc Campos. Stace has called for other candidates to send their info to him for posting; I hope they take him up on it. He has some other thoughts on the race as well.
I've got a long memory. Having a blog with categories and archives helps, since I can easily search for stuff I know I've written about in the past. One of the things I remember well is how State Sen. John Whitmire sold out his Democratic colleagues by unilaterally ending the Senate standoff on redistricting in 2003. Had he been able to control his happy feet for another 30 days or so, the Democrats would have won by running out the clock - there would not have been the time for a new map to get passed, reviewed, and litigated prior to the January filing deadline. He's never given an adequate explanation for his choice, nor has he ever (to my knowledge) expressed regret that he helped Tom DeLay get his way. I'm still pretty bitter about it, and I know I'm not alone.
But I have to admit that he's had a pretty good session this year. Injustice Anywhere lists some of Whitmire's accomplishments, and she's got a point. Last month, Marc Campos claimed that Whitmire is the "leading voice" among Texas Democrats right now. I'm not sure I'd agree with that, and I certainly hope that in a few months' time, once the campaign season has really kicked into gear, we'll have some stiff competition for that designation, but Whitmire's seniority and visibility on criminal justice matters arguably makes him the most influential Dem in the statehouse.
After last year's elections, when the map that Whitmire helped to enable knocked off five good Congressmen, I was ready to sign up for the campaign of whoever would challenge Whitmire in a primary. I'm a bit calmer now, but I still won't shed any tears if someone does go after him, as maybe then we'll finally get to hear what the hell he was thinking. I can't say that such an endeavor would be guilt-free, however. Which annoys the crap out of me - I like my good and evil to be clearly delineated, dammit!
I haven't forgiven John Whitmire, and I'll never forget the choice he made in September of 2003. I haven't yet resolved the mostly-good work he's done this session (and his mostly-good track record overall) with those feelings, and I may never succeed at that. If you feel more certain about him one way or another, that's fine. I'm still working on it.
Scott says that HB2193, a bill to reform the state's probation system is up for debate today. The main opposition to this bill appears to be coming from the District Attorney for Williamson County. Here's what he's arguing against:
Academic and former Criminal Justice Policy Council staffer Pablo Martinez testified that shortening probation terms would improve public safety. People don't need to be on probation longer than three years, he said, since virtually every recidivist will re-offend by then. Probationers need the most supervision right away, immediately after the offense, he said, not 5-10 years down the line. Martinez said 41% of those revoked from probation in Texas were for technical violations.That figure jibes with those given by Chairman [John] Whitmire when he laid out his bill. About 25,000 Texans each year enter prison after their probation is revoked, he said -- 10,000 of them for technical violations, not new offenses. (Some 12,000 more are revoked each year from parole.)
Whitmire said that, for him, this bill isn't about saving money but strengthening supervision of offenders. The Senate's budget authorized $57 million in new probation program money, and another $62 million to house 3,000 more prisoners in county jails and private facilities. So there's no evidence, he said, the Legislature won't spend what's necessary for public safety; he just wants to focus resources to provide offenders more oversight. The current version would lower probation officer caseloads from 150 to 116 each -- still higher than experts recommend, but an improvement.
What, you didn't know there was a school voucher bill in the House? I've been trying to keep up with so many other (mostly bad) bills that this one almost slipped right by me. Thankfully, it died in the House after a couple of amendments by Rep. Charlie Geren (R, Fort Worth) mostly gutted it. You can read about it here, but the much more entertaining account comes from the floor and the blog of Rep. Pena, who casts it all in Star Wars terms. I am so calling Sylvester Turner "Mace Windu" at the rescheduled Legislative Heroes shindig on June 10. I have just one quibble - Rep. Pena never assigned a role to bill sponsor Kent Grusendorf. I'm thinking Senator/Emperor Palpatine here.
More from Seth, In the Pink, and a twofer from PinkDome.
The wonderfully named Thurl Ravenscroft, who gave voice to Tony the Tiger, has died at the age of 91.
Ravenscroft died Sunday of prostate cancer, said Diane Challis Davy, director of Laguna Beach's Pageant of the Masters.For more than 50 years, Ravenscroft was the affable voice behind Tony the Tiger, TV's popular cartoon pitchman for Kellogg's Frosted Flakes.
"I'm the only man in the world that has made a career with one word: Grrrrreeeat!" Ravenscroft told the Orange County Register in 1996. "When Kellogg's brought up the idea of the tiger, they sent me a caricature of Tony to see if I could create something for them. After messing around for some time I came up with the 'Grrrrreeeat!' roar, and that's how it's been since then."
He also narrated the summertime Pageant of the Masters at Laguna Beach for 20 years and lent his voice to characters on thrill rides at Disneyland, including the Pirates of the Caribbean, Splash Mountain, the Enchanted Tiki Room and the Haunted Mansion.
"Disneyland wouldn't have been, and wouldn't be, the same without him," the park's former president, Jack Lindquist, told the Register. "His voice was one of the things that made it all come alive."
Ravenscroft also did voices for the animated films Cinderella, The Jungle Book, Mary Poppins, Alice in Wonderland, Lady and the Tramp and many others.
UPDATE: And of course, read Mark Evanier for more.
There's something amusing about the concept of Steve Miller being the CEO of his own musical moneymaking empire.
He entered the rock pantheon as a joker, smoker and midnight toker.But sitting in a business suit in front of 400 corporate executives, Steve Miller's message had more to do with knowing how to take the money and run.
"I love playing, but you can't get to the good stuff unless you keep an eye on the business," said Miller, immediately after speaking at a business conference put on by the Hackett Group, an Atlanta-based corporate research and advisory firm.
The singer — known for hits like The Joker, Fly Like an Eagle and Take the Money and Run — was part of a roster of presentations that included Benchmarking for Competitive Advantage and Generating a Return on Compliance Efforts.
Miller's speech underlies a truth that's become more obvious recently — rock 'n' roll is big business and, hard-living stereotypes aside, the rockers who succeed over the long run are the ones paying attention to their finances.
One can make jokes all day about this. My real purpose for linking to this story is to vent about the following bit of media bias:
Experts say changes in the industry are requiring artists to be even more mindful of ways to market themselves, and their music, to the public. Thanks to Internet downloads, album sales have been dropping steadily for the past five years. Concert attendance is down.
I've ranted many times before about how the kind of station that Steve Miller fans would tune in to would never under any circumstances play any new music by Steve Miller, and how that in my opinion is at least as big a drag on new music sales as anything else. I'll leave you with this quote from an author of the study about downloading:
Our research shows that people do not download entire CDs. They download a few songs, typically the hits that one would also hear on a Top 40 station. This suggests that P2P is much like the radio, a great tool to promote new music. The music industry has of course long recognized that giving away samples of music for free over the airwaves can stimulate sales. The same seems to hold for P2P.The problem with radio as a promotional tool is that it can be quite expensive for labels to get radio stations to play their music. P2P networks are promising because they make the market for music promotion more competitive. From the perspective of the music industry, the more competition among P2P services, the less costly it will be to promote music.
My post on the 2005 HBA judges' poll has generated a fair amount of interest, with a lively comment thread here. I want to clarify a few points about this poll:
1. As I said in the comments, nearly every single judge in that list is a Republican. If this were merely a partisan beauty contest, I'd expect to see a lot more negativity across the board. That doesn't mean there can't have been partisan motives where Justice Owen was involved, but given the generally high marks these judges got, it seems unlikely that partisanship was the only motive.
2. When I say "generally high marks", I'm not exaggerating. I copied the poll results into a spreadsheet, which I have sorted in descending order by "Outstanding" percentage. Of 156 judges, Priscilla Owen's 39.5 Outstanding percent ranked 105th. Further, her 45.3 Poor percent was the twelfth worst. Only seven judges were rated Poor by a majority of respondents; in comparison, 25 had a Poor mark of 10% or less. The average rating across the board was 47.3% Outstanding, 30.2% Acceptable, 22.5% Poor. I think that qualifies as generally high, and it underscores my point: compared to her peers, Priscilla Owen is not very highly regarded.
3. Is this the definitive word on Priscilla Owen? Of course not. It's a data point. While I don't think political beliefs played a role in the overall ratings, that doesn't mean they didn't affect how people ranked one controversial and highly publicized judge. As my father, himself a retired judge, pointed out in the comments, some of the lawyers who took the poll may have nothing but a case in which they lost as their experience. I believe this is consistent with the overall body of evidence on Justice Owen; reasonable people can certainly disagree on that.
So take it for what it's worth. Me, I think it's worth something.
We passed a milestone last week - the ten-year anniversary of the first megaplex movie theater.
While it seems as if gigantic movie theaters have been with us forever, the megaplex theater — defined as having 14 or more screens and modern amenities like stadium-style seating — turns 10 years old this week.AMC Entertainment opened the first, the Grand 24 in Dallas, on May 19, 1995, ushering in a new concept that used its scale to change how movies are shown. Ticket prices and audience expectations have gone up in the 10 years since, and megaplexes now face problems of their own.
[...]
Anthony DiClemente, an entertainment analyst for Lehman Bros., said the key was giving theater owners a huge number of slots to show movies.
"What was wrong with the multiplexes was you still had a situation, even with six or eight screens, where you couldn't show movies on more than one screen," DiClemente said. "That meant that on Friday and Saturday nights, you were still having sold-out shows. That was the impetus behind the megaplex: to satisfy demand at its peak."
After the Grand 24 opened, most major theater chains raced to build their own megaplexes or retrofit older theaters, racking up huge construction costs. Most of the industry's main players filed for bankruptcy in the late 1990s, leading to widespread consolidation. Audiences were willing to go to theaters farther away because they liked the seating better and theater chains filed for bankruptcy to get out of leases on theaters they wanted to get rid of, said analyst Dennis McAlpine of McAlpine Associates.
After losing on more points of order than I can count, Rep. Phil King finally got his bill to allow telcos into the cable-TV biz passed out of the House.
The measure was included in a larger bill that extends the life of the state's Public Utilities Commission, a tactic that attracted opposition from some lawmakers who said it was misplaced. Yet in the end, the bill's sponsor, who had suffered several setbacks on his way to passing the bill, won."It [cable] will no longer be a little monopoly that just gets more expensive every year," said Rep. Phil King, R-Weatherford.
The bill allows telephone companies such as SBC and Verizon to obtain a single, statewide franchise to provide TV service over their phone lines.
[...]
Mr. King overcame efforts to strip the cable provision from the bill. Rep. Burt Solomons, R-Carrollton, said Mr. King grafted a "major state policy change" to a bill that had nothing to do with telecommunications.
"You were insistent on having your special-interest language ... in it," Mr. Solomons said.
Mr. King said the change would benefit consumers by leading to lower prices and corporate investments that create jobs. He said it would end the anachronism of cities having a say in what channels cable companies offer.
"It is not a utility, like making sure everyone has electricity or water," he said. "This is entertainment, and it's just not the city's place to regulate."
Mr. King said cities would still get the same amount of revenue from cable providers. Cable providers would pay to cities a fee equal to 5 percent of their gross revenues.
Verizon hailed passage of the bill, saying it creates the opportunity for competition.
Mr. King said he was hopeful that the Senate would pass the bill, but he did not suggest the votes are there.
(5:00 p.m.) Rep. Solomons comes up with an amendment that would strip the King amendment (HB 3179) off of the sunset bill. This is that one last shot into the death star, to use a Star Wars metaphor.If you want the King matter removed so that we have a clean sunset bill then one needs to pray that Solomons (uses the force) has the votes.
Others who think that competition is healthy for the consumer then this vote is critical.
The vote is 101 SBC to 34 Time/Warner. King wins that round. Many think that last vote is reflective of the final vote. Let's see.
(7:45 p.m.) THE FINAL VOTE IS IN; SBC WINS ON A VOICE VOTE; SB 408 PASSES
Thanks to my friend Andrea, I got in to the Members Preview party for Baseball as America at the Museum of Fine Arts on Friday. It's definitely worth seeing. There's so much stuff that it's hard to boil it down into a capsule review - Mickey Herskowitz captures a lot of it. One part of the exhibit he didn't mention was the one that I think was my favorite (it's hard to pick just one), and that was an exhibit on fandom. The highlight of that was various forms of self-expressed love for baseball and/or a specific team or player made by regular fans - artwork carved out of bats or drawn onto balls, a dress made from 35 years' worth of World Series tickets, an amazingly detailed scrapbook of the 1912 season made by two boys. When some people say "I live for this", they really mean it.
Anyway, two thumbs up. There's supposed to be a trivia contest on June 25, for which Chron columnist Ken Hoffman is a judge. I will do my best to make it to that. There will be book signings, movie screenings, and other stuff going on through the summer as well. Whatever else you do, make sure you see "Baseball as America". You'll enjoy it.
The NFL owners will get together on Wednesday and vote on who gets to host the Super Bowl in 2009. Houston and Atlanta are reported to remain the favorites for Super Bowl XLIII.
Houston, Atlanta, Tampa and Miami are finalists for Super Bowl XLIII, and league sources say that, barring a major upset, either Houston or Atlanta will be awarded a third Super Bowl."I feel that we've got the best bid, but that doesn't always mean you're going to be awarded the game," Texans owner Bob McNair said. "Sometimes, other things factor into it. Its a political process.
"That's why I'm not ruling out anyone.
Heavyweights from Houston's political and business arenas are going to Washington to support or participate in the 15-minute presentation Wednesday that will be followed by secret ballots until one city gets a majority.
Heading the Houston contingent are McNair, Chuck Watson, chairman of the bid committee; mayor Bill White; Harris County judge Robert Echols; consultant Robert Dale Morgan, president and CEO of 2004 Houston Super Bowl Host Committee; Don Henderson, vice president and managing director of the Hyatt-Houston; Jordy Tollett, president of Greater Houston Convention and Visitors Bureau; Shea Guinn, president and general manager of Reliant Park; and Denis Braham, an attorney who heads the sports practice at Winstead Sechrest & Minick.
"We've received terrific support from the city and county," McNair said. "Mayor White and Judge Echols will be part of our presentation."
McNair, who serves on NFL committees, has been working behind the scenes to help Houston host its second Super Bowl in six seasons."I'm talking with them, writing letters doing everything I can to solicit their support," McNair said about the other 31 owners.
The 2004 Super Bowl in which New England defeated Carolina 32-29 at Reliant Stadium was regarded as a smashing success by many NFL owners and executives who were impressed by the facilities, hospitality, entertainment venues and restaurants.
"We've done a lot of work, and we think we have a great bid," said Watson, who chaired the 2004 host committee. "We think we have a great bid, but I'm impressed with all the bids."
Each city has positives and negatives.
So now that we're on the brink of enshrining a bit of bigotry in the state Constitution, it might be wise to ask: What are the unintended consequences of this? Will the proposed amendment affect common-law marriage? One person who testified before the Senate thinks so.
"It's fiscally irresponsible and constitutionally reckless," said Austin lawyer Robert Andrews, who says it could adversely affect common-law marriages in Texas despite lawmakers' assurances to the contrary.Under current law, he said, people file a Declaration of Informal Marriage to register their common-law status at a courthouse — and he thinks those declarations may be prohibited.
"They've gotten so overbroad with this, they've covered things they don't know they have," Andrews said. "I'm really concerned they blew it (in approving the resolution) . . . that they've covered three times as many people as they think they have."
UPDATE: Marc Olivier puts it all together.
Supplemental Analysis and Written Testimony Prepared for the State Affairs Committee of the Texas Senate, Hearing on HJR 6, May 19, 2005
Prepared and Respectfully Submitted by:
Robert F, Andrews, J.D., M.Div.
Attorney at Law
Texas Bar Id: 01248850
Submitted on behalf of:
Jeffrey Mark Browner and Suzanne Eells Sanders, united in Informal Marriage
Rosemary Wetherold, Texas Resident and Taxpayer
On May 12, 2005, Judge Joseph F. Bataillon of the United States District Court for the District of Nebraska, sitting in Lincoln, issued his opinion in Citizens for Equal Protection v. Bruning (hereafter Bruning) declaring the Nebraska Constitutional Amendment banning same-sex unions unconstitutional. I called the attention of this Committee to this incredibly significant opinion which has enormous implications regarding the constitutionality of HJR 6 in a written submission on May 16, 2005, a copy of which is included with this submission and incorporated in it by reference. Bruning was issued subsequent to the adoption of the proposed constitutional Amendment by the Texas House of Representatives. It is the first opinion by a federal court to address amendments similar to HJR 6 which have been passed in various states. The effect of this opinion must be considered carefully by this committee before an Amendment to the Texas Bill of Rights is recommended to the full Senate, and especially in light of Section 29 of our Constitution (a copy of which is included for your reference) which would likely render Informal Marriage and Adoption by Estoppel void in many, if not all, circumstances, if the proposed amendment is added as Section 32 of our Bill of Rights.
Arguments on behalf of Jeffrey Mark Browner and Suzanne Eells Sanders, united in Informal Marriage
Jeffrey Mark Bowner and Suzanne Eslls Sanders decided between themselves to become married under common law in Texas. A copy of a document issued to them on March 31, 2005, by the County Clerk of Travis County entitled "Declaration and Registration of Informal Marriage" is attached hereto for your review.
I disagree with the Amendment's House sponsors regarding the question of whether the proposed Amendment would impact Jeff and Suzanne's Informal Marriage. It seems probable to me that it would do so, as their Informal Marriage was now enjoys a "legal status" recognized by obtaining a certificate of registration from a local County Clerk, who obviously acted as a "subdivision of this state." Other Informal Marriages are recognized by obtaining a divorce from a local court of competent jurisdiction. Section 29 of our Constitution would likely render any such decree or certificate void if the proposed Amendment were added as Section 32 of our Bill of Rights.
Section 29 would likewise impact the rights of children in gay and lesbian families to recognition of "Adoption by Estoppel" in Texas Probate and Family courts. This is an important legal right which our law extends to these children which may be lost by operation of Section 29 of the Constitution in interaction with the proposed Section 32.
Statement of Rosemary Wetherold, a Texas Taxpayer
My client Ms Wetherold has asked that I include the following statement in my submission to the Committee:
Like the vast majority of Texans, I am opposed to HJR 6 and any other attempt to target a particular segment of our society for discrimination. As someone who is "straight but not narrow," I do not want discrimination against me or anyone else to be written into the Texas Constitution. At a time when state funds are low, yet the needs of Texas citizens are great, do not waste taxpayers' money to pay for an election on an odious amendment that is likely unconstitutional.
Rosemary Wetherold, native Texan, lifelong Texas resident, and Texas taxpayer
Austin, TX 78735
Ms. Wetherold's concerns are augmented by the analysis I submitted to you on May 16, 2005, which notes the probable unconstitutionality of HJR 6. She is most concerned as a taxpayer that holding an election on the proposed amendment at his time would be fiscally irresponsible in light of the Senate's role as collective stewards of the taxpayers' money.
Conclusion
I hope this supplemental analysis is helpful to you. Proceeding further on HJR 6 would be fiscally irresponsible and constitutionally reckless. The impact of the proposed Amendment on Informal Marriage as accepted in Texas is dire. The impact upon children who might otherwise be able to benefit from the doctrine of Adoption by Estoppel poses a severe consequence to these children. The financial cost of an election on the proposed Amendment would needlessly burden Texas taxpayers in light of the Amendment's dubious constitutionality.
I want to thank each of your for your work in public service, for your consideration of my testimony and for your attention to the concerns of my clients and for your care for the Texas Constitution.
Excerpt (from a letter to Senator Madla) :
"I believe moving forward on HJR 6 at this time would be fiscally irresponsible and constitutionally reckless in light of the recent opinion by a federal district court in Lincoln, Nebraska, invalidating a similar amendment to the Nebraska Constitution. The ruling in the Nebraska case, Citizens for Equal Protection v. Bruning, a copy of which I provided to the Committee, was issued subsequent to the passage of HJR 6 by the Texas House, and ordinary principles of both fiscal and constitutional stewardship and prudence argue that time ought to spent studying the effect of the opinion on the proposed Texas amendment, rather than rushing the State headlong into a legal battle and potentially wasting taxpayer money on an election by acting on HJR 6 this session. There simply is no crisis impelling this rush, and plenty of principled, conservative arguments against it.
I do believe HJR 6 as currently proposed would impact "common law marriage" by denying legal recognition by the State or any political subdivision thereof (including the Bexar and Travis County Clerks) to "any legal status identical or similar to marriage." The proposed placement of HJR 6 as Section 32 of the Bill of Rights of the Texas Constitution, would afford the extraordinary provisions of Section 29 of the Bill of Rights to the proposed amendment and would render any act of any government agency, including the Bexar County Clerk, taken contrary to its provisions void.
In speaking with an attorney in the Attorney General's office this morning after Senator Staples announced the Attorney General had advised him the Amendment would not affect Informal Marriage, I became convinced the Attorney General's office simply did not consider this aspect of the Texas Constitution when reaching its opinion. As I understand the Attorney General's position, he feels "informal" or "common law" marriage is simply marriage and not an arrangement "similar to" marriage. I am afraid he is incorrect, especially given the strong emphasis in the House debate on protecting "Traditional Marriage" and the fact that common law marriage often is established in Texas by filing for divorce (and proving the marriage relationship through evidence) rather than by obtaining a marriage certificate. There is simply too much difference between statutory marriage and informal marriage in Texas to take the risk that an amendment added by Representative Talton on the House floor (now section 1(b) of the proposed Section 32 of the Bill of Rights) would negatively impact couples united in informal marriage, despite the Attorney General's quickly rendered informal opinion that it would not."
Citizens for Equal Protection v. Bruning (D. Neb., May 12, 2005) and HJR 6
An Analysis Prepared for the State Affairs Committee of the Texas Senate
Prepared and Respectfully Submitted by:
Robert F, Andrews
Attorney at Law
Texas Bar Id: 01248850
On May 12, 2005, Judge Joseph F. Bataillon of the United States District Court for the District of Nebraska, sitting in Lincoln, issued his opinion in Citizens for Equal Protection v. Bruning (hereafter Bruning) declaring the Nebraska Constitutional Amendment banning same-sex unions unconstitutional. This is an incredibly significant opinion which has enormous implications regarding the constitutionality of HJR 6. The Opinion was issued subsequent to the adoption of the proposed constitutional amendment by the Texas House of Representatives. It is the first opinion by a federal court to address amendments similar to HJR 6 which have been passed in various states. The effect of this opinion must be considered carefully by this committee before an Amendment to the Texas Bill of Rights is
recommended to the full Senate.
Background of Bruning
The Amendment under review in Bruning, now Article I, Section 29, of the Nebraska Constitution, was added to the Nebraska Constitution after a ballot imitative in November of 2000. It provides "[o]nly marriage between a man and a woman shall be valid or recognized in Nebraska. The uniting of two persons of the same sex in a civil union, domestic partnership, or other similar same-sex relationship shall not be valid or recognized in Nebraska." The Amendment proposed by HJR 6 is similar to the one enacted by Nebraska voters and found unconstitutional by the Bruning court in many ways.
Despite what you may hear, this is not an "activist judge" opinion, and it certainly did not legalize same-sex marriage in Nebraska. The opinion is almost wholly based on Romer v. Evans, 517 U.S. 620 (1996), and the Judge quite carefully followed the law. The Lawrence v. Texas, 539 U.S. 558 (2003), opinion is only cited once in the case.
Section 29 failed five separate constitutional tests, any one of which grounds would be sufficient for affirmance in the 8th Circuit. On first blush the Nebraska constitutional amendment appears unique, but there is a very striking parallel with HJR 6 which is strengthened by Section 2 of HJR 6, the section listing certain contractual rights which the "state recognizes," and by the language of Section 1(b) HJR 6 which prohibit the state or any subdivision thereof from creating or recognizing any "legal status identical or similar to marriage." (Emphasis Added). The placement of the proposed amendment in the Texas Bill of Rights, Article I of our Constitution, causes significant additional concerns in light of the Court's analysis in Bruning, because of the extraordinary protection given to provisions of the Texas Bill of Rights by Article I, Section 29, of the Texas Constitution, which provides that any action taken by any branch of the state government contrary to a provision of the Texas Bill of Rights "shall be void."
First Amendment Freedom of Political Organization. Section 29 prohibited or impaired Nebraska citizens from lobbying for laws which would protect them from discrimination or enhance their status by writing discrimination into the state's Constitution. The Court's findings were augmented by the overbreadth of the amendment. The proposed amendment to the Texas Constitution is similarly overbroad, prohibiting the state or any subdivision thereof from creating or recognizing "any legal status identical or similar to marriage." (HJR 6, Sect. 1 (b)).
Fourteenth Amendment Freedom of Intimate Association. The Bruning Court stated the Constitution "afford the formation and preservation of certain kinds of highly personal relationships a substantial measure of sanctuary from unjustified interference by the state.' (Opinion at 14). It also noted "the legal status of, or state sanction upon, [such] a relationship is not controlling. (Opinion at 15), and cited Lawrence as holding that "the fact the governing majority in a state has traditionally viewed a particular practice as immoral is not sufficient reason for upholding a law prohibiting private consensual sexual behavior." (Opinion at 16).
Because the Supreme Court in Lawrence was construing a Texas statute, this provision has special application in our state.
First Amendment Right to Petition Government for Redress. The Bruning Court stated the right to petition, or to participate equally in the political process "can be impinged by a state constitutional amendment that 'alters the political process so that a targeted class is prohibited from obtaining legislative, executive, and judicial protection or redress from discrimination absent the consent of a majority of the electorate through the adoption of a constitutional amendment'" (Opinion at 18, citing Evans v. Romer (Evans I), 23). Section 29 "creates a barrier to participation in the political process that no minority population is ever likely to surmount." (Opinion at 23). The Court further noted the "[s]tate reads the amendment as rendering unconstitutional any proposed legislation that would elevate a same-sex relationship or agreement to the same plane as married persons." (Opinion at 21). This is very relevant to the proposed Texas amendment which would preclude recognition of any relationship "similar to marriage," (HJR 6, Sect. 1 (b)), and because of Section 29 of our Bill of Rights. The language "similar to marriage" is remarkably equivalent to "same plane as" marriage.
Fourteenth Amendment Equal Protection. This is the gravamen of the Court's ruling and it is based squarely on Romer. Notably the Bruning Court did not address the amendment's definition of marriage as between a man and a woman, which is similar to the language of HJR 6. That part of the amendment fell because the challenged portion and it were not severable. Of particular note is the Bruning Court's concern that the overbreadth of the amendment raised "the 'inevitable inference that the disadvantage imposed is born of animosity toward the class of persons affected.'" (Opinion at 29, citing Romer at 634-35, emphasis added). In debate in the House on HJR 6, Repetitive Edwards referred to homosexuality as a "social disease." Because of comments like that made by Representative Edwards made in the floor debate in the House, the adoption by the House this session of the Talton amendment to SB 6, and the history of the Texas legislation criminalizing homosexual behavior evidence by Lawrence and noted in Bruning, the issue of animosity, or in equal protection term "animus" is more striking in Texas than it was in Nebraska.
The Bruning Court also noted Section 29 was too narrow to accomplish its stated purpose of protecting marriage because it "does not address other potential threats to the institution of marriage, such as divorce." (Opinion at 30-1). A similar defect in HJR 6 was called to the attention of the House by Representative Thompson and others during the floor debate.
The Bruning Court also found the amendment "was designed against the class it affects, making it status-based." (Opinion at 31). It "goes so far beyond defining marriage that the court can only conclude that the intent and purpose of the amendment is based on animus against this class." (Opinion at 31). The "similar to" language of Section 1(b) and the entirety of Section 2 of HJR 6 make a similar argument inevitable in Texas. Additionally, the great concern by sponsors of HJR 6 not to affect common law marriage in Texas shows the animus which arises from the classification of Texas' citizens drawn by HJR 6 is directed only at gay and lesbian relationships.
Bill of Attainder, U.S. Const. art. i, sect. 9, cl. 3. The critical issue in the Court's analysis of this matter was whether Section 29 was punitive. He found it was because it singled out a particular group and effectively disenfranchised them. (Opinion at 39-40). The intent of the amendment was found to be "to silence the plaintiff's views and dilute their political strength." (Opinion at 40). The "adoption" of the amendment "was motivated, to some extent, by either irrational fear of or an animus toward gays and lesbians." (Opinion at 41).
I hope this initial analysis is helpful to you. Please feel free to contact me at any time should you have questions regarding this analysis. I would like to add that I disagree with the amendment's sponsors regarding the question of whether the proposed amendment would impact common law marriage in Texas. It seems clear to me that it would do so, as common law marriage in our state is ordinarily normally established either by obtaining a form from a local County Clerk (who would obviously act as a "subdivision" of the state) or by obtaining a divorce from a local court of competent jurisdiction. Section 29 of our Constitution would likely render any such decree or certificate void if the proposed amendment were added as Section 32 of our Bill of Rights.
Section 29 - PROVISIONS OF BILL OF RIGHTS EXCEPTED FROM POWERS OF GOVERNMENT; TO FOREVER REMAIN INVIOLATE
To guard against transgressions of the high powers herein delegated, we declare that everything in this "Bill of Rights" is excepted out of the general powers of government, and shall forever remain inviolate, and all laws contrary thereto, or to.
the following provisions, shall be void.
Yesterday's Chron had a front page piece on the gentleman from CD14, Ron Paul. It's mostly about he's Not That Kind Of Republican, in the sense that he actually does vote independently some of the time - according to the Public Campaign Action Fund, Paul voted with Tom DeLay a mere 74.51% of the time, much less than the #2 "independent" Texas Republican, Henry Bonilla at 93.85%. Some of Paul's highlights are listed in the sidebar.
So what do his fellow Republicans think about this? They think he's kind of cute.
"There are times when I specifically disagree with him on the interpretation of the Constitution, but at least I know that he is voting his conscience," said Galveston County GOP Chair Chris Stevens.GOP Rep. Kevin Brady, of The Woodlands, said Paul "has a principle, whether you agree with him or not. I think the voters like that, even if they don't understand it."
[...]
Despite his discordant views, though, Paul said he has never felt any animosity from his Republican colleagues.
"People don't come up and say, 'What kind of idiotic vote are you casting?' " Paul said. "I don't feel like it has ever been personal. I think I get more people respecting it and not necessarily being angry at me."
[...]
Nowadays, national GOP groups tolerate Paul. In fact, the National Republican Congressional Committee only cares whether Paul votes to support Rep. Dennis Hastert to be speaker of the House, said NRCC spokesman Carl Forti.
Keep that in mind as we look ahead to 2006. I'm told that there's a strong challenger in the wings for CD14. Will the national party ride to Ron Paul's rescue? Will he want them to if they try? We'll see.
UPDATE: Oops. I coulda swore I heard that Boehlert had retired, but apparently not. My bad. Thanks to Mark in the comments for the catch.
My sister Eileen sent me this article in which the Ten Greatest Individual Streaks in Sports are named, and she asked me what I thought of it. Bearing in mind that this sort of thing is always extremely subjective, I thought it was an okay list. If I were to quibble with anything, it's with the top placement of Joe DiMaggio's 56-game hitting streak. Not because it's not an impressive achievement, but because I think the odds are greater than you might think of it some day being bettered. Ichiro!, for example, by virtue of getting lots of at-bats (leading off and not walking), as well as hitting for a high average, may have as much as a 4% chance to tie Joltin' Joe if he hits like he did last year.
# 4.1: Percent chance of Ichiro Suzuki tying Joe DiMaggio’s 56-game hit streak, based on his 2004 statistics. Ichiro averaged 4.37 AB/G which gives him an 86.9% chance of getting a hit in a game (1-(1-.372)^4.37). Based on that percentage, Ichiro has a 0.039% chance of hitting in 56-games in a row. Assuming he plays 161 games again, that’s essentially 105 consecutive attempts at the record. 0.039%^105 is 4.1%. However, this doesn’t take into account the fact that with every hitless game, Ichiro drastically reduces the number of chances he has for a 56-game streak, so his odds are significantly lower.# 0.3: Percent chance of Ichiro Suzuki tying Joe DiMaggio’s 56-game hit streak, based on his 2004 statistics. No, this is not a misprint. An alternative calculation, using the fact that Ichiro hit successfully in 134 out of 161 games (83.2% instead of the 86.9% above), reduces his chances by over 91%.
One streak that never gets mentioned, but which in my opinion is a true Record That Will Never Be Broken, is Johnny Vander Meer's streak of two consecutive no-hitters. Two in a row isn't really thought of as a streak, but since it'll take three straight no-nos to beat him, I'll put that up there as a feat for the ages. It's rare enough for a pitcher to throw two no-hitters in a career, rarer still for them to come in the same season. A hundred years from now, I expect Vander Meer to still be unique.
Beyond that, not much to add. It's certainly a reasonable enough list. What do you think?
UPDATE: Bogey comments.
The Houston Bar Association has published its annual poll (PDF) in which judges' performances are rated by HBA members. From the press release:
Every two years, the HBA asks its members to evaluate all members of the judiciary that serve in Harris County, as well as the Supreme Court of Texas and the Court of Criminal Appeals. The judges are evaluated in categories that include knowledge of the law, impartiality, efficiency, courtesy, written opinions, appropriate use of visiting judges, and an overall rating.Each person evaluating a judge is asked to base his or her opinions on firsthand knowledge only. The Judicial Evaluation Poll is not an endorsement by the HBA of any judge.
There were 1,223 polls returned, representing 11 percent of the HBA's membership at the time of mailing.
The Judicial Evaluation Poll includes federal judges; magistrate judges; state and local appellate judges; civil, criminal, family, juvenile and probate judges; associate judges in the family and juvenile courts; IV-D masters; civil and criminal county court-at-law judges; municipal judges; justices of the peace; and visiting judges that sit frequently in Harris County courts.
Anyway. Other Badly Rated Judges of interest:
- The worst judge on the Court of Criminal Appeals was Cheryl Johnson, at 26.9/53.8. Cathy Cochran was best by a landslide, at 75.0/13.0. I feel compelled to note that Sharon Keller, my personal choice for worst judge in Texas, scored the next best on this poll, with 51.3/36.8; she was the only other majority-Outstanding judge.
- The worst judge on the Houston Court of Appeals was former Police Chief Sam Nuchia (19.5/53.9), with Sherry "wife of Steve" Radack the runner-up (33.6/41.4).
- Running last among US District Court judges was Vanessa Gilmore (19.0/49.6), who is currently presiding over the never-ending Enron Broadband trial.
- At the bottom of the Civil District Court judges' barrel is Tony "wife of Jon" Lindsay.
- Last and in some sense least is Justice of the Peace Betty Brock Bell, who scored an amazing 1.3% Outstanding/85.5% Poor. Bad ratings in this poll are nothing new to Judge Bell. Click that link to see her side of the story. Short version: this is a lawyers poll, and JP courts are not about lawyers.
Though a bill to force a slowdown on the implementation of the Texas Integrated Eligibility Redesign System (TIERS) died in committee, the rollout will be slowed down after all. From the Quorum Report:
Sen. Bob Deuell (R-Greenville) just amended a House bill on state online transactions to slow the implementation of the Texas Integrated Eligibility and Redesign System until the software is fully tested. TIERS, a software platform that integrates welfare eligibility enrollment, has been plagued with problems during its lengthy pilot phase in the Austin-San Marcos area.Deuell added his amendment to House Bill 2048, which was carried by Sen. Rodney Ellis (D-Houston) in the Senate. A bill by Rep. Dawnna Dukes (D-Austin) on the subject stalled in a House committee, possibly due to its fiscal not. No TIERS implementation could be interpreted to mean no call centers, a major cost-cutting measure for the Health and Human Services Commission. To sidestep this issue, Deuell’s amendment continues with the rollout of the call centers – intended to cut thousands off the payroll of HHSC – but requires those centers to use non-TIERS enrollment measures until TIERS is fully tested.
Social service agencies have opposed the full implementation of TIERS, fearful that the software has not been fully tested and, improperly implemented, could lead to welfare enrollees without proper benefits. Colorado has been faced with similar problems with its own software program.
Poker may be very popular these days, but as the Susan G. Komen Foundation found out recently, poker tournaments, even for charity, are still illegal in the state of Texas.
Despite proceeds expected to near $300,000, Houston police and the District Attorney's Office said the event as it was structured would probably be considered illegal. Last week, fearing potential snags or embarrassment, organizers cashed out, prompting calls for the Legislature to spend less time debating cheerleaders' gyrations and more clarifying the state's sticky gambling laws."There are quirky laws on the books of every state," said Assistant District Attorney Marc Brown, who worked with Houston police to investigate the Komen tournament. "This is just high profile because it involves a very popular and worthwhile charity."
The Phil Hellmuth Poker Challenge, named after a World Series of Poker champion who was slated to participate in the daylong events, was to be a glitzy $500-a-head affair at Reliant Park, featuring an open bar, a live band and an evening-long, no-limit poker game.
"(Poker) is a hot issue because of the World Poker Tour and the popularization of poker now that it's televised every day," said Markus Kypreos, research attorney for the Texas County and District Attorneys Association. "But just because something has become popular doesn't mean it's necessarily legal."
Responding to a complaint from a Colorado lawyer, the Houston Police Department and the District Attorney's Office investigated the event and decided that because it was being held in public and because four winners would receive trips to the World Series of Poker, it would likely be illegal.
Kypreos, citing a Dallas charity tournament that was canceled in March, said it is likely authorities will continue to keep a watchful eye on poker fund-raisers."This is less to do with charity and more to do with gambling and Texas Hold'em," he said. "If you don't have a 100 percent grasp of Section 47.02 of the penal code, I wouldn't do it."
He added that although there are many bills in the Legislature proposing to expand the scope of gambling — including one that would make charity poker tournaments legal in bingo parlors — it is unlikely that anything will happen before the end of the session.
"When are they going to pass a gambling bill? When they decide they need money for other things," Kypreos said.
State Rep. Charlie Howard, R-Sugar Land, said there's a reason that the many gambling bills that have come before the House this session haven't passed. He said that while he is "100 percent for charity," the expansion of gambling hurts the state more than it helps.
"It's just like the little frog you put in a cold pan of water, put him on the stove and slowly turn it up," he said. "All of a sudden he's boiling ... , and he never really realized it until it was too late."
Howard said instead of hosting poker tournaments, charities should consider events such as dances, car washes and book sales.
"There are a jillion ways to raise money for charity," he said. "I just think there are better ways to do it. We don't need addictive gambling in our state."
Organizers of the now-defunct tournament have posted a petition on the Web at www.houstonpokerchallenge.com hoping to spur legislative action. Meanwhile, they're refunding tickets and trying to unplan the event.
It started with a favorable committee vote and was boosted by the flip-flop of Sen. Frank Madla, and now Byron reports that the Double Secret Illegal anti-gay marriage HJR6 has been approved by the Senate, meaning it will be on the ballot this November and almost assuredly approved by the voters.
It's always been my opinion that the purpose of a constitution (yes, even one as overloaded as Texas') is to define the limits of the government's power. Using it for other purposes, such as to limit the rights of individuals, makes it hardly worth the name. What a tragic and shameful waste this is.
One can only wonder what the loathesome Warren Chisum will do next session, now that his life's ambition is so close to being realized.
I got nothing else to say on this. Go read this In the Pink post if you want to cheer yourself up a bit.
UPDATE: Here's the initial coverage.
Plunk Biggio gets itself a couple of mentions in the press, from Rich Connelly in this week's Press and from Jacob Luft on SI.com. A schtick is a good thing to have in the blog world, and Plunk Biggio has himself an entertaining one. Nicely done.
After a rerun last week, Kevin and I will be back on the air tomorrow circa 10:15-10:30 for the Carter and Carter show on BizRadio 1320. I feel pretty confident that the subject of crazed grackles will come up.
If it has sounded like I'm speaking from a wind tunnel in prior appearances, I apologize - it's just me on the cellphone in a moving car (with Tiffany driving). Tomorrow is Olivia's last swim lesson for this cycle, but we've re-upped her for another four weeks, so be prepared for a little background noise. On the plus side, this means that Olivia may pipe up at any time to add to whatever I'm saying. So tune in and find out for yourself. I'll post the MP3, hopefully in a more timely manner, after I get it.
Kristen Mack says the following in regards to the possibility that County Judge Robert Eckels will not run for reelection in 2006:
Potential candidates — so far all Republicans in the GOP-dominated county — are already making the rounds hoping to line up support for a run at the county judge job.Among them is Houston City Councilman Mark Ellis, who must leave office at the end of this year because of city term limits.
[...]
Others who might run if Eckels doesn't are Harris County Tax Assessor-Collector Paul Bettencourt and District Clerk Charles Bacarisse.
Despite the strongly Republican bent in countywide elections, Democrats probably would field a candidate, but they lost a potential front-runner last month. Former juvenile and appeals court judge Eric Andell, one of the last Democrats to hold countywide office, pleaded guilty to cheating the federal government out of several thousand dollars in expenses while serving in the U.S. Department of Education.
Kristen,Today you wrote:
"Despite the strongly Republican bent in countywide elections, Democrats probably would field a candidate, but they lost a potential front-runner last month. Former juvenile and appeals court judge Eric Andell, one of the last Democrats to hold countywide office, pleaded guilty to cheating the federal government out of several thousand dollars in expenses while serving in the U.S. Department of Education."
Former HCDP Chair David Mincberg has been talking for some time now about a run for County Judge. I'm curious as to why you didn't mention him as a possible candidate. Thanks!
I'm glad that someone finally tried to quantify this.
[A] survey released by the outplacement firm Challenger, Gray & Christmas...estimated U.S. employers could lose as much as $627 million from employee absenteeism on Thursday and today, thanks to the mid-week release of Star Wars: Episode III — Revenge of the Sith. Information technology workers were expected to be the biggest culprits.
The findings are based on the assumption that attendance during the first two days will match that of the last "Star Wars" blockbuster, "Episode II — Attack of the Clones," which attracted 9.4 million people in in 2002.[CEO John] Challenger estimates that 4.8 million of those opening-day attendees are employed at least 35 hours per week. With those full-timers earning an average of $130.60 per day, the two-day cost in terms of lost wages and productivity would be a staggering $626,880,000, he said.
Many at movie theaters Thursday were there because of work.Some companies sponsored movie outings. A preemptive strike against employees too "sick" to work?
Tom Lammers, president and co-owner of Houston Structural, calls it a "tradition." He was at Edwards Marq*E for the 9:30 a.m. show Thursday.
"We just lucked into it the first time back in 1977; it was only playing at the Galleria," he said. "It was just me and one employee, and it was raining so we took the day off. It was fantastic. We've gone to every Star Wars opening since, and all my employees seem to like it. If not, they don't tell me."
Employees of Secure Data Solutions also didn't have to worry about skipping work. With Juniper Networks and other local businesses, the companies invited customers to a reserved theater in Edwards Grand Palace. They gave a short product pitch before treating attendees to soda, popcorn and a viewing of Revenge of the Sith.
The presentation should be "enough excuse to get out of the office," says R.J. Dobbins, account manager for Secure Data Solutions.
"It's all about relationship-building, and this is a perfect opportunity to do that," he adds.
Sure it is.
Oh, and for those (two or three) of you who aren't hip to the whole Star Wars thing, here's a helpful little diagram (done by UggaBugga, link via Julia) to help you out.
Man, you blink and you miss a change in status on HB789. On Wednesday, it was dead again:
The plan is a centerpiece of efforts by state Rep. Phil King to overhaul state laws on regulating the telephone and television industries.King, R-Weatherford, had attached the proposal to Senate Bill 408, which extends the Public Utility Commission until 2011. But state Rep. Robert Talton, R-Pasadena, challenged the addition on grounds that it wasn't related to the original measure. The PUC doesn't have authority over television services.
Talton's protest prevailed, and the measure was taken off the House floor.
(CK note: Robert Talton! Did someone tell him there were gay foster parents lurking in there somewhere?)
"I don't know that there is a way to fix the bill," a clearly frustrated King said after the decision.
But later, King said the House Regulated Industries Committee, of which he is chairman, will take up the matter again today, hoping to send a revised version back to the floor by Sunday or Monday. The House faces a Tuesday deadline for passing the legislation. The session ends May 30.
To make matters more confusing, Save Muni Wireless says that the Senate version of this bill does not have the hated anti-muni networks provision. That version of the bill is still in committee but may make its way to the Senate floor today. If it passes, it will have to be reconciled with the King version, and anything can happen when that process begins. You know the drill - call or fax your Senator and make your voice be heard.
I have no idea how this will ultimately play out. I just know what I'm rooting for. Thanks to PinkDome and In the Pink for the links.
Despite there being a letter from 11 Senators stating opposition to the Double Secret Illegal anti-gay marriage HJR6, the measure was "debated" in the Senate yesterday. I put "debated" in quotes because as In the Pink documents, what took place would hardly seem to merit that designation. Be that as it may, Lt. Gov. Dewhurst thinks he can push this through regardless.
Eleven senators, if all hold firm, could kill the measure. The Senate's operating procedure also requires a two-thirds parliamentary vote to debate any legislation.Dewhurst said he received a letter from 11 senators, asking that the same-sex marriage ban not be brought to the Senate floor.
"But I talked to several of the senators, and we'll see," he added.
"I believe that we probably will have the votes," he said.
Dewhurst didn't identify the 11 senators or release copies of their letter.
Sen. Rodney Ellis, D-Houston, who earlier this week used a parliamentary "tag" to delay the committee hearing on the controversial proposal, said he was one of the signers.
But he also declined to identify the others or say whether they included Democrats and Republicans.
Sen. Juan Hinojosa, D-McAllen, said he also was among the 11 opponents. He called the proposal "a misguided solution for a problem that doesn't even exist."
Call me crazy here, but maybe if the Senate spent less time on working to ban something that's already illegal, they might be able to muster the resources to pass a budget that doesn't have to rely on a granny tax to balance. Y'all know that there's only ten days left, right? I hope those 11 Senators reiterate their resolve to Dewhurst so he can cut his losses and move on to matters of actual importance.
This is precisely the sort of tut-tutting I was talking about.
Earle's attendance and remarks attacking DeLay at a Democratic fund-raiser last week in Dallas damaged the credibility of his investigation with a stunning display of prosecutorial impropriety.[...]
In his speech, the prosecutor talked about the corporate contribution case and took a swipe at DeLay. "This case is not just about Tom DeLay," Earle told the crowd. "If it isn't this Tom DeLay, it'll be another one, just like one bully replaces the one before."
Contacted after the event by the Chronicle's Michael Hedges, Earle didn't back off his comments. He provided a transcript of the speech, and said he would make the same statements again to any group that was interested in honest government.
No, I don't think he should have attended this fundraiser, and no, I don't think he should have spoken to them, regardless of how well-worn the content of his speech is. But no, I also don't think he did anything wrong in any meaningful sense. Read what he said for yourself and come to your own conclusions.
Oh, and by the way:
An interim federal audit of House Majority Leader Tom DeLay's principal fund-raising committee has found that the group engaged in some inappropriate accounting of receipts and expenditures, prompting it to revise all campaign reports for 2001 and 2002, according to a knowledgeable government official and public records.[...]
For the first time, the revised filings also listed as short-term debts some items listed as expenditures.
One example is a postponed $5,732.90 payment in 2002 for food and drinks at a fund-raiser held by DeLay at a resort in Puerto Rico owned by contributor Charles Hurwitz.
FEC regulations require that all such debts be reported promptly to ensure a public accounting of sums that amount to short-term gifts and loans, even if the debts are eventually paid.
The revised filings also for the first time list a debt of $121,456 from ARMPAC's regulated campaign account to a separate ARMPAC account that took in unregulated donations in those years.
Jan Baran, a Republican lawyer who specializes in campaign law, said the listing of this debt means that ARMPAC improperly used unregulated campaign contributions to finance certain expenses during those years.
Unregulated contributions are those donated directly by corporations, unions or other wealthy donors, often in excess of the limits imposed on contributions to regulated funds.
The use of unregulated contributions by federal lawmakers was prohibited by a campaign finance law enacted in 2002.
UPDATE: More on the ARMPAC audit from the Daily DeLay. The WaPo story has more detail as well.
How desperate are they in the joint committees to pass something, anything on HB2 and HB3 to the floor of those chambers for a vote? Desperate enough to revive a bad idea from 2001 which is opposed by Lt. Gov. Dewhurst and Governor Perry.
The measure in 2001 would have imposed a monthly $5 a bed fee on nursing homes. The current measure allows the Health and Human Services Commission to develop the fee based on a formula to be paid monthly.The nursing home industry calls it a "quality assurance fee." For those patients covered by Medicaid — about 70 percent of those in nursing homes — the federal government would pay the fee to the state. The state would then give the money to nursing homes as higher reimbursement rates for care to cover financial losses due to increased operating costs.
Ogden said the fee would provide about $1 billion for nursing homes in Texas over the next two years. The measure has been pushed by House budget writers who have not wanted to increase general taxes to pay for increased reimbursement rates at nursing homes.
For patients not covered by Medicaid, the fee would become part of their basic monthly nursing home bill without being itemized. Additionally, the nursing home would not receive any reimbursement from the state based on the fees from private payors. During the 2001 debate, opponents rapidly tagged the bill with the moniker of the "granny tax."
"It's a more onerous tax now," said Perry spokeswoman Kathy Walt, saying the formula would charge nursing home patients almost a third more than the 2001 legislation. "That bill would in effect put a tax on nursing home patients who would get no improvement in care."
Lt. Gov. David Dewhurst said he also opposes the nursing home fee.
"I'm against any tax which specifically targets the elderly and the frail," Dewhurst said.
Oh, and they're also talking about raising license plate fees. But don't worry, that's not a "tax", so Governor Perry can remain a hero to the Wall Street Journal.
You almost feel sorry for these guys. But then you remember it's their own lack of a coherent ideology on how to pay for desired government services that got them into this fix, and the feeling dissipates. And poor David Dewhurst, stuck herding cats while the clock ticks.
Meanwhile, Governor Rip Van Perry takes a little more not so friendly fire for his "leadership" on this issue.
Tina Peyton of Dallas, representing Texas FreedomWorks, said she hopes negotiators will reach a tax plan that does not cut property taxes by overburdening businesses.Peyton said she appreciates the leadership of Lt. Gov. David Dewhurst and House Speaker Tom Craddick, R-Midland, but wishes Gov. Rick Perry would “inject himself” more into the tax debate.
Visiting with reporters Wednesday, Perry declined to identify tax ideas that he favors or opposes.
Peyton said Thursday: “It’s time for him to show up.”
The Houston Democratic Forum meeting that I attended last night turned out to be a standing room only affair, as almost 70 people packed into the reserved room at Ziggy's Grill on Alabama to hear Dr. Richard Murray and Keir Murray talk about the new Texas Research Foundation they're setting up. Marguerite Reed has a detailed overview of the talk, so I'll point you to her instead of duplicating her effort. I will have more to say about this in the near future, but for now read her writeup and check out the TRF site.
And the HD143 activity continues, as Dos Centavos points to the state Constitution's residency requirements for State Rep and asks "Who's qualified to run?" Marc Campos, who has decided to talk about this race after all, answers that question thusly:
Speaking of change, here's the real deal. Go to the Harris County Assessor Collector's voter database web page and look up two of our opponents. It is true, they recently changed their voter registration addresses. The effective date of their voter registration card is June 9, 2005 for one candidate and June 11, 2005 for the other. If the special election were held today, they could not vote in the race. Laura Salinas could vote for herself.
Here's the promised link to that Texas Monthly article on Hubert Vo. It'll be up till Monday, at which point I've been asked to take it down, so read it now while you can. The piece is in the June issue of the print version of the magazine.
One bit to highlight:
The growing political power of Houston’s Asian Americans may be felt in a number of races next November. DeLay’s reelection campaign will be the most closely watched, but the fate of several other Anglo Republicans, among them state senator Kyle Janek and state representative Joe Nixon, may also be in question. Janek’s district stretches from Alief to Port Arthur, which is home to a sizable Vietnamese American population. Nixon’s district is bookended by Vo’s district to the west and [Scott] Hochberg’s to the east. “Both could be vulnerable if a Vo-like candidate runs,” observes political analyst [Dr. Richard] Murray. Republicans, who study the same demographic data, see the potential in recruiting Asian candidates; Vo says he has already been approached by a high-ranking member of the Legislature (he won’t say who) who asked him to consider switching parties. He has grown accustomed to Republicans’ questioning his party affiliation. “They say, ‘You’re a self-made man,’” he explains. “‘You didn’t need welfare and food stamps to succeed. So why aren’t you with the Republican party?’” But Vo has no plans to switch.
Anyway, like I said, read and enjoy now before it goes away.
UPDATE: Per my agreement with Texas Monthly, I have removed the link as of Monday, May 23.
I'm not going to claim it was a smart idea for Ronnie Earle to give a speech at a fundraiser for a brand-new Democratic PAC. I mean, it's a little hard for me to see why there's anything scandalous in an officeholder talking to a group of supporters, especially when the officeholder is not the one doing the fundraising. And yes, Earle had some uncomplimentary things to say about DeLay, but then, that feeling is certainly mutual and DeLay isn't shy about expressing it. It's doing this at a fundraiser that's bothersome. Stick to civic groups and reporters until these cases are resolved, Ronnie.
As for his motives in investigating Tom DeLay and his cronies, I've always thought that it would be extremely stupid of Earle to take anything less than rock solid evidence to trial, because he's ultimately going to be judged by how those trials turn out. If he loses, his entire career will mean nothing - he'll always be the guy who tried and failed to take down DeLay, and he'll always be a partisan hack and a loser because of it. If you're going to roll the dice on that, wouldn't you want to have the odds in your favor?
But let's say for a minute that he is blinded by partisan zeal, as DeLay and his supporters would have you believe, and this is all a vindictive witch hunt with no real evidence to support it. Let's not forget, he's planning to retire soon, and I'm pretty sure one or more of his executive assistant DAs will want his job when he does. Are they all equally blinded as well, to the point where they can't see their own ambition and the effect such a fiasco would have on it? Don't you think one of them might have seen the writing on the wall and resigned loudly, so as to maintain political viability for later? You'd have to believe in the irrationality of an awful lot of people to think otherwise.
All that said, I do agree it's not wise politics for Earle to have done this. He can't afford to let the editorial page tut-tutters make their inevitable case for moral equivalence between himself and DeLay, because once that happens, once this becomes a political squabble instead of a "cops and robbers" story, he's sunk. I hope they're clearheaded enough to draw a distinction, but I'm not confident of it. It sucks to be Caesar's wife, but that's the way it is.
Meanwhile, DeLay got a bit of a boost from the recent poll which says that not too many people are paying attention to his ethical issues.
Fewer than one in 10 Americans are closely following the debate over DeLay's overseas travel, fund raising and connections to lobbyists, according to a poll by the Pew Center for People and the Press.The poll of 1,502 people was conducted Wednesday through Sunday, during which conservative leaders put on a highly publicized tribute dinner for DeLay.
[...]
Half the poll's respondents said they didn't know whether DeLay is guilty of violating the ethical standards of the House. Of those following the story at least fairly closely, 61 percent said they think DeLay is guilty of ethics violations, compared to 24 percent who think he is not.
The ethics cloud over House Majority Leader Tom DeLay is attracting public notice. By 52%-12%, Americans say Congress should investigate the Texan's travel and relationships with lobbyists. Though just over half of Americans don't know who Mr. DeLay is or have a neutral opinion, the rest view him negatively by a two-to-one margin.
Finally, for your consideration, Larry Sabato's early view of 2006 (via Political Wire), and a (belated) link to proposed new standards for ethics which I hope will get plenty of notice.
Rick Casey highlighted a controversy from the recent Katy ISD school board elections in which the director of secondary education sent out an email to his subordinates extolling a vote for the incumbents and reminding them to do the same to their employees. Greg has some analysis, and you can find more background here and here.
I don't have a whole lot to add to this. I think Casey is right to focus on the differences between a supervisor telling his employees how to vote and a teacher sending campaign information to peers - both were misuses of school resources, but if one is inclined to disagree with the pitch, the former is coercive while the latter is merely annoying. The fact that this occurred in a low turnout election makes it in some ways more serious, since a couple hundred votes was all that separated the winners from the also-rans. Unfortunately, we may never know what if anything will happen to the offender, since internal disciplinary procedures are (justifiably) confidential. Maybe next time at least he'll know people are watching him.
Frank Gorshin, best known (at least among us post-Baby Boom syndicated TV watchers) as The Riddler from Batman, has died at the age of 72.
Despite dozens of television and movie credits, Gorshin will be forever remembered for his role as the Riddler, Adam West's villainous foil in the question mark-pocked green suit and bowler hat on Batman from 1966-69."It really was a catalyst for me," Gorshin recalled in 2002. "I was nobody. I had done some guest shots here and there. But after I did that, I became a headliner in Vegas, so I can't put it down."
In 2002, Gorshin portrayed George Burns on Broadway in the one-man show Say Goodnight Gracie. He used only a little makeup and no prosthetics.
"I don't know how to explain it. It just comes," he said. "I wish I could say, 'This is step A, B and C.' But I can't do that. I do it, you know. The ironic thing is I've done impressions all my life — I never did George Burns."
Gorshin's final performance will be broadcast on tonight's CBS-TV series CSI: Crime Scene Investigation.
The humans have negotiated a cease-fire in the Grackle War.
Concerned about grackles that have been attacking people outside the Harris County Administration Building, building managers have decided to keep the area blocked off until the birds' fledglings learn to fly."Our intent is not to harm the birds in any way, shape or fashion, and the way to do that is to have people go around to another entrance," said Arcadio Avalos, safety coordinator in the county's facilities and management department.
Officials put up police tape to close off part of the sidewalk on Preston on Monday after the blackbirds attacked people who were going into the county building. The birds appeared to be trying to protect a young grackle that had fallen out of a nest in a stand of magnolia trees.
The tape probably will remain in place at least for several more days until the young birds can fly, after which the adults' aggressive behavior is expected to abate, Avalos said.
I'll be at the Houston Democratic Forum meeting tonight to hear Dr. Richard Murray, Keir Murray, and Heidi Kirkpatrick talk about the new progressive think-tank called the Texas Research Foundation they're organizing. This has been in the works for awhile now, and I'm eager to hear where it now stands. I'll write something up about it tomorrow.
All right, I guess I need to start planning to see "Revenge of the Sith" sooner or later. We haven't been to the theater since seeing "Harry Potter and the Prisoner of Azkhaban" just before Olivia was born. I've almost forgotten what it was like. Anyway, I'm not obsessed with this movie. I'll be happy to see it whenever - frankly, I'd prefer to avoid the first week or two. I don't have too many expectations about this movie - like Dean, I just want it to not stink. Thankfully, at least one reviewer I respect liked it. The Tomatometer is pretty kind to it, too. So I'm feeling good about it.
At the risk of starting a flame war, I thought "Phantom Menace" was a mostly enjoyable piece of fluff, while "Send In The Clones" was a godawful, incomprehensible mess. I wasn't particularly bothered by Jar-Jar or the midichlorians, and the story was at least more or less straightforward. I can't recall a single scene from "Clones". I'd sit through "Phantom" again, but wouldn't watch "Clones" again for love or money. What about you?
Father John notes that a legislative attempt to slow down the full-blown launch of the Texas Integrated Eligibility Redesign System (TIERS) is dead for this session, meaning there's nothing to stop the billion-dollar project from rolling out statewide, ready or not. If you've been keeping up with Father John's posts, including the one linked above, you know it's not, not even close.
Along those lines, check out this video of a report on TIERS by KEYE Channel 42 in Austin. It's quite devastating. I just wish we'd see more reports like that. This is exactly the sort of thing that Crusading TV Reporters love - wasted taxpayer dollars, bungled delivery of public services, and real people getting hurt because of it. Where's Wayne Dolcefino when you really need him? Anyway, seriously, watch that video. Thanks to Hope for sending me the link.
How much do some people want to see Kay Bailey Hutchison stay in the Senate and leave Rick Perry alone? Enough to dangle some pretty big carrots in front of her.
[Senate Majority Whip Mitch McConnell of Kentucky] said Hutchison likely would be offered the Senate GOP's No. 3 spot, chair of the Senate Republican Conference, a position now held by Pennsylvania Sen. Rick Santorum, if she remains in Washington."A lot of us hope she will spend a long time with us," McConnell said.
[...]
Hutchison did not respond to McConnell's statements, which may have been a hint that GOP leaders want her to avoid opposing Perry.
Her press secretary, Chris Paulitz, played down McConnell's statement, saying it was only logical she would become the conference chair because she is currently the vice chair.
McConnell's statements will not influence Hutchison's gubernatorial decision, which is expected in July, Paulitz said.
[...]
In late April, Dallas GOP chairman and Perry contributor Nate Crain said Hutchison should drop the race because her considerations are dangerously dividing Texas Republicans.
The National Republican Senatorial Committee also wouldn't want to see her go."When you have a figure like her in the Senate, you are absolutely going to want to continue having her as part of your team," NRSC spokesman Brian Nick said. "Will there be senators encouraging her to stay in the Senate? The answer is yes."
More jockeying for HD143: The Chron's Kristin Mack fills in a few blanks on some of the potential contenders whose names have floated up so far.
[Ana] Hernandez, who has three legislative sessions under her belt, has won [Rep. Jessica] Farrar's endorsement. Moreno's mother, Alice, will be Hernandez's campaign treasurer, the family confirmed.Other prospective candidates mentioned in political circles are Dorothy Olmos and Al Flores, both of whom have run against Moreno; Roy Zermeno, an SBC lobbyist; and Laura Salinas, the niece of former state Reps. Diana Davila Martinez and Roman Martinez.
Former Houston Councilman John Castillo is supporting Flores, and [consultant Marc] Campos has signed on to run Salinas' campaign.
Capitol Inside adds some more detail (sent to me via email):
The early frontrunners appear to be Ana Hernandez, a corporate attorney who served on Moreno's staff in Austin, and Laura Salinas, a recent University of Houston graduate whose aunt [Davila Martinez] represented a neighboring House district in the 1990's. Jose Medrano, a Democrat who also as Capitol staff-level experience, and James Rodriguez, an aide to Houston City Councilwoman Carol Alvarado, are also considering bids for the open state House seat in a special election later this year.[...]
At least two Republicans including former primary challenger Al Flores are also exploring possible special election bids. Flores proved to be Moreno's toughest re-election competition when he forced a Democratic primary runoff in 2002 after the incumbent captured 47 percent of the vote in round one. Moreno received 61 percent to win the runoff against Flores, who has since switched parties. While the district is a Democratic bastion, a viable Republican might have a chance at forcing a runoff if Democrats are split in a low turnout election.
Like Moreno, Medrano and Hernandez both worked for Democratic State Rep. Jessica Farrar, a close friend of the late lawmaker and a former employer when he managed her campaign and her Capitol office as the chief of staff. Farrar has indicated that she plans to back Hernandez in the special election contest to fill the void left by Moreno's death. Medrano left Farrar's staff to go into business five years ago. Hernandez went to law school and now works as an attorney for ConocoPhillips in Houston.
Governor Rick Perry appears to have two options when he sets the date for the special election for HD 143. With the Legislature still in session, the governor could declare the open seat an emergency situation and set the date for a special election 30 days from the day it's called. Or Perry could set the special vote for the next uniform election date in November. (Note: I have seen it written elsewhere that the next such date is September 10. -- CK)
Gallegos indicated that Moreno's family might prefer the earlier date for the special election for the sake of closure. In addition to the district's lack of representation in Austin, Moreno's staff has been in limbo since the night he died.
Back to Mack's story:
The early political maneuvering is creating sore spots among people who often have been allies."Joe actually had a plan," Farrar said, referring to her impression, and that of Moreno's family, that he was grooming Hernandez as a successor.
Gallegos, who isn't yet backing a candidate for Moreno's seat, said the race could be bitter, and pointed out that political powerbrokers won't necessarily settle it.
"There could be some bloodletting," he said, adding, "Just because you're not the chosen one doesn't mean you don't have a chance. This seat belongs to no one except the constituents of District 143, and they will have the final say."
Save Muni Wireless has a report from Wayne Caswell, who testified to the Senate about HB789. Very informative stuff, so check it out. I don't know what'll happen if the House and the Senate can't agree on their competing bills, but as this is one of those times where doing nothing suits me just fine, I'm not too concerned about it.
The Statesman has a good rundown on the differences between the King and Fraser bills:
In March, the House passed Bill 789, which would deregulate most local phone rates in September, with no role for the state.In 2008, the phone giants would have to cut the network access fees they charge rivals.
On Monday, when the Senate Business and Commerce Committee took up the bill, Chairman Troy Fraser substituted language that would slow deregulation by authorizing the Public Utility Commission of Texas to determine whether there's enough competition in a particular area before state controls are lifted.
SBC Communications Inc. and other major phone companies also would have to cut access fees a year sooner.
"This is not the bill phone companies want to see pass," said Fraser, R-Horseshoe Bay. "It's very consumer-friendly."
Over in the House, Rep. Phil King has added his own provisions to Lewisville Republican Sen. Jane Nelson's bill renewing the charter of the PUC until 2011.
Under King's changes, SBC and Verizon Communications Inc. could get statewide franchises for their planned television service, bypassing cities, which stand to lose millions of dollars.
King, R-Weatherford, sponsored his own bill on statewide franchises, but it died before reaching the House floor because of legislative deadlines.
But King is determined to keep the measure alive. He says his free market approach would encourage companies to invest in new services for consumers.
"If we do it now, it gives us the opportunity to have billions — with a b — of new investment dollars in Texas," King said. "Just like we broke up the phone monopolies and the electric monopolies, this will give us an opportunity to break up the cable monopoly."
[...]
Both industries have waged fierce lobbying and advertising campaigns. Fraser said the intense lobbying by the scores of telecom representatives is one reason he waited so late in the game to take up House Bill 789 in his committee.
"The later it gets in the session, the more agreeable they get" about compromises, he said.
But King said there are "irreconcilable differences" between the House and Senate on telephone deregulation. "It's going to be very, very, very difficult to come to an agreement in the conference committee," he said.
Banjo brings us an update (and a photo) on the planned Big Statue for Stephen F. Austin, to be done in Angleton by Big Statue maestro David Adickes. I noted this awhile back, and based on Banjo's pic, I'd say they're a bit behind schedule - the story I read said it was supposed to be done in May. No big deal, I guess. As long as it gets done. I'm ready to take that drive down SH288 for a good look at it.
Those of you in the Spring area with an interest in not getting run over by the Grand Parkway extension should consider attending a public meeting next Wednesday, May 25. Here's the scoop, from Anne:
Please join us for a Town Hall meeting
to address current developments with the Grand Parkway through Spring and the Tomball area (I-45 to FM 249):Klein Collins High School Auditorium
20811 Ella Blvd., Spring, TX. 77388May 25, 2005, 7:00 P.M.
Invited Panel Guests Include:
Harris County Judge Robert Eckels
Harris Cty Pct 4 Commissioner Jerry Eversole
Harris Cty Toll Road Auth Dir. Mike Strech
TxDOT Houston Dist Engineer Gary Trietsch
USOS President Jerry Thomas
Texas State Rep. Debbie Riddle
Texas State Rep. Corbin Van Arsdale
Texas State Rep. Peggy Hamric
U.S. Congressman Ted Poe
U.S. Congressman Mike McCaul
Elsewhere, Anne comments on yesterday's story about the CTC. I have an update on this - CTC Chair Robin Holzer left the following comment in my post on this subject:
Kristen Mack's rumors of our toll road accountability bill's demise are premature. Rep. Wong's conversion provisions made it out of the house as an amendment on one bill, and we're working with Sen. Ellis to amend our other provisions onto another bill in the Senate. A victory is still in the offing in the next two weeks, and citizen efforts have already managed to get all the right legislators talking about toll road accountability. We'll keep you posted!In the meantime, it continues to be useful for civic organizations to adopt the toll accountability resolution. More than 35 Houston-area organizations have formally adopted it, and your group can too:
CTC Resolution.
One person's weed is another person's binge-drinking-curber.
Kudzu, an ever-expanding vine considered a pest in much of the South, appears to contain a compound that can be effective in reducing alcohol intake among humans.Researcher Scott Lukas did not have any trouble rounding up volunteers for his study, published in this month's issue of Alcoholism: Clinical and Experimental Research.
Lukas' team at Harvard-affiliated McLean Hospital set up a makeshift "apartment" in a laboratory, complete with a television, reclining chair and a refrigerator stocked with beer.
Findings show that subjects who took kudzu drank an average of 1.8 beers per session, compared with the 3.5 beers consumed by those who took a placebo.
Lukas was not certain why but speculated that kudzu increases blood alcohol levels and speeds up its effects. More simply put, the subjects needed fewer beers to feel drunk.
"That rapid infusion of alcohol is satisfying them and taking away their desire for more drinks," Lukas said. "That's only a theory. It's the best we've got so far."
I received an email this morning from the folks at Texas Monthly to tell me about an article from their upcoming June issue that might (and does) interest me. From the email:
"Get Out the Vo" is a story by Pamela Colloff on not just the Vo/Heflin race but how the demographics of that district, as well as others around Houston, have changed and could impact future legislative races.
Some good news from Save Muni Wireless:
HB789 was heard this morning in the Senate Business and Commerce committee. The commitee substitute was based on Chairman Fraser's earlier SB332, which imposes tests for suburban and rural markets before deregulating.Chairman Fraser's committee substitute did NOT have any language about city-supported network services.
[...]
There is some chance the provision will be added back as an amendment on the Senate Floor. However, Senator Fraser seems less favorable to it, so it would face a much steeper battle than in the House, where Rep. King favored it.
As long as the Lege is still in session there's still the chance that someone could try to force that language back into a bill. At least we know that any such attempt will meet with resistance from Sen. Fraser. I'm going to go on record now as saying that no telco will suffer from city-provided wireless networks. If anything, they'll benefit, both from being the contractors to provide the infrastructure to the cities and from the grooming of more potential customers of their expanded services in the future. Heck, some day they'll probably claim this was their idea all along.
UPDATE: That Save Muni Wireless post has the following update for today:
This issue is being widely mis-reported. The threat is not over. The ban remains in the House version of the bill, and the Senate version has not yet passed out of committee. We had a great day yesterday, and we are making progress, but at this moment muni networks remain threatened in Texas.
So Jeff Bagwell has shut it down, possibly for the season, possibly forever though he hopes to come back, so he can get his shoulder surgically repaired. I hope his surgery is a success and he's able to come back, if for no other reason than he deserves a real sendoff, as an active player, before his career ends. It's not inconceivable that he could still be a productive player post-op, either, and right about now the Stros could use all the bats they can find.
As for Bagwell's chances of getting into the Hall of Fame, I think he's close to a lock. He's actually a little light on some indicators, but he'll get (and deserve) a fair amount of credit for toiling in the hitter-hating Astrodome through his 20s. If you look at his Equivalent Averages, he's had some awesome peaks, most notably in his 1994 MVP campaign and from 1996-1999. Throw in his regular All-Star appearances and his good-glove reputation (more deserved early on than now, but that's not unusual), and I think he'll be the kind of guy that the writers like voting for. I just hope it's more than five years down the line before they get the chance.
UPDATE: Tom says Bagwell should be a no-brainer first-ballot inductee.
And speaking of our only Governor, someone woke Rick Perry up long enough to inform him that there's a budget going on and that he may not like parts of it.
Perry and his aides notified legislative leaders he is concerned that the rate of growth in the state budget will exceed 12 percent — one of the largest percentage increases in state history. The final version of the state budget likely will spend more than $137.6 billion.But with House and Senate conference committee negotiators tentatively planning to send a final budget to the printer today, Perry may have waited too long to let his feelings be known.
"It's kind of late," said House Appropriations Chairman Jim Pitts, R-Waxahachie. "I've heard (Perry is concerned about) the rate (of growth). The first time I heard that was last week."
[...]
Senate Finance Chairman Steve Ogden, R-Bryan, said he also has heard about Perry's budget concerns. But he said the information was relayed to him second-hand, and he declined to discuss it.
[T]he timing of the governor's complaints coincided with a Wall Street Journal editorial that criticized Lt. Gov. David Dewhurst for the possible record growth rate in state spending. The editorial praised Perry for "heroically" holding the line on state spending two years ago when Texas faced a $10 billion deficit.
Perry's been basically a non-entity throughout this legislative session. Not that I'm complaining, since the less he does, the better off we are, but still. For him to complain now that he doesn't like the budget is just typical. Go back to sleep, Governor. The session will adjourn soon, and you can start fundraising again.
UPDATE: Great minds think alike.
The Rick Perry Versus The World blog has moved to its own domain and a Nucleus-powered back end, meaning it now has comments, trackbacks, and so on. Update your links accordingly.
Dive-bombing grackles send workers running
Aggressive grackles around the County Administration Building launched attacks Monday that left a lawyer bloodied and county employees wondering whether Hitchcock's The Birds was make-believe.
Remember how I talked about crunch time and the odious things that can get snuck into otherwise innocuous bills as amendments? This is a good example of what I'm talking about.
Will Hartnett gets our first Sneaky Legislator Award.
[R]elating to the continuation and functions of the Texas State Board of Medical Examiners, Texas State Board of Physician Assistant Examiners, and Texas State Board of Acupuncture Examiners and the regulation of health care professions regulated by those state agencies; providing administrative penalties.
He's attached an amendment being debated right now to ban late-term abortions. Texas already bans third trimester abortions and would put current code language in conflict with this language.
UPDATE: The news just gets better and better. An amendment to include the guts of HB1212, the parental-consent bill, was also tacked on. Both were passed by depressingly large margins, too. Some days it's hard to stay positive, you know?
I had the chance on Friday to chat with Barbara Radnofsky, who was in town to do some mediation work in between trips around Texas for her Senate campaign. She takes her job - and by that I mean "running for Senate" - very seriously. She's basically been doing it since last January, after all. I get the distinct impression that she enjoys it. Not the calling people to ask for money part - nobody likes that. She likes the travelling around and talking to people, which is something she's done a lot of lately. You can follow her travels at her site or at the complementary blog one of her supporters has going.
What's motivating her to drive across the state (actually, to ride while her husband drives), keep crazy hours, and carry two Blackberries and a cellphone, is the belief that the country is off on the wrong track and needs to get things right. "If I thought things were going well, I wouldn't be running," she said to me several times. We talked about her being a first-time candidate. She argued strongly that you can't limit the field for statewide offices just to people who started at the county or city level and spent 20 years working their way up the ladder. New blood is good, and besides, that career arc excludes anyone who spent those years working in the private sector and raising a family. It wouldn't bother me to see a few people like her start to fill in the blanks on the rest of the Democratic ticket for statewide office, that's for sure.
She didn't know anything more about Juan Garcia (whose website is currently down for "routine maintenance") than I did, but thought it was fine for there to be another candidate and a contested primary. Among other things, that might generate some more attention to and coverage of the Democratic side of the debate. We speculated as to what KBH might do, and she pointed out that the longer Hutchison takes to (officially) make up her mind, the less time any potential challenger who only wants to run for an open seat will have to raise money and get a campaign going. For what it's worth, she feels pretty sure she'll be running against someone other than KBH, but she's prepared either way.
One recent highlight from her travels was talking to former Houston media figure Roger Gray on his radio show in Tyler. She was originally supposed to be there for only 30 minutes, then dash off to another event, but he convinced her to stay longer since he wanted to keep talking to her. She's got an open invitation to return, so next time she's up east, look for her on the air.
If you're somewhere in Texas, Barbara will be in your vicinity sooner or later. Like Chris Bell, she's going everywhere to talk to anyone who'll listen. I encourage you to do so if you get the chance.
UPDATE: And an update from Barbara, via email:
I don't mind calling folks and am not shy about asking for money...I'm finding they have good substantive/issue help so the calls take longer than for other candidates, so I've had to learn to be more efficient. Some of my best learning on specific issues, like insurance reform and health care, has come from the fundraising calls, really.
The Citizens Transportation Coalition gets a little writeup in today's Chron.
"The process isn't always designed to engage the public," said Robin Holzer, who chairs the coalition. "We want to solve problems in the planning stage before contracts are let and before the bulldozers break ground."The coalition wants road-building entities, such as the Harris County Toll Road Authority, to seek approval of their projects from affected residents or municipalities and hold at least three public meetings — day, evening and weekend.
Those changes aren't likely to happen soon, lawmakers say, so the group is taking what it can get.
Rep. Martha Wong, R-Houston, has passed a bill requiring longer public notice about upcoming hearings. Toll road hearings are conducted as part of regular Harris County Commissioners Court meetings, which are held downtown every other Tuesday morning.
Some aborted attempts in 2003 and 2004 to convert existing highways or turn some roads under construction into toll roads, made it inevitable that the Legislature would fill in the blanks on conversion rules. The two-year-old law, for instance, doesn't define when a road is considered truly free and, thus, in need of an official conversion, which requires votes by various appointed boards and the governor's signature.That led the Transportation Department to argue that if a road or an expansion project had not yet opened to traffic, it could be changed to a toll road by the agency staff. An attempt to do that on an expansion of U.S. 183 in late 2003 was dropped after a public furor.
"A lot of people were upset with that," [Rep. Mike] Krusee said during the debate on his bill. "They said, 'When you announced the building of this road, you announced it as a free road.' "
Under both Krusee's and [Sen. Todd] Staples' bills, if a road is already under construction as a free road, making it a toll road would require the conversion process in many cases. However, if the expanded road would still have as many free lanes as before, then conversion wouldn't be necessary. And if a local metropolitan planning agency designated a road under construction as a toll road before this May 1, conversion likewise would not be necessary.
Taken together, those exceptions exempt the remaining roads in the controversial Central Texas toll road plan from the litany of official votes needed to make them toll roads.
Both bills would also make conversions more difficult by requiring public votes.
Tony Womack stole four bases in Sunday's game for the Yankees. He did not, however, score any runs. This is, in many ways, a microcosm of his career. That is all.
It's T-minus two weeks for the Lege (barring overtime, of course, in the still-not-too-unlikely event that school finance and related tax work don't get finished), and that mostly means watch out for bad but sneaky legislation.
This is the crunch time of the 140-day session, which ends May 30. Days are long — the Senate debated a tax overhaul until 2 a.m. last week — and lawmakers on both sides of the rotunda are being asked to vote on hundreds of proposed laws that they don't have time to read, much less fully digest.[...]
[Anthony] Haley, a former legislative staffer whose lobby clients also include the city of Houston and Houston's Metropolitan Transit Authority, said he is primarily playing defense, guarding against a client being blindsided by an amendment slipped onto some obscure and otherwise harmless bill.
"This is when all the sneaky stuff happens," he said. "People are trying to sneak their dead stuff (bills) onto live stuff. You just have to watch, watch, watch."
Just to put the scope of the problem into perspective:
More than 5,600 bills and proposed constitutional amendments were filed in the House and the Senate this session.By the middle of last week, only 184 had reached the governor's office, although hundreds more will win final legislative approval during the final two weeks before adjournment.
If recent sessions are any indication, as many as 1,600 bills will become law.
Some good news today: Sen. Rodney Ellis put a 48-hour hold on HJR6 in the Senate, meaning that the last-second scramble for public testimony can wait until Thursday.
“I am concerned that the late hour of that posting would prevent those Texans passionate about this issue from being able to get to the Capitol to weigh in,” Ellis said.
Last but not least, there's a new legislator/blogger on the scene: Rep. Joe Deshotel, whose initial offering appears to be a reprint of a constituent email. That's OK, though - the first post is always the hardest. Welcome to the world of blogging, Rep. Deshotel. Thanks to PinkDome for the tip.
Governor Perry hasn't even announced a date for the special election to replace the late Rep. Joe Moreno from HD143 (the earliest it can be is September 10), but there's already three candidates that I know of out there for the race. One is Ana Hernandez, who served as an aide to Rep. Moreno and was apparently being groomed for eventual run for office by him. She was introduced in Jacinto City recently by Rep. Jessica Farrar and appears to have labor support.
Marc Campos says he "will serve as Senior Political Consultant to Laura Salinas, Democrat, soon to be candidate for Texas House of Representatives, District 143". You'll have to email him if you want to know more, since he won't be writing about the race on his site in order to avoid any conflicts of interest.
Lastly, via the ubiquitous Carl Whitmarsh, there's an email from labor leader Allen Jamail (who announced Ana Hernandez's candidacy in a subsequent mailing) identifying "Republican Al Flores" (his words) as "testing the waters" for a bid in HD143. Jamail writes that Flores would probably run as a Democrat if he runs.
At this point, this is the sum total of my knowledge of these three potential and/or actual contenders. I'm sure there'll be plenty more soon, and I'll pass along what I hear as I hear it.
Nice mention in the local media for the Amarillo-based bloggers of the Panhandle Truth Squad. Keep up the good work, guys!
There were a couple of stories in the Business section that caught my eye recently. First is this piece about how the offshoring trend has had an unanticipated side effect - scheduling regular meetings with coworkers whose workday doesn't intersect your own is really awkward and intrusive into what one normally thinks of as one's own time.
Silicon Valley workers grumble that communicating with colleagues overseas requires midnight teleconferences, 6 a.m. video meetings and the annoying “pling” of instant messages and twittering cell phones all night long. Although many techies swapped social lives for 80-hour weeks during the ephemeral dot-com boom, the 24-hour business cycle seems even more stressful than the caffeinated ’90s: Today’s long hours are less likely to result in windfall bonuses or stock options, and there’s no end in sight.[...]
Some executives who ask workers to burn the midnight oil offer flexibility — longer lunch breaks, telecommuting privileges and complimentary dinner if you work past 6 p.m. Others dismiss complainers as spoiled or provincial — after all, customer service representatives in Asia have worked on U.S. schedules for more than a decade, so why shouldn’t Americans deal with time-zone challenges as the industry globalizes?
The staunchest advocates say whiners should find new professions. Richard Spitz, who leads the technology division of the recruiting firm Korn/Ferry International, says corporate clients want employees who embrace a 24-hour business cycle.
“If you want to play in the A league, you have to take on some additional challenges,” Spitz said. “It might not mean that you have to work around the clock for your entire career — at some point, you can step off the treadmill. But if you want to be in the business, then you have to commit to this schedule for some period of time.”
"[N]o-fault" attendance programs, which run counter to the trend toward more family-friendly approaches, are migrating from factories and warehouses to white-collar workplaces as employers try to standardize discipline and wrest greater control over workers' schedules.In Chicago, J.P. Morgan Chase & Co.'s Bank One tracks and disciplines unscheduled absences at its operations centers. People's Energy Corp. does the same in its call centers.
Such policies are gaining sway in an unforgiving economy where staffing is lean and turnover and absenteeism are chronic problems in some lower-paying clerical, technical and service jobs, experts said.
No-fault policies eliminate judgments about whether an absence could have been avoided. Instead, they draw a strict line between planned and unplanned time off. Typically, no more than six unscheduled absences are tolerated within a year, although multiday illnesses count as one "occurrence."
Those with paid days off for illness or emergencies still get paid, but these unplanned absences count against their attendance records.
"It's no-fault, but it's also no-excuse," said attorney Timothy Huizenga of the Legal Assistance Foundation of Metro Chicago. "People who are sick are treated the same as those who don't feel like coming to work."
[...]
Illness accounts for 38 percent of unplanned absences, while family issues, personal needs and stress account for 52 percent, according to an annual study by publisher CCH.
Only 10 percent of unexpected absences stem from an "entitlement mentality," according to the study. The report was based on a random poll of 305 human resource executives.
"For most employees, absenteeism is something they really can't control," said Susan Lambert, associate professor at University of Chicago's School of Social Service Administration.
"Kids get sick — the average is 10 days a year — and policies are never that generous," she said. "A lot of these policies are trying to legislate stability, but they're not taking into consideration the realities of people's lives.
"What's most effective in trying to reduce absenteeism and turnover is flexibility and well-designed jobs."
My point in highlighting these two stories is that I seriously doubt you'd see this kind of crap in a robust labor market. In a robust labor market, where people have actual options if they don't like their current jobs, nobody would put up with this kind of interference with their private lives. I'm not saying that no concessions have to be made to the global economy, or that absenteeism isn't a legitmate concern. What I am saying is that employees who can go elsewhere tend to get treated more like adults and less like probationers. Who would choose to accept this if they didn't feel like they had to?
You can take all of the monthly Bureau of Labor Statistics monthly reports about job creation and unemployment and draw whatever conclusions you want. Me, I'll believe the economy and the job market are doing well when I stop seeing stories like these and start seeing stories about job retention bonuses and new innovations in fringe benefits.
You may think that any trial which features mixed-up videotapes would be a generally exciting one, but the Enron Broadband trial appears to have bogged down in a bunch of boring technobabble. Tom points to this Chron story from last week in which even the reporters are having a hard time maintaining interest.
On the stand Tuesday was jargon-dependent computer specialist John Bloomer. It was his third day of testimony, and for most of morning he was questioned by Enron Task Force prosecutor Ben Campbell.Campbell took Bloomer through statement after statement made at a critical January 2000 Enron conference for stock analysts to ask about the truth of what was said.
It was no more exciting in the afternoon when defense attorney Per Ramfjord took over. Ramfjord is so well-versed in technology that the courtroom can become Silicon Valley when he gets going with a geeky witness. Bloomer sometimes answered enthusiastically with something like: "We were late. Whether it be MPLS over ATM, whether it be precedent bit over IP." Don't ask.
So the jurors and alternates, if they've stayed fully awake, know what a hop and a POP are in the tech world, may know the difference between quality of service and quality of stream delivery, and likely know what media cast and media transport are.
Isn't this sweet - the Senate has decided to hear public testimony on HJR6, the Double Secret Illegal bill for gay marriage, on Monday morning at 8:30 AM. Apparently, they were a wee bit reluctant to make that information known in a timely manner. I don't know if anyone reading this now will be able to contribute anything to the debate, but if you can here's what's needed. Thanks to PinkDome for the heads-up.
It's a fact that in a 140-day session, a lot of bills (some good, many not so good) fail to make it to the floor of one chamber or the other for a vote. Despite some encouraging successes on the get-smart-on-crime front, Scott reports on some bills that suffered a lamentable death.
(On the political end of things, we should all note some changes in thinking on the right concerning crime and punishment. I don't know that I'd agree with everything presented at the conference Scott writes about, but there's no doubt that I like the general direction of the conversation. Democrats need to pay attention to this. We got caught off guard 30 years ago with the tuff-on-crime wave and paid a big price for it at the ballot box. The party's rhetoric has changed in many ways as a response to this, not all for the good. I think these guys are ahead of the curve, but not by that much. All I'm saying is let's not make the same mistake again.)
On the other hand, as I said some bills are better off dead. You take the good with the bad.
In one of my previous posts lamenting the sorry state of the House Elections Committee and its overlord, Mary Denny, I talked about how they could be a force for good if they chose by considering bills that would add voter-verifiable paper trails to the process. Four such bills existed this session, two with Democratic sponsors and two with Republicans in the lead. None of them will get a vote on the House floor. Sonia Santana considers the case of one such bill:
HB 166 died in the Texas House Legislature on Thursday May 12, 2005. HB 166 was our best attempt at a verified paper ballot trail for Texas this session.The original bill filed by Rep. Aaron Pena (D-Edinburg) was amended in the Elections Committee by Chairwoman Mary Denny (R-Flower Mound) to the point it was simply a study bill. We can't proceed too slowly on this issue in Texas for Rep. Denny's tastes.
Despite the fact the bill was pretty uncontroversial by the time it reached the Calendars Committee, the powers that be, still could not risk their perceived loss of power. The bill had bi-partisan support with 4 Republicans on board including Mary Denny on the committee substitute version, and still it was quietly killed in Calendars with no vote scheduled on the floor.
Thursday was the last day bills in the House needed to be listed on Calendars for a vote this week. HB 166 never made the cut.
It is quite astonishing we got as far as we did before someone (no one quite knows who) pulled the plug on a bill that would have served the interests of each and every Texan. As she noted in her post, this was a bi-partisan effort of Republicans and Democrats.The best argument anyone could come up with against it was: where are we going to get the money? With fate on our side $100 million dollars was made available to Texas, the night before the committee hearing.
The committee hearing had the Republican and Democratic grassroots singing kumbaya at the presentation of the bill. Other Republican colleagues with similar bills dropped theirs and signed on to ours. Every indication was that this bill was going to make it to the floor for a vote.
Then came the invisible hand, the gutting and eventual death of the bill. No one seems to know whose hand it was that carried the knife that killed HB 166. They did not have sufficient honor to reveal themselves.
The $100 million in federal HAVA funds will most likely be spent before this issue will be visited again. I lament that the powerful can ignore the will of the citizenry and be so bold to do so publicly. They were not even interested in studying the issue!
I can only say to those who lack honor, that the passion and desire of many will not be expired by the powerful few who wish to extinguish it. We will continue in quiet, the hard necessary work to once again bring confidence to our electoral system.
For now, it is sufficient that we give thanks to our friends, like Sonia, for their dedication to this issue.
Hotshot Casey takes a look at HB789 (though he doesn't specify it by bill number) and points out many of the bad things about it. Nothing new there to those who have been following this, and I do wish he'd mentioned the efforts of Save Muni Wireless, which has made it so much easier to follow this, but overall a nice primer for those who hadn't tuned in yet. Check it out.
UPDATE: Chip in the comments says Casey is referring to HB3179, not HB789. It's a bit hard to tell where they all stand right now, which is why I would have liked for Casey to be more specific. This page has some fairly up-to-date info.
I don't have too much to say about the proposals to close and/or consolidate miltary bases around the country. It's hard to find a NIMBYer topic than this, other than maybe the location of halfway houses for sex offenders. In one fell swoop, politicians of all stripes can Fight For Jobs and for Keeping America Strong despite what those clowns at the Pentagon (what do they know about where military bases should be located, anyway?) may think. What more could you want?
This debate is going to be about who can shout the loudest and who can cry for the cameras the most. The actual merits of any individual base closing are irrelevant. That's the way it's been every damn time we go through this, and that's the way it will always be.
Apparently, HB789 but not HB3179 was stripped out of the must-pass PUC sunset bill SB408 on Friday, according to Save Muni Wireless. HB789 is not dead yet, though - there's a Monday 8 AM hearing scheduled for it. Check out the list of the Senators on the Business and Commerce Committee (none are from the Houston area) and send a fax where appropriate. Even if your Senator is not involved in these hearings, it can't hurt to call his or her office and tell 'em what you think of this. Via TechBlog.
Now that the Art Car Parade is history, would you like to know what else there is to do in Houston? The Greater Houston Convention and Visitors Bureau has a resource for you.
The Greater Houston Convention and Visitors Bureau unveiled a new link on its Web site, www.visithoustontexas.com, that highlights things to do in Houston.The link, Houston 365, will provide residents with suggestions on restaurants, theme parks and sporting activities. It will include everything from professional baseball games to the locations of the city's pools.
"We have great activities in our own back yard," said Houston Mayor Pro Tem Carol Alvarado, who made the announcement Friday while surrounded by costumed mascots, including a giant penguin from Moody Gardens, a giant flea from Traders Village and an "astronaut" from Space Center Houston.
"We don't have to drive to San Antonio or that other city — Dallas," Alvarado said.
The bureau will spend $30,000 to advertise its new Web link.
Typically, tourism-sponsored Web sites are promoted to out-of-town visitors. But the convention bureau in Houston wants to encourage residents to also take advantage of its site.
"We're suggesting that instead of leaving town and spending money outside of town, discover something you may not have discovered in Houston," said Jordy Tollett, president and CEO of the Greater Houston Convention and Visitors Bureau. "We'd like to keep this money home."
You may recall the case of the painted mustache, in which The Virtuoso, a statue by David Adickes of Giant Presidential Heads fame was painted without his permission. Via blogHOUSTON, it appears that Adickes has taken matters into his own hands, and restored the cellist's mustache to its original white. A blog called Baboon Pirates has a photo that apparently ran on the Chron website yesterday, but he did not capture a link and I can't find any trace of it via either Google News or a chron.com search. I'll keep looking, but in the meantime, if you drive past the Lyric Center downtown, you can see that balance has been restored to the Force. Good for you, David!
UPDATE: Here's a link to the picture, which was taken by the Chron's Larry Reese. Dwight sent me the photo URL after I emailed him and inquired about its existence.
There's still time for you to head over to Allen Parkway and see the Art Car Parade. We'll be passing on it this year, since Olivia's too young to appreciate it (and will probably need a nap before it's over anyway), but it's a fabulous event, the kind of thing that makes Houston worth it. Go and have fun, we'll see you there next year.
The Carter & Carter show on BizRadio 1320 for tomorrow morning is a rerun, so Kevin and I will get the day off. As a consolation, I've finally gotten around to uploading the MP3s from the past two weeks. Here's the April 30 show, whose segment was long enough that it was split into two pieces, and here's the May 7 show, which was much shorter. Tune in next week when we're back on the air.
UPDATE: As Kevin reminds me, you have the option of hearing MeMo on Wait Wait Don't Tell Me this morning, in one of their recorded-live shows.
I somehow managed to forget to note that yesterday was the two year anniversary of the Ardmore walkout. Aaron Pena, who was one of the quorum-busting reps, remembers with a link to this DMN story (generously excerpted by Save Texas Reps). One thing I want to point out from this article, which talks about the prospects of an eventual Democratic resurgence in Texas:
"They're pretty much gone for the rest of the decade," said GOP strategist Royal Masset."Their big problem is not having a base of talent," he said.
Gone are the national stars that once led the state party: Gov. Ann Richards, Sen. Lloyd Bentsen, San Antonio Mayor Henry Cisneros. The last Democrat to be House speaker, Rep. Pete Laney of Hale Center, agrees that it will take a long time for such talent to be replaced.
"What the Democratic Party has to do is develop a farm team at the college level and the high school level," Mr. Laney said.
State Sen. Steve Ogden (HD14)
US Rep. Kevin Brady (HD15)
US Rep Henry Cuellar (HD42)
Agriculture Commissioner Susan Combs (HD47)
State Sen. Kip Averett (HD56)
Transportation Commissioner Ric Williamson (HD61)
State Sen. Robert Duncan (HD84)
State Sen. Kim Brimer (HD96)
US Rep. Kenny Marchant (HD99)
State Sen. John Carona (HD108)
State Sen. Leticia Van de Putte (HD115)
Former US Rep Ciro Rodriguez (HB118)
State Sen. Mike Jackson (HD129)
Former Houston City Councilman and Mayoral candidate Orlando Sanchez (HD132)
Harris County Judge Robert Eckels (HD133)
State Sen. Kyle Janek (HD134)
State Sen. Mario Gallegos (HD143)
Here in 2005, I can think of at least a dozen Democratic State House members who'd make great candidates for higher office, some today and some in a few years. Some of them are in imperviously safe seats, as were some of the future stars of 1992. I believe a good leading indicator of a change in perception of Democratic fortunes will be when you start seeing some of those safe-seat owners giving them up for a shot at something higher. I don't think that'll happen in 2006 (at least, not based on what little I've heard so far about who may be running for what), but I think you'll see some movement in this direction by 2010.
Obviously, there's more to a bench than one legislative body. Having a few incumbents in countywide offices in places like Harris County is nice, too. What I'm saying is that it's a myth to claim there's no base of talent for Democrats. It needs to be bigger, but it's certainly there.
Been meaning to mention that Juanita is back in business out in Fort Bend after a couple of months' hiatus. She's clearly in fine form, so drop by and catch up on the latest from the World's Most Dangerous Beauty Salon.
On a tangential matter, there's a new kid on the blog block that I've referenced a couple of times today, Come and Take It, a group effort created by Michael Garemko. I believe they're still welcoming anyone who might be interested in contributing, so click over and drop Michael a note if you want in.
As you may have read by now on various other blogs, we had a blogger conference call with Chris Bell last night. You can read about what we talked about and people's reactions to it at the following locations:
Common Sense, plus a coda here
By the Bayou (crossposted at Come and Take It)
Panhandle Truth Squad, which wins my Best Line of the Week award:
Having lots of Aggies on your side in a political battle is like forming an alliance with Klingons. They're loyal; they'll fight to the death; they might freak you out a little along the way.
All those folks did a fine job of covering what we talked about, so I won't duplicate their efforts. I encourage you to read some or all of their accounts. I feel confident that if you're at all inclined to think that maybe we can do better here in Texas, you'll find lots to like.
I believe that if the 2003 legislative session and the special session fiasco of 2004 didn't make it clear to anyone who's paying attention that there's a serious void of leadership in Austin, this session should remove any lingering doubt. Rick Perry isn't about solving problems, he's there to advance the narrow interests of his base. (Quick, what's Perry's plan for overhauling school finance? Why, gambling and property tax cuts, of course.) Since he'll need their fervent support to survive a primary next year, you can count on more of the same, assuming he can tear himself away from fundraisers long enough to take action on anything.
There's a reason why Rick Perry has never had good approval numbers. The question is whether someone can take advantage of his inadequacies and make the case for a different direction. I think Chris Bell can do that, and I hope you'll give him a chance to make you think so as well. If you're already convinced, you can help out by making a contrbution or by joining in on a house party on June 12. There's sure to be more opportunities soon, so stay tuned.
UPDATE: On a related matter, here's a report from Chris' recent visit to Dallas.
UPDATE: Two more entries from the PTS guys, both of which are worth reading. Looks like there's still more to come, too, so check back.
I don't know if you've heard about the Discovery Channel special which asks the question "who is the greatest American ever?", but apparently part of the process with the show is a national tour as a way of getting people involved in the decision making. They've got a blog for the journey, and their road show will be right here in Houston this weekend. Here's an excerpt from an email I received on the subject:
A Road Tour was kicked off last month in Boston and is stopping in Houston this weekend (May 14th-15th). The road tour will conclude in June and be followed by a TV series with Matt Lauer of the Today Show that counts down the top 100 nominations to #1 (the Greatest American).The above mentioned Road Tour I mentioned features a Greatest American tour bus that that will be making stops in cities and towns across the country as part of a grassroots campaign to let people know about the nominees for Greatest American. Greatest American tour bus will be in Houston at the Art Car Parade on Saturday between 10 and 3 and the Galleria on Sunday between 11 and 7.
In addition, at each stop, Americans will be encouraged to watch the count down shows in June and express their support for who they think is the Greatest American through old-fashioned Get-Out-the-Vote campaign events featuring Greatest American buttons, stickers and other giveaways.
Monty Python star John Cleese is writing the next feature film for Aardman Animations, the makers of Wallace and Gromit have announced.Aardman co-founder Peter Lord said the Fawlty Towers actor was currently writing the "pre-historic comedy".
[...]
"It will be great comedy adventure about a pre-historic culture clash between two tribes, one comparatively evolved tribe, and one un-evolved tribe," he said.
"Some might consider one tribe might be the English, and some might consider that the other to be the French, the Gauls.
"Let's just say it's the start of the Entente Cordial and it explains why the English Channel is there."
Lord was also joined at the festival by the Oscar-winning Nick Park to reveal a sneak preview of The Curse Of The Were-Rabbit, which is also in production and due to be released in the autumn.
It is the latest Wallace and Gromit adventure to follow-up the TV successes of A Grand Day Out, The Wrong Trousers and A Close Shave.
The film features the voices of Helena Bonham Carter, Ralph Fiennes and comedian Peter Kay.
It follows Wallace (Peter Sallis) and his dog Gromit as they hunt for a mysterious beast which is destroying the entries in the town's Giant Vegetable Competition.
Sometimes it's the little things in life...Points of order were deadly to two bills which frankly deserved to die. The first was HB1167, first noted here, which was killed by a really tiny mistake.
Affordable-housing advocates expressed relief Wednesday after a technical error killed a bill that would have reduced state housing assistance to the poorest Texans.When the bill by Rep. Robert Talton, R-Pasadena, came up for debate on the floor of the Texas House late Tuesday night, Rep. Yvonne Davis, D-Dallas, raised a point of order based on the fact that the time on the Urban Affairs Committee report on the bill was incorrect — 12:03 a.m. rather than 12:03 p.m.
Speaker Tom Craddick upheld the point of order. This normally would send the bill back to the committee, but since the deadline for committee action on bills had passed, Talton's bill is dead for this session.
Speculation surfaced immediately that Talton would attempt to add some provisions of his bill to legislation pending in the Senate. In an interview with the Houston Chronicle, Talton hinted that this might happen but declined to discuss details.
Leaders of nonprofit housing organizations had denounced the bill, saying it would reduce incentives to provide housing assistance to Texans in the lowest income categories.
Talton said the incorrect time on the report was the result of a computer error that had occurred several times before. He said Craddick was correct to sustain the point of order.
Rep. Phil King (R-Weatherford) has just moved to table his controversial Parental Consent Bill, acknowledging that opponents had a sustainable Point of Order.King told House members that he did not want to waste time and see other bills die. Rather than formally lay out House Bill 1212, King said he would table the legislation, subject to call.
HB 1212 would have require physicians to obtain the consent of parents before performing abortions on teenage girls under 17 years of age. Former Texas Supreme Court Justice Craig Enoch and the members of the County and District Clerks Association of Texas had criticized the reporting requirements of the bill.
HB 1212 had to be referred back to the Chief Clerk's office on Tuesday after another successful Point of Order. That time, Rep. Ryan Guillen (D-Rio Grande City) was mistakenly listed as a joint author.
You may think all this is nitpicky, and it is. But those are the rules of the House, and as you can see, in both cases both Speaker Craddick and the bills' authors acknowledged the validity of the objections. Many, many bills die this way every session - that was how Arlene Wohlgemuth pulled off her infamous Memorial Day Massacre in 1997. Complain all you want if you don't like it, but ultimately the fault lies with the authors for not dotting their I's and crossing their T's like they're supposed to.
UPDATE: Dammit. HB1212 is still alive after all.
Just hours after the parental consent bill died in the House, the Senate's State Affairs Committee unanimously approved Senate Bill 1150, a similar measure by Sen. Chris Harris, R-Arlington. The committee recommended the bill be placed on a calendar for uncontested bills.Sen. Rodney Ellis, D-Houston, left before the vote, saying, "I'm just trying to see if I need to bring my tennis shoes in to filibuster, to see if he's going to make a bad bill horrible."
Rep. Mike Villarreal, D-San Antonio, raised the successful objection to the House's parental consent bill.
"We had a lot of good support for this bill. We had Republicans and Democrats in support of it," King said, adding at least 90 lawmakers had planned to vote in favor of the bill, enough to pass it.
Villarreal, reflecting the view of many abortion rights advocates, said the parental consent bill is an effort by anti-abortion forces who "really want to limit the reproductive rights of women."
The bill's fatal flaw involved a minor error, King said.
One House rule specifies that all witnesses registering on a bill in committee must sign affirmations with the name of the committee at the top. Of more than 1,000 affirmations, he said, one failed to list the name of the House State Affairs Committee.
"It's easy to miss," King said.
The Senate has come to an agreement amongst themselves on a framework for a tax plan, and they're busy debating a school finance plan. You can read the articles to get the flavor of it, but the key point is that their plan still differs in many respects from the House's. The next step is a joint committee to iron out the contentious issues, and of course if all else fails, another special session (which will no doubt do wonders for Governor Perry's approval ratings). Birthday girl Eileen has more on the Senate debate and on discontent with David Dewhurst from the Wall Street Journal - apparently, the concept of raising some taxes while lowering others is causing their heads to explode, or something like that.
State District Judge Bob Perkins has heard the arguments from lawyers for Jim Ellis and John Colyandro that charges against them stemming from the TRMPAC corporate fundraising of 2002 should be dismissed, and will issue his ruling on June 27. Some of their arguments are, well, novel to me.
Colyandro is accused of illegally accepting corporate money in 2002 to influence GOP elections to the Texas House.Colyandro and Ellis also face a money-laundering charge on an accusation that they ran $190,000 through the Republican National Committee to turn illegal corporate cash into candidate-eligible donations from individuals. That charge carries a maximum possible sentence of 99 years.
"It's not fair this man is facing 99 years in prison," said Ellis lawyer J.D. Pauerstein, of San Antonio.
Pauerstein said a civil lawsuit against Ellis might be appropriate but not a major felony. Pauerstein said the money-laundering statute also is limited to cash transactions, but Ellis delivered a check from TRMPAC to the RNC.
Colyandro lawyer Joe Turner told Perkins that his client had never run a political committee before and relied on the advice of lawyers for what would be legal or illegal. "It really is unfair to prosecute him," Turner said. "He was a novice in this area."
The argument about a check as opposed to cash is ridiculous on its face, so I won't waste any time on it. And the bit about Colyandro being a naif who was only doing what the lawyers said was OK is just precious. All of a sudden ignorance of the law is an excuse? If he got bad legal advice, he's certainly got grounds for a malpractice suit, but not a dismissal.
Finally, as for vagueness, if that 1998 TEC opinion, not to mention plain old common sense aren't good enough, I can't help you. Apparently, the defendants' lawyers are happy they've been taken seriously for now. We'll find out how seriously next month.
On the heels of Survey USA comes the quarterly Texas Poll, which contains better but still not good news for Rick Perry.
Gov. Rick Perry's job approval rating, after rebounding earlier this year, slipped to 45 percent in a new poll released Wednesday.Perry's job approval hit 51 percent earlier this year, his highest showing in three years of polling.
[...]
The governor also had one of the highest negative ratings — 35 percent — of state officials in the poll.
Unlike the SUSA poll, we are not provided with the internals, so we have no idea how Perry did by various subgroups, or if perhaps one particular subgroup was over- or under-represented. The nearest thing we have is this:
Among Republicans polled, 78 percent approve of [Senator Kay Bailey] Hutchison's job performance compared with 63 percent for Perry.
Other items from the poll:
Hutchison remained the most popular Texas politician with a 67 percent job approval rating that includes strong support across political lines.[...]
More than half of Democrats, 55 percent, said Hutchison is doing a good job, as did 65 percent of independents.
Perry's other potential challenger, Comptroller Carole Keeton Strayhorn, received a 51 percent approval rating.
Her disapproval rating was only 12 percent, but 37 percent didn't know enough to offer an opinion.
[...]
Only 37 percent of those polled said they approve of the job the Legislature is doing, compared with 40 percent who disapprove.
Lt. Gov. David Dewhurst received a job approval rating of 42 percent, up from 35 percent a year ago.
President Bush remains popular with 58 percent of those polled, while Sen. John Cornyn remained steady from a year ago at 42 percent.
One last thing, regarding Perry's chances to improve on his performance:
His poll numbers will likely be tied to how effectively the Legislature performs, Cal Jillson, a political science professor at Southern Methodist University in Dallas, told the Scripps Howard Austin Bureau for a story published in Thursday's editions."Whenever the Legislature is in session, almost anyone associated with state government sees a decline in popularity," Jillson said.
The regular session of the Legislature has less than three weeks left before adjournment. If the Legislature fails in its push to reform the state's public school finance system, Perry's poll numbers could get worse.
Of those polled, 37 percent said they approve of the job the Legislature is doing, compared with 40 percent who disapprove.
"In all likelihood he'll receive the blame or the credit for the legislation session," Jerry Polinard, a political science professor at the University of Texas-Pan American, told the Scripps Howard Austin Bureau. "If the session is deemed to be a success, Perry's numbers can go up."
Was the poor showing by Carroll Schubert in the San Antonio mayoral election a repudiation of Governor Perry? The Jeffersonian considers the question. Check it out.
You know how I've been grumbling about the utter lack of variety, innovation, and trust in the intelligence of the listeners among radio stations? Well, via Michael Croft, it appears that hope is on the way.
The sleek electronic device pictured on Q101's Web site looks an awful lot like an mp3 player.Then there's the station's new slogan, "Now on shuffle."
Coincidence? Hardly.
WKQX-FM 101.1--Q101--is one of hundreds of stations across the country expanding its playlist and format to survive new media's attack on radio. Digital music players, satellite radio services and Internet radio stations offer listeners more music variety with few, if any, commercials, and radio execs are realizing that spinning the same hits over and over--industry practice for the last 20 years--isn't so appealing anymore.
Mike Stern, vice president of programming for Emmis Radio Chicago, said changing media habits demand a new approach for radio. "With an iPod in their hands, people are getting used to having a huge variety," Stern said.
Beginning this month, the Emmis Communications station adjusted its format and started rotating 1,000 to 1,200 different songs, up from around 200.
The music genre is still alternative modern rock, only now instead of playing hits from just the past few years, Q101 also is drawing on hits from the late '70s and everything in between, from the Ramones to Depeche Mode to Nirvana to Linkin Park and Audioslave.
"These are songs that are familiar. When listeners ask for more variety, radio has answered by going deeper, but we're spreading widthwise," Stern said.
Why the sudden popularity of variety after the longtime success of targeting? For the last 20 years, the dominant radio programming theory held that stations should play a few hundred songs over and over to attract and keep a specific core audience.
People today are desperate for change and diversity, said Mike Henry, chief executive of Paragon Media Strategies and a consultant who helped developed the breakout format known as "Jack," which plays hits across different genres from classic rock to hip-hop to country. That might mean playing Madonna next to Led Zeppelin next to John Mayer next to Alicia Keyes next to Franz Ferdinand.
"The Jack formula has worked and defied radio wisdom because it appeals to a pent-up demand that has grown and grown as radio has delivered narrower and narrower content," Henry said. "A lot of people want to be surprised, they want variety."
Local hip-hop and R&B station WGCI-FM 107.5 sticks to the well-proven formula: a narrow selection of songs that resonate with listeners."People don't stand next to the radio 24 hours a day. You need to play hit songs as often as possible because people punch in and punch out," said Elroy Smith, WGCI operations manager and program director.
WGCI's active playlist includes about 300 songs that, depending on popularity, can get upwards of 50 spins a week.
Listeners may say they want variety, but they like the hits, and typically the most narrow stations are the most successful, said Rod Phillips, program director of Kiss FM 103.5, which plays 100 different songs a week."Who are they going after? There's not a playlist that men and women 18 to 34 will both like." Phillips said. "This all things to all people is hard to pull off."
Variety isn't a new concept, and in some forms it seems to work.
Look, I'm not saying that there's anything wrong with tight-format stations, or that the iPod model of radio programming is some kind of New Paradigm that will Change Everything. I'm just saying what I've been saying all along - that there is an audience for this sort of thing, and that a radio programmer with a bit of vision can have a profitable station by catering to it. Will Ken Charles or someone like him have the guts to focus group this concept and see what can be done with it? One can only hope.
Time for another update on THHSC outsourcing...Father John notes that Accenture, the winner of the multimillion dollar call center sweepstakes (pending the lawuit, of course), is looking for office space in Austin.
Sources pinpoint the 141,900-square-foot Southfield office building in South Austin as a likely option for the companies. Few large blocks of space remain on the market, and that building -- at the northwest corner of I-35 and Ben White Boulevard -- is vacant.Hundreds of employees are expected to need a place to work should the state contract become a reality, real estate sources say, although the number of workers isn't clear yet.
"Accenture is in contract negotiations with HHSC. Work sites related to that contract are not finalized and will not be announced until the contract is signed," Accenture spokesman Jim McAvoy says. "Any speculation on the locations and [square feet] of office space related our contract negotiations is just that -- speculation."
Accenture's main Austin office is in One Barton Skyway at 1501 S. MoPac Expressway. Accenture employs about 320 people in the Austin area.
Father John also has an update on Colorado's privatization mess, and he links but sadly doesn't comment on the recent TIERS story in the Houston Press (blogged by me here).
Having been stymied in the Senate, Rep. Phil King has turned to trickery to force through the telco-friendly bills HB789 and HB3179. He's attached them as amendments to the must-pass SB408, a bill about the Public Utilities Commission which has already passed the Senate. Sen. Jane Nelson is on record opposing this.
"We are at that point of the session when members are trying to amend their legislation onto other bills that are moving more quickly through the process," said Nelson, author of the PUC bill. "I understand that inclination. However, it is my preference that sunset legislation remain clean of major policy shifts."
Mr. Fraser, R-Horseshoe Bay, said Tuesday that consumers could pay millions more in telephone charges if the additions are passed. He said he would hold a hearing as early as next week and push his own competing proposal for a more gradual deregulation of telephone service."Bills of this magnitude that involve this much money that would be coming from the public need to have a fair hearing by both houses of the Legislature," he said.
UPDATE: More from Stace.
As promised yesterday, check out the new TechBlog and MeMo (who's apparently a little resistant to the change - Kyrie, speaking as a ten-year veteran of customer service work, I have bad news for you: It really is always the user. Accept the truth of that and move on. It's the only way.)
Anyway. Richard Justice's still-unnamed blog is next in line for the migration, and after that, who knows where they'll go. Here's Dwight's opening statement on where they stand and what you can expect. I look forward to seeing more, as does Kevin.
UPDATE: The Richard Justice Blog Experience, also known as SportsJustice, is now online.
I don't know why this hasn't gotten any news coverage yet, but the latest approval numbers for Rick Perry (via Andrew D and Political Wire) are just unbelievably awful.
Do you approve or disapprove of the job Rick Perry is doing as governor?38% Approve
48% Disapprove
14% Not Sure
It shouldn't be that big a surprise that Perry's numbers suck. He's never been that popular to begin with, and he's certainly never bothered to court his political opponents. Other than the occasional slapfight with potential primary challengers Kay Bailey Hutchison and Carole Keeton Strayhorn, he's been invisible during the legislative session. He's made school finance reform a major issue, going so far as to call a dismal flop of a special session on it last year, yet a large majority of Texans think school finance will remain a mess after the regular legislative session ends, with 60% thinking that the much-derided Robin Hood system ain't so bad after all. His one signature achievement, the Trans-Texas Corridor, was passed by the House in 2003 without anyone knowing what they were doing. It's now officially opposed by the Texas GOP, and Perry is drawing fire on it from Hutchison, Strayhorn, and Chris Bell. (If it's any consolation for Perry, Kinky Friedman hasn't expressed an opinion on the subject yet that I can find.) In short, it's a crapstorm and he's outside with no umbrella.
Andrew thinks that Perry's numbers among Republicans are pretty good, good enough to ensure that he'll withstand the coming primary challenge. I've already said that I think those numbers are weak, but I can't necessarily disagree about the primary. We don't know how he's doing among likely primary voters, but past evidence has always suggested that that is the one true bastion of strength that he has. What I think we all agree on is that this is why we want to see Perry survive a bloody and acrimonious Republican primary. He's vulnerable, more so than KBH or CKS would be. Keep up the good work, Rick.
(Side note, since I couldn't work it in anywhere else: Perry's approval totals make him the thirty-eighth most popular Governor in America. Hat tip to Greg for that tidbit.)
DeLay associates John Colyandro and Jim Ellis are in court to ask that charges against them be dismissed.
DeLay associates John Colyandro and Jim Ellis are scheduled to ask state District Judge Bob Perkins, a Democrat, to throw out the ethics indictments against them as being based on a constitutionally vague state law and as a violation of First Amendment free-speech rights.If Perkins rules against the pair, they will be able to appeal the motion to the all-Republican Texas Court of Criminal Appeals before any trial. That's because they filed a motion to quash the indictment and a habeas corpus motion, which will give them a priority in the appellate system.
"When you have a case that has gotten this much attention, it will require a significant amount of judicial courage to do the right thing and end the prosecution without letting it go to trial," said Ellis' attorney J.D. Pauerstein.
[...]
Pauerstein and Colyandro's lawyer, Joe Turner, will argue that the state election law is vague and does not define an administrative expense. Turner also argues that TRMPAC had a right in 2002 to spend corporate money on politics so long as the money was not spent directly advocating a candidate's election or defeat.
In 1998, someone sent the Texas Ethics Commission a letter saying his or her client, a corporation and other corporations had been solicited "to donate a substantial sum of money" to be used for administrative purposes by a political action committee unconnected to the corporations.The lawyer wanted to know if his client could give to a political action committee "which has no relationship or connection to the donating corporation" and whether the donation would be reported to anyone.
Two months later, the commission sent the lawyer a draft opinion. Its conclusion, after seven pages of analysis: "A corporation may make expenditures to defray administrative expenses of a general-purpose political committee only if the corporation participated in the establishment of the general-purpose political committee."
In other words: No.
In addition, the opinion made it clear that the expenditure of corporate funds was limited to rent and utilities and such.
"In contrast, expenditures for fund raising for the committee or for support of candidates are not administrative expenses."
TRMPAC allegedly used corporate funds for fund raising, polling to see how favored candidates were doing and targeted mailings praising favored candidates.
The lawyer, obviously knowledgeable of the peculiarities of Election Commission rules and practices, read the opinion and sent the commission another letter.
"My client wishes to withdraw the request for (the opinion)," the letter said. "We apologize for any inconvenience we may have caused."
I will say this: We know about this inquiry, and we know what answer the TEC gave. Given that, I have no idea how anyone can argue the law is vague. Does the TEC's opinion not count or something? Hopefully, this motion will get the boot it deserves, and we can get on to the real business of the trial. Stay tuned.
UPDATE: Wanted to add that I've discussed the issue of "vagueness" previously.
Mega Millions, the bigass multistate lottery that Texas joined in 2003, is tinkering with its system.
— Players will choose five numbers from 1 to 56 and then a Mega Ball number from a second field of 1 to 46. Players currently can choose five numbers from 1 to 52 and then a Mega Ball number from a second field of 1 to 52.— The starting grand/jackpot prize amount will change from $10 million to $12 million.
— The second prize level will change from $175,000 to $250,000, and the third prize level will change from $5,000 to $10,000.
— The odds of matching all the numbers and the Mega Ball for the grand/jackpot prize will change from 1 in 135 million to 1 in 175.7 million.
— The overall odds of winning any prize will be approximately 1 in 40, changing from 1 in 43.
As for the jackpot odds, all I can say is "wow". Remember when the Texas Lottery debuted, and you had to pick six numbers out of 40? The odds of doing so were about 1 in 16 million. This is an order of magnitude less likely. In real terms, it doesn't matter all that much - you're still more likely to be eaten by a shark while getting struck by lightning during a blue moon. But I'm still impressed.
The change in odds was precipitated by an expected increase in jackpot amounts, which is due to the addition of California to the Mega Millions family.
"With the addition of California's anticipated increase in the overall sales of Mega Millions, we expect a rapid increase in the Mega Millions jackpot levels per roll cycle," said Reagan Greer, the Texas lottery's executive director. "It's our belief that increases to the jackpot amounts will translate into increased sales and increased revenue to the Foundation School Fund."
As everyone now knows, Nick Lampson has declared himself a candidate for the Democratic nomination in CD22 for 2006. Lampson had served for eight years as the Congressman from the former CD09, taking office in 1997 after doing America a favor by ousting one-term extremist Steve Stockman. He's the first political candidate I ever gave money to, and I expect to support him wholeheartedly this time around.
I had the opportunity to ask him a few questions recently. Please take a moment to get to know Nick Lampson, and if you like what you see, it's never too early to help out.
Why didn't you run against Tom DeLay in 2004? Did you think that you had a better chance in CD 2 than in CD 22? And if so, why does you think you can win in CD 22 in 2006?
In 2004, I was asked to run in the 2nd, 14th, and 22nd Congressional districts by folks living in each. Frankly, there were strong cases made for running in each of them. I ultimately felt a responsibility to the place where I'd started in politics - the new 2nd district.
Polling before the 2004 race suggested I would do very well in the 22nd district. I think my moderate record and consensus-building approach are the right fit in District 22 at this time, which, by the way, continues to become more favorable territory for Democrats. I'm not a grandstander, not pushing a personal or party agenda. I really believe this is about public service, and going to work every day for the folks who send me there.
Could you please elaborate on the Quan/Morrison meeting and the DCCC involvement in the race?
I had an excellent meeting with Richard and Gordon, both of whom are fine men. Nothing was conclusively resolved that day, but as you know Richard decided not to make the race. I believe Gordon is still weighing his options, though I've not talked to him recently. I do believe I'm the strongest candidate to make this race.
Obviously, the DCCC is very interested in this race. It's hard to tell at this early date what the extent of their involvement will be, but I do expect them to be involved.
Obviously, Tom DeLay and his ethical woes have been very much in the news lately. How will that affect your strategy and your message in this race? How do you plan to convince suburban/exurban conservative voters that you are not just another Democrat?
My answer here might surprise you. I actually don't plan to make Tom Delay the focus of this race. Let's face it, his name is in the paper an awful lot these days - folks can make up their own minds there. My plan is to concentrate on introducing myself - my common sense values, my history of consensus-building - to the people of District 22. I've gotten a lot of independent and crossover Republican support in the past, and I believe I can do it again. I think people are tired of controversy and bitter partisanship. I think they feel left out of the discussion when they hear about all this stuff going on in Washington. They're going about their daily lives - working hard, raising their kids - and I believe they want their representatives in government who roll up their sleeves and go to work for them every day, just like they do. I've done that in all my previous public service, and will do it again for District 22.
This will be an expensive race. How much do you think you'll need to raise, and how confident are you that you can do it?
This race will be expensive, no question. I am a proven fundraiser, and am confident I'll raise what I need to win next year. It's hard to say exactly how much that will be, but I would guess in the $4 to $5 million range. And you can bet Mr. Delay will raise whatever he needs to, as well. I don't think money will be the issue in this race - we'll both be able to get our messages out.
Though you once represented 30% of what is now CD22, you live in Beaumont and would have to move in order to reside in the district. Do you believe this will be a disadvantage? How will that affect how you campaign? What are your plans for establishing residency in CD22?
I did represent about 130,000 of the people in current District 22, who were in the old 9th District. Many people may not realize it, but I have a long family history in Fort Bend County. My grandparents settled in Stafford nearly 100 years ago. My parents both grew up there, and married there. I spent a great deal of time on my grandparents' farm, along with my siblings, even working the fields. Jebbia Lane, where my relatives are (and where I will live) is named after my mother's family. My grandfather was a security guard at the Imperial Sugar plant; my uncle Nick, for whom I'm named, was the postmaster of Stafford; another relative was a county commissioner there. I have deep roots in District 22 - frankly deeper than Mr. Delay's by a long shot. I really don't think it will be much of an issue. This race will be about character, values, and common sense ideas.
What do you think you did right in your 2004 race, and what do you think you did wrong? What do you hope to improve on and to do differently this time around?
My campaign team and I worked our hearts out during the last campaign, but losing that race was a great disappointment. There were some dynamics in the presidential race that were certainly out of my control. One thing I plan to do is spend more time introducing myself to parts of the district that don't know me. I don't think I did that as well as I could have last time around.
UPDATE: Kimberly and PM Bryant add their thoughts.
UPDATE: Supreme Irony adds his thoughts.
UPDATE: As does Byron.
UPDATE: And Nate.
Via Lyn, I see that HB1212 is the bill du jour today, and it's another in a long line of bills this session whose purpose is to define morality for the public. The Dallas Morning News objected to its divisive intent in a recent editorial:
The House State Affairs Committee voted Monday to require a pregnant teenager to secure her parents' consent before getting an abortion. This newspaper supports requiring teens to notify their parents before having an abortion, but requiring a parent's consent goes too far. Whether or not any of us likes it, desperate teens will get abortions, and some will go straight to the back alley if they must get their parents' permission.What's more, the legislation would make it a crime for anyone to coerce a child into an abortion. If this provision passes, parents could get hauled into court for strongly urging their child to end a pregnancy. How can the state demand that parents be responsible for the choice, and then penalize them if they make a particular choice? That, in effect, coerces teens to bear unwanted children.
Kos diarist Moiv notes that the charge for "coercing" a minor into having an abortion would be a felony. If so, I hope Sen. John Whitmire remains true to his pledge so far to kill any bill that calls for locking up more people without ponying up the money to pay for the increased prison utilization. Otherwise, I hope the Senate has enough on its plate to pass on this bad idea. Don't let that stop you from contacting your elected minion and telling him or her to oppose HB1212, though.
Dwight Silverman says to look for a new look for the Chron's blogs soon:
We'll be moving the TechBlog, MeMo and Richard Justice's blog to new software designed specifically for blogging. It will allow readers to post comments, and will include trackback, so you can can see what other sites are saying about individual postings.Any new blogs we create -- and we're adding quite a few in the coming months -- will use this software.
When this happens, the Web address for the blogs' home pages will change, as will the RSS feed URLs. We'll post notices in each of the old blog locations letting you know where the new ones can be found.
The Legislative Budget Board has released its analysis of the Senate budget plan, and whatever improvements said budget may contain over the House plan, the same basic flaws still exist: it's a tax cut for a few, and a tax hike for everyone else.
Only households with incomes of more than $140,853 a year would realize a net tax cut — an average of 1.52 percent — under the swap of higher state taxes for lower school property taxes in fiscal year 2007, when the trade-off is fully in place.[...]
Senate Finance Chairman Steve Ogden, R-Bryan, the bill's sponsor, blamed much of the inequity on a 75-cents-per-pack increase in the cigarette tax, which is part of the package. On average, poor people who smoke spend a larger share of their income on cigarettes than wealthier people.
"Obviously, I'd like to see it (the analysis) a little bit different. (But) get rid of the cigarette tax, and the equity note would change substantially, particularly in the areas of the lowest income," he added.
Ogden said he isn't willing to concede that the bill won't offer tax relief for many Texans.
But Sen. Eliot Shapleigh, D-El Paso, a strong opponent of the bill, called the tax trade-off a "historic shift to radically regressive taxes."
"All this debate has been about tax cuts for the wealthy," he said.
[...]
According to the analysis, families earning more than $140,853 a year would see their taxes reduced by a collective $212 million, or an average of 1.52 percent, in 2007.
All other income categories would get a net tax increase. Overall, that would mean a tax increase for 80 percent of Texas families, said the Center for Public Policy Priorities, which advocates for middle- and low-income people.
Families with annual incomes of $64,325 to $79,271 would pay a total of $136 million more in taxes, an average increase of 2.41 percent per family. Total taxes would jump by $122 million, an average of 4.1 percent, for families in the $22,833-$31,735 range.
Families in the poorest category, $13,415 a year or less, would pay $8.1 million more in taxes, collectively, for an average boost of 0.4 percent.
It’s important to remember these are average increases. The Senate plan increases cigarette and alcohol taxes significantly, so if you don’t smoke and don’t drink you might be spared the increases.
The Senate will be debating this sucker today and tomorrow. Will they be able to resist whining business groups and their complaints about the overhauled franchise tax? Will they sustain any attacks from Comptroller Strayhorn? Will someone cave in and suggest once again that maybe more gambling is the answer? Tune in and find out.
The annual Urban Mobility Report by traffic researchers at Texas A&M University also says Houston, with the nation's 11th largest metro area population, ranked fifth in annual delay per traveler — 63 hours in 2003, the last year for which data is available.That compared with 93 hours for Los Angeles, 72 for San Francisco, 69 for Washington and 67 for Atlanta.
The report, prepared by A&M's Texas Transportation Institute, shows traffic congestion in Houston eased in the late 1980s and early '90s after a spate of roadbuilding, but the trend has been generally upward again since then, with a few bumps along the way.
Houston's annual delay per traveler has surged from 39 hours in 1982, when the data was first compiled, and although the 63 hours logged in the most recent report is down slightly from 65 hours the previous year, the decrease is statistically insignificant.
[...]
The delay in Houston would have been 13 percent greater if not for transit, the report says. For specific areas such as downtown, the added burden would increase by 30 percent or more if transit were not available, said Tim Lomax, who wrote the report with colleague David Schrank. "And you'd have 30 percent more cars needing places to park," he added.
As in each of the past several years, TTI recommends a mix of roadbuilding, car pools, transit, working from home, signal coordination and incident management — like the city's Safe Clear towing program — to ease the future crunch.
"It's become increasingly clear that no single mode will solve the problem," Lomax said.
Among Texas cities, delay per traveler was 60 hours for Dallas-Fort Worth, 33 for San Antonio and 51 for Austin. In 1982, when the data was first compiled, Austin's delay was just 11 hours compared to Houston's 39."It's due to rapid growth, and they (Austin officials) didn't build up their transportation system while they were growing," Lomax said.
"For a long time they had a policy of trying to sort of manage the growth and not add more transportation facilities. Now they have a lot more congestion," he said.
As for San Antonio, most of the driving I've done there was in the 80s and early 90s, as a student and then visiting friends after I moved to Houston. You'd occasionally get stuck on the North Loop, and the 281/410 interchange, which bizarrely involves exiting the highway and going through traffic lights instead of a direct ramp like you'd expect, was a pain, but other than that, it was the easiest place in the world to drive. I can't explain why - there just aren't as many drivers there as you'd expect for a city its size. I'm not surprised its delay numbers are so much lower.
UPDATE: There's a longer version of this story here.
UPDATE: Jeb disputes the study's contentions about Austin.
The Rockets's season may be over, but at least they don't have to worry about their coach being on double secret probation any longer.
A week after NBA commissioner David Stern hit Rockets coach Jeff Van Gundy with the largest fine ever assessed an NBA coach and threatened to suspend or even ban Van Gundy from coaching, the NBA today ended its investigation and withdrew its threat of further punishment.No additional penalties beyond the $100,000 fine were levied.
Van Gundy had said May 1 that an official with the league had told him that Yao would be watched more closely when setting screens.
The league announced today that Van Gundy had confirmed that he was not tipped by a league referee. But Van Gundy said today that he purposely used the term "official" to protect the identity of the longtime friend who called him and stressed that he considered his comments accurate.
"I may have been purposely vague, but I made sure I was telling the truth," Van Gundy said. "The implication from the start, that I might have fabricated the call was disturbing and I'm glad the NBA confirmed that there were talks with league personnel."
NBA deputy commissioner Russ Granik issued a statement on the league's decision to end its investigation:
"Over this past weekend, coach Van Gundy publicly apologized for his comments last week suggesting bias in the leagues refereeing relating to Yao Ming. He has also confirmed directly to an NBA representative that, during the Houston/Dallas playoff series, he did not have any communication with a referee (working or non-working) other than, of course, during an ongoing game. In fact, his only conversations with league employees during the series were with league personnel in the normal course. In light of these circumstances, we now consider the matter to be closed."
What would you say to a car that doesn't crash? Would you say the same thing if you heard it was powered by Microsoft?
Microsoft Corp. mogul Bill Gates and the leader of Ford Motor Co. outlined a future Friday in which software enables cars to fix themselves and avoid accidents.Gates and Bill Ford Jr., Ford's chairman and chief executive, said high-definition screens, speech recognition technology, cameras, digital calendars and navigation equipment with directions and road conditions will set car companies apart from their competitors.
Eventually, Gates said, there could be a car that wouldn't let itself crash.
"That absolutely should be the goal," Gates told several hundred participants of the Microsoft Global Automotive Summit at the automaker's suburban Detroit campus. "The embrace of technology will be the key for the leaders of the industry."
The prosecution is still presenting its case in the Enron Broadband trial. Their last witness for the week was a techie who testified that EBS was going to have to rely on other companies' networks to deliver what it was promising.
John Bloomer, a computer expert hired in 1999, said the idea was approved about two weeks before a Jan. 20, 2000, stock analyst conference where prosecutors maintain Enron Broadband Services executives lied about the capabilities of their network."We were looking at a year-plus before we would be able to carry media transport on our network," Bloomer explained Friday under questioning from U.S. Attorney Ben Campbell.
Enron's network, at the time, could not direct "traffic" or track customers because it did not have the necessary software, Bloomer said in his second day of testimony.
The idea was to use a vendor's network to capitalize on a lucrative market for transmitting video for news organizations between Chicago, Denver, New York and Washington, D.C.
Deep-pocketed network television organizations frequently feed videotape along these routes and pay premium prices to do so. Enron, he said, would sell the service, while a vendor would be the sole network operator.
The Enron Task Force maintains such a plan was never mentioned at the January 2000 conference and executives told stock analysts they had their own network with a proprietary network control software.
The defense argues that the EBS vision was a work in progress and that no one misrepresented it. They say the network was being deployed in phases.
[Bloomer] said he left GE to go to Enron Broadband Services in 1999 "to turn it into an honest to goodness business."Responding to prosecutor Ben Campbell, he said his first job at the unit was to locate the problems. He found poor morale, holes in the underlying infrastructure and products that were not ready to be marketed.
He said what was called "Enron's Intelligent Network" actually lacked intelligence, or the ability to control the hardware, and that he experienced internal resistance when he set up teams to address the problems.
Bloomer told jurors in U.S. District Judge Vanessa Gilmore's court that he was attracted to Enron's technology business and "believed with Enron's support and capital, this kind of thing could generally change the industry."
But Bloomer said when he got there in October 1999, there was disarray.
Bloomer, who wound up leaving Enron in 2000, titled one section of his report "How did we get to this broken state." He said it was going to take an infusion of people, cash and focus to get EBS on the right track.
Getting back to the defense strategy for a moment, if the plan is to convince the jury that EBS was fundamentally able to do what it was touted to be able to do, and that what the executives all said was maybe a bit of puffery but not fraudulent, then I would guess that the little videotape snafu won't be a big part of their case. If what Rex Shelby was saying was basically true, then it doesn't really matter all that much if he was in the tape the prosecution presented or added later on. I don't know how strong the defense thinks its claims are, but since they couldn't have known about this gaffe beforehand, they must have some faith in them. If so, changing their emphasis may just serve to confuse the jury. I'm sure they'll refer to the tape, mostly as a way of tarnishing the image of the prosecution, but I'll be surprised if they suddenly make it their smoking gun.
Now of course, I'm not a lawyer, I'm not in the courtroom, and I'm basing this on my one experience as a criminal juror - it was a DUI case, in which the defense attorney threw out a lot of claims about the police and the prosecution, none of which were ever fully developed as a recognizable rebuttal to the charges and none of which made any headway on knocking down the piece of evidence that led to us convicting his client (a videotape at the station house in which he still looked drunk, a good hour and a half after having been pulled over). All I'm saying is that the defense needs to keep its eye on the ball. From my perspective at home on the couch, if they make a big deal out of the tape, they probably don't think they were going to win with their original plan.
I had a chance to chat with Michael Fjetland (who's started a blog about his potential primary challenge to Tom DeLay) on Friday. He's an interesting guy, and I enjoyed the conversation. In talking about what Pete McCloskey has in mind, the basic deal is this - if Fjetland can raise a decent amount of seed money, about $50K or so, McCloskey's group will pony up $500K to help. They're apparently serious about challenging the DeLay wing of the Republican Party - they're supposedly looking at a couple more races (no word on which yet) with the same kind of deal for their chosen insurgent.
Fjetland's task, therefore, is pretty straightforward. If there is an undercurrent of resentment/fatigue/dissatisfaction/whatever with The Hammer, and if he can tap into it for some financial support, then he'll have the wherewithal to make a race out of it next March. It wasn't clear to me that there were any milestones or deadlines for him at this point, so I'll check in later on to see where things stand.
The logic of a primary challenge is simple enough - you don't need as many votes to win. If you believe, as Fjetland does, that it will be very hard to top the 110,000 votes Richard Morrison got in last year's general election, then the thought of aiming for 30,000 votes in a primary is appealing, especially in an open primary state where you can hope to woo independents and the odd Democrat or two. I'm trying to decide what level of turnout would be most favorable for someone like Fjetland. No matter how you define it, the number of disaffected DeLay supporters has to be limited, and that suggests that a lower volume might be better. On the other hand, it's certainly possible that a wide-open Governor's race featuring both Strayhorn and Hutchison might bring a bunch of non-traditional Republicans out to the ballot box, with those people being more likely to consider an alternative to DeLay. That's not something one can control, of course. Coming up with a strategy for this is going to be a bit risky.
One thing that struck me in our meeting was how much agreement the two of us appeared to be in on many issues - the budget deficit, spending on infrastructure, foreign policy, and more. Funny how some things that used to be Republican articles of faith are now firmly Democratic, isn't it? I can't help but think that anyone who'd push the button for Fjetland in March would be open to doing the same for Nick Lampson in November if Fjetland isn't his opponent. Just something to keep in mind.
John Judis has a piece on Tom DeLay that's worth reading. It's probably the first piece in a national publication that analyzes DeLay's current situation in a non-surface fashion. One correction that needs to be made:
[W]hile many of the engineers, scientists, and managers who live in Sugar Land, Kingwood, and Clear Lake are registered Republicans, they aren't party activists.
This is what I mean by non-surface analysis. Judis doesn't accept the DeLay spin about selflessly making CD22 more Democratic so as to help his comrades - he actually looks at the numbers.
Morrison held DeLay to only 55 percent--his lowest total ever--while garnering 41 percent himself. Republican officials insist that Morrison got the baseline vote that any Democrat running against DeLay would get in the new 2004 district. "I would run my dog and he would get that much," Thode says. But, in 2002, DeLay defeated Democrat Tom Riley by 60 to 38 percent in the Fort Bend County part of the district. DeLay potentially strengthened his hand in that county after 2002 by moving 45,000 black voters to Al Green's majority black 9th district in Houston. But he did much worse--winning only 53 to 42 percent--in 2004. Morrison didn't get a baseline vote in November 2004. He captured part of what could have been a much larger disaffected vote, prompted by the growing unease of the region's professionals with DeLay's performance in Congress.
Link via Ruy Teixeira.
UPDATE: Forgot to link to this WaPo piece, which doesn't actually have anything to do with what Judis writes about but which calls DeLay "increasingly embattled" in the headline. I just like the sound of that. Via Political Wire.
I got an email tip over the weekend about HB1167, which is a bill about housing for low-income residents. It's a massive 100+ page bill that's scheduled for a second reading tomorrow, and I'll quote from the bill analysis page to give you a flavor of it:
The Texas Department of Housing and Community Affairs (TDHCA) Sunset Bill passed during the 78th Legislative Session, S. B. 264, sought to bring balance back to the state's affordable housing programs primarily through modification of the most important public/private partnership - the Low Income Housing Tax Credit Program. During the Interim of the 78th Session, The House Committee on Urban Affairs was charged with studying the implementation of S. B. 264 and found that TDHCA had not in fact properly implemented many of the reforms contained in S. B. 264.
Filed primarily to correct the shortcomings in implementation of S. B. 264, C.S.H.B. 1167 provides clarification to the agency to allow it to focus on providing affordable housing and partnering with housing sponsors. C.S.H.B. 1167 also focuses on the allocation processes and the computation of the regional allocation formula to allow for the department to address housing needs across the state without overreaching its authority.
The bill by Rep. Robert Talton, R-Pasadena, would reduce incentives to develop housing affordable for the poorest Texans while generally shifting the agency's focus toward apartments rather than homeownership programs such as Bootstrap and Habitat for Humanity.It would remove the agency's authority to develop and revise rules for awarding low-income housing tax credits, the largest and most controversial state housing program. The bill would write the rules into law, meaning they could be changed only through legislative action.
The bill has alarmed advocates for the poor and leaders of nonprofit housing development groups, whose role in providing housing to low- and moderate-income Texans will diminish if the measure is signed into law. Almost 100 individuals and organizations signed a letter opposing the bill, and leaders of Houston nonprofits have scheduled a news conference today to denounce it.
Talton's bill "is the single worst housing bill from the standpoint of poor families, fair housing, disabled people and honest government that I have seen in my 28 years working on housing issues," said John Henneberger, co-director of the Texas Low-Income Housing Information Service in Austin.
There's more in the Chron story, so read the whole thing. As much as anything, my concern is that there's three weeks left in this session. We still don't have any agreement on school finance or tax overhaul, and there's still big bills on telecom and HHSC privatization to debate. We've already wasted time debating sexy cheerleading and making gay marriage Double Secret Illegal, and there's sure to be a few more stupid bills like those coming to the floor before all is said and done. Somehow, in the midst of all this, HB1167 is going to come up for a vote (it's already passed out of committee). What are the odds that a majority of the House will fully understand what they're being asked to vote on? Look at the calendar for tomorrow. See how many other bills there are scheduled for a second reading? How much time will there be to actually debate this sucker?
NOTE: This post has been rewritten. I'd put something up before I noticed that there was a Chron story on HB1167 (I missed it during my scan of the paper version; thankfully, the Chron's RSS feed for politics saved me). Checking Google News, I don't see any other stories on this today, so kudos to the Chron for the coverage.
UPDATE: Jim D got the same email I did.
UPDATE: As did PinkDome.
Good news: Once again, efforts to add tracking technology to vehicle inspection or registration stickers have been defeated. Bad news: Unfortunately, as Scott points out, plans to build a big honking biometrics database of all Texas drivers are still on track. In other words, you can take the tinfoil hat off, but don't put it back in the closet just yet.
There's a saying in politics that if you're going to lose, it's better to lose big so that there's no doubt in your mind about it. I don't know if the same is true for sports, but there's no doubt about who won Game 7 last night in Dallas. We can worry about the woulda-coulda-shouldas later, but for now I'll just say congrats to the Mavs and thanks to the Rockets for a fun season. Get 'em next time, fellas.
Oh, and I agree with Jonathan Feigen - Now would be a good time for David Stern to drop the threat of further sanctions against Jeff Van Gundy. You've made your point, so let's move on.
Busy day across Texas yesterday. In San Antonio, it'll be Castro versus Hardberger in the runoff. Dallas voters soundly defeated a proposition to make theirs a strong-mayor system. The smoking ban passed in Austin. Virginia DuPuy is the new mayor of Waco. And most Houston-area bonds and other propositions were approved. Last but not least, Tom Musselman, Official Dad of BOR's Karl-Thomas, was elected to the Fredericksburg City Council. Congrats to all the winners!
More coverage on all of this can be found at Burnt Orange, The Red State, The Jeffersonian, and Common Sense, while Amanda and Norbizness vent about the smoking ban result.
UPDATE: StoutDem weighs in on Dallas.
UPDATE: B and B notes that both propositions passed in San Antonio.
UPDATE: Via Panhandle Truth Squad in the comments, a smoking ban proposal similar to Austin's was narrowly defeated, though supporters may try again in the future.
Stace reports on the planned services for Rep. Joe Moreno, who was killed in a car crash Thursday night.
Visitation & Rosary: Monday, 5/9/05
Visitation: 6 p.m., Sacred Heart Co-Cathedral, 1111 Pierce, Houston, TX
Rosary: 7 p.m.Public Viewing & Funeral Mass: Tuesday, 5/10/05
Public Viewing begins at 8:30 a.m. at the Catholic Charismatic Center, 1949 Cullen, Houston, TX
Funeral Mass begins at 10:00 a.m.Burial: 4:00 p.m., Texas State Cemetary, 909 Navasota, Austin, TX
NOTE in HOUSTON CHRONICLE: In lieu of flowers, please consider donations to the Joe E. Moreno Scholarship Fund at Laredo National Bank.
It's Saturday, so that means it's time once again to tune in to BizRadio 1320 at 10:15 to listen to Kevin Whited and me on the radio. I'm thinking I'll have a few words to say about Jeff Van Gundy and the whole Outburst Circus. I'll have a link to MP3s from last week's show up later today.
The Red State will be giving continual coverage of election-related events in San Antonio today. He's already voted this morning - if you live in SA, you should be voting today, too. Check it out.
I did not see any coverage of this yesterday, but apparently Dallas Mavericks Coach Avery Johnson had a little meltdown after Game 6:
A lot of things surprise me. You know one of the things that surprises me? Here a team is in an 0-2 hole, everybody has this team written off when they’re down 0-2. They come back and win three in a row and you don’t even hear anything about how the Mavericks won three game sin a row. The talk is about other stuff. Maybe I need to go crazy. Maybe that will help.This series is about basketball, that is what this series is about. We didn’t play well enough to miss the game. We do not make excuses. The game was called pretty fairly and that is the way it is. So, we lost, we’re getting on the plane, we’re going home and we’re going to get ready for Game 7. No excuses, no complaining, no nothing.
This is a great series. If you win take your medicine, if you lose take whatever it is. All of the team that I have been on, you win you win, you lose you lose. But it is all about basketball. This thing is about the NBA. It is not about one person or one player, this game is global. They’ve got people all over the world watching this game. That is what this game is about. It is about the NBA, it is about a series with the 4 and 5 seeds, two Texas teams playing great basketball. One team is down 0-2, the other team comes back and wins three in a row, another team comes back and wins, now it is tied 3-3. That is what it is about.
"I don't think there's any doubt that he's taking some shots at me," Van Gundy said. "He can feel free to use my name. He doesn't have to speak around it."[...]
On Friday, a much calmer Johnson defended his statements, but added that what happens on the court is what matters in this series.
"So much attention was being drawn to a non-basketball issue than what was going on the court," Johnson said. "A lot of times when people read that stuff, it tends to sway their judgment.
"We just need to get the record straight, that it's 3-3, and these teams are really pouring their hearts out on the court."
Maybe, but Van Gundy said he was even more displeased with Johnson's comments, considering Van Gundy came to Johnson's defense when the Mavs coach was fined $10,000 for charging referee Joey Crawford after Game 1.
"I would have just expected more from a coach who -- after he did what he did -- I tried to support him."
Van Gundy said if Johnson did intend to make the pointed comments toward him, he certainly wouldn't be the first, and "he ain't going to be the last."
Johnson said he would personally see to it that any flap with Van Gundy is smoothed over, maybe as soon as today.
Van Gundy said he wished the two could resolve their differences behind closed doors.
"As another coach, I would think he would be a little bit more apt to understanding, just like when he went off after Game 1, you can make mistakes."
Van Gundy left it at that, kind of.
"He does what he thinks he should do," Van Gundy said. "My only point was, don't speak around it, speak to it.
"If you want to come at me, I understand that, because no one knows they screwed up more than I did."
"I was talking about something outside of basketball," he said. "So much attention was being drawn to a non-basketball issue. A lot of times, when people read that stuff, it tends to sway their judgment."By people, you can assume that Johnson means referees who may see it in the newspaper.
Johnson has been consistent in his post-game comments that officiating has not had anything to do with the outcome of any game in this series. He reiterated that Friday. His only concern is that what should go down as one of the great first-round series of all time might end up tainted by secondary issues.
"We need to get the record straight that it's 3-3 and these teams are really pouring out their hearts on the court," he said. "There's no team playing any harder than the other. Both are trying to survive and now everybody's in a must-win situation.
"This is a great series. You got two great teams. Two of the bigger cities in the United States. Everybody's watching. I think it's great basketball, great for the league. And I think that's what should be the focus – what's going on on the court."
For his part, Van Gundy has apologized for his original outburst, though it's somewhat mingled in with his response to Johnson.
"I'm truly sorry for using the word 'bias,' for bringing another person into it, for not thinking enough about the ramifications or implications of the word 'bias' and how it can affect the integrity of the league."I couldn't be more contrite about being sorry for those things. And yet, when it relates to him, I've done it for a long time. I made a mistake. As another coach, I would think he would be a little bit more apt to be understanding, just like when he went off after Game 1. You can make mistakes. Emotions can go overboard.
"I never meant to impugn the integrity of anybody, certainly not the NBA. No one has benefited more in life from the NBA than me. Professionally, really, I owe so much to the NBA. It's done so much for me. I tried to be a positive reflection. At times, I think I have. At other times, I think I made mistakes I think I've learned from (and) said I was sorry."
Finally, though Coach Johnson may want to focus on the games now, he's still thinking a little about other things.
Avery Johnson is looking for love from Mavericks fans after so many in Houston rallied to Jeff Van Gundy's side after he was fined $100,000 by NBA commissioner David Stern."You know what I'm disappointed with? Nobody volunteered to pay my $10,000 fine after Game 1," said the Mavs coach, who was hit for arguing with referee Joey Crawford as he left the floor. "Even my son, Avery Jr., I said, 'Man, you didn't offer to give me any money out of your piggy bank to help Daddy pay for his fine.'
"So I don't know what's going on and I've been in Texas longer than Jeff (Van Gundy). Nobody's offered to pay my fine. That's a shame, man. What is it, something about me?"
What a relief: It's safe to play "Louie Louie" after all.
Benton Harbor Supt. Paula Dawning reversed her decision Thursday after parents at McCord Middle School came out in support of the song."The school district operates in collaboration with the parents and based on them granting permission and the multiple versions of the song, the students will march in the parade and play 'Louie Louie,' " Dawning wrote in a statement.
[...]
Dawning expressed concern that the allegedly racy content of The Kingsmen's hit made it an inappropriate choice for the band to play at Saturday's Blossomtime Festival, even though the marching band was not going to sing it.
But band members and parents of McCord students complained to the Board of Education Tuesday that it was too late to learn another song in time for the festival, The Herald-Palladium of St. Joseph reported. In addition, many parents said they doubted the students even know the words to "Louie Louie," the newspaper reported.
By the way, just so there's no confusion: Despite my comment about this story bumping off the anti-cheerleader bill as Dumbest Story Of The Week, this little kerfuffle took place in Michigan. Texas is a big state, but it's not quite big enough (yet) to hold that much stupidity in it all at once.
Since we first heard the name "Jack Abramoff", there have been plenty of stories which have shown him to be a sleazy and unethical greedhead. You can add this one, which Steve compared to a "third-rate episode of The Sopranos" in forwarding it to me, to the growing pile. Here's a taste:
Not long after Abramoff and his partners bought SunCruz Casinos in September 2000, the venture ran aground after a fistfight between two of the owners, allegations of mob influence, dueling lawsuits and, finally, [SunCruz founder Gus] Boulis's death on Feb. 6, 2001. Now, Abramoff is the target of a federal investigation into whether the casino ship deal involved bank fraud. According to court records, the SunCruz purchase hinged on a fake wire transfer for $23 million intended to persuade lenders to provide financing to Abramoff's group.Although the outlines of the tale have become part of South Florida lore, what has not been disclosed are the full details of the alleged fraud at the heart of the transaction and the extent of Abramoff's role -- including his use of contacts with Republican Reps. Tom DeLay (Tex.) and Robert W. Ney (Ohio) and members of their staffs as he worked to land the deal.
The SunCruz story combines the South Florida of novelist Carl Hiaasen with the Washington of influence-peddling K Street: Thousands of pages of bankruptcy and other court records, along with dozens of interviews in Florida and Washington, reveal secret deals; a forged document; double-crossing partners; and socializing with government officials on a private jet, at the U.S. Open golf tournament at Pebble Beach, at a Monday night football game in a private box at FedEx Field, and at an exclusive party on Inauguration Day in Washington.
Some very sad news.
LA GRANGE — State Rep. Joseph Moreno of Houston was killed today when a pickup truck he was driving overturned on a highway.State Rep. Rafael Anchia of Dallas and a legislative staffer suffered minor injuries. Police said Moreno, 40, who was driving, apparently overcorrected after the truck slipped off the shoulder of the eastbound lane of State Highway 71.
The truck veered into the median and flipped several times, said Lawrence Roome, communications officer for the Texas Department of Public Safety Communications station in Pierce. All three occupants were wearing seatbelts.
Anchia and Monica Lisa Pinon, chief of staff to state Representative Joseph Pickett of El Paso, were taken to Brackenridge Hospital in Austin where they were treated and released.
Moreno, a Democrat, was first elected to the House in 1998. Anchia, also a Democrat, was elected in 2004.
UPDATE: The Chron story linked above has fuller coverage now. Rep. Aaron Pena remembers his friend.
UPDATE: More from Marc Campos and Stace Medellin.
UPDATE: More from Rio Grande Valley Politics.
I'd like to take a moment and thank Benton Harbor Superintendent Paula Dawning for officially dethroning Texas' Anti-Cheerleader Hoochie bill as the dumbest news story of the week. She did so by banning "Louie Louie" from the McCord Middle School band's repertoire because it has "allegedly raunchy lyrics".
Dawning said that if a majority of parents supports their children playing the song, she will reconsider her decision."It was not that I knew at the beginning and said nothing," Dawning said. "I normally count on the staff to make reliable decisions. I found out because a parent called, concerned about the song being played."
Thanks to Matt for the tip.
Here's a story about a boom in popularity of Mexican beer. Obviously, brands like Corona, Tecate, and Dos Equis are nothing new to folks around here. I've never been that big a fan of Corona myself - if I'm drinking a Mexican beer these days, it's a Dos Equis - and seeing that Anheuser-Busch has a big stake in them makes me feel better about that preference. Still, these really are all good beers to have when it's scorching hot outside, and if it weren't for Corona I'd have never realized that one can put a wedge of lime into a bottle of beer and get good results. Now if you'll excuse me, all of a sudden I'm thirsty.
Previously (here and here), I wrote about HB2893, which at one time called for the addition of RFID tags into vehicle registration stickers. That provision was removed, but via 100 Monkeys Typing and Corridor Watch, something else like it is either back or still in there. From the bill's text:
Sec. 601.507. SPECIAL INSPECTION CERTIFICATES. (a)
Commencing not later than January 1, 2006, the department shall
issue or contract for the issuance of special inspection
certificates to be affixed to motor vehicles that are inspected and
found to be in proper and safe condition under Chapter 548.
(b) An inspection certificate under this section must
contain a tamper-resistant transponder, and at a minimum, be
capable of storing:
(1) the transponder's unique identification number;
and
(2) the make, model, and vehicle identification number of the vehicle to which the certificate is affixed.
(c) In addition, the transponder must be compatible with:
(1) the automated vehicle registration and
certificate of title system established by the Texas Department of
Transportation; and
(2) interoperability standards established by the
Texas Department of Transportation and other entities for use of
the system of toll roads and toll facilities in this state.
Saturday is Election Day in San Antonio, and while there's been a lot of attention paid to the high-profile Mayoral race there, the ballot will also include some propositions that merit serious attention. Prop 1 is aimed at protecting the Edwards Aquifer by authorizing the city to acquire land or conservation agreements in the recharge zone, while Prop 2 adds 1/8 of a cent to the sales tax to buy land for parks. B and B and Just Another Blogger Matt run down the reasons to support these initiatives. Check them out.
By the way, I can't tell you how happy I am at the recent surge in San Antonio-based political bloggers. Mike and Sean-Paul have been around for awhile, but with only those two guys on the scene, the Alamo City lagged in comparison to the glut of bloggers in the Houston/Dallas/Austin axis. With B and B, Matt, The Jeffersonian, The Red State, SAElections2005 and BuddenBlog all now in the mix to go with them, San Antone is more like the player it should be. I'd still like to see this happen in some other cities - Fort Worth and El Paso in particular - but this is great progress.
It must be a slow day around here, because I'm just unaccountably amused by the following comment at Jack's place:
Cragg Hines is the Godzilla of liberalism at the Chronicle.
Sorry, Lottery fans. The proposal that was recently floated to allow lottery tickets to be sold online has been scotched.
Lawmakers, seeking ways to help fund the state budget, rejected a measure, 89-52, that would have raised as much as $275 million more a year by allowing the lottery to debut on the Internet.Passions rose in an unpredictably bipartisan fashion as lawmakers debated the virtues and vices of expanding gambling to pay for better education, health care and other programs that aid the youngest and most needy.
"Let's not allow the children to drown while we be holier than thou and say to them, 'Drown. We will save you in the afterlife,' " said Rep. Sylvester Turner, D-Houston, angered by lawmakers who said his gambling idea would hurt the poorest Texans most.
Turner's failed measure, prompting hours of the first gambling debate on the House floor this session, was among 46 ideas offered to reconcile the state's next two-year budget.
Been meaning to note a comment in this BOR post. No time like the present:
Good morning, my job as the Senate Democratic Caucus advisor included, in this case, helping to facilitate the Senators' signatures on the blocking petition. One clarification: all the Senators who were asked to sign the petition did sign the petition. Senator Armbrister wasn't available to ask, as he was presiding over the Senate at the time that Chairwoman Van de Putte gathered the Senate Democrats to discuss it. So, no villians here. Have a great day!
Well, to say "death of HB1706" may be premature. The ubiquitous Carl Whitmarsh forwarded an email earlier from Ed Martin which reminds us that dead bills can and sometimes do get resurrected as amendments to other bills. This one shouldn't be considered truly dead until the final sine die on May 30. I hope it's got a stake through it, but vigilance is still in order.
Here's the Chron story on Nick Lampson's offical announcement of his candidacy in CD22 for next year. Have I ever mentioned how annoying I find it when a story about one candidate is half filled with quotes from spokespeople for his opponent? Yes, I believe I have. Feel free to skip that and read the Galveston News and (even better) the Port Arthur News stories from just before his announcement. The AP wire story from the event itself is sufficient for that.
The one thing worth mentioning from the Chron story:
Houston City Council member Gordon Quan announced Tuesday that he's taking formal steps toward seeking the 2006 Democratic nomination in the 22nd, raising the possibility of a primary race against Lampson.
Well, at least Rockets owner Les Alexander is standing by his man, at least within the bounds of Commissioner Stern's temper.
"He's a tough guy," Alexander, the Rockets' owner, said admiringly. "He's always willing to battle as hard as he can. That's why the city loves him."[...]
"My concern is that I don't want to say anything that might cause more problems," Alexander said, also declining to discuss his conversation with Stern. "I called Jeff. In no way were his any of his actions meant to impugn the ethics of the league. He was making the point that big men in the league, all big men, are not treated the same way as smaller players.
"I've been associated with Jeff for almost two years. I have never known him to be anything other than completely honest. He said he didn't do it to impugn anyone at the league and I believe him 100 percent."
When asked his reaction to Stern's anger, threat and apparent determination to uncover Van Gundy's source, Alexander would not comment.Asked if he would advise Van Gundy to show more contrition about his comments, Alexander said, "If that is something I would do, I would not advise him in the newspaper."
In the meantime, at least JVG doesn't have to worry about his cash flow.
First, Houston Rockets center Yao Ming offered to pick up half of coach Jeff Van Gundy's $100,000 fine from the NBA.Now, Gallery Furniture store owner Jim McIngvale says he would like to pay the fine the NBA gave Van Gundy after the coach's accusation that officials are targeting Yao this postseason.
"I would be willing to pay the $100,000 fine that the NBA levied against Mr. Van Gundy because I just admire him for standing up for his employees," McIngvale told Houston television station KRIV on Tuesday.
McIngvale said he knows some will laugh at his offer and see it as nothing but a publicity stunt.
"I've got the $100,000 and I'm ready to pay it. I like coach Van Gundy because he does the right thing whether it's popular or not. I'm ready to pay it because he stood up for employees. I think it's great."
Eye on Williamson County has a great roundup of local news coverage of the anti-Trans-Texas Corridor rally yesterday. Be sure to also check out this post on his state rep's role in the care and feeding of the TTC.
I should have updated my earlier post to include a link to the Chron's non-wire coverage of the protest. Comptroller Strayhorn must have really been whipping them up.
"Perry and his hand-picked highway henchmen say we have a choice: no roads, slow roads or toll roads," Strayhorn said. "I say to Governor Perry and his highway henchmen: Hogwash. Vote our way today for freeways."Strayhorn, a potential challenger to Perry in next year's GOP primary, never personally called for the governor's impeachment or election defeat. But she fanned the flames of a crowd that mostly came from Wharton, El Campo and Fayetteville and obviously was already against Perry.
The yellow-shirted people at the rally were Republicans and Democrats, members of the Texas Farm Bureau and the Texas Farmers Union and average people afraid they will lose their land.
"No more Perry!" the crowd shouted, "Impeach Perry!"
The toll-road issue has the potential to take support away from Perry in rural areas. The rural vote was the cornerstone of Perry's base when he began his statewide political career as agriculture commissioner and campaigned for landowner property rights against government environmental regulations."It's not a critters, birds, bees, foxes, jaguars issue," Perry told a landowners rally near Austin in 1994. "It's about land control. You've got it, and the (federal government) wants to control it."
Yesterday, the Chron listed the ten worst intersections in Houston for accidents caused by red light running. Today, Anne notes a letter to the editor which points out that one of those intersections, Richmond and Dunlavy,is problematic because there's no protected left. This prompts Anne to ask about the others on the list.
Well, I used to live a stone's throw from Richmond and Dunlavy, and I now live not too far from the #2 entry, Waugh and D'Amico. That one almost doesn't count as an intersection, since D'Amico doesn't go through Waugh, it becomes an entrance to the parking garage for the American General office tower. And yes, there's no protected left from the D'Amico side (there is one on Waugh). I happened to drive by this yesterday, and saw a person trying to make a left from D'Amico sitting in the middle of the intersection while a stream of cars coming out from the AG tower turned right onto Waugh. Of course, since Waugh has three lanes on each side at that juncture, there's technically no reason why all these turns couldn't have happened simultaneously, but I guess no one remembers the bit from Driver's Ed where you're supposed to turn into the lane closest to you - certainly, none of the drivers I observed demonstrated any recall of that lesson.
Anyway. All that said, I don't think the lack of left turn signals is a big factor in the red light accidents. Most of those other intersections do have protected lefts. And look at the KTRK list, which is chock full of crossings that include highway service roads, almost all of which feature a green light for only one of the four directions at any time. I guarantee you the vast majority of those crashes are caused by people too impatient to sit through a second (or third or fourth) light cycle. Whatever the merits of red-light cameras may be, those are the people such cameras would aim to deter.
Having been caught with the wrong tape during Ken Rice's testimony in the Enron Broadband trial, the prosecution has to explain the error while underscoring the fact that the bit they cared about, in which EBS honcho Rex Shelby made false statements about the company, did exist and was intended to have been shown to investors. To do this, they've trotted out former Enron employee and video collector Beth Stier.
Beth Stier, who made and kept a multitude of videos for Enron and who is now working for Skilling's defense, was called by prosecutors to testify in U.S. District Judge Vanessa Gilmore's court. Videotapes she made have become an issue in the third week of the trial of five former Enron Broadband Services executives.It was Stier's company, which once depended on Enron for most of its revenue, that taped the January 2000 conference that's key to the government's case.
[...]
Stier testified Tuesday she taped the segment with Shelby and was irritated when it wasn't used. She said she inserted it into the final edited version of the conference at the request of Enron's investor relations department.
She said she gave the government the edited tape it used in court and the raw footage that caused the defendants to discover the Shelby segment was added after the fact.
But she said she never gave prosecutors another tape showing only the PowerPoint slides used at the conference. The government received that tape through the defendants.
Prosecutor Cliff Stricklin asked if Stier lied to prosecutors when called to their courthouse offices Sunday night to discuss the tapes.She said she "hedged" when asked about her relationship with Skilling's lawyer Daniel Petrocelli, whose law firm has paid her more than $150,000 for work related to Enron's library of videotapes she maintains.
Skilling is scheduled to be tried in January and is also accused of lying about the value of the Internet division.
Stier said she was vague with prosecutors. She said she apologized for the "hedging."
"You guys scare me to death. I do not want to lie to you," Stier told Stricklin.
As noted in this earlier post, the damage from the prosecution's use of the wrong video on Mr. Rice's direct examination could have been limited by the prosecution's forthright admission of its mistake. However, from the report of today's proceedings, the prosecution not only failed to adopt that approach, but inexplicably compounded the damage from its previous error by attempting to shift the blame to a frightened woman on the witness stand before a predominantly male jury. Such a major tactical blunder is a clear sign of a panicked prosecution.
I'm not surprised that the Harris County DA's office has asked the Texas Court of Criminal Appeals to overturn the lower court ruling that threw out Andrea Yates' conviction. It would have been a major shock had they not done so, especially given the friendly reception they're likely to get from the CCA. I wish there were more concern about justice and less about the scoreboard, but I can't say that such a thing is unique to Chuck Rosenthal, however little I may think of him. I certainly understand why Ginger is pissed about this, and I know I'll feel as vehemently as she does if the CCA cooks up another cockamamie rationale for excusing anything the prosecution does, but for now I'm choosing to remain optimistic. Maybe this time the system will work as advertised. Stranger things have happened.
Dwight points to this story about the battle over free municipal WiFi elsewhere in the country. HB789 and its ilk are popping up in state leges all over the country, and the telcos are duking it out with the cities that want to invest in the new technology.
I suppose I'd have more sympathy for the telcos if their track record weren't so abysmal. The reason I have a cable modem and not DSL is that when we moved into our new house three years ago, DSL was not available in my area. I don't live out in the far-flung suburbs - I live less than two miles from downtown, but my (former) ISP couldn't provide the service to me, and Southwestern Bell couldn't tell me when the infrastructure would be in place. Yes, that was 2002, but c'mon. DSL was not brand new at that time. I knew plenty of people who'd had it for awhile, including two who lived less than a mile from me. If DSL access was so spotty in the heart of Houston, then what hope is there for the little towns in rural Texas?
That article had a link to this piece about the plans that the telcos have to compete with cable TV once they're allowed to do so. That's what the fuss (and the TV ads) about HB3179 is about. I admit I'm curious as to what a non-satellite competitor to Time-Warner Cable would look like, but I think they'll have a hard time gaining traction in this market. Not so much because people dearly love their local cable company, but because of inertia. I have a setup that works and that isn't too expensive, so you've got some hurdles to clear just to get me to listen to your sales pitch in the first place. It'll take a really good deal to make me risk mucking around with what I've got. I put a high cost on inconvenience and downtime, and I bet I'm not alone in that.
That said, I do think the telcos would have a decent chance to succeed in the TV-delivery market if they're given a chance and they're willing to take the time and money to give it a fair shot, and I do think that service and cost to consumers would improve as a result. I'm just not sure that HB3179, with all its lard and with the (in my opinion legitimate) concerns that TWC has raised about coverage, PEG channels, and right-of-way fees, is the way to let them in.
The protest against the Trans-Texas Corridor, which I noted previously, took place as planned, with an interesting cheerleader getting out in front.
Farmers and ranchers flocked to the Capitol on Tuesday with their sights set on stopping Gov. Rick Perry's Trans-Texas Corridor, a huge highway project that rural landowners say will gobble up their property.Comptroller Carole Keeton Strayhorn – one of Mr. Perry's potential Republican opponents in 2006 – joined the angry rally and called the governor's associates "land-grabbing highway henchmen."
"Governor Perry and his Department of Transportation want to cram toll roads down Texans' throats. He calls it Trans-Texas Corridor. We call it Trans-Texas Catastrophe," she said.
A spokesman for Mr. Perry watched the rally and chastised Mrs. Strayhorn for criticizing toll roads. He cited records showing her support for them in the past and said those who criticize should offer their own solutions."Would they raise the gas tax by one dollar? ... Would they expand I-35 through our cities, which is some of the most expensive real estate in the state? Or would they do nothing and continue to allow congestion to increase?" asked the spokesman, Robert Black.
Republican and Democratic legislators addressed the rally, urging that limits be placed on the corridor plan."The government is out of control. They're trying to take our property rights away from us," said Rep. Harvey Hilderbran, R-Kerrville.
Some in the crowd identified themselves as conservative Republicans and said this was the first political rally they'd ever attended.
"I already wrote a note to his e-mail and said he needs to be run out of town on a rail. But that's too good for him," said Betty Meischen of Austin County.
Ms. Meischen said one proposed corridor road would divide the 160-acre farm that has been in her family for generations.
Cattle rancher Leroy Bacak of El Campo and his wife, Laverne, said they have two pieces of property totaling 250 acres. One corridor proposal could place a major highway between the two, preventing the movement of ranch equipment back and forth, Mr. Bacak said.
As of noon today, Nick Lampson will be an official, declared candidate for CD22 in 2006. His press release, which notes his family's ties to the Fort Bend area, is included beneath the fold.
UPDATE: Here's the WaPo coverage of Lampson's announcement, which has so far gone unnoticed by the Chron.
UPDATE: Greg comments on the money that may get spent on this race and the hometown-versus-outsider dynamic that it may take.
LAMPSON TO FILE FOR CONGRESSIONAL RACE
(STAFFORD) -- Nick Lampson, whose public service career spans the range from local government to the nation's capitol, will make his campaign for the U.S. Congress official on Wednesday by filing the required papers from his family's longtime headquarters in Stafford.
Lampson will be available to the media at 12:00 p.m. noon on Jebbia Lane, a street named after his mother's family, who helped settle the area as okra and cotton farmers.
Wednesday, May 4
12:00 pm
12710 Jebbia Lane
Stafford, Texas 77477
Directions from Houston:
Take U.S. 59 (Southwest Freeway) South to Sam Houston Tollway South
Exit tollway at W. Airport Blvd.
Turn right on W. Airport Blvd. for 0.8 miles
Turn left on Jebbia Ln
House is on the right.
Looks like our Lite Guv is a tad bit touchy about criticism of the Senate tax plan, at least from certain quarters.
"There are a lot of lobbyists running around the Capitol today that are interested in protecting special interests and loopholes in the [tax] law," Mr. Dewhurst said. Noting that five of six businesses don't pay the state's current franchise tax, he added, "That is called a loophole."[...]
Lobbyists insisted, before the Senate Finance Committee, that that would increase businesses' overall tax burden. The contention prompted the normally calm Mr. Dewhurst, along with Finance Committee Chairman Steve Ogden, to lash out.
To make his point, Mr. Dewhurst cited a prominent Houston law firm that blasted the Senate tax plan Tuesday. The firm, he said, makes more than $200 million a year – or $650,000 per partner. Under the Senate plan, each would be required to pay $6,000 to $8,000 a year.
"What good Texan is going to have heartburn over them paying $6,000 to $8,000 a year on income of $650,000 to improve the education of our youngsters?" he asked.
Thank goodness...Via Latinos for Texas, eleven Democratic Senators have signed a petition saying they will not vote to allow the Senate companion to Mary Denny's HB1706 to the floor, thus killing it for this session. The Quorum Report (Word doc) has the text of their statement, with Sen. Rodney Ellis echoing a few points you've read here. Rep. Aaron Pena notes that HB1706 had passed on its final reading by a relatively slender 78-67 margin, while Karl-T speculates (most likely accurately) that the 11 Democratic Senators did not include the DINO Ken Armbrister. Finally, Sarah notes the lone bit of good news from the Elections Committee, the approval of Rep. Pena's HB166, which would require a paper audit trail on electronic voting machines. I don't expect that to become a law, but at least it wasn't strangled in the crib like HB1348.
Since my last post on HB1706 generated so many comments, let me reiterate why I have been so shrill about it. Beyond the insulting comparison of voting to renting a video, there's the simple fact that HB1706 would have done nothing to prevent any of the problems that we know occurred in 2004. Go back to the Hartnett report on the Heflin challenge. The three main classes of disqualified voters were as follows:
1) Voters from Fort Bend County casting ballots in Harris County's HD149;
2) Voters from other State House districts within Harris County casting ballots in HD149, and;
3) Voters who turned out to have erroneous voter's registration applications.
In the first two instances, what we had was voters who were poorly served by their registrars, by their County Clerk, and/or by their local election judges. These were not cases of false identification, they were cases of mistaken voting location. If any of these voters had brought their driver's license, birth certificate, passport, and a DNA sample along with their voter's reg cards, they'd have been allowed to vote where they did just as they actually were. They were who they said they were, they were just in the wrong place because someone along the line didn't tell them otherwise. The people in the last group did things like forget to check the "I am a citizen" box, or failed to return their form on time. Again, extra identification would not have changed their status on Election Day.
Even the one case of genuine fraud that was uncovered in this election would not have been ameliorated by extra identification. Had it gone according to plan, the voters who were re-registered without their knowledge would have shown up in HD149 on Primary Day and then told to go to a precinct in HD137, where they would have cast ballots with their validly-informed voter's reg cards and their driver's licenses with matching names and addresses. Their identity would have been right; it was the County Clerk's voters roll that was supposed to have been wrong. They would have been happily waved through under Mary Denny's rules, since once again they were who they said they were, they just wouldn't have been where they were supposed to be.
The one scenario that Mary Denny keeps talking about is dead people voting. Assuming this sort of thing happens, isn't it the job of the County Clerk and/or Tax Assessor to ensure that the voter's roll is compared to the Social Security database and purged of those who no longer walk this Earth? Shouldn't we be working to make it easier for them to do their jobs if this is what concerns us? If dead people can't get registered, they can't vote anyway. Why aren't we attacking the problem where we can make the biggest difference?
And let's be honest here. Nobody's going to try to sway an election by generating a bunch of fake voter reg cards, which will then have to be handed out to a bunch of volunteers with instructions to vote often in different locations on Election Day. Too many moving parts, too little bang for the buck, too much chance of getting caught. If you're going to fix an election, you're going to do it the old-fashioned way, like they did with LBJ's infamous Box 13: You're going to bribe or blackmail an elections official to do it, assuming you yourself aren't that elections official. How else can you be sure that you've done enough to make a difference? How else can you keep the number of conspirators to a manageable amount? And how are more stringent ID requirements on voters going to affect you? Answer to that last question: Not a damn bit.
So Mary Denny's bill wouldn't have prevented any of the problems that affected the Heflin-Vo race, and it wouldn't do anything to curb real election fraud. What would it do? The one thing we can say for certain it would do is ensure that fewer people vote. Some people won't know any better and will show up on Election Day with insufficient identification. They'll be placed into Provisional Voter purgatory, and unless they take the extraordinary step of making a separate trip to the County Clerk's office to prove they are who they say they are, their vote won't count. Some people will know better and will stay home because they don't have a driver's license and think they can't vote without one. And some people will find themselves stuck on a longer line than they expected, since elections judges now have more work to do, and will give up and leave before they get to the front. All that, without any actual fraud-fighting benefit.
So yeah, this bill sucked and it deserved to die. And if I've been a little strident in my rhetoric about it, I hope this clarifies my reasons.
So there's another poll of CD22 which shows Tom DeLay's approval numbers are in the drink:
SurveyUSA asked 548 registered voters in the 22nd congressional district several questions about the embattled republican's performance.In general, do you approve or disapprove of the job Tom DeLay is doing as Congressman?
51 percent disapproved
42 percent approved
7 percent were not sureWhat letter grade would you give Tom DeLay for his job as congressman? An A, B, C, D, or an F?
A: 23 percent
B: 19 percent
C: 18 percent
D: 16 percent
F: 22 percent
Not Sure: 1 percentBased on what you know right now, do you think Tom DeLay should remain in his position as House Majority Leader, he should resign as House Majority Leader but remain a member of Congress, or do you think he should completely resign from Congress?
39 percent: Remain House Majority Leader
21 percent: Resign Leadership
36 percent: Resign From Congress
4 percent: Not SureThe poll had a margin of error of 4.3 percent, pollsters said.
I think the question is whether the drumbeat against DeLay will continue. Now that the Ethics Committee, with its roster of DeLay toadies, is back in business, will they take action against him? Even if they try, will they be hamstrung by the FBI investigation into DeLay cronies Abramoff and Scanlon? If DeLay is no longer a regular news item, or if the Ethics Committee finds a way to clear him for his lobbyist-paid travel, will constituents who may be giving negative answers to pollsters now forgive and forget? Or is he damaged goods forever? These polls are nice now, but they'd be much nicer in another 16 or 17 months.
UPDATE: Time Magazine has a poll which claims DeLay's name recognition countrywide is at 77% (via The Stakeholder). He's also now regular fodder for political cartoonists. Keep up the good work, Tom!
And now the Senate has unveiled its grand taxation plan, which differs in a number of respects from the House plan and which may have some difficulties because of that.
The Senate tax package, which would go into effect July 1, includes a half-cent per dollar increase in the state sales tax, which would boost the total sales tax rate in Houston to 8.75 percent. The House has approved a one-cent increase.The Senate plan also would increase taxes on motor vehicle sales and rentals and boat sales by a half-cent per dollar to 6.75 percent; increase the state cigarette tax by 60 cents per pack and all other tobacco taxes by 25 percent; and increase all excise taxes on alcohol — including the mixed beverages gross receipts tax — by 25 percent.
The bill includes a new, broad-based business tax that is significantly different both from what the House approved and what was outlined last week by some senators.
The new "reformed franchise tax" would apply to all forms of businesses except sole proprietorships. The current franchise tax applies only to corporations, and many corporations don't pay it because of loopholes.
The new tax rate of 2.5 percent would be based on a company's taxable income and one-half of its payroll. General partnerships with gross receipts of $300,000 a year or less would be exempt, and so would other businesses with less than $150,000 in annual gross receipts. The current franchise tax rate is 4.5 percent.
Lt. Gov. David Dewhurst said the measure would "create a level playing field (for business taxes) with no loopholes."
Which leads to the Whine of the Year:
But the plan promptly drew fire from Bill Allaway, president of the Texas Taxpayers and Research Association, a business group, who said the measure would force businesses to pay more in higher state taxes than they would realize in property tax relief."We like the House version better," he said.
Anyway, I've noted before that the Senate is less ambitious in its property-tax cutting than the House is. Its plan to create a statewide property tax, plus its removal of the choose-your-own-business-tax option, will certainly make for some fun times in the joint House/Senate committee that will ultimately have to work out a final version of this sucker. And there's still the infamous Donut Tax (not in the Senate plan), the Beer Tax (in the Senate plan but not the House plan, as I'm sure the sudden opposition will note), and the Cigarette Tax (different in the two plans) to bicker over. Did I mention that the session ends on May 30? Not a minute too soon, if you ask me, but until there's a budget that clock will be ticking very loudly in Austin.
More commentary on the budget comes from Houtopia and In the Pink. On the plus side, now that all this budget silliness is temporarily out of the way, we can get down to the real work of debating HB1476, also known as the Anti-Cheerleader Hoochie Bill. PinkDome will be there to bring you the, ah, blow-by-blow account of that debate.
Rockets coach Jeff Van Gundy is $100,000 poorer today after getting fined by the NBA for his comments about refereeing in his team's playoff series.
The powers that be told the Houston Rockets' head coach to stop making an issue of the additional scrutiny on center Yao Ming by referees. Van Gundy didn't.In return, the league slapped Van Gundy with a $100,000 fine — the largest levied against an NBA head coach — for comments he made Sunday about the pre-game process of determining "points of emphasis" for referees.
[...]
"I just said what I said," Van Gundy told reporters before Game 5 on Monday night. "I believe what I believe, and I've seen what I've seen. They have to do what is right. And if they think that's what's appropriate, and I should be fined the largest in history for that — that's the worst thing that's happened in the NBA in the coaching perspective — so be it."
[...]
NBA Commissioner David Stern, who was at American Airlines Center for Game 5, said Van Gundy's fine was especially stiff because he refused to cooperate with the NBA's investigation and because of comments that Stern said "set a new low."
When asked by league officials for the identity of his informant, Van Gundy refused to reveal his source, and that, according to Stern, is a violation of Article 24 of the NBA bylaws.
"It's just inappropriate," Stern said. "He was penalized for it. We'll see where we go from here.
"There were a lot of things that were done by innuendo but had the effect of using names. We're not going to tolerate it. We're not through with the affair yet. But for now, a $100,000 fine is a good intermediate step. The investigation is not closed. (Further discipline) is possible.
"If he's going to say things like that, he's not going to continue in this league. We're going to have to see. If the attitude reflected by those comments continues to be reflected publicly, he's going to have a big problem with me so long as I'm the commissioner." Stern said.
Via the Texas_Kos mailing list, I see that there's another contender for the Democratic nomination for Senate in 2006, Juan Garcia, a former Lt. Commander in the Navy from Corpus Christi. I'd heard of him before - Andrew D had mentioned him as a potential challenger to State Rep. Gene Seamon - but beyond that and the short biography that are currently on his page, I know nothing about him. I presume that he'll be making a trip to Houston sooner or later, and when he does I'll make an effort to meet him. In the meantime, Lt. Cmdr. Garcia or anyone from his campaign is welcomed and encouraged to drop me a note.
Now we need to start getting some folks interested in running for Lt. Governor, Comptroller, etc etc etc...
It's a dark day for democracy in Texas.
A voter registration card would be rendered meaningless under legislation the House approved Monday that would require voters to present identification at the polls.Voter registration would still be required, but the card itself – largely used by elderly residents, homeless people and out-of-state students in lieu of ID – would no longer exempt a voter from having to present a driver's license or state ID card at the voting booth.
Lacking those, a voter could present two forms of nonphoto ID. And a voter could still cast a "provisional ballot" that would only be counted if that voter showed up in county offices with identification within five days."When people feel that their vote can be stolen from them, we need to take every precaution," said Rep. Mary Denny, R-Aubrey, chairwoman of the House Elections Committee and sponsor of the so-called Voter ID bill. "We're not trying to intimidate anyone; we're just trying to make sure we safeguard every voter's votes."
The House approved the measure, 83-63, with most Republicans supporting it. It still must pass the Senate.
Democrats tried for two hours to weaken or kill the bill, calling it "a modern-day poll tax" and "a systematic effort to suppress the vote."
State leaders said it was part of a national effort by the GOP to disenfranchise mostly Democratic voters. About 20 states have passed legislation in the last few years requiring some photo ID; minority groups have vowed court challenges.
"This invalidates what has been years ... of Texans bringing their voting certificate to the polls ... and the byproduct is they'll be disenfranchised," said Rep. Rafael Anchia, D-Dallas, a leading opponent. "It would be harder to vote in Texas than it would be to vote in Afghanistan and Iraq. We're trying to promote democracy, but we're hurting democracy in the state of Texas."
An attempt to require county elections officials to verify that the provisional ballots were not legal – rather than requiring the voter to make an extra trip to county offices – was soundly rejected.
Much of the discussion focused on whether the right to exist without an ID and still vote was more important than the government's ability to double-check the legality of votes.
House Republicans argued that identification is already required to drive a car, rent a movie and get on an airplane.
"It is so difficult in this day and age to understand how anyone does not have some form of photo ID or two forms of nonphoto ID," Ms. Denny said. "You cannot get along in this world and not have identification to show who you are."
But Democrats countered that homeless people, the elderly and first-generation immigrants rarely do those things – and yet may still have the right to vote."The state's obligation is to ensure that every registered voter is allowed to vote, and no one is allowed to vote more than once," said Rep. Mark Strama, D-Austin, who worked on MTV's Rock the Vote registration project before he was elected. "Wouldn't you agree that we ought to err on the side of inclusion?"
In the Pink was there for the early testimony on this stinker. You could see from the beginning that the fix was in. PinkDome asks "Where the hell is voter outrage over this measure?" I'm doing my best, dude. I'm doing my best.
Oh, and by the way, the committee also officially killed HB1348. Quite a nice day's work for Mary Denny, no? Once again, PinkDome is there.
Pete McCloskey, a former Congressman from California, was in town this weekend to scope out a primary challenge to Tom DeLay.
He met Sunday with Michael Fjetland, who was defeated by DeLay in Republican primaries in 2000 and 2002 and as an independent in the 2004 general election.McCloskey is one of nine former congressmen who have formed an informal group he called the "revolt of the elders," to oppose congressmen who they think are guilty of ethics violations.
"Nobody can come into a Texas district and tell the voters who to support," McCloskey said.
But, he added, that just as DeLay raises money from outside the district, his opponents in the next election will also probably get national support.
Fjetland, 55, a lawyer from Missouri City, said he is forming a committee to see if he can gather enough support to take on DeLay in the primary.
He will decide in a couple of months if he will run, Fjetland said.
"If DeLay is ever going to be defeated, this will be the time for it," Fjetland said.
"The people in the 22nd District are tired of his arrogance," he said.
Remember that defense claim from Friday in the Enron Broadband trial that a videotape shown by the prosecution was never shown to stock analysts? Well, it turns out the defense was right.
Watching two videotapes simultaneously today, jurors in the Enron Internet trial learned that prosecutors previously presented an inaccurate version of a stock-analyst conference that's key to the government's case.While ex-CEO Jeff Skilling could be seen talking in unedited raw video from the actual January 2000 conference that's at the heart of the criminal accusations, next to it the government's edited evidence tape instead cut from Skilling to show one of the defendants addressing the conference.
The prosecution's star witness, Ken Rice, testified today that he now realizes the government showed him something other than the actual conference tape. The former CEO of Enron Broadband Services said that led him to incorrectly testify that the controversial segment from defendant Rex Shelby was shown to analysts at the conference.
Prosecutors had introduced the video, with the brief Shelby segment included, to support their claims that executives lied to analysts about the capabilities of EBS' technology at the conference to inflate the company's worth. The stock price rose within a day of the conference from $54 a share to $72 a share.
Rice said he'd seen the government's video before testifying. When prosecutor Ben Campbell showed it to him in court Tuesday, Rice testified then that he was surprised that Shelby was talking about the network operating system as up and running when it wasn't.
[...]
In questioning from defense attorney Tony Canales, Rice said he knew Shelby had taped the segment in question and that it was slated to be shown to the analysts.
Rice told Canales he thought about this a lot of over the weekend and even talked to his Washington, D.C.-based lawyer about whether he'd been shown the wrong tape and convinced himself he did see the Shelby segment shown at the analyst conference.
[...]
"It's very serious when the government offered something in evidence that turns out to be phony," said Mike Ramsey, the lawyer for ex-Chairman Ken Lay. Ramsey and Skilling's lawyer Daniel Petrocelli have been in court watching the Rice testimony, which could be repeated in their clients' trial next year.
Ramsey said the government has all the raw footage of the conference and it "knew or should have known that their edited version didn't match reality."
Prosecutors haven't yet explained how the false information got before the jury. They are expected to call a witness to the stand who supplied the edited tape to the government with the Shelby segment in it.
Tom has this story as well, and he thinks the prosecution can clean things up on redirect by admitting they goofed and getting witness Rice to reaffirm what he'd said before. Nobody's perfect, and there's plenty of other evidence to go around, right? I'm sure that's approximately what they're hoping. I'll be very interested to see how it plays out. Stay tuned.
The latest Arbitron ratings for Houston radio stations are in: Former rocker KLOL went from #17 in Houston with a 2.3 share to #7 with a 3.6. And that 2.3 was a dip from 2.8 in the previous report. Any more questions about that format change they underwent?
By the way, replacement rocker KIOL came in with a 1.8, tying it for 21st place with the increasingly lame erstwhile 80s station KHPT. That was a big jump for KIOL, though it's still a ways below KLOL's low-water mark. I'd guess that their still-flaky signal and the general lack of advertising about their format switch has depressed their ratings a tad. We'll see if they do any better next time.
For whatever reason, by the way, KACC was not included in this list. Either they don't bother with non-commercial stations, or not enough people listen to KACC to register on the Arbitron scale. If the latter is true, it's surely a shame. Thanks to Banjo for the link.
In case you missed it over the weekend, the monolith Clear Channel has spun off its concerts division and has put up a portion of its billboard business for sale.
On Friday, Clear Channel Communications announced that it is giving up ownership of Houston-based Clear Channel Entertainment, spinning it off as a separate publicly traded company no longer owned by Clear Channel. Also, Chief Executive Brian Becker has stepped down.The San Antonio-based parent company, which also reported Friday that its profit fell by more than half in the first quarter as its plan to shorten ads and commercial breaks during programs dragged down revenue, said it was also launching an IPO for 10 percent of Clear Channel Outdoor.
"In my opinion, Clear Channel paid way too much money for SFX Entertainment," said Louis Messina, owner of the Houston-based national concert promoter the Messina Group and, with Allen Becker, the co-founder of Pace Concerts.Pace Concerts was purchased by SFX, which, in turn, was acquired by Clear Channel.
"Brian Becker did a great job for what he was handed, and no one could have done better," Messina said of Allen Becker's son.
Having paid a steep price for SFX, Clear Channel needed to grow the business, but it went about it the wrong way, Messina said.
It tried to control the business, and it backfired, because the concert business is built around the artist, he said.
"The bigger you get as a company, the more dependent you are on the artist," and the artists knew it, and they held out for "premium plus" performance fees, Messina said.
Steep fees were passed on to concertgoers, and consumers eventually "stayed away in droves," he said.
Though the article notes that the concert business overall has been in a slump since 9/11, I don't really have a feel for whether the problem here was poor ticket sales at concerts or poor management of same. I know that I haven't been terribly impressed with the performance calendars lately, and I can't say I recall a whole lot of decent promotion of worthy concerts on Clear Channel stations back when I was listening to them more regularly (have I mentioned lately how much I love KACC, even when its signal is lousy?), so I'm sure there's plenty of fault to go around. However you slice it, they sure didn't get the most out of their vaunted vertical integration of radio stations and concert venues.
On a somewhat related note, Jim Henley points to this article about the decline in alternate-rock radio:
In the last four months, radio executives have switched the formats of four modern-rock, or alternative, stations in big media markets, including WHFS in Washington-Baltimore area, WPLY in Philadelphia and the year-old KRQI in Seattle. Earlier this month WXRK in New York discarded most newer songs in favor of a playlist laden with rock stars from the 80's and 90's.Music executives say the lack of true stars today is partly the reason. Since rap-rock acts like Kid Rock and Limp Bizkit retreated from the scene, none of the heralded bands from recent rock movements, be it garage-rock (the Strokes, the Vines) or emo (Dashboard Confessional, Thursday), connected with radio listeners or CD buyers the way their predecessors did.
This sudden exit of so many marquee stations has not only renewed the perennial debate about the relative health of rock as a musical genre, but it also indicates that the alternative format, once the darling of radio a decade ago, is now taking perhaps the heaviest fire in the radio industry's battle to retain listeners in the face of Internet and satellite radio competition. Many rock stations may be in for another blow when the shock jock Howard Stern departs for Sirius Satellite Radio next year.
Now that the Mavericks have seized home-court advantage back from the Rockets (for what it's been worth so far this series), Rockets coach Jeff Van Gundy is looking to get the edge back for his team. Could it be in how Yao Ming is officiated?
Van Gundy said he had been tipped by an NBA official that the league had ordered its referees to treat Yao differently than other players, a charge Van Gundy said his review of game tapes has confirmed."When you review his fouls, he looked — you've got to give Mark Cuban credit," Van Gundy said. "They said it on TNT last night. He's been calling and calling about Yao. You've got to give the guy credit. He's taken a lot of fines in his time. He's been on them hard. He's gotten the benefit.
"Before Game 3, I got a call from another official in the NBA who's not in the playoffs that I've known forever, and he told me they were looking at Yao harder because of Mark's complaints. It proved prophetic, really, the last couple games. I didn't think that really worked in the NBA, but in this case it has."
Cuban, who described Van Gundy as an "amazing coach," said the Mavericks have asked the league to review examples of Yao and Dikembe Mutombo setting screens but that the Rockets' centers have actually gotten away with fouls that have not been called against them.
"That's crazy," Cuban said of Van Gundy's charge. "It's also an insult to officials. They don't officiate individual players differently. Did he notice that Damp (Erick Dampier) has gotten two quick fouls in every game and has been limited by foul trouble? Has he ever looked at Shawn Bradley's fouls per minute? They both seem to have the same type of fouls called on them.
"I will tell you what we did do, and I can tell you it has had zero impact on the officiating of the games. We sent in a list of what we thought could be moving screens on Yao and Dikembe from a game in the series. We wanted clarification from the league if our assessment of what was going on was correct. The league came back and told us of the 28 that we turned in from this game, nine were actually moving screens and should have been called but were not.
"We have the same type of examples from every game in the series. So if anything, he has it completely backward."
For what it's worth, while the 1994 Rockets are one of two teams to win a series after losing the first two games at home, the 1995 Rockets won Games One and Two in the Western Conference Finals against the Spurs in San Antonio, then blew Games 3 and 4 at home. They went on to win Game 5 on the road, and then finally closed things out by getting the first and only home win in Game 6. I'm trying to keep that in mind as tonight's matchup approaches.
Lost in the shuffle last week was the official death (for this session, anyway) of any plans to name a highway for Willie Nelson.
Facing opposition in his bid to name a Travis County chunk of Texas 130 for legendary crooner Willie Nelson, Sen. Gonzalo Barrientos today dropped the proposal from further consideration.Bottom line: Sens. Florence Shapiro and Jeff Wentworth pulled Senate Bill 802 from the Senate’s Local and Uncontested Calendar, and Barrientos decided against facing a fight to get it passed on the Senate’s regular calendar.
Earlier, Wentworth, R-San Antonio, and Sen. Steve Ogden, R-College Station, had opposed the bill and forced Barrientos to remove all but the portion of the highway in Barrientos’ district from bearing Nelson’s name.
Ogden’s district includes the northernmost 17 miles of the new highway, and Wentworth’s covers the southernmost 1.5 miles.
Their problem: Nelson’s dope-smoking past, history with tax troubles and liberal politics.
“I never expected naming the road after Willie Nelson, a man with so many accomplishments and such broad-based appeal, a man who has been responsibe for so much good music and so many good works, to be at all controversial,” Barrientos said.
At one point, Barrientos had 23 of the 31 senators listed as co-authors.
“It’s frustrating and sad, in a way, but at this point there is no reason to make this an unpleasant experience for anyone, especially Willie, so I’ll take no further action on the bill.”
The highway, part of the Central Texas Turnpike Project, is slated to open in late 2007.
For his part, Wentworth said it was Barrientos’ decision to drop the bill. But he said he offered to drop his opposition if Barrientos changed it to honor someone who had something to do with the road — like former congressman Jake Pickle, a Democrat.
“This is not a R or D issue, never has been,” Wentworth said. “Naming highways for someone who didn’t have anything to do with them is not right.”
Look, as I said before, I don't care about what roads are named after whom. But if we're going to give names to perfectly-functional numbered roads, then like Sen. Barrientos, I just don't see what the problem is with Willie Nelson. Who in their right minds thinks of him as anything but a great musician and iconic Texan? What else would come to mind as you drove down the Willie Nelson Highway? Willie, you deserved better than this. Maybe next time.
UPDATE: In case you want to know what highways are officially named for whom in Texas, here you go. If anyone wants to explain to me what Nolan Ryan and Tom Landry had to do with the thoroughfares that bear their names, by all means please do. Thanks to John for the tip.
I had forgotten that Mark Cuban was the Executive Director Producer of Enron: The Smartest Guys In the Room. I remember noticing it in the credits when I watched it, then promptly forgot about it. Anyway, the flick has been racking up good reviews, and Cuban is pretty justifiably pleased about that. (He can now add Roger Ebert's thumbs-up to go with the one they got from Richard Roeper, by the way.)
Anyone else seen this yet? What did you think about it?
UPDATE: Oops. Fixed what Mark Cuban actually did for this movie. Thanks, Dwight!
Yesterday's Chron noted that the Senate Education Committee approved a school finance reform plan which (as previously noted) include a less-ambitious property tax cut than they first hoped for. Buried deep in the story is this disquieting bit:
Senators continued to struggle to write a tax bill to pay for the property tax cuts and new school spending. Some Democratic senators have balked at proposals to raise the state sales tax while Republicans are splitting over a new business tax.[Sen. Kyle] Janek said he supports higher sales taxes but isn't yet sold on a business tax. The tax bill, which also is expected to include higher cigarette and alcohol taxes, is scheduled to be debated next week in the Senate Finance Committee.
I have to admit, I had hoped for better from the Senate. The plan they proposed for school finance in 2003, while not what I would have chosen, was at least serious about ensuring that the tax burden was spread around to as many people as possible. They seem to have backed off of that approach, however, and so we just get more of the let's-tax-this-or-that-subgroup approach, where beer, cigarettes, lap dances, bottled water, boat sales, haircuts, and assorted other disjointed items get singled out. Which of course makes it easier for these picked-upon subgroups to challenge the proposed levies against them as being unfair.
I guess I could still be wrong, since they're still working on the actual package. I doubt it, though, and as such I'll bet we'll be right back in this position next time around. Nice going, folks.
Those of you in Austin may want to take note of a rally being planned for Tuesday, May 3, to protest against the Trans-Texas Corridor. From my Inbox:
RALLY IN AUSTIN
Tuesday, May 3rd
11:00am South Steps of the CapitolPROTESTING THE TRANS-TEXAS CORRIDOR / SUPPORTING HB-3363
500 or more are expected to gather Tuesday morning on the South Lawn to voice objections to the Trans-Texas Corridor and the conversion of free state highways into toll roads. Participants will arrive from rural and urban counties across Texas.
JOIN US - WEAR YELLOW TO SHOW YOUR SUPPORT
County Judges Ed Janecka and Evan Gonzales will represent the concerns of twenty counties that have adopted formal Resolutions opposing the Trans-Texas Corridor.
A growing number of voters share very serious concerns about the Trans-Texas Corridor and the horrific impact it will have on our state. We have members in 149 counties and we are urging all of them to rally in Austin on Tuesday. We sincerely hope the legislature will listen to the people of Texas, delay the Trans-Texas Corridor project, and provide the opportunity for real public input and discussion.
We urge support of House Bill 3363, a bill that will place a two year moratorium on the Trans-Texas Corridor and free road to toll conversions; and, House Bill 1273 and House Bill 1794, which modify the scope and scale of the Trans-Texas Corridor.
Citizens Against the Trans-Texas Corridor
Heidi Ullrich, 512.585.3110, [email protected]CorridorWatch.org (fax) 512.828.6494
Linda Stall, 512.784.6539, [email protected]
David Stall, 512.791.4628, [email protected]
It's official: Texas has icons galore
The state bird? OK, that's an easy one, the mockingbird. The state flower? The bluebonnet, of course. But what about the state flower song? Or the state dinosaur? Those may have been left out of your elementary education.Each legislative session, constituents lobby their lawmakers to file resolutions creating new state symbols everything fromas varied as the state pastry to and the state folk dance.
This year, resolutions already have been debated to make the chuck wagon the official vehicle, the Dutch oven the official cooking implement and the purple sage the official native shrub. Why the native shrub, you ask? Well, the crape myrtle, the original state shrub since 1997, isn't from Texas.
"It's kind of like we're going to have the state brick and the state ant, and we really probably need to vet those a little bit better," said Sen. Robert Duncan, R-Lubbock, a co-sponsor of the chuck-wagon resolution.
While the Dutch oven and chuck wagon have been passed by the Senate, and the purple sage has been approved by the House, many others are still waiting to be debated.
To become official, the legislation must pass through both chambers and be signed by the governor.
I'm not a golf fan, but if you are, you should check out Texas Golf, a blog devoted to (you guessed it) golf in Texas. Even if you're not, do read this post about the development of a PGA Village on the Edwards Aquifer recharge zone, which involves a sweetheart deal and a special tax break that passed through the Lege under the radar. Good stuff there, so take a look.
