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Precinct analysis: Brazoria County

Introduction
Congressional districts
State Rep districts
Commissioners Court/JP precincts
Comparing 2012 and 2016
Statewide judicial
Other jurisdictions
Appellate courts, Part 1
Appellate courts, Part 2
Judicial averages
Other cities
District Attorney
County Attorney
Sheriff
Tax Assessor
County Clerk
HCDE
Fort Bend, part 1
Fort Bend, part 2
Fort Bend, part 3

Once more around the block, this time in Brazoria County. Let’s just dive in:


Dist    Trump    Biden     Lib     Grn
======================================
CD14   44,480   19,715     823     160
CD22   45,953   42,513   1,037     257
				
HD25   38,939   16,277     727     132
HD29   51,494   45,951   1,133     285
				
CC1    19,383    8,439     407      72
CC2    22,456   17,024     494     106
CC3    24,355   12,614     496     102
CC4    24,239   24,151     463     137

Dist   Cornyn    Hegar     Lib     Grn
======================================
CD14   43,874   18,748   1,440     357
CD22   46,831   40,011   1,579     522
				
HD25   38,413   15,432   1,251     314
HD29   52,292   43,327   1,768     565
				
CC1    19,080    7,985     687     182
CC2    22,849   15,885     742     209
CC3    24,398   11,802     736     228
CC4    24,378   23,087     854     260

Dist   Wright    Casta     Lib     Grn
======================================
CD14   43,325   18,349   1,620     508
CD22   45,672   39,005   1,980     989
				
HD25   37,900   15,098   1,435     434
HD29   51,097   42,256   2,165   1,063
				
CC1    18,727    7,834     791     253
CC2    22,351   15,535     885     399
CC3    23,844   11,430     927     394
CC4    24,075   22,555     997     451

Dist    Trump    Biden     Lib     Grn
======================================
CD14   68.24%   30.25%   1.26%   0.25%
CD22   51.20%   47.36%   1.16%   0.29%
				
HD25   69.44%   29.03%   1.30%   0.24%
HD29   52.09%   46.48%   1.15%   0.29%
				
CC1    68.49%   29.82%   1.44%   0.25%
CC2    56.03%   42.48%   1.23%   0.26%
CC3    64.83%   33.58%   1.32%   0.27%
CC4    49.48%   49.30%   0.95%   0.28%

Dist   Cornyn    Hegar     Lib     Grn
======================================
CD14   68.11%   29.10%   2.24%   0.55%
CD22   52.65%   44.98%   1.78%   0.59%
				
HD25   69.33%   27.85%   2.26%   0.57%
HD29   53.39%   44.23%   1.80%   0.58%
				
CC1    68.30%   28.59%   2.46%   0.65%
CC2    57.58%   40.03%   1.87%   0.53%
CC3    65.65%   31.76%   1.98%   0.61%
CC4    50.18%   47.52%   1.76%   0.54%

Dist   Wright    Casta     Lib     Grn
======================================
CD14   67.91%   28.76%   2.54%   0.80%
CD22   52.11%   44.50%   2.26%   1.13%
				
HD25   69.08%   27.52%   2.62%   0.79%
HD29   52.91%   43.75%   2.24%   1.10%
				
CC1    67.84%   28.38%   2.87%   0.92%
CC2    57.06%   39.66%   2.26%   1.02%
CC3    65.16%   31.23%   2.53%   1.08%
CC4    50.07%   46.91%   2.07%   0.94%

As an extra point of comparison, here are the numbers from the four district races:


Weber     45,245  70.76%
Bell      18,700  29.24%

Nehls     44,332  50.51%
Kulkarni  38,962  44.39%
LeBlanc    4,477   5.10%

Vasut     38,936  71.38%
Henry     15,613  28.62%

Thompson  54,594  56.69%
Boldt     41,712  43.31%

Not really a whole lot to remark upon. Brazoria County has slowly shifted blue since 2012, but not by that much. There’s still a lot of work to be done there, and in the short term the most likely place where any effect would be felt is in the appellate courts. HD29 was a dark horse swing district following the 2018 election, but as you can see Rep. Ed Thompson punches above his weight, so it’s going to take more than some demography to seriously challenge him, and that’s assuming the Republicans don’t touch up his district a bit later on this year. I have no idea what Congressional districts will have a piece of Brazoria County going forward, but I’d bet that at least at the beginning they’re all some shade of red.

The main opportunity for Dems here is at the local level, where Commissioners Court Precinct 4 is pretty close to even. None of the county offices – Commissioners Court, Constable, Justice of the Peace – were challenged in 2020, so there’s the starting point to improve things on the ground and begin construction on a bench. That may change with redistricting as well, of course, but county elections can see change happen quickly under the right circumstances. My wish for Brazoria County is for there to be more activity at this level, starting next year.

Republicans want to ban voting at night

Give me a break.

Chris Hollins

Texas Republicans have made it clear that voter suppression is a legislative priority, and one of their biggest targets involves Harris County.

State Rep. Jared Patterson filed a bill last week that would restrict voting hours at early voting locations to between 6 a.m. to 9 p.m. On Twitter, Patterson argued that his bill was filed in response to early voting that occurred in Harris County.

“I filed HB 2293 because of irregularities in Harris County polling hours of operation and the opportunity for voter fraud when no one is looking,” wrote Patterson.

Though many Texas Republicans have claimed the 2020 election was rampant with voter fraud, Texas Attorney General Ken Paxton has produced only 16 cases, which all involved incorrect addresses.

In 2020, Harris County utilized a number of innovations to safely increase voter turnout in the midst of the COVID-19 pandemic. Eight voting locations throughout the city held early voting until 10 p.m. and one day of 24-hour voting. The locations were strategically placed in neighborhoods that were most likely to benefit workers with non-traditional hours.

According to the Houston Chronicle, over 10,000 Harris County residents voted overnight from October 29 to October 30. The former county clerk for Harris County, Chris Hollins noted on Twitter that HB 2293 would impact “first responders, medical professionals, and shift workers.”

Of course, the overnight early voting locations were from the same early voting locations that had operated during the day. Indeed, the ones that had nighttime hours just stayed open past the usual closing times. The allegations of “irregularities” and “fraud” are just shibboleths, meant to demonstrate continued fealty to Donald Trump and the Big Lie of the 2020 election. The purpose of this bill is simply to make voting less accessible. The least they could do is to be honest about that.

This is hardly the only bill to restrict voting – John Coby has rounded up a bunch more, and of course there’s a crap-ton of voter suppression bills in statehouses around the country, with states that President Biden flipped like Arizona and Georgia on the forefront. Democrats can stave off some of this if they can overcome the ridiculous obstacles in the Senate (which include a couple of their own Senators) and pass the two voting expansion bills the House has approved. These bills cover a heck of a lot, and if you want to look at it in a particular way, they’re targeting Texas with these two bills.

“It would be a huge, huge deal for Texas voters,” said Grace Chimene, president of the League of Women Voters of Texas, a group that supports the legislation. “It’s like having a new Voting Rights Act that would protect the rights of voters, make it fair and equal access to voting here in Texas.”

State lawmakers are now pushing a slew of new restrictions on voting, including bills that would make voting by mail more complicated and would scale back hours for polling places.

The federal legislation would stop those efforts, but its changes to how political boundaries are drawn may have some of the biggest effects on Texas, where Republicans control the Legislature and are expected to draw districts that benefit GOP candidates for the next 10 years as Texas becomes an increasingly competitive state. Texas lawmakers will also be drawing boundaries for two to three more seats in Congress.

The bill would take redistricting out of the hands of lawmakers and create independent panels to draw boundaries — something already in place in several states.

The bill also includes provisions to prevent the drawing of districts to break up communities of color, which could have a big impact on Texas’ increasingly diverse — and Democratic trending — suburbs, said Michael Li, an expert on redistricting who serves as senior counsel for the Brennan Center for Justice at New York University.

The legislation would create a legal framework to test districts for gerrymandering and would expedite the legal challenges that are almost certain to follow Texas’ new maps, as well.

“This is the pushback to all the efforts going on in states including Texas to rollback longstanding voter practices,” Li said.

From your lips to Joe Manchin’s ears, Michael. Still, there’s real work to be done here, which very much includes winning enough state offices to pass our own voting rights bills. We know how hard that’s going to be. On the plus side, passing the two federal bills might make Ken Paxton’s head explode, and that should make anyone want to support them.

Please don’t pay any attention to Ted Cruz’s approval ratings

I know, I know, I’m part of the problem. But seriously, this is utterly meaningless.

Not Ted Cruz

U.S. Sen. Ted Cruz’s approval rating took a hit after his family trip to Cancún during the Texas freeze, according to polling by Morning Consult, though he still remains popular among Texas Republicans.

Polling conducted Feb. 19-28 found Cruz’s approval rating at 43 percent among Texas voters, 48 percent of whom said they disapprove of the senator. It was a reversal of his standing — and a double-digit drop in net approval rating — from polls Morning Consult conducted 10 days earlier.

Nationally, 49 percent of Republicans said they approve of Cruz — a 9 percentage point drop — even as his footing in his home state remained strong, with the approval of 71 percent of Texas Republicans.

One, this kind of poll, and Morning Consult’s polls in particular, are always volatile. Two, and this is a partial restatement of the first point, it’s just one damn result. We know better than that. And three, as I have said before, Ted Cruz will not be on any ballot until 2024. There’s literally no poll now that can tell us anything useful about what might happen to Ted Cruz in 2024. Please spend you limited time and brain energy on something more productive, like your fantasy football draft or what the next “Star Wars” spinoff will be on Disney+. Thank you.

Weekend link dump for March 7

“The truth and power of fundamentalist Christianity derived from and depended on its unanimity and total lack of ambiguity. In church, in other words, we all were taught — as all fundamentalists must be taught — that there can be only one pure, true form of fundamentalism and that any deviation from that one pure, true form meant a rejection of the entire construct. But then we all went to school where we were confronted with the subversive fact that there existed a diversity of fundamentalisms. We were all fundamentalists, but we were fundamentalists in different ways. That wasn’t supposed to be possible. The entire authority structure of fundamentalism hinged on the claim that it was not possible.”

“Mentioned in Exodus 32 and I Kings 12 in the Old Testament, worship of the golden calf is seen as a supreme act of apostasy, the rejection of a faith once confessed”.

“In other words, the reason Impossible and Beyond products have taken off in a way that earlier, vegetarian-targeted brands such as Boca and Gardein never quite did is not their nutritional profile. It’s the fact that they actually taste good.”

“As COVID-19 vaccination distribution efforts continue across the United States, the latest KFF COVID-19 Vaccine Monitor reports that a majority (55%) of U.S. adults now say they have received at least one dose of the vaccine (18%) or that they will get it as soon as they can (37%), up from 47% in January and 34% in December.”

“But speaking of history repeating itself, studios hoarding content for their own platform, and Paramount+, aren’t we heading into a new era of vertically integrated entertainment providers that looks a lot like the early days of the Hollywood studio system?”

“Waiting Rooms (And Other Public Spaces) Should Ban Cable News And Put Food Network Or HGTV On Their TVs Instead”.

“All told, the sharp increase in absentee voting in 2020 wasn’t disproportionately beneficial to either presidential candidate.”

“And now … we wait. Maybe there will be evidence of rampant criminality in those returns. Or maybe everything is by the book and Trump just tried to hide them because he’s given away so much money to charity that he didn’t want to embarrass Bill Gates and Mark Zuckerberg for their paltry donations. (Yeah, probably not.)”

RIP, Irv Cross, former Pro Bowl defensive back who became the first Black man to work full time as a sports analyst on national television with CBS, on “The NFL Today” with Brent Musberger and Phyllis George.

Remember those weird Quizno’s ads from the Aughts? That will remind you, if you need/want to be reminded.

RIP, Vernon Jordan, civil rights leader and advisor to President Clinton.

“Disney CEO Bob Chapek said Monday that despite how rotten it was to have theme parks closed for so long, the forced downtime was also an opportunity to tinker with technology and data to reopen better than before, for both guests and for shareholders.”

The fruitless hunt for a pristine copy of Citizen Kane.

Flu has virtually disappeared from the U.S., with reports coming in at far lower levels than anything seen in decades.”

As a lifelong Yankees fan, I fully endorse this proposal to honor Roy White in Monument Park.

“An orangutan named Karen, the first in the world to have open-heart surgery in 1994, has made medical history again: She’s among the first great apes to get a COVID-19 vaccine.”

“At least 30,000 organizations across the United States — including a significant number of small businesses, towns, cities and local governments — have over the past few days been hacked by an unusually aggressive Chinese cyber espionage unit that’s focused on stealing email from victim organizations”.

“Lifting restrictions is exactly what the virus wants us to do—as we’re seeing the world over, more community spread creates the perfect conditions for the virus to accumulate mutations that can lead to more transmissible and potentially more lethal strains.”

What can we expect from the maskless mandate?

More COVID, obviously.

The Centers for Disease Control is increasing pressure on Republican leaders in states like Texas that have eased COVID restrictions, publishing a study on Friday showing evidence that the measures — such as the mask requirement that Gov. Greg Abbott rescinded this week — clearly decrease COVID cases and deaths, while opening up restaurants causes them to spike.

“We have seen this movie before: When prevention measures like mask mandates are rolled back, cases go up,” CDC Director Rochelle Walensky said. “I know the idea of relaxing mask wearing and getting back to everyday activities is appealing, but we’re not there yet.”

[…]

On Friday, Walensky continued to sound the alarm. She said that COVID cases and deaths have started to plateau for more than a week at levels similar to the late summer surge — just as some states are easing restrictions that helped drive those cases down.

White House officials said Friday the trend is concerning, especially as progress has been made on vaccinations. Nearly 55 percent of people 65 and older have received at least one vaccine dose, up from just 8 percent six weeks ago, senior White House COVID-19 adviser Andy Slavitt said.

More than 3.5 million Texans have received at least one dose of the vaccine, and nearly 2 million have been fully vaccinated, out of a population of 29 million. Still, the state ranks among the lowest for the percentage of people vaccinated, at 13 percent.

“It’s better to spike the football once you’re safely in the end zone, not once you’ve made a couple of completions,” Slavitt said.

The CDC released a new report on Friday that showed COVID cases and death rates decreased within 20 days of the implementation of state mask mandates. That progress was quickly reversed with the opening of restaurants, however, the report said. COVID cases rose between 41 and 100 days after states allowed dining in restaurants and daily death rates rose between 61 and 100 days after.

“Policies that require universal mask use and restrict any on-premises restaurant dining are important components of a comprehensive strategy to reduce exposure to and transmission of SARS-CoV-2,” the study said. “Such efforts are increasingly important given the emergence of highly transmissible SARS-CoV-2 variants in the United States.”

I think what’s so infuriating about this is that we really are in the home stretch now. Texas is at the back of the pack in terms of vaccination rate (though Harris County is doing reasonably well), but we are making steady progress. Anecdotally, I know so many more people now who have gotten at least their first shot compared to just a month ago. It would have been so easy to say that we just need to hold on until (say) Memorial Day or something like that, when we can expect to have a significant number of people who have been vaccinated, then we can really begin to ease up. We can emphasize outdoor events first, and be clear about when masks aren’t needed (when everyone involved has been vaccinated) versus when they should still be worn. We’ve come this far, we can see where we want to be, we just need to finish the job. Why was that so hard?

You may say, as Abbott was quoted in the story, that we haven’t actually enforced the mask mandate in Texas that just urging people to wear them while explicitly not requiring it isn’t all that different. I’d say first that the reason we haven’t enforced it is because Greg Abbott was so frightened by the likes of Shelley Luther that he cowardly backed down from any kind of official enforcement. What that has meant in practice is that responsibility for mask requirements falls squarely on the shoulders of frontline workers, who at least had the backup of an executive order when confronting some maskhole. But now even that is going away, which means we’ll have a lot more of this:

Fidel Minor, a Houston Metro bus driver, said Gov. Greg Abbott’s mask rollback will incite “mass chaos” on city buses as drivers like him try to enforce federal mask requirements for transit.

“It’s already a hard enough job as it is without having conflicting directives,” said Minor, a driver for Houston Metro.

Abbott relaxed requirements on businesses Tuesday, lifting statewide mask mandates and reducing capacity restrictions on restaurants and retailers. The order, effective March 10, sent chills through frontline workers across the region who say they still face risks on the job.

Asking customers to wear masks means being met with a daily dose of attitude, said Stacy Brown, bakery manager at Phoenicia Specialty Foods, a grocery store on the ground floor of One Park Place downtown. Now she fears that attitude will spread.

“We’re gonna have people come into the store, not wanting to comply just because of what (Abbott) says,” she said, noting she feels it’s especially important that her customers wear masks because as a diabetic she’s in a high-risk group.

[…]

David Lee, a deli manager at Kroger in Galveston who got sick with the virus in December, said it’s scary to know he and his colleagues will be surrounded by more of the maskless customers he believes exposed him to the virus in the first place. “I think (Abbott) should wait at least two more months,” he said. “It’s going to be scary now.”

For its part, the family-run Phoenicia will keep its mask mandate at its two Houston stores and restaurants, said owner Haig Tcholakian. Requiring masks inside his stores is about health and safety for staff and customers, first and foremost, he said. But also because when workers get sick or exposed, it affects business, too.

“It disrupts operations quite a bit, and if there are multiple (illnesses) across all businesses that would probably limit us and make us scramble to make up for that,” he said.

Tcholakian said he and his employees have to ask people to leave a handful of times a week. Like Brown, his bakery manager, he’s concerned that enforcement will get more difficult now. “We’ll have to prepare for it.”

For Teresa McClatchie, an escalator monitor at Bush Intercontinental Airport, the governor’s policy change seems at odds with the facts on the ground. She said her coworkers are still ill with the virus — one may need to stay on oxygen on an ongoing basis because of damage the virus did to her lungs.

“We still have some employees out,” she said, “and some, they may not be back.”

The number of restaurants and other businesses that will continue to require masks is inspiring and may just help blunt the effect of Abbott’s foolishness, but it still shouldn’t fall on these people to ensure that the jackasses out there don’t endanger them or others.

And for those of you who may be mad at HEB for urging but not requiring masks at their stores, it’s exactly with this in mind that they made this call.

H-E-B President Scott McClelland has the explanation why the store won’t require customers to wear masks in light of Gov. Greg Abbott’s Tuesday announcement.

While it has the power to require customers to wear masks before entering, McClelland said H-E-B won’t take that step – in part because of belligerent customers who have caused nearly 2,000 in-store incidents surrounding masks at Houston stores alone.

If a customer walks into the store without a mask, a worker will ask them to put one on, McClelland said. If they don’t have one, they will be offered a mask.

If they still refuse to put one on, McClelland said “we are not going to escalate.”

“What’s important to me is, I’ve got to ensure for the physical safety of both my employees and customers in the store,” McClelland said. “That’s what we have been doing, and frankly it’s the same thing we’ll continue to do.”

I confess, I recently yelled at one dipshit at HEB who was walking around with his mask on his chin. It wasn’t smart, and it wasn’t considerate of the other customers in the yogurt aisle who had to be wondering if something was about to go down, but I was so mad and I felt like someone needed to do something. McClelland is right about not escalating, and I will just have to keep that in mind. And I have already spent more time and energy thinking about this than Greg Abbott ever will.

Again with defining the Governor’s powers in an emergency

The legislative process has begun, and I feel like we’ve already lost the plot.

For roughly the past year, Republicans and Democrats have picked apart the state’s response to the coronavirus pandemic — and particularly how Gov. Greg Abbott has wielded his power along the way.

Now, with less than 90 days left in the 2021 regular legislative session and as Abbott has moved to lift most of the restrictions he imposed, the Texas Legislature is setting its sights on addressing the governor’s emergency powers during a pandemic. And while many differences remain on the approach, members of both parties and both chambers of the Legislature appear intent on doing something.

In the House, a top lieutenant of GOP Speaker Dade Phelan has filed a wide-ranging bill that would affirm the governor’s ability to suspend state laws and require local jurisdictions to get approval from the secretary of state before altering voting procedures during a pandemic, among other things. The measure has been designated House Bill 3, indicating it’s a top priority for the new speaker, behind the lower chamber’s proposed state and supplemental budgets in House Bills 1 and 2, respectively.

The author of House Bill 3, Rep. Dustin Burrows, R-Lubbock, has said the proposal can serve as a starting point for lawmakers to begin to map out what the state’s response should look like in the event of another pandemic.

“After going through the last year of a pandemic and the government reaction to it, we owe Texans a healthy and robust debate about what we agree and disagree with,” Burrows said in a statement to The Texas Tribune for this story. “I filed HB3 so we could have a holistic review of state governance and to make sure we protect our liberties during a state emergency.”

The Senate, meanwhile, is appearing to take a more piecemeal approach. Lt. Gov. Dan Patrick has included several pandemic-related proposals as part of his 31 legislative priorities for the session, including a “First Responders Pandemic Care Act” and a “Family Nursing Home Visitation Rights” bill. Patrick’s office has remained tight-lipped so far about the substance of those proposals — many of which have not yet been filed — or his chamber’s contrasting approach. A Patrick spokesperson declined to comment on the record.

“Things are off to a slow start, and I think we’re probably in wait-and-see mode” when it comes to reforming emergency powers, said Sen. Carol Alvarado, D-Houston, chair of the Senate Democratic Caucus. “There seems to be more going on on the Republican side of that, but as far as doing something like an HB 3 goes, I’m not sure.”

There are broad areas of agreement between the two chambers on issues like protecting businesses from certain lawsuits related to COVID-19, which is among Patrick’s and Abbott’s priorities and is included in the House’s omnibus proposal. But the more tricky territory could be reforming the parameters of a state pandemic response.

[…]

As filed, House Bill 3 would carve out future pandemics from how the state responds to other disasters, such as hurricanes. For roughly the past year throughout the pandemic, the state has been operating under the Texas Disaster Act of 1975, which Abbott has used to issue statewide guidelines. Some have argued that the disaster statute did not fit the circumstances brought on by the unprecedented pandemic and that tweaks would be needed should a similar crisis happen in the future.

The bill would also require local jurisdictions to receive approval from the secretary of state before altering voting procedures during a pandemic — an attempt to avoid the headlines and confusion that defined much of the 2020 general election, such as court battles over mail-in ballot applications and drive-thru voting.

“All of these jurisdictions, especially in [Harris and Dallas counties], the more blue areas, we’re not going to let them use a pandemic excuse to change the rules of the game to try to get more Democrats out to vote,” Burrows said last week on the Lubbock-based Chad Hasty radio show, noting that the Republican Party of Texas has named “election integrity” a top priority this legislative session.

Among its other provisions, the bill would affirm existing protections for places of worship remaining open during a pandemic, and for the sale or transportation of firearms and ammunition.

See here for the background. Keeping churches and gun stores open, while making it harder to vote – you have to hand it to these guys, they never miss an opportunity to follow their zealous little hearts. Kind of quaint to think that the heart of the matter would be about the relative roles of the Governor and the Legislature, or that a lightweight like Steve Toth would have the more serious and constructive proposal, but here we are. Speaking of which, the Chron adds a few details.

Steve Toth, R-The Woodlands, filed a bill that would give the Legislature the power to intervene midpandemic if voters approved a constitutional amendment. Toth’s bill, House Joint Resolution 42, was one of at least eight that have been filed by lawmakers on both sides of the aisle on the subject.

Last year, Toth and other conservative lawmakers were also party to lawsuits against the governor claiming Abbott abused his emergency powers when he extended the early voting period and when he signed off on a deal with a contact tracing company.

But Toth said Wednesday that he felt confident that Phelan and Burrows are listening to feedback and willing to make changes that other members deem necessary to strengthen the bill. Whether that will include a requirement for a special session, however, remains to be seen.

“I’d be seriously disappointed if they weren’t welcoming input,” Toth said. “I’d be disappointed if they weren’t saying how can we change to make it better, but they are, enthusiastically.”

Phelan, for his part, has supported Abbott taking charge during disasters, something he’s said helped his community of Beaumont during Hurricane Harvey. In a statement Thursday, Phelan called HB 3 “the House’s initial blueprint for our pandemic response.”

“Our chamber welcomes healthy debate over the best way to defend our liberties, create predictability in times of crisis and safeguard our economy,” he said.

Rep. Chris Turner, House Democratic Caucus chair, said in a statement that while the bill will likely go through many changes as the session goes on, “there is broad interest in addressing how future governors respond to future emergencies, given Gov. Abbott’s confusing, slow and often inadequate response to the COVID-19 pandemic — not to mention last month’s winter storm.”

He added that he hopes the legislation will give local leaders the chance to make rules for their own communities without being preempted by the governor. As of now, the law does the opposite, affirming a clause that most of Abbott’s orders have included stating that a governor’s emergency orders supersede local ones.

“Beyond that, we need to prioritize fixing our broken data reporting systems so we can make decisions based on science rather than politics,” said Turner, D-Grand Prairie.

I mean, I don’t really want Steve Toth to be happy, but he did have one halfway decent idea, and I do like to encourage that sort of thing. The Senate still has to weigh in, not that they’re likely to do anything to improve matters. As the Chron story notes, limiting the Governor’s powers was not something Dan Patrick considered to be a priority. He has more important things on his mind.

Congress has questions for Abbott

Will he answer them? That’s the bigger question.

Democrats on the House Committee on Energy and Commerce, including Reps. Marc Veasey of Dallas and Lizzie Fletcher of Houston, are conducting a probe into Gov. Greg Abbott and why Texas’ electrical grid was unprepared to handle last week’s snowstorm.

In a recent letter to the governor lead by Energy and Commerce Chair Rep. Frank Pallone, members picked apart Abbott’s response to the crisis, including the governor’s visit to Fox News in which he spread lies about wind and solar energy being the chief culprit behind the blackout.

“These statements either suggest a lack of understanding of the Texas power grid’s fundamental operations or were an attempt to shift blame away from the very real issues that have existed within the state’s energy structure for years,” read the letter.

“The response to this ongoing crisis raises significant questions regarding Texas’ grid design, preparation, and whether the state is taking appropriate action to aid citizens in this crisis,” the letter continued.

The members of Congress criticized Texas’ isolated power grid for being unable to import enough power from other states while it was under extreme stress — an issue of resiliency they said would be needed to be solved in the face of changing climate and more frequent extreme weather events.

Lawmakers also requested Abbott answer several questions relating to the crisis, including why Texas failed to implement weatherization recommendations made by a 2011 federal report that was conducted after a snowstorm caused blackouts in Texas that same year.

[…]

Members of the energy committee said they had “broad jurisdiction” over energy policy and requested Abbott deliver the answers before March 22.

They may indeed have jurisdiction, but that doesn’t mean Abbott will recognize or respond to it. Look at how spectacularly unsuccessful Congressional Democrats were at getting anyone from the Trump administration to respond to subpoenas. Like so many other norms, the custom and expectation that such subpoenas would be heeded was shredded by Trump and his goons. The problem here is not jurisdiction, it’s enforcement. No one is going to show up at the Governor’s mansion with an arrest warrant if Abbott sticks that letter in the round file. The worst he can expect is some carping from Congressional Democrats, and maybe a tut-tutting editorial or two. I’m not saying that Congress shouldn’t try to get answers from Abbott. I am saying that all they can do is ask. Until and unless they can do more than that, we shouldn’t expect better results.

More maskless mandate stuff

A bit of a roundup, because there’s so much out there.

Three of Gov. Greg Abbott’s four coronavirus medical advisers say they weren’t directly consulted prior to lifting mask mandate

In April 2020, an optimistic Gov. Greg Abbott announced at the Texas Capitol that he would soon take initial steps to allow businesses to reopen during the coronavirus pandemic.

The loosening of restrictions, his team said, would be informed by a statewide “strike force,” composed of business leaders and four medical experts who would advise the governor on a safe, phased plan.

“Every recommendation, every action by the governor will be informed and based on hard data and the expertise of our chief medical advisers,” James Huffines, a lobbyist who Abbott named as chair of the strike force, said at the time. “Everything we do will be medically sound. These nationally recognized advisers are leading experts in their fields and we will rely on their knowledge and expertise every step of the way.”

Since then, Texas has suffered through two major case surges and thousands of deaths. Abbott imposed a mask order in July, and vaccine distribution has begun to give residents a reason for hope. On Tuesday, Abbott made waves again by announcing the repeal of his mask order and declaring “it is now time to open Texas 100%.”

This time, however, Abbott’s team of medical advisers appeared to play a minimal role in the decision. Three of the four said on Wednesday that Abbott did not directly consult with them prior to the drastic shift in policy. The fourth said he couldn’t say whether the move was a good idea.

One such adviser expressed overt reservations about the move.

“I don’t think this is the right time,” Dr. Mark McClellan, a former commissioner of the U.S. Food and Drug Administration and director of the Duke-Margolis Center for Health Policy at Duke University, said in a statement. “Texas has been making some real progress, but it’s too soon for full reopening and to stop masking around others.”

McClellan said that he was “not consulted before the announcement.”

Hey, remember the Strike Force? Yeah, no, nobody does. Either you’re going to tell Greg Abbott what he wants to hear, or he won’t listen. What’s the point?

Texas’ largest cities will keep requiring masks in municipal buildings even after statewide mandate ends

Mayors in some of Texas’ biggest cities announced that they will still mandate the use of masks in municipal buildings, even after the statewide mask order ends next week.

Austin, Dallas, Houston, San Antonio and El Paso’s leaders announced Wednesday and Thursday that masks will be required to enter city-owned indoor spaces like libraries, police and fire department headquarters, convention centers and transportation hubs.

“I am going to issue an order mandating masks at all city-owned buildings. We have to do what we are legally allowed to do to get people to wear masks,” Dallas Mayor Eric Johnson said on Twitter Thursday morning. “We also still need to practice social distancing. And we still need to avoid taking unnecessary risks. The pandemic is not over.”

[…]

In an email, Abbott spokesperson Renae Eze confirmed that cities are allowed to take this measure “just like private companies can with their property.”

I’m sure he’ll get the Legislature right on that, though.

Speaking of private companies, Texas businesses must decide whether to require face masks. Some worry they could lose customers either way.

“I do feel that we’ll probably lose guests based on whatever decision we do make, but I guess that’s just part of the environment that we are in now,” said Jessica Johnson, general manager of Sichuan House in San Antonio. “It’s either you wear masks and piss a couple people off, or you don’t wear masks and you piss a couple people off.”

At least one business owner, Macy Moore of HopFusion Ale Works in Fort Worth, said Wednesday on CNN that he had not slept since Abbott’s announcement because he’s so worried about the health and safety of his staff. Others, like Anne Ng of Bakery Lorraine in San Antonio, have decided to keep mask requirements in place for staff and customers regardless of what Abbott and the state government say.

“By repealing the mandate, the government is putting everyone at risk, and foodservice workers are sadly at the front lines in facing potential hostility from folks who will refuse to respect our mask policy,” Ng said. “We don’t deserve that.”

[…]

Christine Ha, a partner and co-executive chef at Xin Chao in Houston, sent out a notice to her whole staff Wednesday afternoon that the restaurant would continue requiring masks and operating at a reduced capacity. She expressed concern about enforcing those policies, though, because local agencies and law enforcement no longer have to support her restaurant’s safety requirements.

“This leaves it up to my team to enforce these policies, and they are in the business of hospitality, not policing,” Ha said.

There are many ways in this world to be an asshole. Yelling at a retail or restaurant worker who asks you to please observe their mask-wearing policy is one of the most effective ways to identify yourself as among the world’s biggest assholes.

For some Texans who lost loved ones to the coronavirus, lifting the mask mandate is a “slap in the face”.

What confuses Delia Ramos about Gov. Greg Abbott’s recent decision to cast off coronavirus restrictions in Texas isn’t his order to let more people into restaurants. The Brownsville school counselor knows people are hurting economically.

But with more than 43,000 dead in Texas — including her husband — is wearing a mask in public too much to ask? At the least, it could take pressure off the medical systems and help prevent more people from dying, she said.

“It’s not about taking away anybody’s job or making anybody else suffer financially because everybody has their families to take care of,” said Ramos, who lost her husband Ricardo to the coronavirus last year.

“People can go pick up groceries, people can go into a restaurant and people can shop around the mall in masks,” she said.

[…]

In nearby McAllen, Ana Flores watched Abbott’s announcement in disbelief on Tuesday. For the 39-year-old, who works at an adult day care, it immediately brought back memories of when Abbott loosened COVID-19 rules in May — weeks before infections surged and devastated the predominantly Hispanic or Latino communities along the U.S.-Mexico border.

She got severely sick with the virus. Her husband of ten years, a truck driver, who was cautious and “knew a little bit about everything,” was hospitalized and died at age 45.

“For [those of] us who lost a loved one, for us who survived — because I got pretty sick as well … it’s like a slap in the face,” Flores said of Abbott’s announcement, noting his “happy” tone and the “clapping” people around him.

For Abbott to say “it’s time for us to get on with our lives, everything to go back to normal,” she said, “normal is not going to happen for us ever again.”

She said it felt like Abbott “doesn’t care” that counties in the border are “still struggling” even if other parts of Texas are doing better.

Mandy Vair, whose father, a hospice chaplain, died with the virus last summer, saw the order and wondered: Did his death not matter? She and other family members were limiting social activities and wearing masks, but were infected in November and Vair was sick for weeks. Her family still hasn’t had a memorial ceremony for her late father because they don’t feel it’s safe to gather.

She said Abbott’s decision made her think, “He got his immunization and maybe all of those that are important to him already got the immunization. So [now] the rest have to kind of fend for themselves until their turn comes up,” she said. “We have to be responsible for ourselves — well, haven’t we been trying to be responsible for ourselves the whole time?”

Though I have to admit, Greg Abbott’s method is pretty effective as well. For more stories, if you’re not fully rounded up yet, here’s a collection from the Chron.

ERCOT’s overcharges

Oops.

The Electric Reliability Council of Texas made a $16 billion error in pricing during the week of the winter storm that caused power outages across the state, according to a filing by its market monitor.

Potomac Economics, the independent market monitor for the Public Utility Commission of Texas, which oversees ERCOT, wrote in a letter to the Public Utility Commission that ERCOT kept market prices for power too high for nearly two days after widespread outages ended late the night of Feb. 17. It should have reset the prices the following day.

That decision to keep prices high, the market monitor claimed, resulted in $16 billion in additional costs to Texas power companies. The news of the overcharging was first reported by Bloomberg.

Some of the providers that were charged during the high price period could pass the costs to customers, depending on the type of contract they have, according to Detlef Hallermann, director of the Reliant Energy Trade Center at Texas A&M University.

In Texas, wholesale power prices are determined by supply and demand: When demand is high, ERCOT allows prices to go up. During the storm, PUC directed the grid operator to set wholesale power prices at $9,000 per megawatt hour — the maximum price. Raising prices is intended to incentivize power generators in the state to add more power to the grid. Companies then buy power from the wholesale market to deliver to consumers, which they are contractually obligated to do.

Because ERCOT failed to bring prices back down on time, companies had to buy power in the market at inflated prices.

The error will likely result in higher levels of defaults, wrote Carrie Bivens, a vice president of Potomac Economics, the firm that monitors the grid operator. She said the PUC should direct ERCOT to remove the pricing interventions that occurred after outages ended, and allowing them to remain would result in “substantial and unjustified” economic harm.

At least $1.5 billion could be passed on to retail electric providers and their customers. Some retail providers have already begun to file for bankruptcy.

[…]

“The ERCOT market was not designed to deal with an emergency of this scale,” wrote Patrick Woodson, CEO of ATG Clean Energy Holdings, a retail power provider based in Austin, to the Public Utility Commission. The pricing failure, he wrote, “has pushed the entire market to the brink of collapse.”

Bivens wrote that while she recognizes that retroactively revising the prices is “not ideal,” correcting the error will reflect the accurate supply and demand for power during the period after the outages.

First and foremost, most if not all of that $16 billion in overcharges needs to be refunded to the customers and retail providers. This isn’t a matter of reading the fine print, it’s a matter of the market failing. No one should have to pay those extortionate rates, and no one should have their credit ratings dinged because they were charged those extortionate rates.

Second, the PUC cannot be allowed to authorize such rates again in the future. I don’t know if this was a process problem or a judgment problem, but either way the effect was extremely damaging. That needs to be a high priority.

But in some sense, these are just details. The big picture problem is that the system we have in place failed completely during the freeze week. The bright idea behind this deregulated, market-driven system of power delivery is that it’s supposed to provide incentives to power companies to ensure there’s a sufficient supply of power, while lowering prices for the customers. The latter has long been a massive failure, but we see now how the former failed as well. All it did was serve as incentive for the system to be gamed. We can tinker around the edges and maybe put in some guard rails, but the underlying problem won’t be solved.

Of course, the Republicans in charge aren’t interested in systemic reform, because they think everything was just fine outside of that one unfortunate week. The real first step in solving this problem is getting people into office that want to solve it. The Chron has more.

UPDATE: That’s not how you fix it.

Texas’ utility regulator had an opportunity Friday to eliminate some of the $16 billion that the state’s grid operator erroneously overcharged power companies during last month’s deadly winter storm — but the board of the Public Utility Commission chose not to do so.

Some Texas electricity customers could have benefited from a decision to readjust the electricity market prices for the week of the storm, according to PUC Chair Arthur D’Andrea and some independent analysts. But other customers could have been harmed by such a move, D’Andrea said.

“I totally get how it looks like you’re protecting consumers [by readjusting electric prices],” D’Andrea said Friday during a PUC meeting. “But I promise you you’re not.”

D’Andrea added that a retroactive decision would have winners and losers: “You don’t know who you’re hurting. And you think you’re protecting the consumer and it turns out you’re bankrupting [someone else].”

[…]

State Sen. Drew Springer, R-Muenster, was hoping for a different decision by the PUC on Friday.

“Keeping the market at an artificial $9,000 for 32 hrs cost $16B,” Springer tweeted, adding that the Potomac Economics report “says those hours should be repriced, I agree.”

You have the power to do something about that, Sen. Springer. What are you going to do?

The freeze was hard on the bats

Dammit.

The bat colony under the bridge at Waugh Drive in Buffalo Bayou Park, a beloved staple of the city, was severely impacted by last week’s winter storm.

While the full extent of the damage is still unknown, many of the Mexican free-tailed bats that usually emerge from under the bridge at dusk were killed by unusually frigid temperatures, according to Buffalo Bayou Park officials.

A small number of surviving bats were taken to a rehabilitation facility to be nursed back to good health, said Trudi Smith, director of programming for Buffalo Bayou Partnership. Officials asked park-goers and dog-owners to stay away from the area for safety reasons and to allow time for clean-up on Monday.

Diana Foss, a wildlife biologist with the Texas Parks and Wildlife Department and coordinator of the Houston area bat team, examined the colony Monday and was still making assessments of the loss by evening.

[…]

The Waugh Bridge colony was also killed off in droves during Hurricane Harvey in 2017. The flood waters submerged the Waugh overpass and the bats couldn’t fly out, drowning many. Residents saved some of them, but tens of thousands were displaced or died during the storm. Before Harvey, there were around 300,000 living in the bridge. After the storm Foss reported seeing around 100,000.

Many of the bats took up shelter in nearby structures, like the America Tower, after Harvey and it wasn’t clear if they would return. But the bats migrated back to their home and repopulated the bridge over time.

See here for the background. This is a small thing, obviously, much less important than the human misery that the freeze brought. We can still feel bummed about the bats without losing sight of the bigger picture.

President Biden disagrees with the maskless mandate

I mean, duh.

President Joe Biden

President Joe Biden said Wednesday that Texas made a “big mistake” by removing its statewide mask mandate and suggested the decision reflected “Neanderthal thinking.”

The comments by the Democratic president came a day after Republican Gov. Greg Abbott announced he was not only ending the mask requirement but also allowing businesses to reopen at full capacity. A small fraction of Texans have been fully vaccinated, and while coronavirus numbers have been generally declining in the state, they remain substantial.

“Texas — I think it’s a big mistake,” Biden said at the White House. “We are on the cusp of being able to fundamentally change the nature of this disease because the way in which are are able to get vaccines in people’s arms. The last thing — the last thing — we need is Neanderthal thinking in the meantime.”

Biden’s administration has urged states not to let up on restrictions as vaccinations pick up. Rochelle Walensky, Biden’s director of the Centers for Disease Control and Prevention, reiterated that earlier Wednesday during a White House coronavirus briefing when asked about Abbott’s announcement.

“I think we at the CDC have been very clear that now is not the time to release all restrictions,” Walensky said.

Asked about the Texas news a short time later, White House press secretary Jen Psaki did not directly address Abbott’s actions but said “the entire country has paid the price for political leaders who ignored the science when it comes to the pandemic.”

Abbott’s announcement came four days after he joined Biden for a tour of Houston that was partly about the state’s vaccination efforts. In remarks at the end of the trip, Biden stressed it was “not the time to relax” practices to curb the spread of the virus.

“We have to keep washing our hands, staying socially distanced,” Biden said. “And for God’s sake, wear your mask.”

See here and here for the background. I’m sure we can all surmise what Abbott’s opinion of Biden’s opinion is, but then Abbott only cares about what a few people think. He won’t be unhappy if Biden gets mad at him.

Vaccination hesitation blues

This is the next thing we will have to really focus on.

Most Texas voters believe vaccines are safe and effective, but 28% do not plan to get a COVID-19 vaccine when it’s available to them, according to the latest University of Texas/Texas Tribune Poll.

A solid majority (61%) agree that “in general … vaccines are safe.” That includes majorities of both Democrats (74%) and Republicans (54%). Asked whether vaccines are generally effective, 63% said yes, including 78% of Democrats and 56% of Republicans. More than half (56%) said that vaccines are both safe and effective, including 71% of Democrats and 48% of Republicans.

Even so, 36% said they’ll get vaccinated against COVID-19 as soon as it’s available to them, 28% said they will not, and 16% said they’re not sure. Another 15% said they’ve already been vaccinated, meaning just over half have either been vaccinated or are planning to be when they can. In a poll last June, 59% said they would get a COVID-19 vaccine if it was available at low cost; in the October 2020 UT/TT Poll, that number fell to 42%.

Polling data is here. These numbers trail the national numbers that I can find, but the most recent national polling was from at least three weeks ago. The two most recent results I saw, from the second week of February, had national willingness to take the shot (plus those who had already received it) at around 65%. There will be some core group that will be extremely resistant, but I believe there are still quite a few who just want to take it more slowly and will get there in their own time. We have some work to do to meet them where they are and get them where they need to be.

Come one, come all to the CD06 special election

Now that is what I call a field.

Rep. Ron Wright

A crowd of 23 candidates — including 11 Republicans and 10 Democrats — has filed for the May 1 special election to fill the seat of the late U.S. Rep. Ron Wright, R-Arlington, according to the secretary of state’s office.

The filing deadline was 5 p.m. Wednesday. The race also attracted one independent and one Libertarian.

The GOP field saw a last-minute surprise. With less than an hour until the deadline, Dan Rodimer, the former professional wrestler who ran as a Republican for Congress last year in Nevada, arrived at the secretary of state’s office in Austin to file for the seat.

“We need fighters in Texas, and that’s what I’m coming here for,” Rodimer told The Texas Tribune. “I’m moving back to Texas. I have six children and I want them to be raised in a constitutional-friendly state.”

Some of the other candidates had already announced their campaigns, most notably Wright’s widow, longtime GOP activist Susan Wright. Other prominent Republican contenders include state Rep. Jake Ellzey of Waxahachie and Brian Harrison, the former chief of staff at the U.S. Department of Health and Human Services under President Donald Trump.

On Tuesday evening, one potential major GOP candidate, former Trump campaign adviser Katrina Pierson, announced she was not running.

On the Democratic side, the field includes Jana Lynne Sanchez, the 2018 Democratic nominee for the seat; Lydia Bean, last year’s Democratic nominee against state Rep. Matt Krause, R-Fort Worth; and Shawn Lassiter, a Fort Worth education nonprofit leader.

See here and here for some background. The full list of candidates can be found at the end of the story. A field this size tends to defy analysis, but we’ll get some idea of who has legs and who doesn’t when we see the Q1 finance reports, which will include whatever fundraising activity these folks can muster up for the rest of the month. I do feel confident saying there will be some separation evident from that. Just getting your name out there, and distinguishing yourself from the almost two dozen (!) other candidates will be a heck of a challenge.

Reactions to the maskless mandate

Let’s start with the doctors, since clearly they weren’t consulted.

Houston-area doctors and medical professionals reacted with dismay to Gov. Greg Abbott’s Tuesday decision to roll back the state’s mask mandate and other precautions against COVID-19.

“I had a pretty strong visceral reaction — like PTSD,” said Dr. Matt Dacso, an internist at the University of Texas Medical Branch. “I can think of no other word but incomprehensible… Everybody is hurting, but gosh, man. The masks were doing a lot for us.”

Dacso said the order was a huge hit to morale, coming almost exactly one year after the first recorded case in New York. His team had been celebrating the progress made since then — until they heard about Abbott’s order.

[…]

“It’s true that Texas has been vaccinating people,” said Peter Hotez, vaccine researcher at Texas Children’s Hospital Center for Vaccine Development. “But after the recent freeze, we rank at the bottom of states in the percentage of people we’ve vaccinated: Only 13 percent of Texans have had their first dose.

“I would have preferred to wait a couple of weeks to reopen while we see how these new variants play out here, and so that we could catch up to the rest of the country in terms of vaccinations,” Hotez continued.

While people who have been vaccinated may feel tempted to go out without their masks, they shouldn’t, said Dr. Diana Fite, president of the Texas Medical Association.

A vaccination means they’re less likely to face severe complications from COVID-19, not that they’re less likely to catch it and infect others. COVID-19 vaccine manufacturers are still studying the rate of transmission and infection in people who have been immunized, and trial data may not be available until the spring.

“Fully vaccinating 1.8 million people is still a huge number, but it’s far from getting anywhere near where we say things are going to be contained,” Fite said.

Local hospitals say they are not planning to change their masking requirements.

“The COVID-19 virus and its effects will be with us for a long time,” St. Luke’s Health officials said in a Tuesday afternoon statement. To ensure the safety and health of our communities, we urge people to continue to wear masks and practice other precautions like hand washing and social distancing, in addition to getting vaccinated. Wearing a mask is one of the most effective ways to limit the spread of the virus, which is why masks are still required at all St Luke’s Health facilities.”

See here for the background. Local health officials were equally vehement.

Keep wearing your mask and taking COVID-19 safety precautions, local health experts said Tuesday, after Gov. Greg Abbott announced he was lifting the statewide mask mandate and restrictions on businesses.

“Despite the impending removal of the state mask mandate, we must continue our vigilance with masking, distancing, and hand washing,” said Dr. Mark Escott, Travis County Interim Health Authority. “These remain critical in our ongoing fight against COVID-19.”

Expressing concerns about highly contagious variants of the virus and the need for local health officials to maintain some authority over their local situations — which vary widely from county to county — doctors and health officials cautioned that Texans should not take Abbott’s announcement as a signal to relax the behavior that has lead to a recent decrease in coronavirus case rates and hospitalizations.

[…]

Dr. Ivan Melendez, Hidalgo County Health Authority, said it’s premature to abandon safety precautions and hopes Texans can stay patient even in the absence of statewide rules.

“I think that people have a lot more common sense than we give them credit for, but … it’s very hard for human beings not to start socializing and to stop wearing masks,” he said.”I understand they are looking for any sign they can go back to the old ways, but I would just remind them that we’re in the bottom of the ninth, two runs out, and we’re almost there. This isn’t the time to put the bench in. This is the time to continue with the A-Team. Very soon, we’ll be there.”

Others said that while they’re glad Abbott did stress that Texans should stay cautious, the mandate provided an important function that the state may not be ready for yet.

“I think it’s a little bit early, in my opinion, to be removing the masking requirement,” said Dr. James McDeavitt, senior vice president and dean of clinical affairs at Baylor College of Medicine. “I would have preferred to see our numbers lower, and I would have preferred to see more people vaccinated before we took that leap.”

Dr. John Carlo, CEO of Prism Health North Texas and a member of the state medical association’s COVID-19 task force, agreed it was too soon for Texans to relax their safety practices, adding he is especially concerned about the increasing spread of the U.K. variant of COVID-19, which is thought to be more contagious and perhaps more deadly.

None of this should be a surprise. I’m sure there are some doctors out there who are Team No Mask, but as a group this is obvious. The Texas Medical Association took a diplomatic path:

Restaurants were also cautious, though they have clear reasons to be happy about the full reopening stuff.

Operators wondered if they would be ready to return so quickly to full service; if they could hire workers fast enough to accommodate full capacity; if their purveyors would be ready to service increased orders for food and other goods. And, most crucially, how mask wearing would be handled by workers and a dining public no longer required to cover up.

There were no clear answers Tuesday.

“Personally, I didn’t expect him to say that today. I thought we wouldn’t see it until sometime in the summertime,” said [Levi] Goode, whose restaurant portfolio also includes Goode Co. Seafood, Goode Co. Kitchen & Cantina and Armadillo Palace. “We’ve adopted some great practice from the safety standpoint during the pandemic, and many of those will remain intact until we feel comfortable we can move in another direction.”

But without a state mandate that masks are required, next Wednesday will bring uncertainty.

Ricardo Molina, president and co-owner of Molina’s Cantina restaurants, said that he probably will not enforce masks for his servers, but that those who choose to wear one will be able to do so. He added that customers will ultimately dictate how the staff will come down on masks.

“We’re probably going to find the vast majority (of customers) are ready to see masks go away,” Molina said. “If people are ready to go all-out business as usual, we’re ready to do that as well.”

Paul Miller, owner of Gr8 Plate Hospitality which includes The Union Kitchen and Jax Grill restaurants, anticipates a gradual return to practices that existed before COVID-19.

“Our primary concern is for our staff and our guests, and while we certainly appreciate the opportunity to go back to 100 percent and the governor has removed the mask mandate, we are going to continue to uphold our safety and sanitation protocols as we slowly but surely move into this new phase of our business,” he said.

How the restaurant industry will negotiate that new phase wasn’t clear on Tuesday. While the Texas Restaurant Association celebrated Abbott’s announcement, it was quick to say that Texas restaurants must “remain vigilant so we do not slide backward.”

“Consumers will only go where they feel safe, and so restaurants must continue to be very thoughtful and implement the safety protocols that will enable them to maintain and build trust with their consumers and employees,” the association stated.

Yeah, that. It’s a thing I’ve been saying for months – you have to beat the virus if you really want to reopen. People will not want to patronize businesses if they don’t feel safe doing so. That as much as anything is why I would have expected a more gradual reopening, one that takes into account the fact that we still have a lot of vaccinations to administer, and still have a lot of people getting sick and going to the hospital. Just declare your intention to take the victory lap. What was the rush?

Personally, I’ve been eating at a couple of places that have outdoor seating, and also doing takeout. I will continue to do that for at least the next few months. The Chron’s Alison Cook is surveying restaurants around town to see what their response is; her initial story on that is here. Quite a few are currently planning to stay with what they’re doing now, which surprises me a little, but in a good way. I’ll be very interested to see how the wider public reacts. For the record, the subset of barbecue joint owners and brewery owners were not impressed and seem to be determined to keep doing what they’ve been doing for now.

School districts have a choice to make.

Local school boards will have the authority to decide whether to require students over the age of 10 to wear masks under current Texas Education Agency health guidance, after Gov. Greg Abbott announced Tuesday he was lifting the state’s mask mandate and reopening businesses at 100 percent capacity.

In the governor’s executive order, which takes effect March 10, he wrote that public schools “may operate” under minimum health protocols found in Texas Education Agency guidance, and that private schools and colleges are “encouraged to establish similar standards.”

Under the previous mask mandate, all students older than 10 were required to wear masks on school property.

TEA’s most recent guidance, issued in December, says that outside the soon-to-expire mask mandate, school systems “may require the use of masks or face shields for adults or students for whom it is developmentally appropriate.”

Houston and Fort Bend ISDs issued statements Tuesday afternoon saying they would continue to require masks and face coverings at all schools and district facilities.

“This requirement is consistent with the advice of health professional and guidelines from the Centers for Disease Control and Prevention,” HISD officials said in a statement.

We got a robocall from HISD Tuesday afternoon informing us of this. It’s the clear and obviously correct call, and as someone whose kids are attending school in person, I’d have been massively pissed if they had done otherwise.

Metro riders will need to keep their masks on.

Despite state officials loosening restrictions related to COVID, Metropolitan Transit Authority officials said requirements for face coverings on riders and employees will continue.

“Metro has no plans at this time to drop the mask requirement for people riding our system,” transit agency spokesman Jerome Gray said.

Since June, Metro has required masks for anyone using the system. Last month, the Federal Transit Administration issued guidance that all transportation providers — buses, trains, ferries and planes — prohibit anyone from riding without a mask.

For those who do not have a face covering and want to hop on a bus, Metro drivers will offer them a mask. Bus drivers and others have handed out 2 million masks along the Metro system, agency officials said.

Good call. This, not so much.

H-E-B will urge, but not require, customers to wear masks inside its grocery stores in Texas after Gov. Greg Abbott rescinded his statewide mask mandate Tuesday, the company said.

The grocer and retailer, however, will still require employees and vendors to wear masks in the stores.

“Although there is no longer a statewide mask order, H-E-B believes it is important that masks be worn in public spaces until more Texans and our Partners have access to the Covid-19 vaccine,” Lisa Helfman, the retailer’s local public affairs director, said in a statement.

I’ve already seen a few people react negatively to this on Twitter. I try to do my HEB shopping early in the morning, to avoid larger crowds. I may need to push it a little earlier now. Yes, we could order curbside – we have done it a couple of times – but I like the in store experience. Or at least, I have liked it. Don’t make me regret my choices, HEB.

What are your expectations? Will you avoid or patronize places that lift their mask requirements? The Texas Signal and Dos Centavos have more.

Teachers can get the COVID vaccine now

About time.

Texas teachers are now eligible for COVID-19 vaccines, health officials announced Wednesday.

Effective immediately, all Texas vaccine providers should include all school staff, Head Start program staff, and child care staff in their vaccine administration programs, according to a notice the Texas Department of State Health services sent to providers.

The notice comes after the Biden administration Tuesday urged all states to prioritize vaccinating teachers and school staff. Texas had not previously prioritized teachers. Texas received a letter from the U.S. Department of Health and Human Services Tuesday night directing it to expand eligibility, according to a DSHS news release.

Those eligible are “those who work in pre-primary, primary, and secondary schools, as well as Head Start and Early Head Start programs (including teachers, staff, and bus drivers) and those who work as or for licensed child care providers, including center-based and family care providers,” according to the federal directive.

State health officials said earlier this week that they expected to finish vaccinating older and most vulnerable Texans in the next few weeks and broaden eligibility to include more Texans by the end of the month.

That new group was expected to include teachers before Wednesday’s announcement, but officials have not said who else would be in that new “1C” group.

[…]

Educators and advocates have been begging the state to include teachers as it rolled out its vaccination program this winter and spring. After Abbott’s announcement Tuesday, several educator groups chastised him for removing the mask requirement without prioritizing teachers for vaccines.

“Abbott has shirked his responsibility to stick with medical advice and clarify what needs to happen to keep our schools safe. Every top health official has stressed that even with vaccinations we need to keep using the most simple tools to stop the spread,” said Zeph Capo, president of the Texas American Federation of Teachers, in a statement Tuesday.

If you want schools to be open – and you should want schools to be open, if they can open safely – then you need to make sure that everyone who works at those schools can get vaccinated. It’s pretty simple. Naturally, this took a nudge from the federal government for it to happen.

Dr. John Hellerstedt, who serves as commissioner for the Department of State Health Services, told the the Texas House of Representatives’ Committee on Public Health moments before the release was published that the change came after President Joe Biden announced Tuesday that he will direct states to prioritize teachers and school-based staff for vaccines.

“Right now we’re planning in Texas to see how we will bring that to functioning operation,” he said. “We are actively engaged in that as a priority item.”

About 30 states currently allow teachers to get earlier access to vaccines than the general public, Biden said Tuesday. Biden added that he was “directing” the remaining states to follow suit — though he did not specify what power he planned to employ to force the change — and announced he would use a federal pharmacy program to deliver vaccines to school employees and childcare workers.

“Not every educator will be able to get their appointment in the first week, but our goal is to do everything we can to help every educator receive a shot this month, the month of March,” Biden said.

The federal directive defined the people now eligible as “those who work in pre-primary, primary, and secondary schools, as well as Head Start and Early Head Start programs (including teachers, staff, and bus drivers) and those who work as or for licensed child care providers, including center-based and family care providers.”

Good thing the vaccine supply is increasing. It would be nice if most school districts continued to require masks for everyone, so that the teachers who can’t get a vaccine in the next week or so still have some protection. The Press has more.

We’ve got all kinds

Not the kind of distinction you want.

Houston is the nation’s first city to record every major variant of the novel coronavirus — many of which are more contagious than the original strain.

“The numbers of the major variants we have identified in our large sequencing study are disquieting,” said Dr. James Musser, who leads the team of experts at Houston Methodist Hospital behind the new finding. “The genome data indicate that these important variants are now geographically widely distributed in the Houston metropolitan region.”

It comes barely a week after the ever-evolving virus’ death toll in the United States passed the half-million mark, a grim figure that Musser and other experts believe will continue to increase unless Americans double-down on social distancing, masks and vaccination efforts.

Since the virus was first detected in the Houston region nearly a year ago, Musser’s team has sequenced more than 20,000 genomes of COVID-19. The most recent batch of roughly 3,000 genomes sequenced from patients who had tested positive for COVID-19 included variants from the United Kingdom, South Africa and Brazil.

Experts are still researching the new strains and the effectiveness of the Moderna and Pfizer vaccines. But there’s no reason to panic, said Dr. Wesley Long, a Methodist infectious disease expert who assisted with the study.

There is evidence that the Brazilian strain is more contagious and can infect those who have received the Pfizer or Moderna vaccines, Musser said.

But Long said the variations in vaccine effectiveness are minor and don’t detract from the overall goal of vaccines: to prevent severe illness, hospitalization or death.

“It doesn’t mean that (current vaccines) are useless,” he said. “That doesn’t mean that (the new strains) go through walls or defeat masks or that they change the way they are transmitted. All of the rules that we’ve used against COVID still apply.”

His advice: Continue to social distance and wear masks and get vaccinated as soon as possible — regardless of which brand is available.

Go tell that to Greg Abbott. He won’t listen, but at least you can say you tried.

Texas blog roundup for the week of March 1

The Texas Progressive Alliance prefers the old-fashioned “talk nonstop” filibuster to what we have now as it brings you this week’s roundup.

(more…)

Abbott lifts statewide mask mandate

Unbelievable.

Gov. Greg Abbott announced Tuesday that he is ending Texas’ statewide mask mandate next week and will allow all businesses to operate at full capacity.

“It is now time to open Texas 100%,” Abbott said from a Mexican restaurant in Lubbock, arguing that Texas has fought the coronavirus pandemic to the point that “people and businesses don’t need the state telling them how to operate” any longer.

Abbott said he was rescinding “most of the earlier executive orders” he has issued over the past year to stem the spread of the virus. He said starting next Wednesday, “all businesses of any type are allowed to open 100%” and masks will no longer be required in public. The mask requirement has been in effect since last summer.

Meanwhile, the spread of the virus remains substantial across the state, with Texas averaging over 200 reported deaths a day over the last week. And while Abbott has voiced optimism that vaccinations will accelerate soon, less than 7% of Texans had been fully vaccinated as of this weekend.

Texas will become the most populous state in the country not to have a mask mandate. More than 30 states currently have one in place.

Abbott urged Texans to still exercise “personal vigilance” in navigating the pandemic. “It’s just that now state mandates are no longer needed,” he said.

Currently, most businesses are permitted to operate at 75% capacity unless their region is seeing a jump in COVID-19 hospitalizations. While he was allowing businesses to fully reopen, Abbott said that people still have the right to operate how they want and can “limit capacity or implement additional safety protocols.” Abbott’s executive order said there was nothing stopping businesses from requiring employees or customers to wear masks.

[…]

Texans have been under a statewide mask mandate since July of last year — and they have grown widely comfortable with it, according to polling. The latest survey from the University of Texas and Texas Tribune found that 88% of the state’s voters wear masks when they’re in close contact with people outside of their households. That group includes 98% of Democrats and 81% of Republicans.

The absence of statewide restrictions should not be a signal to Texans to stop wearing masks, social distancing, washing their hands or doing other things to keep the virus from spreading, said Dr. John Carlo, CEO of Prism Health North Texas and a member of the Texas Medical Association’s COVID-19 task force.

Carlo declined to react specifically to Abbott’s order, saying he had not had a chance to read it. He also expressed concern that new virus variants, specifically the U.K. variant, could still turn back the positive trends cited by Abbott.

“We’re facing unacceptably high rates, and we still hear every day about more and more people becoming sick. And it may be less than before, but it’s still too many,” Carlo said. “Even if businesses open up and even if we loosen restrictions, that does not mean we should stop what we’re doing because we’re not there yet.”

It was clear from what Abbott said during President Biden’s visit that he was planning to take action to loosen restrictions. I was prepared for him to announce a step-down or a schedule or something more gradual. I did not expect him to just rip the bandage right off. I don’t know what to say, but Judge Hidalgo does, so let’s listen to her.

Harris County Judge Lina Hidalgo and Mayor Sylvester Turner slammed Gov. Greg Abbott Tuesday for allowing all businesses in Texas to fully reopen next week and lifting his statewide mask mandate, suggesting the governor timed the move to distract angry Texans from the widespread power outages during the recent winter storm.

“At best, today’s decision is wishful thinking,” Hidalgo said. “At worst, it is a cynical attempt to distract Texans from the failures of state oversight of our power grid.”

Turner said Abbott’s decision to rescind the COVID measures marked “the third time the governor has stepped in when things were going in the right direction,” a reference to the surges in cases, hospitalizations and deaths that ensued after Abbott implemented reopening guidelines last year.

“It makes no sense,” Turner said. “Unless the governor is trying to deflect from what happened a little less than two weeks ago with the winter storm.”

[…]

Before Abbott’s announcement, Hidalgo and Turner sent the governor a letter urging him not to lift his statewide mask mandate.

“Supported by our public health professionals, we believe it would be premature and harmful to do anything to lose widespread adoption of this preventative measure,” Hidalgo and Turner wrote, arguing the mandate has allowed small businesses to remain open by keeping cases down.

The disparity between Hidalgo and Turner’s concerns — that Abbott would simply lift the mask order but keep other restrictions intact — and his decision to fully reopen the state puts on full display the diverging messages Houstonians are receiving from their local Democratic leaders and the Republicans who run the state. While Hidalgo is telling residents to stay home and buckle down, Abbott is giving the green light for a return to normal life, albeit one where Texans govern themselves using “personal responsibility,” he said Tuesday.

We know how well that’s worked so far. The irony is that other parts of state government still understand what’s at stake:

I’d love to say that Abbott will suffer political blowback for this, but polling data is mixed and inconsistent.

Texas voters’ concerns about the spread of coronavirus are higher now than they were in October, before a winter surge in caseloads and hospitalizations, according to the latest University of Texas/Texas Tribune Poll.

Almost half of Texas voters (49%) said that they are either extremely or very concerned about the spread of the pandemic in their communities — up from 40% in October. Their apprehension matches the spread of the coronavirus. As cases were rising in June, 47% had high levels of concern.

Caseloads were at a low point in October, as was voter concern about spread. And sharp increases through the holidays and into the new year were matched by a rise in public unease.

Voters’ concern about “you or someone you know” getting infected followed that pattern, too. In the current poll, 50% said they were extremely or very concerned, up from 44% in October, and close to the 48% who responded that way in the June poll.

“The second, bigger surge seems to have had an impact on people’s attitudes,” said James Henson, co-director of the poll and head of the Texas Politics Project at the University of Texas at Austin. “In October, there was a trend of Republicans being less concerned, but this does reflect what a hard period the state went through from October to February.”

While their personal concerns have risen, voters’ overall assessment of the pandemic hasn’t changed much. In the latest survey, 53% called it “a significant crisis,” while 32% called it “a serious problem but not a crisis.” In October, 53% called it significant and 29% called it serious.

Economic concerns during the pandemic remain high. Asked whether it’s more important to help control the spread of the coronavirus or to help the economy, 47% pointed to the coronavirus and 43% said it’s more important to help the economy. In a June poll, 53% of Texans wanted to control the spread and 38% wanted to focus on the economy.

“The economy/COVID number is 2-to-1 in other parts of the country. Here, it’s almost even,” said Daron Shaw, a UT-Austin government professor and co-director of the poll. “What was a 15-point spread is now a 4-point spread.

So people are concerned about the pandemic, but also about the economy. Some of that may just be a reflection of the partisan split, but I have no doubt that Abbott thinks the politics of this are good for him, and that’s even before we take into account the distraction from the freeze. The scenario where he’s most likely to take a hit is one in which the numbers spike and a lot more people die. Nobody wants that to happen, yet here we are at a higher risk of it because of Abbott’s actions. It’s just enraging. So please keep wearing your damn mask, even after you get your shots. Wait for someone with more credibility than Greg Abbott to tell you it’s safe to do otherwise.

One more thing:

We both know how plausible that is. Texas Monthly, Reform Austin, the San Antonio Report, the Texas Signal, and the Chron has more.

An early analysis of the CD06 special election

Four your perusal.

Rep. Ron Wright

So, this is the part where I say the take I’ve had in my head since the seat opened up – Joe Biden should have won the district, and it was a fairly pathetic result to lose by 3. The district – a diverse, socially liberal seat without too many whites without a degree should have gone blue. What we can’t say with certainty, but I feel very confident about, is that Biden’s numbers with white voters and Beto’s numbers with Hispanics would have left the seat as a dead tie, because Beto outran Biden by 14% with Hispanics, and correcting that would move the seat left by about 3%. If Biden had managed to actually meaningfully advance off 2018 with college whites, the district is his, and honestly, it would be so fairly easily. That inability to convert those voters at the pace or speed that many expected, led by polls that just entirely missed reality, was a shock.

Given my prior beliefs – that rural whites and low propensity Hispanics won’t turn out like they did in 2020 – I feel pretty good in saying that the electorate that will vote on special election day (and in the weeks before) will be an electorate that would have voted for Joe Biden. I expect Tarrant to cast a greater share of votes this year than 2020, I expect the % of the electorate with a college degree to rise, and I expect Black voters in the district to be motivated to continue the arduous work of bailing out white America, because that seems to be the life that white America demands of them. That said, I don’t think Democrats are favoured – after all, the GOP did outrun Biden/Trump by 5% downballot.

There are three wrinkles in this conversation, which all matter. The first is that the widow is running, which could engender some sympathy from voters, making this election a harder data point to extrapolate from, and the second is a related point, which is that I have no idea who the Democratic nominee will be. I can’t pretend to be too eager to run the guy who managed to underrun Joe Biden by 5% again, but I’m not sure who would be better. Neither of those issues radically change my assessment of this race.

My first thought, from the moment the race unfortunately triggered, was that we would get a result better for Democrats than November 2020 and not good enough to credibly contend, in other words, a 3-5% loss with a couple of tied internals that gets certain parts of Twitter excited. That remains my prediction – something between the Presidential result and the House result, one that is good news for Democrats but not great news, or inarguably good for them. Again, I expect the GOP to win this seat. But I won’t be surprised if they lose it, because of the third wrinkle this race has seen.

The third wrinkle to this race – don’t worry, I hadn’t forgotten about it – is the song of fire and ice that Texas had to live with (and, in many places, is still living with). Or, maybe better, the song of ice and ice. The cold snap has exposed the state as woefully unprepared for huge amounts of snow, which leads to debatable positions on how southern states should prepare for freak snowstorms. That Texans got absolutely fucked by ERCOT, and are staring at 5 figure power bills that are a fucking disgrace, is not up for similar debate. This debacle – and the way that Democrats from AOC to Beto have stepped up to the plate, while Ted Cruz cut and run to Cancun – has the potential to sour people on the Texas GOP, especially if the threat of people actually having to pay those sorts of expenses is still hanging in the air on voting day.

Emphasis in the original, and see here and here for some background. Stephen Daniel, the 2020 candidate alluded to above, is not running, but 2018 candidate Jana Sanchez, who trailed Beto by about three points in 2018, is running. I agree that probably doesn’t matter that much, but for what it’s worth, I think it’s more that Ron Wright, who had previously been the Tax Assessor/Collector in Tarrant County, ran ahead of the GOP pack more than Daniel and Sanchez ran behind. That advantage likely transfers to Susan Wright, but it may vanish if she finishes out of the money. The filing deadline is today, so we’ll see how big and potentially chaotic this field will be.

More vaccines coming

Bring ’em.

The Food and Drug Administration approved Johnson & Johnson’s COVID-19 vaccine on Saturday for use in the U.S., the third vaccine to be approved since the pandemic began.

Texas could initially receive more than 200,000 doses, according to the Texas Department of State Health Services, but the agency hasn’t received a timeline for when they would arrive. The company has said it plans to ship 20 million shots in the U.S. by the end of March and an additional 80 million doses before the end of June.

Texas received about 1.5 million vaccine doses by Pfizer and Moderna this week, including doses that had been undelivered earlier in the month because of the winter storm.

Unlike those vaccines, Johnson & Johnson’s formulation is the first to only require one dose, and it can be stored at regular refrigeration temperatures. The others require two doses, and Pfizer doses must be stored at below-freezing temperatures.

[…]

Five million vaccine doses have been administered overall in Texas as of Feb. 25. That equals about 5.8% of the state’s population — a long way from the 70% to 80% that experts estimate is necessary to achieve herd immunity. It would require nearly 100% of adults to be vaccinated to reach those figures, according to census numbers.

Scientists are still monitoring how well vaccines prevent the spread of the coronavirus, and health officials advise those who are vaccinated to continue wearing masks, social distance and follow other COVID-19 safety guidelines.

Hopefully, the J&J vaccine will really kick this up a notch, since it only requires the one shot. But as always, it’s first a matter of supply, and just having another supplier should help. If J&J is delivering 80 million doses nationally by the end of June, that should be six or seven million for Texas. It’s all about the numbers.

PUC Chair resigns

The body count increases.

The chairwoman of the Public Utility Commission of Texas, the agency that regulates the state’s electric, telecommunication, and water and sewer utilities, resigned Monday, according to a resignation letter provided to the Texas Tribune.

The Gov. Greg Abbott-appointed commission came under public criticism in the aftermath of Texas’ power crisis that left millions of people in the dark for days and claimed the lives of dozens.

On Monday, Lt. Gov. Dan Patrick called for PUC chairwoman DeAnn Walker and Electric Reliability Council of Texas CEO Bill Magness to resign.

[…]

Lawmakers began to call on the commissioners to resign Thursday after hearing testimony from Walker, who took little responsibility for the crisis during the house and senate committee hearings on the power outages. Rep. Jared Patterson, R-Frisco, wrote on Twitter that he has “zero confidence” in her after the Thursday hearings and that she “must” resign.

Walker came under fire during questioning for not doing more to prevent the crisis from occurring. Lawmakers probed how much information she had on whether the state’s power system could withstand winter storms, and questioned why she didn’t raise concerns about the possibility of outages sooner.

Walker, during her testimony to lawmakers last week, largely deflected blame to ERCOT and Magness, who testified in front of state senators on Thursday before Walker did.

“You know, there’s a lot of things Bill said about our authority over them that I simply disagree that that’s how it’s actually playing out in real life,” Walker told lawmakers.

But lawmakers countered that she leads the regulatory agency with the oversight of the power sector: “When you say you don’t have authority,” said state Sen. John Whitmire, D-Houston, “I’ve got you down as a pretty powerful person.”

Walker said the commission has “not been given legal authority by the Legislature to require winter weatherization,” a primary concern after the power crisis was precipitated by power plants tripping offline. Many power generators are not built to withstand extreme cold weather temperatures in Texas.

Walker deflected blame to ERCOT, the entity her agency oversees, and added of winterization: “It costs a lot of money.”

In her resignation letter to Gov. Abbott, Walker said she was resigning because she believed it to be in the best interest of the state. She also pushed back on criticisms that she did not take responsibility for the outages.

“I testified last Thursday in the Senate and House and accepted my role in the situation,” Walker wrote.

She went on to call on others, including the Railroad Commission, ERCOT, the Legislature, gas companies, electric generators and other industry players to “come forward” to acknowledge how their actions contributed to the power crisis — all of them, she wrote, “had responsibility to foresee what could have happened and failed to take the necessary steps for the past 10 years to address issues that each of them could have addressed.”

See here for why we all needed more focus on the PUC and its all-Greg-Abbott-appointed board. I didn’t write about Walker’s testimony before the Senate, but the reaction was swift and unsurprising. I’m not going to defend De Ann Walker, but all this is a little precious given the warning the state got 10 years ago and the Legisnature’s steadfast refusal to take any action in response. It’s right for the Lege to call out ERCOT and the PUC and hold them accountable for their failures, but who’s going to do the same to the Lege and Greg Abbott and Dan Patrick and the Railroad Commission? That’s on us, and if we’re not still paying attention next year when we get the chance to exert that authority, we’ll let them get away with it again. The Chron has more.

Paxton sues Griddy

Bandwagon time.

Texas Attorney General Ken Paxton filed a lawsuit Monday against electricity retailer Griddy, claiming it misled customers using deceptive business practices after some customers reported bills costing tens of thousands of dollars.

These charges were incurred during Texas’ devastating winter storm that nearly shut down Texas’ electrical grid and sent energy demand skyrocketing. The lawsuit targets Griddy’s auto-billing system, which began drafting money out of customer’s accounts as the bills rolled in.

“Griddy misled Texans and signed them up for services which, in a time of crisis, resulted in individual Texans each losing thousands of dollars,” Paxton said in a statement. “As Texans struggled to survive this winter storm, Griddy made the suffering even worse as it debited outrageous amounts each day.”

Paxton noted this is the first lawsuit his office has filed against power companies after the widespread outages two weeks ago. A Houston-based law firm accused the company of price gouging and filed a separate class-action lawsuit last week.

[…]

Griddy customers paid a $10 monthly membership and in turn were passed wholesale power prices. These prices fluctuate but usually are cheaper than retail prices. However, unlike fixed-rate electricity plan users, Griddy customers are susceptible to market changes due to increased demand or reduced supply.

Paxton’s lawsuit claims the company understood the risk this posed to customers but misled them through its marketing.

Some customers have reported bills costing thousands of dollars, some surpassing $15,000. The retailer places the blame for the exorbitant prices on Texas’ Public Utility Commission, saying they were due to the commission jacking up wholesale prices.

See here for more on the previous lawsuit. I think that actin has some merit, but Paxton jumping in at this point has definite Claude Rains being shocked to discover gambling at the casino vibes to it. I mean, it’s not as if that risk hasn’t been there for customers since Griddy’s inception. It’s well within the power of the AG to sue over false or misleading advertising even before any actual harm is inflicted. This is what I meant when I said that the real problem here was that the system worked as designed.

Also, too: How do you think the cross-examination will go after Griddy’s lawyers call Dan Patrick to the stand to testify about his assertion that people should have read the fine print in their contracts?

Not sure what effect this will have on the proceedings, but we technically don’t have Griddy to kick around any more.

The state’s grid manager effectively shut Griddy down after the retail power company failed to make a required payment.

Griddy, which offers customers access to wholesale prices, gained notoriety for billing customers in the thousands of dollars when wholesale prices skyrocketed during the recent weather-driven power crisis. The Electric Reliability Council of Texas, or ERCOT, barred the company, headquartered in California, from participating in the state’s power markets.

Griddy said Monday that it asked the Electric Reliability Council of Texas, or ERCOT, for emergency help on Feb. 16 after the Public Utility Commission mandated that wholesale prices rise to the state maximum of $9,000 per kilowatt hour, where they stayed for days.

That cost, which passed through to Griddy customers, is equivalent to $9 per kilowatt hour on residential bills, compared to a typical 9 cents to 10 cents per kilowatt hour in fixed retail plans.

Griddy said ERCOT did respond to its plea for help. ERCOT “ decided to take this action against only one company that represents a tiny fraction of the market,” Griddy said.

A spokeswoman for ERCOT said the grid manager did work with Griddy, but could not discuss details because of confidentiality rules.

What do you suppose are the odds that Griddy will file its own lawsuit against ERCOT?

How will Biden handle judicial nominations in Texas?

Damn good question. He’s got to get better results than President Obama did.

Rep. Eddie Bernice Johnson

A potential showdown looms over Texas appointments after the White House tapped Rep. Eddie Bernice Johnson, a Dallas Democrat, to lead judicial vetting efforts that have traditionally been handled by the state’s Republican senators.

The arrangement, while not unprecedented, may foreshadow bruising partisan battles in the coming months over lifetime appointments to the bench, as well as key U.S. attorney spots.

House members have no defined role in that confirmation process, which instead works through the Senate. But there is an inherent tension in Texas these days: Democrats control the White House and Senate, while Texas Sens. John Cornyn and Ted Cruz are stalwart conservatives.

Johnson, a 15-term lawmaker who said the White House had tasked her to work with other Texas Democrats, channeled years of Democratic complaints that the GOP has stiffed them on judicial nominations by saying there is now “some expectation from our delegation that we have input.”

“It worked very well under Sen. [Phil] Gramm and Sen. [Kay Bailey] Hutchison,” she explained, referring to the two Texas Republicans who preceded Cornyn and Cruz in the Senate. “It hasn’t worked as well under Sen. Cornyn and Sen. Cruz.”

Cornyn and Cruz have pushed back on Democrats’ criticism that they’ve slow-walked the process under Democratic presidents and pressed fast-forward under GOP ones.

But the big question now is whether President Joe Biden and other Democrats — including Sen. Dick Durbin, the new chairman of the Senate Judiciary Committee — will really play hardball with the Texas Republicans by ignoring traditions designed to protect senators in the political minority.

[…]

There’s still the real potential for clashes in Texas over judicial nominations, though it could take some time for those disputes to materialize. While a new slate of U.S. attorneys will need to be dealt with relatively soon, there are currently no vacancies on the federal bench in Texas.

Much of the ongoing tension can be explained by how the status quo came about on Texas’ four district courts and the 5th Circuit Court of Appeals, the appellate court that covers the state.

Trump — working with Kentucky Sen. Mitch McConnell, the top Republican in the Senate — made federal judges a centerpiece of his four years in the White House, confirming them at a far faster pace than his predecessors, both Democrats and Republicans.

In Texas, Trump-appointed judges now comprise a plurality on the lower federal courts.

With a Republican in the White House and a GOP-run Senate, Cornyn and Cruz didn’t really need to seek input from Texas Democrats. Johnson, while saying she respects that the senators “are the senators,” fumed that “we didn’t even get a question or a call” over the last four years.

But the bigger Democratic complaint has centered on why Trump had so many vacancies to fill in the first place.

Democrats have long ripped Republicans for grinding judicial confirmations to a crawl after the GOP won the Senate in the latter stages of former President Barack Obama’s tenure. Trump often reveled in the vacancies he inherited, much to the chagrin of liberals in Texas and beyond.

“While we were able to find some very good judges, overall I don’t think the process worked very well,” said Christopher Kang, who oversaw the judicial nomination process under Obama. “Sens. Cornyn and Cruz were very challenging to work with, were very slow to work with.”

I’ve already discussed the US Attorney situation, which was an exercise in slow-walking in 2009-2010. I suppose it can serve as a way for Cornyn and Cruz to demonstrate that things will be different this time, but I see no reason to give them the benefit of the doubt. I say the Senators are welcome to put forth whatever names they want to, and if they’re sufficiently qualified and suitable, they can get in the queue alongside the nominees that Rep. Johnson and others provide. Otherwise, they can sit back and vote on the nominees like any other Senator, assuming that doesn’t conflict with Sen. Cruz’s busy travel schedule.

Has Ken Paxton been lying about his travel schedule?

Would anyone be surprised if he had been?

Best mugshot ever

When the media reported that Texas Attorney General Ken Paxton had flown to Utah with his wife in the middle of the state’s power crisis last week, Paxton called it a business trip that had been planned in advance.

Now a group of whistleblowers from his office who sparked an FBI investigation of Paxton are casting doubt on Paxton’s explanation.

In court records filed Friday, the whistleblowers say the attorney general had told a Travis County judge he could not appear at a hearing in their case because he was scheduled to be in Austin on Feb. 18 for a House appropriations committee hearing. The committee later canceled the hearing because of the state’s weather disaster.

Instead, the spokesman for Utah Attorney General Sean Reyes said Paxton met with Reyes on the afternoon of Feb. 19 and again on Feb. 21, as first reported by The Dallas Morning News. Paxton has not said when he arrived in Utah; he returned on Feb. 23.

“This begs the question: did Paxton pre-plan his Utah trip with plans to skip his legislative testimony, the hearing before this Court, or both?” the whistleblowers’ attorneys wrote in a filing Friday. “Or was Paxton simply lying to Texans about his trip to Utah having been pre-planned?”

See here for background on the Paxton travel situation, and here for the most recent update about the whistleblower lawsuit. It’s nice having a group of people who know Ken Paxton and his bullshit inside and out who are so motivated to call him on it. Other than adding to the public store of data about Ken Paxton’s dishonesty and lack of character, it’s not clear to me what effect this has on that lawsuit. The reason for asking to move the hearing was presumably legitimate, and for sure it would not have been heard on the original date once the committee meeting was canceled. I expect this is just to impugn Paxton’s credibility in the lawsuit, and to that extent it works as intended. The dude just can’t help himself. Reform Austin has more.

Why is Greg Abbott doing so little to help Texas recover from the freeze?

If this Politico story doesn’t make you mad, then either you’re a Greg Abbott shill or you really need to check your priors.

Assessing the effectiveness of disaster response is a famously fraught political game. What looks like a master class in bureaucratic crisis management from inside an emergency operations center can seem laughably insufficient to the people bundled in blankets outside an overwhelmed food bank. But all sorts of Texans, from shivering private citizens to frustrated public officials, say that Texas’ state leaders failed them.

In the face of a monstrous storm Abbott’s response was tepid, at best. He didn’t deploy the National Guard in any sizable numbers before, during or after the storm. There are no state aid facilities handing out water or food. In his Feb. 13 letter to Biden, Abbott asked for direct financial assistance and help with emergency services. Normally, governors, including Abbott, request military help, money for local governments and hazard mitigation to make sure properties are habitable, and even social services. But not not this time. His request was comparatively minuscule. His office in Austin did not respond to a request for comment.

The storm revealed an uncomfortable power-play between GOP leaders in Austin and their mostly Democratic counterparts in the state’s big cities. In Texas, examples of local autonomy routinely run afoul of a governor who jealously guards his prerogatives to override everything from plastic bag bans to mandatory mask orders. But when the cities are in crisis, the sense is that it’s their problem to sort out, not his. Millions of Texans have nearly frozen in the dark and have been on a boil-water notice, without running water in days.

“The state government must provide emergency assistance to repair water infrastructure, or we risk millions being without water for a week,” Julián Castro, the former San Antonio mayor and housing secretary, pleaded on Twitter. Abbott “failed to prepare for this storm, was too slow to respond, and now blames everyone but himself for this mess.”

[…]

In his Feb. 13 letter to Biden, it was what the governor didn’t ask for that stuck out. He asked for no military help with logistics or aid distribution. He didn’t ask for disaster unemployment insurance, money for local governments, not even hazard mitigation for damaged homes, not even food or water. He asked for no military assistance. Abbott asked only for direct financial assistance for individuals and help keeping emergency services going until the storm passed.

In sharp contrast, Abbott asked for and got massive federal help before Hurricane Harvey even came ashore in August 2017. At his request, FEMA pre-positioned people and supplies, linking up with the Texas Emergency Management Agency, bringing in over 1 million meals, 3 million bottles of water, blankets and cots, and providing medical services to more than 5,000 Texans. The federal government even brought in 210,000 pounds of hay for livestock, according to FEMA’s 2017 after-action report. The Air Force flew 30 missions, mostly ferrying supplies. Abbott activated all 30,000 members of the Texas National Guard. But none of that happened this time.

Abbott was in a different political situation. On the one hand there was a Democratic president in office, not his old ally Donald Trump. On the other hand, Abbott’s biggest threat, as he prepares to run for reelection in 2022 and possibly the presidency in 2024, isn’t to his left but to his right. Florida transplant Allen West chairs the Texas GOP and is even calling for secession.

“My sense is that Abbott is calibrating his relationship with a Democratic president,” said James Henson, a political scientist at the University of Texas at Austin. Despite the human toll, Abbott, say, doesn’t want ads in 2022 portraying him as hat-in-hand to Biden. “The Republicans just want to do the bare essential here, and they don’t want to do too much. Plus, Abbott doesn’t want this storm to be the focus of another news cycle.”

“Federal assistance is needed to lessen the threat of disaster, save lives, and protect property, public health and safety,” he wrote to Biden without mentioning the long tail of the storm, prolonged lack of water, and the likelihood of continuing financial turmoil about how to pay bills as simple as essential as next month’s rent. And potentially worse: the rising specter of hunger in the poor parts of San Antonio and all of South Texas.

With little help from the state, the aid task has fallen on the local government, private citizens and local charities. Bexar County here was one of dozens forced to issue boil-water notices. Now, the city is still distributing water bottles for 14 days straight. Firefighters and fire department cadets loaded 31 pallets in cars at the parking lot of Our Lady of the Lake University on Sunday, Feb. 21.

“We still have lots of people without water,” said the firefighter in charge, who would only identify herself as Bertha. “As long as I’ve been alive, I’ve seen nothing like this.”

[…]

So, FEMA has shipped generators, for example, but there is little need for them now that the power is back on. The usual National Guard and active military response is almost completely absent. At FEMA’s direction, the Air Force has been ferrying water from Joint Base Charleston, S.C. and Joint Base Travis, Calif., aboard C-17s to Texas, according to military officials. Marines in Fort Worth and Army troops here in San Antonio have handed out water on the order of local commanders. But that’s it. That’s all the military help there is.

Asked if the lack of military help, which was out in force during Ike and Harvey before, wasn’t coming because the governor hadn’t asked, a Defense Department official sheepishly responded: “I didn’t want to say that but yes. Usually, the governor asks for help.”

Critics of the governor see Abbott’s political ambitions at play. He is running for reelection and said to be eyeballing a presidential run. And so, the less he asks of the federal government the more he can claim in 2022 or 2024, that he doesn’t ask Washington for help. He can’t seem beholden to Washington, pressed from his right by hard-liners West, or his powerful right-wing lieutenant governor, Dan Patrick.

“Abbott doesn’t want to be seen with both hands out to the government,” said Henson, at the University of Texas. “If Republicans can get away with doing the bare minimum, they can have their cake and eat it, too.”

Absolutely infuriating. I didn’t know any of this before I read this story, and as much as I can’t stand Greg Abbott, it had never occurred to me that he wouldn’t ask the feds for all the help he could get. I still can’t quite fathom it. However angry you are at Greg Abbott, you need to be angrier, and you need to make sure everyone you know is angry at him. This cannot stand.

Please don’t take your mask off yet

Seriously, what’s the rush?

Gov. Greg Abbott said Thursday that Texas is looking at when it will be able to lift all statewide orders related to the coronavirus pandemic and that an announcement is forthcoming.

Abbott made the comments at a Corpus Christi news conference where he was asked when the statewide mask mandate would end as Texans continue to get vaccinated. That requirement has been in effect since July.

Abbott called it a “great question.”

“We’re working right now on evaluating when we’re gonna be able to remove all statewide orders, and we will be making announcements about that pretty soon,” Abbott said, without giving a specific time frame.

[…]

The Centers for Disease Control recommends that people who have received two doses of the vaccine continue to avoid crowds, stay at least 6 feet away from people who live outside their households, and wear masks to cover their nose and mouth.

Dr. Anthony Fauci, the nation’s top infectious-disease doctor, has repeatedly said that he does not know when Americans will be able to return to normal, but that they may still need to continue wearing face masks into 2022.

Note that at this point about five percent of Texans total have been fully vaccinated. We need to get to over 70% to achieve something like herd immunity. Maybe Abbott is speaking of some hypothetical date well into the future to lift the mask mandate, but he deserves no benefit of the doubt. Why do we always have to learn these lessons the hard way? There’s absolutely no reason to rush this. The Chron and the San Antonio Report have more.

The CD06 field is already big

Pretty common for this kind of special election.

Rep. Ron Wright

The race to replace the late U.S. Rep. Ron Wright, R-Arlington, has already attracted a crowd of candidates — and more are expected in the coming days.

Even before Gov. Greg Abbott announced Tuesday that the special election would be May 1, Democrats and Republicans were lining up for the seat, and as of Wednesday, at least 10 contenders had entered the contest. They range from the obscure to well-known, most notably including Wright’s widow, Susan Wright, who made her bid official Wednesday morning.

The filing deadline is a week away — 5 p.m. March 3.

The district has been trending Democratic in statewide results, though Ron Wright won his races comfortably, and national Democrats are now faced with the decision of how hard to push to flip the district in the special election. Last year, the Democratic Congressional Campaign Committee targeted 10 GOP-held districts in Texas — including Ron Wright’s — and captured none of them.

Still, some Democrats see opportunity.

The district “fundamentally changed as the Republican Party has changed,” said one of the Democrats running, Jana Lynne Sanchez, the 2018 nominee for the seat.

For Republicans, the race could turn into a referendum on the direction of their party after the presidency of Donald Trump, who has connections to at least two potential contenders. So far, though, much of the discussion on the GOP side of the contest has centered on the candidacy of Susan Wright, who starts off as the most formidable-looking candidate and was already collecting endorsements Wednesday.

[…]

On the Democratic side, the first to declare was Sanchez, who faced Ron Wright for the congressional seat when it was open three years ago and lost by 8 points. When Sanchez announced her special election campaign on Feb. 16, she said she had already collected $100,000 for the race.

“I am the only candidate who will be able to raise the money that’s necessary,” she said in an interview.

Sanchez was followed by fellow Democrats Shawn Lassiter, an eduction nonprofit leader in Fort Worth, and then Lydia Bean, the Democratic nominee last year against state Rep. Matt Krause, R-Fort Worth. Lassiter, who was previously running for the Fort Worth City Council, released a launch video Wednesday morning in which she speaks directly to the camera, inside a powerless home, about the leadership failures that led to the Texas winter weather crisis last week.

A fourth Democratic candidate, Matthew Hinterlong of Dallas, filed FEC papers for the seat later Wednesday.

See here for the background. The Republican side includes Susan Wright, Jake Ellzey, Sery Kim, and the two guys you’ve never heard of, Mike Egan and John Anthony Castro. Multiple others may join in, such as Katrina Pierson, Brian Harrison, Arlington Mayor Jeff Williams, and Manny Ramirez, president of the Fort Worth Police Officers Association. Having that many Republicans in the race eases my fear somewhat about multiple Dems splitting the vote too finely for any of them to make it to a runoff, but it does not alleviate it altogether. As to whether the DCCC or other national groups get involved, I’d be hard pressed to imagine them sitting it out in a D-versus-R runoff, but they may very well keep their powder dry until then. We’ll see how big this field gets.

Weekend link dump for February 28

Note: Because of the chaos of last week, I was never able to collect links like I usually do. So, the handful that I had that I was originally going to post last Sunday are here with the ones for this week.

“HuffPost spoke to nine children of QAnon believers in seven states, ranging in age from 19 to 46. Some are desperately trying to deradicalize their moms and dads — an agonizing process that can feel maddening, heartbreaking and futile. Others believe their parents are already too far gone and have given up trying to help them. A few have made the painful decision to cut off contact entirely, for the sake of their own mental health.”

This Politico story about the QAnon Casualties Reddit board is along those same lines.

I’m glad to see that Shelley Duvall is alive and well and living in a community that cares for her. She deserves it.

“Happy Anniversary to the Best Accidental Headline in Christian Newspaper History”.

“House Speaker Nancy Pelosi said Monday that Congress will establish an independent, Sept. 11-style commission to look into the deadly insurrection that took place at the U.S. Capitol.”

“American anti-majoritarians have always promised that minority privilege will deliver positive results: stability, sobriety, the security of the public debt, and tranquil and peaceful presidential elections. But again and again, those promises have proved the exact opposite of reality. In practice, the privileged minority has shown itself to be unstable and unsober.”

“With Trump out of office, this group of researchers is now working to make sense of the deluge of data that they’ve collected from platforms such as Twitter and Facebook. It’s been a lesson in modern populism: a world leader amplified once-obscure conspiracy theories, with each tweet and retweet strengthening the ideas and emboldening their supporters. Now, researchers are retooling to understand — and prepare for — what comes next.”

“Working for the Trump hotel meant putting on a performance every night—right down to the gummy bears and popcorn.”

“Scientists have recovered DNA from mammoth fossils found in Siberian permafrost that are more than a million years old. This DNA—the oldest genomic evidence recovered to date—illuminates the evolutionary history of woolly mammoths and Columbian mammoths. It also raises the prospect of recovering DNA from other organisms this ancient—including extinct members of the human family.”

There’s a disclaimer at the beginning of The Muppet Show episodes on Disney+, because as my friend Therese notes, it’s a 40-year-old show and some things that were funny or at least not remarkable in the 70s are not so today. Deal with it.

The snow truthers of TikTok.

I don’t know when lying stopped being a sin. It’s still in my Ten Commandments.

“Ah, those delightful Germans! Always with the single word that describes a very specific thing that any normal language would never have a single word to describe! Well unsurprisingly, the Hamsterkauf was just the Eisbergspitze. Over the past year, German has coined some 1000-plus new terms endemic to the Now Times — ironic capitalization, by the way, being an annoying method that English-speakers use to create new language.”

“The world is a bit bleak at the moment, so we decided to get a little nerdy this week and dive into an entirely new frontier. So grab a bowl of your favorite Klingon cuisine and a barrel of blood wine, because we’re exploring something a bit different: the Klingon language and its interesting impact on modern pop culture.”

“Over the next five-plus years, I learned a lot about covering national politics. Some lessons came the hard way: By being really wrong. So now that we’re about a month into a new presidential administration, I’m trying to keep those lessons front and center.”

“Federal judges are at risk. What are we going to do about it?”

The law is coming.

“Using social media, people across the state are volunteering their time and digital expertise to help others navigate the complicated and confusing web of allocation lists, websites, phone numbers, and seemingly endless waiting lists that make up Texas’s COVID-19 vaccine distribution plan.”

“Is it Mr. Potato Head or not?”

You too can help beloved MAD Magazine artist Al Jaffee celebrate his 100th birthday, but you will have to act quickly.

Biden’s visit to Houston

It’s so nice to have a normal, functional person as President, isn’t it?

President Joe Biden

President Joe Biden, in his first trip to Texas since taking office, toured Houston on Friday to size up the aftermath of the state’s recent winter weather crisis and promote the national coronavirus vaccination campaign.

“We will be true partners to help you recover and rebuild from the storm and this pandemic and economic crisis,” Biden said during a late afternoon speech outside NRG Stadium, the site of a vaccination mega-center. He promised his administration is in it “for the long haul.”

Biden hailed the mega-center — one of three federally backed mass vaccination clinics in Texas — as a key part of his strategy to have 100 million vaccine doses administered in his first 100 days in office. The country reached the halfway mark Thursday.

“The more people get vaccinated the faster we’ll beat this pandemic,” Biden said, reassuring Americans that the vaccines are “safe and effective” and cautioning that it is still “not the time to relax” measures such as social distancing and mask-wearing.

Gov. Greg Abbott, who joined Biden in Houston, said Thursday his office is looking at when it could lift all statewide orders related to the pandemic. That would include the statewide mask mandate that Abbott issued last summer. He said an announcement could be coming “pretty soon.”

Biden on Friday spoke from a parking lot outside the stadium, in front of a FEMA trailer and a row of health care workers who administer vaccines.

[…]

On the flight to Houston, Elizabeth Sherwood-Randall, Biden’s deputy national security adviser, told reporters there is a need going forward for the federal government, states and the private sector to incentivize building the “kind of resilient infrastructure that we can truly depend on in the future.” Sherwood-Randall avoided prescribing specific proposals for Texas but noted the state made the decision to have its own grid and that meant that it lacked the “kind of backup in terms of supply or generation capability that they needed to have in this crisis.”

Before Biden spoke near the vaccination facility, he toured the Harris County Emergency Operations Center, where the county judge, Lina Hidalgo, explained how the building “has been our home away from home for five months” — first due to the pandemic and then during the winter freeze. Biden told officials they have a “hell of an operation here.”

“It’s probably the best one in the country,” the president said, according to a pool report. “You’re saving peoples’ lives. As my mother would say, you’re doing God’s work.”

As Biden saw the Emergency Operations Center, First Lady Jill Biden and Cecilia Abbott volunteered at the Houston Food Bank, packing bags for a program that provides food to students on weekends who depend on school meals during the week. After the president was done at the Emergency Operations Center, he met up with his wife to tour the food bank and meet with volunteers.

Politically, the trip marked Texas Republican leaders’ first face-to-face encounter at home with a new Democratic president whose policies they have vowed to resist. And Biden is aware — during a virtual meeting with a group of governors Thursday, he told Abbott, “I don’t want to ruin your reputation, but I look forward to coming down tomorrow, to Houston, to be with you.”

See here for the background. As noted in the story, Sen. Cornyn was with Biden and Abbott in Houston, while Sen. Cruz was not, as he did not ask to be. I think we can all agree that that was for the best. I don’t know what President Biden would have said if someone had asked him about Abbott’s eagerness to lift the statewide mask mandate, but allow me to roll me eyes and heave a sigh of despair in his stead. Biden’s willingness to be a partner in the recovery is admirable and welcome and of course should be exactly what we expect, but it appears to be a one-way street. I’ll get to that in another post. I will say this much: Someone needs to be spending a few million dollars here in Texas highlighting what the President is doing to help not only the COVID vaccination effort but also the freeze recovery effort, to make sure that the credit goes where it belongs. Those approval ratings aren’t going to maintain themselves. The Chron has more.

Vaccination progress

Making progress.

One in eight Harris County residents 16 and older have received at least one dose of the COVID-19 vaccines, according to state and local data.

A Chronicle analysis found that the first dose of the Pfizer-BioNTech or Moderna vaccines have gone to 12.4 percent of the county’s population in that age range, or 447,861 people.

That number is expected to rise as the Federal Emergency Management Agency opens a vaccine supersite in Houston at NRG Park. The site can vaccinate 42,000 people per week, targeting residents in high-risk ZIP codes.

Federal regulators are also likely to authorize the Johnson & Johnson COVID-19 vaccine, boosting vaccine supply at a critical time, when some say the inventory does not match demand. On Wednesday, the U.S. Food and Drug Administration said it had reviewed the pharmaceutical giant’s trial data and determined it was consistent with the recommendations of the emergency use guidelines.

That’s about nine percent of the total population in Harris County, and a bit less than half of these people have gotten both dose. With the one-shot Johnson and Johnson vaccine on its way, we should really make a dent in the numbers quickly.

The super sites should help, too, even if people had to wait longer than they expected on the first day.

Lauren Lefebvre, regional director for the Federal Emergency Management Agency, said late Wednesday that there were a variety of reasons for the delays. Some people had issues with the electronic codes required to check in for appointments, and officials may tweak some of their procedures to decrease the amount of paperwork required to enter.

Traffic issues were further exacerbated by cars arriving early or late. Lefebvre said FEMA expects to add more workers in the coming days, and some of the traffic routes could change around the stadium to ease the flow of cars trying to enter.

The city and county have made vulnerable populations — including the unhoused, and those without Internet or the ability to travel — a focal point of their pandemic response. The NRG site is drive-in only, which has raised concerns about equitable access.

Houston Health Department Director Stephen Williams added that the NRG site is only one part of the city’s broader vaccination efforts, and will open up availability for “other providers, many of which are located in hard-hit areas but have been unable to keep up with demand.

“Of course we’re trying to target those individuals who are most vulnerable, but (NRG) is not exclusively for individuals that are most vulnerable,” he said. “Having an additional 6,000 slots to see people is a really good thing for Houston and Harris County — and we don’t want to minimize the value of that — but it isn’t everything.”

Yes, more is still needed. But we’re way ahead of where we were in January, and the curve is sloping upward.

The freeze effect on farmers

As you might imagine, single digit temperatures are not good for agriculture.

Well before the sun finally broke through the cloudy and icy haze in Texas’ Rio Grande Valley last week, Dale Murden knew he was in for a bad spell.

After a few days of clearer skies and warmer weather let him assess the damage to his grapefruit orchard in Harlingen more closely, the South Texas citrus grower confirmed his fears.

“As time goes on, it’ll start to look worse,” said Murden, who is also the president of Hidalgo County-based Texas Citrus Mutual.

The winter storm that paralyzed Texas for days last week is going to have lasting effects on Murden and his fellow citrus growers in the Rio Grande Valley after the extended freeze killed millions of pounds of citrus. The storm also brought the state’s dairy industry, concentrated in the Panhandle, to a near standstill when widespread power outages halted processing.

Though it’s still too early to put a dollar amount on the losses, industry leaders are urging patience as they try to restock grocery shelves.

“As a grower, I would appeal to consumers to stick with us and, when we do get back on the shelf, please support us,” Murden said.

The 20-year annual average for grapefruit produced in the Rio Grande Valley is about 460 million pounds, Murden said. More than half of this year’s yield will be lost after the storm, and Valencia oranges, which are considered late-season harvests, will be nearly a total loss, he added. The damages will extend into next year because the freeze also damaged citrus blooms that would become fruit for the next season’s harvest.

“This will last well into 2021 and 2022,” he said. “The ability for Texas grapefruit growers to get it to your shelf right now is zero until we start growing a crop.”

The effects on the state’s dairy industry will be shorter, but the duration will depend on how quickly milk and other products can be processed, said Darren Turley, the executive director of the Texas Association of Dairymen. Most of Texas’ livestock survived the harsh weather, he said, but a loss of power meant processing and production was at a standstill and will need time to recover.

Turley said Panhandle livestock are used to severe winter weather, “But our natural gas was turned off and so much of our processing relies on that.”

It was reported during the freeze that a lot of milk was being dumped by dairy farmers (who still had to milk the cows because otherwise they stop producing) because there was no power for them to process it. Unlike the citrus growers, their supply should bounce back pretty quickly.

More from the Chron.

The kids in sweaters pix were cute, tho

Constant Ngouala pulled carrots from the ground on his farm, a Plant It Forward site in Southwest Houston, and held up the intact bunch victoriously for his team to see. The vegetable is one of the few that survived the winter freeze in Texas last week. Ngouala lost 80 percent of his crop.

In the raised beds around him, vegetation was wilted to the ground, some slimy and still wet from the snow and freezing rain, others dried and a lifeless shade of brown.

This is a familiar scene on farms across Texas after the historic February storm. The state was plunged into darkness as temperatures dropped in the teens, leaving millions without power, heat or water for days. On farms and ranches, the freeze decimated crops and killed or hurt livestock.

The Plant It Forward team had prepared for the storm, harvesting everything they could the weekend before. Some crops were ready, others weren’t quite but could still be sold. What remained in the ground was protected by frost cloth or mulch for insulation.

Ngouala and his teammate Guy Mouelet lifted a tarp on Saturday to assess damage. It wasn’t long enough to cover the bed’s whole length. Small, just-emerging heads of romaine lettuce were still bright green under the cloth, but browning around the edges outside it. Ngouala thinks the onions, radishes and other root vegetables that were underground during the freeze will be fine, but he has to wait for them to sprout up to confirm.

Liz Vallette, president of Plant It Forward, said even though the farm lost a lot, she had expected it would be even more dire. The damage is worse than Hurricane Harvey, but the 2017 storm prepared them well for this.

They were in good spirits that day, but there was work to do. Ngouala has to clean his beds and replant with spring crops as soon as possible in order to have cash flow 30, 40, 50 days from now.

[…]

Within the larger food system, shoppers will feel the freeze’s effects at the grocery store in the weeks to come.

“Prices for consumers are going to go up, there’s no question,” said Texas Department of Agriculture communications director Mark Loeffler. “The vast amounts of gaps that have been caused in the food supply chain are pretty amazing.”

Loeffler said significant impacts could last between six to eight weeks, depending on the industry. Some sectors’ long-term recovery could take months or years.

In the same way that this past year has been a great and necessary time to support your local restaurants, this is a great and necessary time to buy your food from local farms as much as possible. Check out the labels, visit a farmers’ market or two, and buy from local growers. We’re all in this together.

Biden starts with decent approval numbers in Texas

Keep it up.

President Joe Biden

President Joe Biden, who today is making his first visit to Texas since his January inauguration, starts his term with about the same numbers of voters giving him good and bad marks for job performance, according to the latest University of Texas/Texas Tribune Poll.

Among registered Texas voters, 45% approve of the job he’s doing and 44% disapprove. Those results include 30% who said they strongly approve of his performance and 39% who strongly disapprove. The partisan lines are strong: 80% of Republicans disapprove, while 89% of Democrats approve.

“Election season always hardens partisan attitudes. That didn’t end with the election,” said James Henson, co-director of the poll and head of the Texas Politics Project at the University of Texas at Austin. “I don’t know that we ever got out of election mode.”

Biden’s grades for responding to COVID-19 are better, with 49% approving what he’s doing and 36% saying they disapprove. That’s an improvement over his predecessor: In the October 2020 UT/TT Poll, 45% of voters approved Donald Trump’s coronavirus response, while 48% did not — including 43% who disapproved strongly.

“He’s starting out, in a Republican state, with fairly respectable numbers,” Daron Shaw, a government professor at UT-Austin and co-director of the poll, said of Biden.

The assessment of Gov. Greg Abbott’s COVID-19 response has improved a bit since October. In both polls, 44% said the governor is doing a good job, and the number who giving him bad marks has fallen 5 percentage points, to 41% from 46%. Public approval for Abbott’s handling of the pandemic peaked at the beginning; in the April 2020 UT/TT Poll, 56% of Texas voters approved of his responses and 29% disapproved.

[…]

The governor’s numbers held steady, with 46% of Texas voters giving him an approving job review and 39% giving him a disapproving one. In October, his results were 47% – 40% — virtually the same.

The same was true for [Sen. Ted] Cruz: 45% positive and 43% negative in this poll, compared to 46% – 42% in October.

U.S. Sen. John Cornyn got positive marks from 32% of voters, and negative marks from 42% — a more negative showing than either Cruz or Abbott. In October, right before he was reelected, Cornyn’s job performance was rated positively by 39% and negatively by the same percentage.

Lt. Gov. Dan Patrick’s job review was flat: 37% of voters say he’s doing a good job and 36% saying they disapprove of his work. The state’s newest legislative leader, House Speaker Dade Phelan, a Beaumont Republican, elevated to that post by his peers just a few weeks ago, still hasn’t made an impression on most Texas voters; 60% said either that they have a neutral or no assessment of how he’s doing his job, while 22% gave him positive grades and 18% were negative.

As the story notes, the poll was in the field during the freeze week, almost entirely before Ted Cruz’s excellent adventure in Cancun. It’s likely his numbers would have dipped if the poll had been done a week later. It’s possible the same is true for Abbott, though that’s harder to say for sure. Even a modest decline for him would still be decent, and this is where I remind you again that his UH Hobby School poll numbers were not in fact bad.

There is one person of interest whose numbers are not noted, but we do have them in this story.

Texas voters are almost evenly split on the question of whether Donald Trump should be allowed to mount a comeback, according to the latest University of Texas/Texas Tribune Poll.

Asked whether “Trump took actions as president that justify preventing him from holding future elected office,” 45% said he did and 48% said he did not. Not surprisingly, 84% of voters who identified themselves as Democrats say he did, and 81% of Republican voters say he didn’t. Among independent voters, 38% said barring Trump would be justified, and 47% said it would not be justified.

“Almost all of the Democrats say he should be barred, along with 13% of Republicans,” said Daron Shaw, co-director of the poll and a government professor at the University of Texas at Austin.

[…]

Trump is viewed about as favorably now in the state as he was in the UT/TT Poll in October 2020, right before the election: 46% of Texas voters view him favorably and 46% have an unfavorable opinion of the former president. In October, his favorable/unfavorable numbers were 49%-46%. And Trump remains in better light than he did right before his election four years ago. In an October 2016 UT/TT Poll, 31% of Texans had a positive opinion of him while 58% had a negative one.

“He has completely consolidated his Republican base in Texas,” Shaw said.

Well, he lost three points of favorability while his unfavorable rating remained the same. He’s a net zero, while Biden is a net plus one on his approval ratings. It could be worse, that’s all I can say. Note that we’re comparing “favorable/unfavorable” to “approve/disapprove” here, which isn’t quite the same thing but will have to do for these purposes.

Who watches the utility overseers?

Apparently, nobody. At least, not anymore.

Late last year, as winter approached and power companies prepared for cold weather, Gov. Greg Abbott’s hand-picked utility regulators decided they no longer wanted to work with a nonprofit organization they had hired to monitor and help Texas enforce the state’s electric reliability standards.

The multiyear contract between the Public Utility Commission and the obscure monitoring organization, the Texas Reliability Entity, was trashed. Over the next months, right up until the crippling storm that plunged millions of Texans into the dark and cold, the state agency overseeing the power industry operated without an independent monitor to make sure energy companies followed state protocols, which include weatherization guidelines.

The Public Utility Commission’s decision in November to end its contract with the Texas Reliability Entity didn’t cause the historic grid failures that this week transformed Texas into an undeveloped country, leaving large swaths of the state without power or water as temperatures dropped and stayed below freezing. A PUC spokesman said the agency still had ample protections to ensure energy companies followed state rules and guidelines.

On Thursday, Abbott called for a state law requiring power plants to be better weatherized. Yet over the past quarter-century, state leaders have refused to require the companies to prepare for severe weather, even as once-in-a-lifetime storms have arrived with increasing frequency.

Critics say the utility commission’s move to strip away a regulatory layer, especially with potentially severe weather approaching, was just the latest example of the consistently light touch Texas politicians have used to oversee the complex industry that generates and distributes power.

“It’s astonishing to me that the PUC would get rid of the independent reliability entity with no plan to replace it,” said state Rep. Rafael Anchía, D-Dallas, who sits on the Texas House Energy Resources Committee. “No staff, no oversight on reliability.”

Anchía said he would demand answers from PUC brass on the independent monitor function next week when House members will hold a hearing to investigate the factors that led to the Texas blackout.

I will admit, I had never heard of the Texas Reliability Entity before reading this story. There’s a lot of nuance in this story – it’s not clear that the Texas RE was doing an adequate job, but it’s also not clear that the mandate they had amounted to much – so read the whole thing. The main takeaway for me is that the state as a whole has basically taken the reliability of the power grid for granted, partly because of the belief that we don’t have sufficiently bad weather (non-hurricane division) to worry about, partly because we believe in the exceptionalism of our lightly-regulated system, and partly because I think we’ve just never thought about it. We’re thinking about it now, and I’d say we need a top-to-bottom review of what we want out of the power grid, what responsibilities and enforcement powers the regulators will have, and how often we inspect and audit these things and report on them to the public. We should have learned all these lessons in 2011 but we didn’t, and we really have no excuses if we don’t learn them now.

Another look at how redistricting may go

RG Ratcliffe analyzes the geographic and political realities the Republicans face as they try to maximize their haul from the 2021 reapportionment.

Rick Perry famously called West Texas—a sparse land with few trees or humans—the Big Empty. The 92,016 square miles of the High Plains, the Panhandle, and western Hill Country have an estimated population of 2.2 million, less than that of Houston. But the region is also some of the most fertile Republican territory in Texas. The Big Empty delivered 78 percent of its vote to Donald Trump last year and elected three Republicans to Congress—all of whom supported overturning the president’s reelection loss in Pennsylvania and then opposed impeaching him on charges of inciting the Capitol riot in January.

These three congressmen are the kind of reliable soldiers and dependable votes the national Republican party wants voters to elect. Later this year, GOP Texas lawmakers will have the chance to redraw the state’s congressional map to try to make the most favorable conditions for similar representatives to win—and to exert great influence on the last two years of Joe Biden’s first term. Dictating the redistricting process because of the party’s House and Senate majorities and control of the governorship, Republican lawmakers will try to find a way to expand the GOP’s 23–13 partisan advantage in the Texas U.S. House delegation and to imperil the current 221–210 Democratic majority in the lower chamber.

But when those lawmakers begin redrawing the maps, they may look at the three West Texas representatives and find themselves saying, “Eeny, meeny, miney, moe, one of you has got to go.” The reason is simple: Even as the state has added enough population since 2010 to receive as many as three new seats in Congress, the Big Empty hasn’t kept pace. A congressional district drawn in Texas in 2011 needed to have a population of 698,488; districts drawn this year will need to have about 763,000. West Texas will be about 100,000 residents short of justifying three congressional districts.

The dilemma of the Big Empty is an example of how difficult it will be for Republicans to create the kind of partisan gerrymanders that have contributed to the large majority in the state’s House delegation that they enjoy today. Texas’s population has grown by 4.2 million since the 2010 census, according to the state demographer, Lloyd Potter, but that growth has not been where Republicans need it. Potter recently told a state Senate redistricting committee that most new Texans live in a triangle anchored by Dallas–Fort Worth, Houston, and San Antonio, and encompassing Austin. That triangle is home to the bulk of the state’s Democratic voters: the counties of those five cities went for Biden by 20 percentage points. Trying to redraw districts in the triangle, let alone fitting new ones in, will be a challenge for the GOP.

Republicans will have two main tools at their disposal to reduce the electoral power of the clustered populations of Democrats: splitting a block of them between or among districts to dilute their voting impact, or lumping multiple blocks together in a single district to limit the reach of their vote. We have some sense now, based on Potter’s estimates, of how they might do so, even as we wait for the Census Bureau to release gross population numbers in April and specific census tract data this summer. Here’s a tour of Texas and how the maps might be redrawn, starting out in the Big Empty.

Ratcliffe cites five areas where the GOP will have to make some tough choices: West Texas, where as noted above the population isn’t there for three whole Congressional districts; Austin, where the strategy of cracking Travis County into multiple districts put three Republican incumbents into jeopardy in the last two elections, thus leading to the possibility that they’ll just draw a super-blue district in the county again; Houston, where the same basic strategy of making CD07 more blue is probably the best way to protect other Republicans; the Metroplex, where the big suburbs just aren’t red enough for them any more; and South Texas, where Trump’s gains with Latino voters may be more illusory than real. We’ve touched on a lot of these topics before, but Ratcliffe brings some new details and puts it all into focus. There will be plenty of time to game this all out before actual maps start appearing, so go check it out.