Another assault on mifepristone

Jesus Christ.

A North Texas man charged with capital murder this month after he allegedly slipped his girlfriend abortion-inducing medication and caused a miscarriage marks the first time a murder charge has been brought in an abortion-related case in Texas.

The case tests a new method for reining in abortion pills — by threatening to prosecute individuals who provide them with the most severe criminal charge — while advancing the longstanding legal provision that defines an embryo as a person, legal experts say. The latter could raise serious implications about the legality of fertility treatments and in other legal realms such as criminal and immigration issues.

“It is shocking to people that the law can be used this way… that this is the extent and result of the more than 20 year old fetal personhood laws,” said Blake Rocap, a Texas attorney who works in abortion rights advocacy and studies pregnancy criminalization. Legal experts say the case will not change Texas laws that prevent women who receive abortions from being prosecuted.

According to an affidavit filed in Tarrant County by the Texas Rangers, 39-year-old Justin Anthony Banta put mifepristone, an abortion-inducing medication, into cookies and a beverage that he then gave to his pregnant girlfriend. Banta had previously asked her to get an abortion, but she said she had wanted to keep the child, according to the affidavit. A day after drinking the beverage, the woman miscarried.

The Texas Rangers did not respond to multiple requests for comment. The Tarrant County District Attorney’s Office, which must decide whether and how to prosecute the case, has not yet brought its own charges, according to a spokesperson.

Before Roe v. Wade was overturned, a fetus was not considered a person constitutionally. However, when Roe v. Wade was overturned, the whole opinion was overruled, including the idea that a fetus does not have the same rights as a person. That did not immediately mean that fetus personhood is established. But, Grossman and other experts see Banta’s case as an attempt to move further in that direction.

“The purpose of this has nothing to do with caring whether this woman was victimized, but it’s about trying to establish fetal personhood in a more direct way than they’ve been able to,” said Joanna Grossman, a law professor at Southern Methodist University Dedman School of Law.

If Banta is convicted and fetal personhood is established in the case, it could complicate a variety of issues, including whether IVF is still legal because it involves destroying unused frozen embryos. Last year, the Alabama Supreme Court ruled that frozen embryos are considered children.

“It has implications for all kinds of fertility medicine and it has potential implications for criminal and immigration law,” Grossman said. “If you detain a pregnant woman, are you illegally detaining the fetus who did not commit a crime? If you deport a pregnant woman, are you deporting a U.S. citizen because if we have birthright citizenship, when does that begin?”

[…]

Since the Supreme Court overturned Roe v. Wade in 2022, pregnant women and their health care providers have faced new forms of criminalization across the country. Texas created a “illegal performance of an abortion” crime and charged a Houston midwife with it in March.

Over the last year, state leaders have focused on trying to block the flow of abortion-inducing medication into Texas. The demand for the medication spiked 1000% after the state outlawed abortion.

The Texas Legislature tried and failed to pass a bill that would have imposed civil penalties on those who distribute abortion inducing medication. Additionally, Attorney General Ken Paxton sued a New York doctor for shipping abortion-inducing medication into Texas. That lawsuit will likely test New York state’s “shield law,” which protects providers from out-of-state prosecutions.

However, the Banta case represents a new strategy from a statewide law enforcement authority in chilling the use and provision of abortion-inducing medication in Texas.

Since Roe v. Wade was overturned, a person in Texas who helps a woman obtain an abortion has been liable not only for specific abortion charges, but now more serious charges like capital murder for their role in ending a pregnancy.

“The door has been open, [prosecutors] just walked through it,” said Rocap.

Even if this case is successfully prosecuted, it may not lead to the establishment of fetal personhood statewide or nationwide. It is likely for this case to end in a jury verdict which is not the equivalent of a Supreme Court decision setting a legally binding precedent.

If a jury finds Banta guilty, Grossman said he could also appeal the decision by claiming that he cannot be convicted of capital murder of a fetus. The appellate court decision, then, could potentially be binding in a way that a jury verdict is not.

However, Grossman believes the significance of Banta’s case does not necessarily lie in whether it’s successfully prosecuted. The way in which prosecutors have charged him for this crime is significant on its own.

She sees Banta’s case as a “trial balloon” for the anti-abortion movement. Banta is a naturally unsympathetic character, Grossman explained, so public sympathies will likely side with the anti-abortion side.

Since the charges were brought against Banta, local outlets across Texas and the nation have reported on the severity of the charges. Grossman believes that this has a “chilling effect” and is “sending a message” of fear to the general public regarding abortions. In that case, she is concerned that the damage has been done.

I must have missed the original announcement of this arrest, because this story was the first I’d heard of the case. Naturally, Jessica Valenti was on it.

In the first case of its kind, a Texas man accused of slipping his girlfriend abortion medication has been charged with capital murder. Police say Justin Banta’s then-girlfriend lost her pregnancy at 6 weeks, just days after the 38-year-old gave her a spiked drink. Banta, who is also accused of tampering with evidence, faces no charges for harming his girlfriend—only for what he did to her embryo.

In Texas, this woman wasn’t the victim of a crime—her pregnancy was.

By charging Banta with capital murder, Republicans are setting a precedent that says embryos, fetuses—even fertilized eggs—deserve equal protection under the law. Sound familiar? That’s because when fetuses have personhood and ‘equal protection’, abortion patients can be charged with murder.

And that’s what this case is actually about: Conservatives want to make broad abortion-related arrests—targeting providers, activists, patients, and their support systems. But they can’t do that without sparking massive legal and cultural backlash.

Banta’s case gives them the unsympathetic villain they need to convince Americans that fetal personhood and ‘equal protection’ laws are good things—laying the groundwork for the sweeping arrests they’re so desperate for.

How do I know? Well, some anti-abortion leaders love to hear themselves talk more than they do keeping strategy close to the vest.

Kristan Hawkins, president of Students for Life, admitted on a recent podcast that she and other movement leaders are “working to change culture” so that states can start prosecuting women. She said the “vast majority” of anti-abortion groups believe patients should face criminal charges—as soon as they can ensure the public is ready for it.

Once you start to look anti-abortion political moves through that framework—understanding that they’re trying to get Americans on board with arresting patients—everything they do becomes a lot clearer.

That’s why I see Banta’s arrest as just the latest move in a much bigger anti-abortion plan. Over the last few months, I’ve tracked a notable uptick in criminalization efforts: an increase in pregnancy-related arrests, bills and ‘studies’ designed to make more of those arrests possible, and a constant stream of messaging trial balloons to test just how outraged—or apathetic—Americans will be.

The hard truth? I believe we’re on the verge of a major criminalization push.

Conservatives are furious that bans haven’t reduced the number of abortions. (In fact, since the end of Roe, abortions have increased.) In spite of the legal restrictions and threats, many, many people are still getting the care they need.

And while the anti-abortion movement always intended to expand criminalization beyond providers, they knew they’d need to soften up the public first. The plan was to work on American culture, seeding a years-long shift that would make it easier for them to arrest patients without serious backlash.

Now, with abortion numbers rising—and anti-abortion organizations and legislators desperate to stop what they see as mass disobedience—I believe they’re fast-tracking that plan.

Here’s the good news: even an accelerated culture war takes time. None of what I lay out below is going to happen tomorrow. That means we’ve still got a window to intervene—and to fuck their shit up.

This overall push is not limited to Texas – read the rest of Valenti’s post for those details – but of course Texas is charting its own course. It’s interesting that the Tarrant County DA hasn’t filed any charges yet, but I wouldn’t read too much into that. I’m sure they’re being extremely deliberate. I’m also sure that if they get cold feet, the Attorney General’s office will be there to either browbeat them or take the case away from them. We’re a long way from a resolution here – we’re barely at the starting line – but there’s a lot already happening. I’ll keep an eye on this.

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SD09 special election set for November

This could, and hopefully will, be interesting.

Gov. Greg Abbott on Friday set a special election for Nov. 4 to fill the Texas Senate seat vacated by Republican Kelly Hancock, who resigned from the Legislature earlier this month to become the acting state comptroller.

The contest coincides with the state’s November uniform election, when voters across Texas will already be at the polls to elect representation for local offices and vote on numerous ballot measures, including 17 proposed amendments to the Texas Constitution.

The candidate filing deadline for the Senate District 9 special election is Sept. 3, with early voting to start Oct. 20.

Earlier Friday, conservative activist Leigh Wambsganss announced her candidacy to fill the vacant seat. Shortly after her announcement, Lt. Gov. Dan Patrick, the president of the Senate, endorsed Wambsganss, saying she would be a “great addition to our conservative Texas Senate.”

[…]

Soon after Wambsganss’s announcement, Rep. Nate Schatzline, R-Fort Worth, withdrew his own bid for the seat and endorsed her.

A Democratic candidate, veteran and union president Taylor Rehmet, is also running for the seat.

See here for the background. Schatzline, who is terrible, got a lot of coverage for his initial announcement. Wambsganss, who is also terrible, got a lot of coverage for hers as well. Most of what I could find from a Google news search on Taylor Rehmet came from the Fort Worth Report.

Taylor Rehmet

Taylor Rehmet, a union machinist and Air Force veteran who describes himself as “a working-class fighter,” is seeking the office as a Democrat.

[…]

Brandon Rottinghaus, a political scientist at the University of Houston, described District 9 as a “pretty conservative district” dominated by Republicans, but said recent demographic and political changes in Tarrant County could provide an opening for Democrats.

[…]

Rehmet, 32, who announced his candidacy June 23, said his campaign will center on a five-point platform including veterans’ rights and services, workers’ rights and union power, affordable housing and tenant protections, fully funded education with vocational pathways, and land and water for future generations.

Rehmet is president of the Texas State Council of Machinists and Aerospace Workers. A campaign launch event will be next month in Austin, coinciding with a statewide labor convention, according to a news release.

He was in the Air Force from 2012 to 2016 as a mechanic on B-52 bombers.

Rehmet told the Report he’s been active in running large organizations but said this is his first political undertaking.

“This is just the next step in being able to serve others,” he told the Report. “I’ve never run before because I wanted to make sure I’m ready. I take serving others seriously.”

In 2022, Hancock won his last four-year term with more than 60% of the vote to Democrat Gwenn Burud’s almost 40%.

Rehmet’s website is here, and you can find a lot more about him at Lone Star Left. SD09 has been on the outer fringes of competitiveness in recent years. Hancock won it by a scant eight points in 2018, also against Gwenn Burud, who as far as I can tell has never raised much money or gotten much attention. If Rehmet can do better on those things, if Donald Trump’s approval and favorability can decline a bit more, if Tarrant County’s wretched Republican Party Chair can keep on alienating everyone, well, who knows. This will never not be a longshot, but it could be the kind of longshot that has a chance. I’ll be on the lookout for his finance reports.

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WNBA to expand to 18 teams

None of which will be in Houston.

The WNBA is expanding to 18 teams over the next five years, with Cleveland, Detroit and Philadelphia all set to join the league by 2030.

Cleveland will begin play in 2028, Detroit in 2029 and Philadelphia the season after, assuming they get approval from the NBA and WNBA Board of Governors. Toronto and Portland will enter the league next year.

“The demand for women’s basketball has never been higher, and we are thrilled to welcome Cleveland, Detroit, and Philadelphia to the WNBA family,” WNBA Commissioner Cathy Engelbert said. “This historic expansion is a powerful reflection of our league’s extraordinary momentum, the depth of talent across the game, and the surging demand for investment in women’s professional basketball.”

All three new teams announced Monday have NBA ownership groups. Each paid a $250 million expansion fee, which is about five times as much as Golden State dished out for a team a few years ago. All three teams will also be investing more money through building practice facilities and other such amenities.

“It’s such a natural fit that when you already have this basketball-related infrastructure, these strategies, cultures that you find to be successful, combinations of personnel that you find to be successful,” said Nic Barlage, CEO of Rock Entertainment Group and the Cavaliers. “Extending that into the WNBA, is just a natural next progression, especially if you have a desire to grow like we do.”

Both Cleveland and Detroit had WNBA teams in the past and Philadelphia was the home for an ABL team.

[…]

Engelbert said she was impressed with the number of cities that bid for expansion teams, a list that included St. Louis; Kansas City, Mo.; Austin, Texas; Nashville, Tenn.; Miami; Denver; Charlotte, N.C.; and Houston.

“There are a variety of cities that obviously bid, and one of those I wanted to shout out — because they have such a strong history in this league and their great ownership group — is Houston,” Engelbert said. “The Houston Comets were just an amazing one, the first four inaugural championships in the WNBA. So I would say that’s the one, obviously, we have our eye on. (Owner) Tilman (Feritta) has been a great supporter of the WNBA, and we’ll stay tuned on that.”

See here for the previous update. Cleveland was basically locked in, and Philly was seen as a strong frontrunner, but at that time Houston was thought to be the favorite for the 18th team. Alas, we ended up as Miss Congeniality. It seems likely there will be more expansion in a few years, so we’ll just need to be patient. The WNBA’s press release is here, and the Chron has more.

UPDATE: While an expansion team is off the table for at least the next few years, probably a decade or more, there’s another possible way to land a team, as noted in this story The Mohegan tribe, which bought the Orlando Miracle for $10 million in 2003, relocated the team and renamed it the Connecticut Sun, hired an investment bank in May to look into “all options to strategically invest in the team.” That could include selling a minority stake in the team or a complete franchise sale that could lead to relocation.

The Sun had been one of the WNBA’s most successful teams, currently on a run of eight straight postseason appearances that likely will be snapped this year with the team off to a league-worst 2-15 start after losing their entire starting lineup in the offseason. Off the court, the Sun is one of the few teams in the league without a dedicated training facility.

Relocation is never as exciting as expansion, because you’re inheriting whatever baggage the existing team had and you have the psychic guilt of their fans’ loss, but it can work. The Dynamo came to Houston via relocation and they won the league their first two years. And their former city (San Jose) now has a team again. That’s about the best case scenario. If it’s a real possibility here, we’ll know about it soon enough.

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Can we say we’re sure we know CM Plummer’s intentions by now?

Tell me you’re running for County Judge without triggering the “resign to run” provision, somehow.

CM Letitia Plummer

For the second time in two weeks, information has inadvertently emerged hinting that Houston City Council Member Letitia Plummer intends to run for Harris County Judge in a bid to replace Lina Hidalgo.

Houston Style Magazine posted then deleted a story with a headline “Letitia Plummer: A Bold New Chapter in Harris County’s Leadership Legacy” saying Plummer was “preparing to launch her candidacy for Harris County judge.”

In the story, Plummer allegedly said: “I’ve raised my three sons in this city. I’ve built businesses here. And now, I want to lead Harris County — because I know what it means to fight for every neighborhood, every voice, and every future.”

She allegedly continued: “The County Judge is the only official elected by all of Harris County. I’m already serving the entire city. Now, I’m ready to serve the entire county. I’ve been there for our seniors, our veterans, our women- and minority-owned businesses. I’ve stood up for police and I’ve stood up for our children. It’s time we build a county government that does the same.”

While the story cannot be found on Houston Style’s website when its link is clicked, it was picked up by news aggregate CNN Newsource and posted publicly on another website on June 17.

Reached Friday, Plummer said the Houston Style story was supposed to be about her background and that she was misquoted.

The council member, who is serving her second term as an at-large member, asserted in a text that she did not say, “I’m already serving the entire city. Now, I’m ready to serve the entire county.”

The story from Houston Style follows a since-deleted post from the Spring Branch Democrats club earlier this month that included a document with a logo that read “Dr. Letitia Plummer Democrat for Harris County Judge.” The post also included a caption that read, “Another candidate for County Judge.” Plummer said the document was leaked by someone who used to work for her.

Plummer has not filed for the seat, according to Harris County campaign finance records. She told the Houston Chronicle Friday she was still strongly considering running for the position.

See here for the background. I mean, she’s running for County Judge. I don’t know how one could reasonably conclude otherwise. The slipup with the Spring Branch Dems could plausibly be blamed on a miscommunication. It would be unlikely, but with enough benefit of the doubt to say no, we can’t be sure, or at least we can’t be sure enough to say she has effectively resigned her seat on Council. The fact that it happened twice, the second time with a journalist, removes the doubt. She’s running. She’ll tell us “officially” when she’s ready, but she’s running.

Is this enough to trigger resign-to-run? City Attorney Arturo Michel says no in the story. I doubt there’s any precedent to match this, so it would take someone filing a lawsuit to force the matter, assuming she doesn’t make her formal declaration and resignation first. This is one of the many places where certain aspects of these laws are woefully vague (*cough* *cough* residency requirements *cough* *cough*) and unsettled, and that leaves us in the lurch in these outlier situations. We can’t cover everything, but we could do a better job of clearing up some of the murkier areas. If we wanted to, anyway.

One more thing, which was recently pointed out to me, about the timing of all this. Article 11, Section 11 of the state constitution covers terms of office for municipal elected officials. It has this provision for the event of a vacancy due to death or resignation:

(c) Any vacancy or vacancies occurring on such governing body shall not be filled by appointment but must be filled by majority vote of the qualified voters at a special election called for such purpose within one hundred and twenty (120) days after such vacancy or vacancies occur except that the municipality may provide by charter or charter amendment the procedure for filling a vacancy occurring on its governing body for an unexpired term of 12 months or less.

This is why the July 8 “campaign announcement” date cited in the Spring Branch Dems item matters, because July 8 is 119 days before Election Day in November. Timing this announcement to on or after July 8 does us all the favor of having the special election to fill her then-vacant At Large #4 seat on Election Day in November, rather than on some random day in the calendar when we’ll struggle to get one percent turnout and have to spend the money on a solo election besides. This golden period only lasts up through late August or so, which is when the deadline date for finalizing the ballot occurs. So if there are to be any announcements involving Houston City Council members that would have resign-to-run implications, expect them to occur from July 8 up to about August 18. Timing is everything.

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Flock responds

Reporting gets results. Or at least a response.

The CEO for Flock cameras has pushed back on recent reporting, including a Chronicle investigation, about the surveillance technology used by Houston police, saying it’s up to local law enforcement to decide how they use it.

Houston police have increasingly relied on the license plate recognition cameras to track tens of thousands of vehicles, often without justifying why they are doing so.

The majority of CEO Garrett Langley’s letter was aimed at reports about Flock cameras’ use in immigration- and abortion-related searches. But Langley did say the company would soon provide local law enforcement with an updated search function that would give officers a drop-down menu of reasons.

“Agencies should prescribe, in their LPR policies, how users should populate that search field,” he wrote.

Holly Beilin, director of communications for the company, said, even without the drop-down menu, officers can’t search the system without providing some reason for the search.

A Chronicle investigation found Houston police are using the cameras more than ever, logging tens of thousands of searches just last year and justifying their work less and less.

In rare cases, Houston police have run searches specifying “immigration” or listing a federal agency such as U.S. Customs and Border Protection as the purpose of the search. It’s not clear exactly what those searches are.

And in the letter, Flock disputed another report from a Texas media organization alleging that an officer used the camera system to search for a woman who had an abortion.

See here for the background. The response from Flock is the first link in the story and the excerpt above, so click over and read it if you want. “Providing a reason” is not the same as providing a warrant, and as those initial stories made clear, very often the reason provided was meaningless. As such, saying that officers have to provide a reason isn’t actually challenging any of the stories’ allegations. You can do better than that, Flock.

Really, what this needs is federal legislation that spells out exactly what tech like this can be used for and when, and what the limitations are in the absence of a search warrant. It’s more likely that I’ll be named Vice Pope than any of this happens under the Congress and President we have now, and Lord only knows how much damage can be done in the interim, but this is the ultimate solution. I dunno, maybe now is finally the time to adopt a strong stance in favor of privacy and laws to protect it as a campaign issue. It’s sure as hell the right thing to do. 404 Media, which did the initial reporting on this story and which has an update on what is happening in some other states, has more.

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RIP, Graffiti Park

This is such a Houston story.

Courtesy of Robin Soslow, Special to Chron

A piece of Houston’s cultural identity and history is being erased.

This week, demolition crews began tearing down two buildings on Leeland Street as part of the Texas Department of Transportation’s I-45 North Houston Highway Improvement Project. One of those buildings is the well-known “Graffiti Park,” an ever-evolving canvas that has served as a gathering place for artists and a destination for visitors and creative’s for over a decade.

More than just a photo spot, Graffiti Park was one of the few places where artists could speak directly to their city — on their own terms. It began as a grassroots art initiative led by local artists Daniel Anguilu, Gelson Lemus “W3r3on3” and Empyre. Over the years, it became a living archive of mural work and personal expression. It didn’t belong to a museum or gallery. It belonged to the people who painted it.

“One of my favorite memories there is just painting with my friends, it was a wholesome experience,” said Gelson Lemus, who paints under the name W3r3on3. “It was one of the first buildings people could paint with permission. When people come to Houston, they go to that building. It’s not like any other place.”

Anguilu, one of the building’s original caretakers, expressed frustration over what he said was a lack of communication from TxDOT or city officials as plans for the demolition and future art initiatives continue to move forward without input from the artists who created the space.

“Graffiti Park is one of the largest and oldest art initiatives in Houston, purely run from artist to artist,” Anguilu shared. “We are the caretakers and the original artists who started this art project more than 12 years ago. It has become a site visited by thousands, and unfortunately there is no conversation with us about the future and archiving of a Houston iconic place for creativity.”

Although the site sits within Tax Increment Reinvestment Zone (TIRZ) No. 15, which covers a substantial portion of East Downtown, it was never designated as a formal art space. Still, members of the artist community say anyone familiar with the building’s walls knew their value. To them, every layer of paint told a story, holding years of unfiltered, public dialogue, impossible to replace.

In response to the community outcry over Graffiti Park’s demolition, TxDOT is partnering with the East Downtown Redevelopment Authority, which manages TIRZ 15, in an effort to help preserve the area’s creative legacy, according to TxDOT documents. As part of this effort, TxDOT says it will provide a one-time mitigation payment of up to $500,000 to the district. These funds are intended to offset the environmental and cultural loss tied to the right-of-way acquisition and to support a new public art program within the zone.

Here’s a feature story on Graffiti Park from 2023 that gives you a good overview of the place. You might just do a Google image search on “Graffiti Park Houston” as well. I mean look, I didn’t know much about this place, so any sense of loss I feel is from having missed out. Nothing lasts forever, big infrastructure projects always result in some amount of demolition, and so on. It would have been nice if there had been some more notice about this specific demolition, maybe enough to give the place a proper farewell before it was wiped out. I don’t care for the I-45 project so this is easy for me to say, but losing places like Graffiti Park makes Houston that much less interesting. However you feel about any other part of this, that much is sad.

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Weekend link dump for June 29

Sabrina Ionescu is a mensch.

“But this isn’t about phone numbers or navigation. It’s about how technology clearly changes our minds. And there is a risk that today’s siphoning of young brains into phones and laptops isn’t just happening with maps and digits, but with critical thinking and complex language.”

“The majority of streaming also happens in the first week — but, in further evidence that streaming has reoriented viewing habits, a good amount of a show’s five-week streaming total happens from day eight onward. The Hollywood Reporter obtained Nielsen data for the top 20 shows in seven-day, cross-platform viewing; combining that with already available 35-day data shows just how much those shows gain from streaming at each interval.”

“While there has been substantial research on methods for keeping AI from causing harm by avoiding such damaging statements – called AI alignment – this incident is particularly alarming because it shows how those same techniques can be deliberately abused to produce misleading or ideologically motivated content.”

“The WNBA’s Officiating Problem Is Bigger Than Caitlin Clark”.

“Nearly two-thirds of adults oppose President Donald Trump’s “One Big Beautiful Bill” approved in May by the House of Representatives, according to a KFF poll released Tuesday.”

“The result isn’t just inconvenient. It’s lonely. As access shatters, rituals vanish, as do the moments that make sports communal — a bar full of strangers cheering for the same team, the generational ties passed down through the seasons. Those experiences fade under a system that dictates that the more you can pay, the more you can see — until the game disappears behind another paywall.”

RIP, Fred Smith, founder of FedEx.

“The Most Quietly Revolutionary LGBTQ+ Moments in Sitcom History”.

“The Costs of Restricting Abortion? More Than $130 Billion Per Year.”

“That’s because Trump’s interest in women’s sports is not actually in investment in the athletes who participate. Instead, it is in leveraging the issue as one of the ways to continue to politicize and push his agenda on trans issues. Another case in point: Despite the deluge of headlines about women’s sports and fairness, you were probably unaware of the regulatory machinations behind the House settlement. There’s a good reason for that.”

“Padres star Fernando Tatis Jr. filed a lawsuit Monday against Big League Advance in an attempt to void the future earnings contract he signed as a 17-year-old minor leaguer that could cost him $34 million.”

“The Dobbs ruling, which overturned Roe v. Wade, has vastly reshaped the national abortion landscape. Three years on, many states have severely restricted access to abortion care. But the decision has also had a less well-recognized outcome: It is increasingly jeopardizing access to contraception.”

“What Should You Do if ICE Comes to Your Restaurant?”

“A majority of people around the world support a carbon tax — even if they’re paying it”.

“Most Americans support routine childhood vaccine requirements even as they become more politically charged, according to a new poll released Wednesday.”

“The same rule applies to this constitutional argument as applies to all of those Jesus stories. You never want to be the guy asking those loophole-seeking questions. The guy looking for loopholes is always the Bad Guy in those stories.”

“Have you heard of Vix, the Spanish-language streamer owned by TelevisaUnivision? You’re about to hear a lot more about it.”

RIP, Rick Hurst, Houston-born actor best known for playing Deputy Cletus Hogg in The Dukes of Hazzard.

RIP, Bill Moyers, longtime journalist for PBS.

RIP, Lao Schifrin, composer best known for the theme to “Mission: Impossible”. That super catchy tune is one of three songs I can think of in 5/4 time that have achieved any level of fame, the others being Dave Brubeck’s “Take Five” and Gustav Holst’s “Mars, Bringer of War”.

“Gavin Newsom sues Fox News for $787M in defamation case over Trump call”.

Wishing Ron Washington all the best.

RIP, Dave Parker, seven-time All Star outfielder who was on two World Series winners and was elected to the Hall of Fame earlier this year.

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We will learn Judge Hidalgo’s election intentions soon

Okay.

Judge Lina Hidalgo

Harris County Judge Lina Hidalgo intends to announce her decision on if she will run again in 2026 in the coming weeks.

The news came amid building uncertainty and speculation regarding the two-term judge’s electoral intentions. She poured cold water on rumors in December that she would not be seeking re-election, but a dwindling war chest and ticking clock fueled continued doubt about her electoral intentions.

“Our democracy is built on open participation, and more options for voters is a good thing,” Hidalgo said in a Thursday evening news release. “I understand the desire to know whether I will be running, and I expect to announce a decision in the coming weeks.”

Hidalgo’s current term expires in 2027, along with Commissioners Adrian Garcia and Lesley Briones, who have already begun campaigning. The planned announcement also coincides with a key campaign finance deadline that could signal her plans for the next election cycle.

The most recently-available campaign finance data indicated Hidalgo had the least money of any other member of Commissioners Court. A recent trade mission to Paris, which Hidalgo said she paid for with campaign funds, has likely further depleted her war chest.

We’ve covered this ground thoroughly. Judge Hidalgo has been coy about her plans, but her campaign finance reports strongly indicate that she is not running for the simple reason that she does not have the resources and has not spent any time or effort compiling the resources she would need. She could certainly surprise me at this point and say that she is running, but she will have put herself in a needlessly disadvantageous position if that is her decision. I like Judge Hidalgo. I respect Judge Hidalgo. I think Judge Hidalgo has done a lot of good work, and I know she is very popular among Democrats. I’m just doing my best to interpret the data that is before me. I believe she will not be running. If she does run, I believe she has not put herself in the best position to win, in March and again in November. I could be wrong about any or all of this. I will be eagerly awaiting her July report and the announcement that follows.

(She had a post about this on Instagram on Thursday that was an image of the quoted news release, but either it’s been deleted or it was actually a story, because it’s not there anymore.)

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NES schools are accelerating HISD’ enrollment decline

I’s just going to leave this here.

Most Houston ISD campuses have reported sharper enrollment declines since the controversial state takeover, with New Education System schools reporting some of the largest drops compared to previous years.

HISD, like many urban school districts nationwide, has seen a steady decline in enrollment for nearly a decade. However, a Chronicle analysis of Texas Education Agency enrollment data shows that the rate of enrollment declines in HISD has accelerated since the takeover.

The data shows that HISD’s enrollment was declining by an average of about 2% each year in the five years prior to the state takeover in June 2023. Since then, the district’s student enrollment has declined by about 4% each year, largely driven by enrollment declines at the 130 NES campuses.

Enrollment at NES schools declined by 3.7% each year in the five years before the takeover, while enrollment at non-NES schools declined by about 1.5%. In the two years since the state takeover, enrollment at NES campuses has declined by about 6% yearly, while the rate for non-NES campuses has remained the same.

HISD’s fall snapshot data shows that about 75% of its campuses reported year-over-year enrollment declines in the 2024-25 school year. The district lost nearly 7,400 students in 2024, which was the largest year-over-year overall enrollment decline in the district since the COVID-19 pandemic.

Duncan Klussmann, an assistant professor at the University of Houston, said while improving academic performance should continue to be a priority for HISD, the district’s growing enrollment declines will have “significant financial implications” if they continue.

HISD needs to find a balance between addressing student outcomes and paying more attention to its declining enrollment, he said.

“As policy makers focus much more on student achievement and the STAAR test, that’s not necessarily what parents align to or what they want their child’s experience to be,” Klussmann said. “(NES is) a very innovative approach and has been very successful in producing higher test scores. That’s what it’s designed to do, but that is not what every parent is looking for.”

This has been one of my concerns about Mike Miles all along. He may generate the better test scores that the state is demanding. In the best case scenario, that also leads to better future outcomes – higher graduation rates, more college success, better employment and salary futures, etc – which would be a huge accomplishment. We’ll have to wait some number of years to see how well those correlate. In the meantime, HISD is shrinking faster than it had been before, which will lead to less money coming in from the state and less political power as fewer people in the area have a direct stake in HISD and its success. I fear, and I am far from alone in this, that what Miles is doing is not only not sustainable on its own, it will threaten HISD’s long term ability to provide for its students as a whole. Given the lack of any oversight on Miles, that is an even bigger concern now. I am rooting for the best case outcome for the students in the NES schools, which includes a large population of students and families that have been long overlooked by HISD and the state of Texas. I continue to question how this is being done and whether it will be more than a short term phenomenon. I don’t see a way we can explore other possibilities. We’re locked in, like it or not.

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Ogg will face contempt hearing

I mean, she was warned.

A hearing next month could determine whether former district attorney Kim Ogg will be held in contempt over her communications surrounding the prosecution of two men accused of killing 12-year-old Jocelyn Nungaray, according to court records.

The hearing is scheduled for July 28, court records show.

Judge Josh Hill in the 232nd District Court signed off on the hearing Friday, but filings related to the decision and upcoming proceedings were not immediately available.

Ogg made several comments to local and national TV news outlets about the 2024 killing that prompted concerns over their right to a fair trial. The judge, in response, signed a gag order limiting lawyers on what they can say about the capital murder proceedings.

But Ogg went on to continue discussing the case with the Log Cabin Republicans of Houston in early June. Lawyers for Franklin Peña, one of the defendants, flagged her appearance with the Kingwood TEA party, whose organizers flaunted the gag order in a flyer advertising her visit, with the judge.

See here and here for the background. Continuing to talk about this after the gag order was issued is a choice, that’s for sure. According to the story, the DA has the task of proving that she did in fact violate that court order and should be held in contempt. I suspect there will be more than the usual number of observers in the court that day. Whatever happens here, I for one look forward to a day where I can count on less Kim Ogg content in my news feeds. I have no idea how far off that day may be.

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SCOTUS upholds Texas’ anti-porn law

Welp.

Texas’ law requiring Pornhub and other adult websites to verify users’ ages is constitutional and can remain in effect, the U.S. Supreme Court ruled on Friday.

The case stems from a 2023 law, HB 1181, that required websites to verify that a user is over the age of 18 if more than one-third of their content is considered harmful to minors. A group of adult entertainment websites sued, arguing this violated free speech and privacy protections.

Texas countered that the state had a right to protect children with what Solicitor General Aaron Nielson framed as “simple, safe and common” restrictions.

While the Supreme Court justices seemed divided on the free speech issues, a 6-3 majority of the Court ultimately sided with Texas, finding that requiring age verification “is within a State’s authority to prevent children from accessing sexually explicit content.”

The 2023 law “is an exercise of Texas’s traditional power to prevent minors from accessing speech that is obscene from their perspective,” Justice Clarence Thomas wrote in the majority’s opinion. “To the extent that it burdens adults’ rights to access such speech, it has ‘only an incidental effect on protected speech,’ making it subject to intermediate scrutiny.”

The Court’s three liberal justices dissented, arguing that the law should have been held to the higher standard of strict scrutiny, the most stringent level of legal review used in cases related to fundamental rights, such as freedom of speech. The dissenting judges also argued that while states have a “compelling interest” in protecting children from obscene speech, doing so sometimes impeded the right of adults to access that speech.

In her dissent, which was joined by Justices Sonia Sotomayor and Kentanji Brown Jackson, Justice Elena Kagan said that Texas’ law might well have passed strict scrutiny and used the least restrictive means to achieve its goals.

“But what if Texas could do better — what if Texas could achieve its interest without so interfering with adults’ constitutionally protected rights in viewing the speech HB 1181 covers?” Kagan wrote. “The State should be foreclosed from restricting adults’ access to protected speech if that is not in fact necessary.”

Texas’ law requires people visiting websites “more than one-third of which is sexual material harmful to minors” to show they are over 18 by submitting digital identification, uploading government-issued identification or by using a “commercially reasonable method,” such as their banking information. Neither the website nor the party performing the verification can retain identifying information. Sites that violate the law face fines of up to $10,000 a day.

The law was passed amid a broader push in Texas and other states to prevent children from being exposed to sexual materials, which continued this legislative session. Friday’s ruling could have implications for more than a dozen states that have passed similar laws.

It was not the first time that these Texas bills have tested the boundaries of free speech protections: In two cases, the Supreme Court has ruled that laws aimed to prevent the distribution of obscene materials to minors unconstitutionally restricted free speech.

[…]

Civil liberties groups decried the decision as a rollback of free speech protections.

“Today’s ruling limits American adults’ access to only that speech which is fit for children — unless they show their papers first,” Bob Corn-Revere, chief counsel of the Foundation for Individual Rights and Expression, said in a statement. “Data breaches are inevitable. How many will it take before we understand the threat today’s ruling presents? Americans will live to regret the day we let the government condition access to protected speech on proof of our identity.”

See here for the previous update. While this was hardly the worst decision handed down this term, it’s still bad and has the room to be a lot worse. It’s not just the data privacy concerns and the needlessly broad restrictions on legal activity, it’s the open invitation for the book banners and the drag show banners and the homophobes to claim that the content they don’t like can be just as readily restricted. That door is now wide open and it will be clear as soon as bill filing season opens in 2027 how drastic and perverse that will be.

And it’s even worse than that. As 404 Media makes clear, you can’t begin to grasp how weird this is going to get.

A metal fork drags its four prongs back and forth across the yolk of an over-easy egg. The lightly peppered fried whites that skin across the runny yolk give a little, straining under the weight of the prongs. The yolk bulges and puckers, and finally the fork flips to its sharp points, bears down on the yolk and rips it open, revealing the thick, bright cadmium-yellow liquid underneath. The fork dips into the yolk and rubs the viscous ovum all over the crispy white edges, smearing it around slowly, coating the prongs. An R&B track plays.

People in the comments on this video and others on the Popping Yolks TikTok account seem to be a mix of pleased and disgusted. “Bro seriously Edged till the very last moment,” one person commented. “It’s what we do,” the account owner replied. “Not the eggsum 😭” someone else commented on another popping video.

The sentiment in the comments on most content that floats to the top of my algorithms these days—whether it’s in the For You Page on TikTok, the infamously malleable Reels algo on Instagram, X’s obsession with sex-stunt discourse that makes it into prudish New York Times opinion essays—is confusion: How did I get here? Why does my FYP think I want to see egg edging? Why is everything slightly, uncomfortably, sexual?

If right-wing leadership in this country has its way, the person running this account could be put in prison for disseminating content that’s “intended to arouse.” There’s a nationwide effort happening right now to end pornography, and call everything “pornographic” at the same time.

Read on for more or listen to the 404 folks talk about it on a recent podcast episode. It gets weirder from there, believe me. There’s a reason why Justice Potter Stewart said he was unable to define pornography. What this ruling does is allow freakish losers like Ken Paxton define it for the rest of us. That is a big loss for all of us, no matter how prurient or G-rated our actual media consumption habits may be. The 19th and the Chron have more.

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Lawsuit filed over Ten Commandments law

Expect there to be a lot of litigation over bills passed this session(s).

Six parents and religious leaders have filed a lawsuit seeking to block a newly signed law set to require the Ten Commandments in Texas public school classrooms.

Leaders from both Christian and Nation of Islam faiths filed the suit Monday against defendants including the Texas Education Agency, its commissioner, Mike Morath, and three North Texas school districts. The lawsuit came two days after Gov. Greg Abbott signed the bill and three days after a court blocked a similar law in Louisiana.

Sen. Phil King, a Republican from Weatherford, filed Senate Bill 10 in February with the intent to encourage students to understand and appreciate the “role of the Ten Commandments in our heritage,” according to a release. Classrooms in every public, charter and post-secondary school in Texas must hang the Ten Commandments as written in the bill  “in a conspicuous place” on a poster that is at least 16 by 20 inches with a legible font, according to Senate Bill 10.

[…]

Plaintiffs argued that the law violates the Establishment Clause of the United States Constitution, which guarantees that “Congress shall make no law respecting an establishment of religion.” Because SB10 requires schools to display one of the hundreds of versions of the Ten Commandments, the lawsuit also alleges that it places preference for one religion and denomination over others.

“The government should govern; the Church should minister,” plaintiff Bishop Gerald Weatherall said. “Anything else is a threat to the soul of both our democracy and our faith.”

The lawsuit argued that the law does not “serve a compelling governmental interest.” In 1980, the United States Supreme Court struck down an similar Kentucky law requiring the Ten Commandments in public schools.

“The children who attend these schools and their families follow various faiths and religions, or do not practice any religion at all. However, under S.B. 10, every one of these students will be forcibly subjected to religious mandates, every single school day,” the lawsuit reads. “This is wholly inconsistent with the fundamental religious-freedom principles that upon which our nation was founded.”

Abbott cleared the bill less than 24 hours after the 5th U.S. Circuit Court of Appeals blocked Louisiana from enforcing a similar law, labeling the mandate as “facially unconstitutional.” Texas falls under the court’s jurisdiction.

See here and here for more on the Louisiana lawsuit. There’s a motion for the entire Fifth Circuit to hear the appeal, and since two of the three Justices that ruled were appointed by Democrats, there’s a decent chance the whole court could overrule them. That said, the one Republican-appointed Justice is pretty conservative, so who knows. You can be sure this one will go to SCOTUS as well.

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Mayor Parker speaks about her candidacy for County Judge

I am once again pointing you to a recent episode of CityCast Houston, this time to hear a conversation they had with former Mayor Annise Parker about her candidacy for Harris County Judge:

See here for some background. As noted before, CityCast’s embed function puts their entire playlist, with the most recent episode at the top, in the code. This episode ran on Monday the 23rd, so as of this publication that will be the fifth one down, with the title “Why Former Mayor Parker Wants To Unseat County Judge Hidalgo”. The link above will take you directly to the episode page.

You can’t run an effective primary campaign against an incumbent without attacking that incumbent in some way, but for now I appreciate that Mayor Parker wants to talk more about what she brings to the table and why she thinks she would be a good County Judge. At this point, no one knows whether she is in fact running against an incumbent – I am counting down the days until the July campaign finance reports are up – or running for an open seat, so perhaps my concern about what kind of campaign she will have to run will be unfounded. Which is not to say there won’t be attacks, just that they wouldn’t be against Judge Lina Hidalgo. Beyond that, we’ll see.

Posted in Election 2026 | Tagged , , , , , , | 1 Comment

Paxton minions hurl accusations at each other

What a nest of vipers the AG’s office must be.

Still a crook any way you look

Several former and current top aides of Attorney General Ken Paxton are trading explosive accusations in legal and administrative filings, the latest of which alleges that Paxton’s right-hand deputy obstructed justice and tampered with witnesses during his 2023 impeachment.

The public feud could become a distraction for Paxton just as he’s overcome a series of legal troubles, including the impeachment charges, which he was acquitted of by the Texas Senate, and as he launches his bid to unseat U.S. Sen. John Cornyn in next year’s Republican primary.

The new allegations — detailed in a suit filed Wednesday in federal court in Austin by former Solicitor General Judd Stone and Chris Hilton, the former chief of the general litigation division — include claims that current First Assistant Attorney General Brent Webster threatened to fire employees if they gave testimony during the impeachment proceedings that was unfavorable to Paxton. The claim has not previously been reported, and Webster did not immediately respond to a request for comment.

It’s not clear if the claims were ever raised to law enforcement; Webster has not been charged with any criminal wrongdoing.

The first lawsuit was filed last month by Jordan Eskew, a former executive assistant for Stone and Hilton, against the two men and their private law firm. Eskew accused Stone of sexual harassment on multiple occasions in 2023 when she had taken leave from Paxton’s office to work for Stone and Hilton as private attorneys representing Paxton in the impeachment trial. She also claimed Hilton failed to protect her and that the two created a hostile work environment.

A spokesperson for Stone and Hilton’s law firm has called Eskew’s suit “a complete fabrication” and said that it was pushed by Paxton’s top deputy, First Assistant Attorney General Brent Webster, who has a “personal vendetta” against Stone and Hilton. Webster and Eskew are still working at the attorney general’s office.

This week, Stone and Hilton shot back with a suit of their own against Webster and other attorney general staffers, not including Eskew, and a bar complaint against Webster.

They claim Webster tried to damage their careers by lying about them and encouraging Eskew to file her sexual harassment suit.

Stone and Hilton also claimed in the filing to the State Bar of Texas that Webster tried to tamper with potential witnesses for Paxton’s impeachment proceedings by pressuring them to give favorable testimony or “to flee the state to evade being subpoenaed to disclose information harmful to Webster.” It does not specify which people were targeted.

Webster also demanded that Stone and Hilton “disclose confidential information” during the impeachment proceedings, which would have violated their professional obligation to Paxton, according to the bar complaint.

When they refused to share the information, the complaint alleges, Webster threatened retaliation against them and the firm.

The bar complaint also alleges Webster abused the power of his office by, in part, leveraging meetings with private citizens and lawyers to try to obtain future lucrative employment and harm his enemies.

The Bar’s law office will now review the complaint and decide within the next 30 days whether the allegations amount to professional misconduct, and if so, it will conduct an investigation.

See here for more on the Jordan Eskew lawsuit. The Trib story that piggybacked off of this Chron report says that “both sides go to great lengths to stress that Paxton was not involved in any of the alleged malfeasances”, but that’s not a great look for him, either. Like, what are you as the boss of all of these people doing if all of this stuff is happening on your watch without you having any idea about it? Other than preening in front of cameras, a skill at which I will readily admit he excels. I for one will not try to predict how news like this will be received by the seething hordes of Republican primary voters. Even with everyone involved in this story being a true believer and literal Paxton crony, it’s not clear to me that any of this will be heard, understood, or accepted by them. But I will be happy to see John Cornyn spend a few million bucks trying to rub their faces in it. Reform Austin has more.

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ACLU and other interest groups seek to intervene in Texas Dream Act lawsuit

Good.

The American Civil Liberties Union (ACLU) of Texas, Texas Civil Rights Project, Democracy Forward, National Immigration Law Center, and the Dallas-based firm of Lynn Pinker Hurst & Schwegmann filed a motion to intervene today in ongoing federal court litigation — on behalf of La Unión del Pueblo Entero (LUPE), the Austin Community College District’s Board of Trustees (ACC), and college graduate student Oscar Silva — to defend the constitutionality of the Texas Dream Act against the U.S. Department of Justice (DOJ) and Texas Attorney General Ken Paxton.

On June 4, 2025, the Department of Justice (DOJ) sued the State of Texas to block the Texas Dream Act, a 24-year-old in-state college tuition law. Just hours after the DOJ filed the lawsuit — and without time for impacted individuals to express their concerns with the action — Paxton entered into a consent judgment with the federal government.

In 2001, Governor Rick Perry signed the Texas Dream Act, a law passed with bipartisan support that guarantees access to in-state tuition and financial aid for persons (including non-citizens, permanent residents, and visa holders) who graduate from and complete at least three years in Texas high schools. Dreamers must sign an affidavit stating that they will apply to become permanent residents as soon as they have the legal path to do so. The Texas Dream Act honors that Dreamers are part of our communities, invested in Texas, and that, when students are able to pursue higher education, the State continues to thrive.

In 2021, just over 20,000 students signed in-state tuition affidavits, making up 1.5% of students enrolled at Texas public colleges and universities and related institutions. These students add significantly to the overall tax revenue of the state and to the funding that institutions receive. Immigrants who hold a bachelor’s degree make more than double the salary of immigrants who do not hold bachelor’s degrees, which equates to an added $2,151 more dollars in taxes per impacted person. The Dream Act has financially benefited Texas. Without the Act, it is estimated that the state’s economy will lose over $461 million annually.

The DOJ’s order, which was agreed to without proper process, creates sweeping uncertainty for impacted students and colleges and universities as well. As students prepare to attend school in the fall, the failure of neither the DOJ nor the attorney general to defend the Texas Dream Act threatens their ability to afford tuition – and suddenly threatens their dreams of pursuing higher education.

By moving to intervene, these groups and individuals hope to challenge this abusive litigation strategy and defend the Texas Dream Act, which has enabled a generation of Texans to grow their careers and become leaders in our communities.

See here for the background. A group of undocumented students have already filed a motion to intervene, so this is adding on to that effort. I have no idea when – or, honestly, even if – there will be a hearing on these motions. It’s clear to me that these are meritorious arguments, but considering the judge involved, that may not mean much. We’ll see.

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A look at the Tesla robotaxi rollout

Because I have an unhealthy obsession with this cursed topic, here’s a brief roundup of news stories about how the first day of Tesla’s long-expected robotaxi rollout in Austin went.

First, you should know that only pro-Tesla influencers were invited to take a ride in one of these vehicles.

A group of social media influencers and Tesla investors were invited to participate in the Robotaxi trial, with many posting about their experiences online. Passengers were accompanied by a Tesla employee in the front passenger seat to oversee the ride and intervene if necessary.

Participants were able to request a ride in the app for a flat fee of $4.20 in a geofenced area between 6 a.m. to midnight, according to an X post of the early access invitation from Sawyer Merritt, a Tesla investor and enthusiast.

“As an Early Access rider, you will be among the first to use our new Robotaxi app and experience an autonomous ride within our geofenced area in Austin,” read the invitation.

Users said they were pleased with the Robotaxi service as they were dropped off at supermarkets, coffee shops, restaurants and other locations around Austin.

[…]

Musk has promised self-driving Teslas for nearly a decade with little to show.

Musk first announced Tesla’s aspirations in the autonomous vehicle industry in 2013, predicting Tesla would be building a self-driving car by 2016 with 90% of miles driven.

Over the next three years, the company would continue its promise to launch self-driving cars while making advancements in Autopilot and launching various car models.

In 2016, Tesla released a 4 minute video showing a Tesla driving itself to the sound of the Rolling Stones’ “Paint It Black.” Musk promoted the demonstration on X, Twitter at the time, writing, “Tesla drives itself (no human input at all).” In 2023, Reuters reported the footage was staged with Musk’s knowledge.

Musk also promised that year, according to Business Insider, that a Tesla vehicle would be able to drive fully autonomously from Los Angeles to New York City by the end of 2017.

Over the next 7 years or so, Jalopnik reported, Musk would set deadlines for when Tesla expected to launch autonomous vehicles but when the time came would shift back the deadlines another year or so.

Gotta love the shade. This AP story gets into more of that.

Elon Musk promised in 2019 that driverless Tesla “robotaxis” would be on the road “next year,” but it didn’t happen. A year later, he promised to deliver them the next year, but that didn’t happen either.

Despite the empty pledges the promises kept coming. Last year in January, Musk said, “Next year for sure, we’ll have over a million robotaxis.”

Would you settle for 10 or 12?

Musk appears to be on the verge of making his robotaxi vision a reality with a test run of a small squad of self-driving cabs in Austin, Texas, that began Sunday. Reaching a million may take a year or more, however, although the billionaire should be able to expand the service this year if the Austin demo is a success.

The stakes couldn’t be higher, nor the challenges.

While Musk was making those “next year” promises, rival Waymo was busy deploying driverless taxis in Los Angeles, San Diego, Austin and other cities by using a different technology that allowed it to get to market faster. It just completed its 10 millionth paid ride.

[…]

The test is beginning modestly enough. Tesla is remotely monitoring the vehicles and putting a person in the passenger seat in case of trouble. The number of Teslas deployed will also be small — just 10 or 12 vehicles — and will only pick up passengers in a limited, geofenced area.

Musk has vowed that the service will quickly spread to other cities, eventually reaching hundreds of thousands if not a million vehicles next year.

Some Musk watchers on Wall Street are skeptical.

“How quickly can he expand the fleet?” asks Garrett Nelson, an analyst at CFRA. “We’re talking maybe a dozen vehicles initially. It’s very small.”

Morningstar’s Seth Goldstein says Musk is being classic Musk: Promising too much, too quickly.

“When anyone in Austin can download the app and use a robotaxi, that will be a success, but I don’t think that will happen until 2028,” he says. “Testing is going to take a while.”

Musk’s tendency to push up the stock high with a bit of hyperbole is well known among investors.

This Slate story goes even harder on the snark. I’ll leave it to you to read since the factual recitals are now familiar.

Not all of the reaction is negative – the stock market, for one, was pretty positive – and even I will have to admit that Musk’s many companies do achieve things. I’m just enjoying the side-eye he’s getting. And there were a couple of mishaps, nothing harmful but perhaps a reminder that for all of the bravado, Tesla and Musk are very much at the start of a still-long process.

Tesla finally has a robotaxi. Now comes the hard part.

The electric-vehicle maker deployed its first-ever driverless cabs in Austin, Texas, on Sunday in a small-scale test of carefully monitored Model Y vehicles. Next, the company faces the steep challenge of executing on CEO Elon Musk’s ambition to refine the software and upload it to millions of Teslas within a year or so.

Such a rapid expansion will prove extremely difficult, about a dozen industry analysts and autonomous-vehicle technology experts told Reuters. These observers expressed a range of views about Tesla’s prospects but all cautioned against assuming a light-speed robotaxi rollout.

Some pointed to advantages Tesla might exploit to overtake rivals including Alphabet’s Waymo and a host of Chinese auto and tech companies. Tesla has mass-manufacturing capacity, and it pioneered remote software updates it can use for self-driving upgrades. The automaker also does not use sensors such as radar and lidar like Waymo and most rivals; instead, it depends solely on cameras and artificial intelligence.

“A rollout could be really quick. If the software works, Tesla robotaxi could drive any road in the world,” said Seth Goldstein, a Morningstar senior equity analyst, while cautioning that Tesla is still “testing the product.”

In Austin, Tesla launched a choreographed experiment involving maybe a dozen cars, operating in limited geography, with safety monitors in the front passenger seat; remote “teleoperators”; plans to avoid bad weather; and hand-picked pro-Tesla influencers as passengers.

For years, Musk has said Tesla would soon operate its own autonomous ride-hailing service and also turn any Tesla, new or used, into a cash-generating robotaxi for its customers. That will be “orders of magnitude” more difficult than testing in Austin, said Bryant Walker Smith, a University of South Carolina law professor focused on autonomous-driving regulation.

“It’s like announcing that, ‘I’m going to Mars’ and then, you know, going to Cleveland,” Smith said.

Musk has said Tesla will reach Mars, in that metaphor, quite quickly: “I predict that there will be millions of Teslas operating fully autonomously in the second half of next year,” he said in April.

Musk and Tesla did not respond to requests for comment. Tesla shares ended 8.2% higher at $348.68 on Monday on investor enthusiasm over the robotaxi launch.

Given Tesla’s AI-dependent approach, its challenge will be machine-training robotaxis to handle complex traffic “edge cases,” said Philip Koopman, a Carnegie Mellon University computer-engineering professor and autonomous-technology expert. That could take many years.

“Look, how long has it taken Waymo?” Koopman asked. “There’s no reason to believe Tesla will be any faster.”

It should be noted that Tesla is not only competing with Waymo. Have you heard of Zoox?

Amazon’s Zoox plans to enter the fray late this year with a custom-designed, van-like model loaded with sensors and cameras that it hopes will set it apart.

“We’re offering a unique experience for riders that we think they’ll prefer,” said cofounder and CTO Jesse Levinson, during a tour of the new Zoox robotaxi factory in Hayward, California, this week. “The ride quality, the carriage-style seating, the roomy interior–we think all of this is going to be what sets us apart.”

After 11 years of preparation and billions of investment dollars from Amazon, Zoox intends to launch its commercial robot ride service late this year in Las Vegas, with San Francisco, Austin, Miami, Los Angeles and Atlanta to follow. Rather than loading up existing vehicles with sensors and computers like Waymo has, Zoox’s plan from the outset has revolved around creating a robotaxi service with an electric model unlike any on the road.

There’s no steering wheel, pedals or external mirrors; it has sliding doors reminiscent of transit trains; and it’s designed as a bidirectional vehicle, with an identical front and rear. The Zoox robotaxi has a top speed of 75 miles per hour, though for now it won’t typically exceed 45 mph on urban and suburban runs. It’s also intended to operate for up to 16 hours per charge per day and remain in service for at least five years and 100,000 miles.

The combination of that long service life and ability to provide dozens of rides per day are key to creating a profitable business, even with a vehicle that costs much more than a conventional electric car, said CEO Aicha Evans. “We’re selling rides, not vehicles,” she said, declining to discuss the cost of producing the Zoox-mobile. “We want to offer the best experience at a competitive price.”

There’s a picture of a Zoox robotaxi in that story, and I have to say it looks weird, more like one of those Metro microtransit shuttles than something one would envision when one thinks of a “taxi”. But if Zoox is being backed by Amazon, you know they’ll have plenty of resources to make this go, and to manufacture a bunch of them. Don’t underestimate them.

One more look at the rollout:

Tellingly, the service is not open to the general public, nor is it completely “unsupervised,” as Elon Musk once promised. The vehicles will include Tesla-employed “safety monitors” in the front passenger seat who can react to a dangerous situation by hitting a kill switch. Other autonomous vehicle operators would place safety monitors in the driver or passenger seats, but typically only during the testing phase. Tesla is unique in its use of safety monitors during commercial service.

The rides are limited to a geofenced area of the city that has been thoroughly mapped by the company. And in some cases, Tesla is using chase cars and remote drivers as additional backup. (Some vehicles have been spotted without chase vehicles.)

The service is invite only at launch, according to Tesla’s website. A number of pro-Tesla influencers have received invites, which should raise questions about how unbiased these first critical reactions will be. Tesla hasn’t said when the service will be available to the general public.

The limited trial includes 10-20 Model Y vehicles with “Robotaxi” branding on the side. The fully autonomous Cybercab that was first revealed last year won’t be available until 2026 at the earliest. The service operates in a small, relatively safe area of Austin from 6AM to 12AM, avoiding bad weather, highways, airports, and complex intersections.

Despite those hours, the robotaxi service seems to have gotten off to a slow start. Several invitees had yet to receive the robotaxi app by 1PM ET on Sunday. Sawyer Merritt, who posts pro-Tesla content on X, said he saw 30 Waymo vehicles go by while waiting for Tesla’s robotaxi service to start. Musk posted at 1:12PM that the service would be available later that afternoon, adding that initial customers would pay a “flat fee” of $4.20 for rides — a weed joke with which Musk has a troubled history.

[…]

And then the rides began — and they appeared to be mostly uneventful. Several invitees livestreamed themselves summoning their first cars, interacting with the UI, and then arriving at their destination. Several videos lasted hours, as the invitees would conclude a trip and then hail another car immediately after. One tester, Bearded Tesla Guy, described the app’s interface as “basically Uber.” Many had some difficulty finding the pickup location of their waiting Tesla robotaxi.

“This is like Pokemon hunting,” one person on Herbert Ong’s livestream said, “but its robotaxi hunting.”

Once inside, the Tesla-employed safety monitor would ask the riders to show their robotaxi apps to prove their identities. Otherwise the safety monitors kept silent throughout the ride, despite riders trying to get them to talk. I’m assuming that Tesla will need to come up with some other way to identify their riders if they plan on removing the safety monitors from the passenger seat. Waymo, for example, asks customers to unlock their vehicle through the ridehail app.

There’s more, so read the rest. I’ll be very interested to see what the experience is like for the non-fanboys, when the service is rolled out to a wider audience and presumably a winder array of locations and options. In the meantime, there it is, after all this time.

Posted in Planes, Trains, and Automobiles | Tagged , , , , , , , , , , , , , , , , , , | 5 Comments

SCOTx rules for San Antonio in the Brackenridge Park religious liberties case

Noted for the record.

The Texas Supreme Court has sided with the City of San Antonio in a dispute involving a Native American church that worships at Brackenridge Park.

The case centers on the Lipan- Apache Native American Church, who consider a portion of Brackenridge Park a sacred place. The city’s planned improvements to the area included removing trees and bird habitat. The city has halted work where the ceremonies are held.

It began with a bond issue San Antonio voters approved in 2017. The bond included funds to refurbish part of the park, including renovating the old pump house and the elimination of some trees.⁠

The trees are the nesting spaces of the large white cormorants in the Lambert Beach area, near the Brackenridge Conservancy’s headquarters building. Hundreds of the migratory birds nest there each year. The large, fetid mess they leave on the ground under them is considered a health hazard, particularly for children.⁠

In its ruling the Texas Supreme Court said the Texas Constitution’s provisions do not extend to governmental actions for the preservation and management of public lands.

Gary Perez, a member of the Lipan-Apache Native American Church, said that “We are going to continue to pray for the best to keep the trees there, our spiritual ecology, the trees, the birds. We’ll just continue to pray all the way through and hope that God will intervene and soften some hearts.”

See here for some background. This was a federal religious liberties case that was heard by the Fifth Circuit, which initially affirmed a ruling in favor of the city of San Antonio but granted a rehearing after the state amended its constitution in 2021 that the plaintiffs said had bearing on their claim. The Fifth Circuit granted the motion for a rehearing but first referred the case to SCOTx for a ruling on the state constitutional matter, which is typical in this kind of case. And now we have it, and we’ll see what happens next. As I said before, I didn’t really lean one way or the other, I just thought this was an interesting case and I wanted to see how it turned out. Now I have it.

Posted in Legal matters | Tagged , , , , , , , , , , , , , | Leave a comment

Texas blog roundup for the week of June 23

The Texas Progressive Alliance strongly opposes the illegal bombing of Iran as it brings you this week’s roundup.

Continue reading

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Virts becomes first official Dem Senate candidate

Surely not the last.

Terry Virts (Credit: REUTERS/Ivan Sekretarev/Pool)

Terry Virts, a former astronaut and International Space Station commander, announced Monday he is running for the U.S. Senate in Texas as a Democrat.

With his campaign launch, Virts became the first Democrat to join what is likely to be a crowded primary field vying for the seat currently held by Republican U.S. Sen. John Cornyn.

In a video announcing his candidacy, Virts, 57, drew on his background as an astronaut while distancing himself from the Democratic establishment. “After every mission, we debrief, no excuses, just the truth,” he said. “After the 2024 election disaster, Washington Democratic leadership skipped the debrief.”

He went on to accuse national party leaders of clinging to “the same old bankrupt ideas that they, and not voters, should pick our candidates and that we should run the same old, tired playbook again, hoping for a different outcome.”

Virts, clad in an astronaut jumpsuit and describing himself as a “common-sense Democrat,” highlighted his background in the Air Force, noting that he joined the military at 17 and went on to fly combat missions over Iraq. After he retired from NASA, Virts became a public speaker, delivering lectures, appearing on podcasts, working as an executive coach and authoring several children’s books.

In the launch video, Virts painted the Republican Party as dishonest, adding, “Trump’s chaos must be stopped. The corruption is overwhelming.”

The former astronaut took a shot at Attorney General Ken Paxton, who has launched a Republican bid for the Senate. But he did not mention Cornyn, the incumbent GOP senator running for a fifth term and polling well behind Paxton.

Virts was one of the first candidates to make his possible entry known, back in April. He’s got a good profile and I like how he made his entry, but as we know the ability to fundraise is paramount. Declaring at this late-in-the-quarter date means we shouldn’t expect much in July, but we’ll be taking a close look in October. Welcome to the race Terry Virts. Enjoy the room you have for now, we expect there will be company. The Chron and the Current have more.

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Introducing Houston City College

I don’t hate it.

Houston Community College will be renamed Houston City College, holding onto the ‘HCC’ moniker yet marking a major shift for the 54-year-old institution as it seeks to provide broader educational opportunities.

The college system’s board of trustees approved the name change with a 6-3 vote at a Wednesday meeting. The decision came after almost a year of research, input and debate, including concerns over an estimated $2.8 million cost of rebranding.

The majority of trustees agreed that the name change would better reflect the college’s offerings, however. HCC graduated its first students this May with bachelor’s degrees in health care management and artificial intelligence and robotics, and college officials are exploring potential bachelor’s degrees in business management, networking and nursing. All three would need to be OKed by the board before going to state and accreditation officials for final approvals.

The new degrees — and the name change — don’t take away from HCC’s roots and its focus on workforce readiness, said Vice Chair and District IV Trustee Laolu Davies-Yemitan.

“There’s a persistent commitment to this college’s mission. This vote does not change that,” Davies-Yemitan said at the meeting. “To the Houston public, it’s essential to understand this is a further affirmation of hopefully what Houston Community College’s promise to this community has been and will be moving forward.”

Chancellor Margaret Ford Fisher was a leading voice in favor of the rebrand, viewing it as a responsibility to students with degrees that might not be reflected through the name “community college.” HCC also commissioned a survey where students and area employers said they viewed credentials as stronger from a “college” versus a community college.

Trustees chose Houston City College over the options Greater Houston College and Houston College. Dozens of junior colleges across Texas have changed their names in recent decades, including Lone Star College, which evolved from the North Harris Montgomery Community College District. Dallas Community College also became Dallas College in 2020.

[…]

[Trustee Monica] Flores Richart said that she would prefer the money goes to students that might struggle to afford college.

“There’s no push to do this right now,” she said. “To change the name for two baccalaureate programs before we even had the discussion about how we as a board want to expand or don’t want to expand the baccalaureate program just doesn’t make a lot of sense to me.”

See here for the background. There’s certainly a good argument for not spending extra money on discretionary items at a time like now, when higher education and its funding sources are under attack from a malevolent federal government. I agree that this could have been delayed, but if the name change does help the school promote its new programs and add to its image, I’m okay with it. Ask me again after they’ve completed the rollout.

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Abbott vetoes THC bill and calls special session

Waited till the last minute because he’s such a drama queen.

Gov. Greg Abbott on Sunday vetoed a contentious state ban on THC products and shortly after called a special legislative session asking lawmakers to instead strictly regulate the substance.

The late-night action just minutes before the veto deadline keeps the Texas hemp industry alive for now, while spiking a top priority of Lt. Gov. Dan Patrick.

Senate Bill 3 would have banned consumable hemp products that contained any THC, including delta-8 and delta-9.

Abbott, who had remained quiet about the issue throughout the legislative session, rejected the measure amid immense political pressure from both sides of the aisle, including from conservatives activists typically supportive of Patrick’s priorities.

Soon after midnight, Abbott called lawmakers back to the Capitol for a special session beginning July 21 with consumable hemp regulation at the top of the agenda.

“Texas must enact a regulatory framework that protects public safety, aligns with federal law, has a fully funded enforcement structure and can take effect without delay,” Abbott said.

In a statement explaining his veto, Abbott argued that SB 3 would not have survived “valid constitutional challenges,” and that the bill’s total ban “puts federal and state law on a collision course,” noting that the 2018 federal Farm Bill legalized hemp products.

“Allowing Senate Bill 3 to become law — knowing that it faces a lengthy battle that will render it dead on arrival in court — would hinder rather than help us solve the public safety issues this bill seeks to contain,” Abbott said. “The current market is dangerously under-regulated, and children are paying the price. If Senate Bill 3 is swiftly enjoined by a court, our children will be no safer than if no law was passed, and the problems will only grow.”

Abbott urged lawmakers to consider an approach similar to the way alcohol is regulated, recommending potential rules including barring the sale and marketing of THC products to minors, requiring testing throughout the production and manufacturing process, allowing local governments to prohibit stores selling THC products and providing law enforcement with additional funding to enforce the restrictions.

Abbott’s veto — and his push for a regulatory approach — puts him directly at odds with Patrick, the powerful head of the Senate, who had called the THC ban among his “top five” bills during his 17 years in the Legislature and threatened in February to force a special session if he did not get his way.

Patrick excoriated the veto on social media Sunday, saying Abbott’s “late-night veto” would leave law enforcement and families whose loved ones have been harmed by high-potency products “feeling abandoned.”

“Throughout the legislative session, @GregAbbott_TX remained totally silent on Senate Bill 3, the bill that would have banned dangerous THC products in Texas,” Patrick said. “I feel especially bad for those who testified and poured their hearts out on their tragic losses.”

See here for the previous update, and here for other vetoes and the initial special session call. One of those vetoes is especially egregious:

Among the bills Abbott vetoed was House Bill 413, which would have ensured that no defendant could be held in custody before trial for longer than the punishment they would receive if convicted. That bill, which was co-authored by a bipartisan group of five lawmakers from around the state, passed the House 126-10 and the Senate 30-1.

When promoting the bill on KCEN news before its passage in May, co-author Rep. Pat Curry, R-Waco, said, “if there’s a penalty that requires two years in prison and you’ve spent two years waiting to go to trial, you need to be released.”

I’ve run out of adjectives to describe what a shitheel Abbott is. Feel free to supply some of your own in the comments. He can add to the call anytime and call more sessions as he sees fit, so what we have now is unlikely to be all of the business the Lege will be told to attend to. Whether or not that includes re-redistricting is a question we don’t yet know the answer to.

Right now, the THC situation is front and center. Dan Patrick is mad, and as I suggested before it’s not clear to me that there’s enough Republican support in the Senate to pass a House-like bill. Patrick controls the agenda in the Senate, and he could simply decide that there’s no bill acceptable to both him and Abbott that can or will make it through. The main uncertainty there is that the status quo is now what it was before, with the THC market being lightly regulated. Would Dan Patrick prefer to get over himself and push for a maximally restrictive regulatory structure, knowing that he would get opportunities for further tightening in subsequent sessions (assuming this all doesn’t lead to him being unelected), or does he embrace the chaos and use the next two year railing about how the legal market for THC products is bad and harmful and maybe the next time people will listen to him as they should have done all along? Hell if I know. Keep an eye on what he says leading up to July 21.

One more point to consider, this isn’t just about Abbott versus Patrick. Patrick as noted got his bill through the Senate, with his minions in full support. He got the House to switch to his bill, which caused its own rift after his temporarily broken promise on expanding the medical marijuana allowances. My point is that a lot of Republican legislators voted for the ban, some with full hearts while quite a few others did so against their inclinations. Whatever happens in the special session(s), they may well get challenged on that in the 2026 elections, both primary and general. It’s one thing to step out onto a limb and against your supporters’ preferences when you have the backing of your party leadership. It’s another to be hung out to dry, which is what Abbott’s veto did to them. So now even though many Republicans will get a chance to do what they wanted to do initially, they’ve got to be smarting about this. Abbott has more than one fence to mend, is what I’m saying. The Chron and The Barbed Wire have more.

UPDATE: Off to a great start.

Lt. Gov. Dan Patrick said Monday that he would not agree to Gov. Greg Abbott’s calls to regulate THC products — which he equated to legalizing marijuana in Texas — setting up an apparent impasse between the state’s two most powerful Republicans as lawmakers are set to return to Austin this summer.

Patrick, the biggest champion of outlawing hemp-derived THC products, said he believes Abbott put lawmakers in a box by vetoing the ban and urging them to treat the booming industry similarly to the way Texas handles alcohol.

“What Governor Abbott proposes is for us to legalize marijuana in Texas — by regulating it,” Patrick said during an at-times heated press conference at the Capitol on Monday.

“I’m not going to legalize marijuana in Texas,” Patrick said. “If people want to vote me out of office for that, so be it. Not going to do it.”

[…]

Patrick said he was caught off guard by Abbott’s move late Sunday night to veto the THC ban that was one of the lieutenant governor’s top priorities, claiming the governor had previously assured him he would sign the bill.

“We usually find common ground. But this veto, this late — after he told me he was going to sign it: ‘Your bill’s fine,’” Patrick said. “I didn’t start this. I did my work. We did our legal work. We talked to lawyers, we made sure this was constitutionally sound.”

A spokesman for the governor said Abbott “has always shared the Lieutenant Governor’s desire to ensure that THC products are not sold to our children and that the dangerous synthetic drugs that we have seen recently are banned.”

[…]

The lieutenant governor said Monday that he had worked with Abbott this session on the governor’s priority legislation establishing a cybersecurity hub in San Antonio, which Patrick said he did not initially support. But he said he asked Abbott for an argument for the bill and eventually came around.

“I took it home, I read it for the weekend, and I said, ‘I’m with you, you made your point’,” Patrick said.

Patrick said Abbott did not extend the same courtesy on his THC ban.

“Where was he on this bill?” Patrick said. “He could have talked to us at any time. The speaker, myself, members — he didn’t ever discuss this. And then to parachute in at the last moment over the will of the Senate and the House.”

“We will work through it, hopefully,” Patrick said. “But it’s not the state I want. I don’t want my kids, my grandkids, growing up in a state where everybody’s high.”

I’m fully on board with the voting him out of office part. Make it a double for Abbott, too. As for Abbott’s parachute-in-at-the-last-minute stuff, I mean, that’s been his MO for his entire time as Governor. This time it hit home for Patrick. No sympathy from me, of course. Let them fight. The Trib has more.

Posted in That's our Lege | Tagged , , , , , , , , , , , , , | 6 Comments

Bobby Cole

From the inbox, we have a Democrat running for Governor:

Bobby Cole

Democrat Bobby Cole today announces his candidacy for Governor of Texas. Born near Houston and raised in East Texas, Bobby understands what everyday Texans are going through, because he’s been in our shoes, worrying about rising costs and paying bills.

As a young man, Bobby realized that dairy farming wouldn’t pay his bills, but firefighting would allow him to earn a living and keep his dairy farm alive. It ended up being a lifelong mission that taught him about making life-or-death decisions. Now Bobby’s small business manages 300 head of cattle and raises more than a million chickens per year – all feeding American families in the process.

Bobby hasn’t run for office before, but felt compelled to step forward after Donald Trump was elected to office and Elon Musk used a hatchet on crucial government services that seniors, farmers, and veterans depend on. And here in Texas, Greg Abbott has let the state go up in flames, threatening families and the lives they’ve built.

A Democrat with heroes like LBJ and FDR, Bobby understands what is at stake in this election.

“Greg Abbott bows to Trump and ignores the biggest problems we face as Texans: out-of-control property taxes, government burrowing in our private lives, and policies driven by billionaires and bullies,” Cole said. “As a small business owner, I know what it feels like to be squeezed. As a firefighter, I learned how important every second is in an emergency. I’ve lived my values, and Texans should expect no less from their leaders.”

You can watch Bobby Cole’s introduction video here.

Bobby Cole is not your typical politician, but he is your typical Texan: Practical, with decades of hard work under his belt, he treats others with empathy and has a great sense of humor. He’ll fight for what he believes in. No matter who it pisses off.

Learn more about Bobby Cole’s campaign for Texas Governor at www.ColeForGovernor.com.

Here’s his intro on BlueSky. Fair to say he’s not the typical statewide Dem candidate; we’ll see what kind of reception he gets. For better or worse, being able to raise enough money to be able to get a message out is Job #1. You’ll never outraise Greg Abbott, but you do need to do enough for yourself. I continue to believe that the various lists of statewide hopefuls includes at least one person who will run for Governor. I’m just glad that the count is now greater than zero.

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Tesla launches its robotaxi service in Austin

Not quite as they wanted, but it is going.

After driverless Tesla Model Ys were spotted traversing Austin, Texas streets on Sunday morning, CEO Elon Musk posted on his social platform X that Tesla’s “robotaxi launch” would start this afternoon with rides for a flat fee of $4.20.

A Reuters witness saw several Tesla “robotaxis” on Sunday morning in a popular area of the Texas capital called South Congress with no one in the driver’s seat but one person in the passenger seat.

Tesla planned to have front-seat riders acting as “safety monitors,” though it remained unclear how much control they would have over the vehicles. Videos of driverless Teslas have also been posted on social media but it was not known if the vehicles carried any passengers.

As the date of the planned robotaxi launch approached, Texas lawmakers moved to enact rules on autonomous vehicles in the state. Texas Governor Greg Abbott, a Republican, on Friday signed legislation requiring a state permit to operate self-driving vehicles.

The law does not take effect until September 1, but the governor’s approval of it on Friday signals state officials from both parties want the driverless-vehicle industry to proceed cautiously. A group of Democratic state lawmakers earlier this week asked Tesla to delay its planned robotaxi trial because of the legislation.

[…]

In recent days, Tesla has sent invites to a select group of Tesla online influencers for a small and carefully monitored robotaxi trial, which the company has said would include 10 or 20 Model Y vehicles operated in a limited zone of Austin.

See here and here for the previous updates. KUT has more on the concerns that had been expressed by legislators, whi asked Tesla to delay their rollout until September 1 when the new law takes effect.

Brad Templeton at Forbes has an interesting view of these developments.

Tesla’s much-anticipated June 22 “no one in the vehicle” Robotaxi launch in Austin is not ready. Instead, Tesla has announced to its invite-only passengers that it will operate a limited service with Tesla employees on board the vehicle to maintain safety. Tesla will use an approach that was used in 2019 by Russian robotaxi company Yandex, putting the safety driver in the passenger’s seat rather than the driver’s seat. (Yandex’s robotaxi was divested from Russian and now is called AVRide.)

Having an employee on board, commonly called a safety driver, is the approach that every robocar company has used for testing, including testing of passenger operations. Most companies spend many years (Waymo spent a decade) testing with safety drivers, and once they are ready to take passengers, there are typically some number of years testing in that mode, though the path to removing the safety driver depends primarily on evaluation of the safety case for the vehicle, and less on the presence of passengers.

Tesla has put on some other restrictions—rides will be limited to 6 a.m. to midnight (the opposite of Cruise’s first operations, which were only at night) and riders come from an invite-only list (as was also the case for Waymo, and Cruise and others in their early days). Rides will be limited to a restricted service area (often mistakenly called a “geofence”) which avoids complex and difficult streets and intersections. Rides will be unavailable in inclement weather, which also can happen with other vehicles, though fairly rarely today. Tesla FSD is known to disable itself if rain obscures some of its cameras—only the front cameras have a rain wiper. The fleet will be small.

[…]

Almost all vehicles use a safety driver behind the wheel. Tesla’s will be in the passenger seat, in a situation similar to that used by driving instructors for student human drivers. While unconfirmed by Tesla, the employee in the passenger seat can grab the wheel and steer. Because stock Teslas have fully computer-controlled brake and acceleration, they might equip the driver with electronic pedals. Some reports have suggested they have a hand controller or other ways to command the vehicle to brake.

There is no value to putting the safety driver on the passenger’s side. It is no safer than being behind the wheel, and believed by most to be less safe because of the unusual geometry. It’s hard to come up with any reason other than just how it looks. Tesla can state the vehicles have “nobody in the driver’s seat” in order to attempt to impress the public. The driving school system works, so it’s not overtly dangerous, but in that case there’s an obvious reason for it that’s not optics.

That said, most robocar prototypes, including Tesla supervised FSD, are reasonably safe with capable safety drivers. A negligent and poorly managed safety driver in an Uber ATG test vehicle killed a pedestrian in Tempe, Arizona when the safety driver completely ignored her job, but otherwise these systems have a good record. The combination of Tesla Autopilot and a supervising driver has a reasonable record. (The record is not nearly as good as some people think Tesla claims. Every quarter, Tesla publishes a deeply misleading report comparing the combination of Tesla Autopilot plus supervisor to the general crash rate, but they report airbag deployments for the Teslas mostly on freeways and compare it without general crash numbers on all roads for general drivers. This makes it seem Autopilot is many times safer than regular drivers when it’s actually similar, a serious and deceitful misrepresentation.)

As noted, Yandex, now AVRide, has used safety drivers in the passenger seat, and has done so in Austin—also speculated to be mostly for optics, though there are some legal jurisdictions where companies shave made this move because the law requires safety drivers and they hope to convey an aura of not needing them. This has also been the case in China. When Cruise did their first “driverless” demo ride in San Francisco, they had an employee in the passengers seat.

So Tesla has been ready to run with safety drivers for years. What’s tested here isn’t the safety of the cars, but all the complexity of handling passengers, including the surprising problems of good PuDo (Pick-up/Drop-off). Whether Teslas can operate a safe robotaxi with nobody onboard, particularly with their much more limited sensor hardware, remains to be seen.

[…]

The question for Tesla will be whether the use of safety drivers is a very temporary thing, done just because they weren’t quite ready but needed to meet the announced date, or a multi-year program as it has been for most teams. Tesla is famous for not meeting the forecast ship dates for its FSD system, so it’s not shocking that this pattern continues. The bigger question is whether they can do it at all. Tesla FSD 13, the version available to Tesla owners, isn’t even remotely close to robotaxi ready. If Tesla has made a version which is closer, through extra work, training and severe limitations of the problem space, it’s still a big accomplishment. This will be seen in the coming months. Two robocar teams had severe interactions with pedestrians, resulting in the end of both teams. Tesla knows they must not make mistakes.

So I dunno. I wouldn’t trust anything from Elmo, but you already knew that. We’ll have to see what the Austin population of robotaxi-curious people think – again, you know where I stand on that. KVUE has more.

Posted in Planes, Trains, and Automobiles | Tagged , , , , , , , , , | Leave a comment

The Montrose texts

A look behind the curtain at what was happening with the Montrose TIRZ as the original plan for redoing Montrose Blvd got significantly changed by Mayor Whitmire.

For over a year, Montrose residents have fiercely debated redesign plans for their namesake boulevard, a battle that played out in meetings, neighborhood flyers and sidewalk protests.

But while the controversy unfolded in plain view, a different kind of influence quietly shaped the outcome behind closed doors, stripping the project of attributes that would have made the boulevard more friendly for bikers and pedestrians.

Dozens of text messages obtained through a public records request, and shared with the Houston Chronicle, suggest that the Montrose Tax Increment Reinvestment Zone, a city board reshaped by Mayor John Whitmire, has been closely guided by Sue Lovell, a former City Council member and registered lobbyist for the Houston Professional Fire Fighters Association.

The messages reveal that Lovell appeared to exert significant influence over internal board decisions and public messaging, particularly through her connection to newly appointed board chair Matt Brollier. Community members and former board officials now allege that Lovell’s behind-the-scenes involvement helped consolidate power and suppress dissent over a scaled-back version of the original Montrose Boulevard redesign.

In a written statement, Lovell said she is a 50-year Montrose resident, and said she met Brollier during her time as a City Council member, calling him her “friend and neighbor.”

“When asked, I have been happy to share my 50 years of experience and leadership in the Montrose community and three elected terms as a Houston City Council member and vice mayor pro tem,” Lovell said. “Like many other people in the Montrose community, I have felt free to express my displeasure about the way a board member voted.”

Lovell noted that she has “nothing but respect” for local organizers and leaders.

In a written statement provided through a spokesperson, Brollier said neither he nor the board has been pressured by any individual, including Lovell.

“Discussion and engagement come from any number of sources, including those who have recommendations and those who have different opinions on items,” Brollier said. “As as a board we take all of that into account when making our decisions. We work diligently to meet the established goals of the TIRZ.”

[…]

To many Montrose residents, the release of dozens of text messages between Brollier and Lovell confirmed what they long suspected: that decisions about the future of their neighborhood have been guided less by community input and more by behind-the-scenes political influence.

Beth Shook, a Montrose resident and civic association board member, said the texts reinforce the sense that the board is not engaging with residents in good faith. While she has interacted with both current and former board members, including Brollier, she believes the board, reshaped by Whitmire, was appointed with an agenda in mind.

“They are expected to fall in line with the mayor’s vision,” Shook said. “It’s clear that there are backroom discussions with a person who is not on the board and is not an elected official. It feels as though board members are negotiating the way to vote on plans like Montrose Boulevard, and the pressure isn’t coming from the community.”

She also pointed to a tone of hostility in the texts, particularly toward Montrose community organizations. Despite doubts about whether public pressure could shift the board’s direction, she said transparency remains critical.

“If neighbors can’t have their opinions heard by something like a neighborhood development board, then we really need to examine that,” Shook said. “This kind of influence could happen in other neighborhoods, too.”

See here for the previous update, and read the story for the texts, some of which are spicy. From my outside perspective, I think Beth Shook has it right. Outside of getting the cops and firefighters paid, nothing has animated the Mayor more than meddling in street projects that had been planned and in some cases executed by Mayor Turner. This is right in his wheelhouse, and this is how he operates. I know it’s a niche issue and unlikely to move voters, but maybe the next Mayor should make a campaign promise on putting some controls on how TIRZ members are appointed, to ensure that actual representation is the basis of those appointments. (And as long as I’m wishing for things, I’d also like a pony. Thanks you.)

Posted in Elsewhere in Houston | Tagged , , , , , , , , , | 1 Comment

Weekend link dump for June 22

“Here are four key ways Trump’s policies could undermine Obamacare enrollment and coverage.”

“Why Obama’s Immigration Enforcement Policy Was Better Than Trump’s“.

Take proper care of your hummingbird feeder or you risk doing more harm than good.

“I just got back from the Trump parade and I have to say it was legitimately the worst executed mass attendance event I’ve ever seen”.

“For tens of thousands of U.S. service members with undocumented family members, there’s no guaranteed protection from immigration raids.”

“Well, sorry. You aren’t going to be able to use that Walmart stablecoin at Amazon if you want the cheapest lawn chair. For that, you’ll need some Amazon stablecoin. Did you see Delta is running a super deep discount on trips to London? You’ll need the Delta stablecoin and the Delta app. You get the picture.”

“A document the Department of Health and Human Services sent to lawmakers to support Secretary Robert F. Kennedy Jr.’s decision to change U.S. policy on covid vaccines cites scientific studies that are unpublished or under dispute and mischaracterizes others.”

“For the first time in modern U.S. history, we are witnessing purely vindictive and retaliatory actions being taken against non-partisan civil servants who simply performed their jobs consistent with law and policy during prior time.”

RIP, Betsy Gay, child actor from the “Little Rascals” movies, and also an award-winning yodeler.

RIP, Norma Meras Swenson, co-author and editor of most editions of the groundbreaking feminist book on women’s health “Our Bodies, Ourselves”.

“The National Women’s Law Center (NWLC) filed a lawsuit on behalf of 17 state domestic violence and sexual assault organizations on Monday, arguing that restrictions the Trump administration has placed on grants are illegal and conflict with requirements laid out in the Violence Against Women Act (VAWA).”

“[Threads] is launching a tool that lets users hide spoilers in text or images, to encourage discussion of TV shows and films on the platform.”

“As near as I can tell, none of the mainstream press coverage notes that the [Trump Mobile] phone does not actually exist and barring some true miracle cannot, in fact, exist, certainly not in September 2025.” See The Verge for more.

“The American Bar Association, the typically nonpartisan and reserved professional voice of the legal trade, is suing nearly every top federal government official to fight what it calls President Donald Trump’s “deliberate policy designed to intimidate and coerce law firms and lawyers” that challenge his policies.”

RIP, Arthur Folasa “Afa” Ah Loo, Project Runway contestant who was tragically shot at the No Kings rally in Salt Lake City. See here and here for more.

“Trump’s immigration crackdown is burning through cash so quickly that the agency charged with arresting, detaining and removing unauthorized immigrants could run out of money next month.”

RIP, Nina Kuscsik, pioneering distance runner who was an early advocate for women to be allowed to run in the major marathons, and then became the first female champion in the New York and Boston marathons.

When Fairbanks, Alaska, is issuing heat advisories, that sure seems like a bad sign.

RIP, Anne Burrell, chef and host of Food Network’s Worst Cooks in America.

Mike Trout is a mensch.

“Trump can hardly be ‘anti-war’ since he’s not even anti-war within the United States. He’s already done his first military deployment – to Los Angeles. War is fundamentally about violence and aggression. That violence and aggression can be tethered to a necessary or righteous goal. But the thing itself is violence and aggression. And violence and aggression are the essence of MAGA politics.”

“After claiming for years that he does not have the money to pay even a small fraction of the $1.3 billion he owes Sandy Hook families who won a defamation case against him, Infowars host and conspiracy theorist Alex Jones is now facing allegations that he engaged in a “flurry” of fraudulent transfers of some $5 million in cash, cars and property to his family members.”

“Edmunds, who is 99 years old, has been making quilts since she was seven, when she first learned to sew on a pedal-powered treadle machine using scraps of fabric. But it wasn’t until 50 years ago, after reading a magazine article, that she learned how runaway enslaved people in the South used encoded messages in quilts to make their way north along the Underground Railroad.” As the story notes, this is not a universally accepted idea. But it’s fascinating to consider.

“If these thugs show up at your store, get on the PA and call a Code Adam. Station somebody at every exit. And, above all: If the would-be victim is located with an adult that is not their parent or guardian, employ all reasonable efforts to delay the departure of the adult without endangering staff or customer.”

RIP, Blake Farenthold, former Republican member of Congress from Corpus Christi.

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No one knows what Greg Abbott will do, special session edition

We’ll probably know something by the end of the day today, but beyond that who knows.

Gov. Greg Abbott seemed to get everything he wanted out of the Texas Legislature this year.

“Without a doubt, this is the best session I’ve ever had,” Abbott said during an interview with me last week.

After all, he finally got the private school vouchers and the bail reform he has long advocated for through the Legislature. And more property tax cuts passed are on their way — the issue he forced lawmakers into two special sessions over back in 2023.

But that doesn’t mean he’s ruled out calling legislators back to Austin to tackle more issue, depending on when he is asked.

When I talked to him on June 11, he said he didn’t see any need for a special session.

But two days later during a speech in Houston for the Harris County Republican Party’s Lincoln Reagan Day Dinner, Abbott hinted a special session may be needed because the Legislature didn’t pass a ban on cities, counties and school districts hiring lobbyists with taxpayer money to represent them at the Capitol.

“All I can say is we may not be done yet,” Abbott said, raising an issue that has struggled to gain traction in the Texas House for several sessions now.

[…]

The taxpayer lobbying ban and redistricting are two potential reasons for a special. Plus, if Abbott were to veto Senate Bill 3, which would ban THC products in Texas starting in September, he could call lawmakers in to tailor the bill more narrowly. That issue has divided the GOP with THC users and retailers flooding Abbott’s office with demands that he veto SB 3.

Once more, with feeling: Greg Abbott will do what Greg Abbott thinks is best for Greg Abbott. There are no other considerations. He’s gonna do what he’s gonna do, and he’ll tell us when he’s ready to tell us. I personally think he likes being the center of attention every now and then. Not too often – he famously disappears when the Lege is in session, only popping up at the end to mumble something about vetoes – but once in awhile, when it suits him. Some people, you wonder what’s going on inside their heads, what makes them tick, why they do what they do. Greg Abbott’s interior monologue is I believe somewhere between a Denny’s menu and an episode of “Matlock”, the original edition. There’s nothing particularly interesting about it.

As to external factors, I don’t think anything is pointing clearly in one direction or the other. On redistricting, the Republican Congressional caucus sounds lukewarm for the most part, probably because they recognize that any attempt to stretch the map out could put some number of them at risk going forward. On the THC ban, in addition to poking Dan Patrick it’s not clear to me that there’s sufficient Republican support in the Senate to do an allow-but-restrict bill. They had that option in the regular session, and rejected it twice. There may well be an overall majority in the Senate for that approach, but a majority that is mostly Democrats will not be acceptable to Dan Patrick, so it may as well not exist. As for the bam on local governments paying for lobbyists, I mean they’re going to need to have something to do in 2027. I don’t see that being a big enough issue to make Republican legislators willing to spend a couple more weeks in Austin.

Again, though, this is about what Greg Abbott wants. Today is the deadline for signing or vetoing bills, so either SB3 becomes law (with or without Abbott’s autograph) or it gets canned. If he does veto it, then maybe that is the pretext for a special session. Or maybe not. Who the hell knows? Maybe by the end of the day today we’ll know something.

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Harris County gets a win in health funding lawsuit

More good lawsuit news.

A district judge restored about $20 million in public health funding to Harris County and a coalition of local governments after ruling in their favor in a lawsuit against the U.S. Department of Health and Human Services, Harris County Attorney Christian D. Menefee announced Tuesday.

Harris County was set to lose funding for disease surveillance, immunization outreach and community health worker programs. Cuts also jeopardized mobile vaccination clinics and the county’s capacity to track more than 80 infectious diseases, including measles, mpox, zika and tuberculosis.

The court ruled the department overstepped its authority by cutting $11 billion in total funding Congress had already appropriated and local governments had already begun to implement, a news release from Menefee read.

“This ruling is a win for Harris County residents and public health departments across the country,” Menefee wrote in the release. “The federal government cannot simply ignore Congress and pull the plug on essential services that communities rely on. Today’s decision ensures we can keep doing the work that protects our residents — from tracking disease outbreaks to providing vaccinations and supporting vulnerable families.”

See here and here for some background, and here for the full statement from the Harris County Attorney’s office. Harris County has also gotten refugee health grant funds back after filing a lawsuit, and signed onto an amicus brief over broader NIH cuts. I don’t know what the status of that last one is, but two out of three so far ain’t bad. Keep fighting.

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The Paxton opportunity

From Axios:

Still a crook any way you look

A new private GOP poll is showing Republicans facing a growing problem in the Texas Senate race, the third such survey in just a month.

Why it matters: Republicans haven’t lost a statewide race in Texas in more than three decades, but party officials concede they may need to spend millions to keep the seat this year.

  • “The problem is nobody with the necessary gravitas seems to be willing to state the obvious: this is shaping up to be a f***ing disaster,” a senior GOP Senate aide told Axios.

Zoom in: Sen. John Cornyn (R-Texas) trails state Attorney General Ken Paxton by 16 percentage points in a new survey conducted by veteran Republican pollster Chris Wilson. A copy was obtained by Axios.

  • But Paxton trails a generic Democrat by three percentage points in a general election matchup.
  • The establishment-aligned Cornyn performs far better than Paxton in a general election, leading a Democrat by seven percentage points.
  • The survey results are similar to recent surveys conducted by the GOP-aligned Senate Leadership Fund super PAC and the American Opportunity Alliance, a network of influential Republican donors.

Between the lines: Paxton was impeached by the state House of Representatives in 2023 on bribery and corruption charges but was later acquitted by the state Senate.

  • “If the goal is to maintain a GOP Senate majority and maximize Trump’s down-ballot coattails in Texas, Paxton’s nomination is a strategic liability,” Wilson, who has advised Sen. Ted Cruz (R-Texas), said in a memo accompanying the poll.
  • “If Paxton wins the primary, the GOP is on a path to hand Democrats their best Senate opportunity in a generation,” Wilson added.

See here for more on that previous poll. Without seeing the data, it’s hard to say what the magnitude of the threat for Republicans is. As I said before, it’s a different situation if Paxton is underperforming Cornyn while the Dem level stays more or less the same than it is if some amount of Cornyn’s support is getting transferred to the Dem. We also don’t know how well an actual named Democrat – there are plenty to choose from at this point – would do compared to the idea of a Democrat. This is all suggestive and no doubt a big part of the reason why so many Dems are circling around this race, but there’s a vast distance between these two insider polls and a Dem victory in this race.

Also, too, and with all due respect to my Republican pals, I have no idea who this person with “the necessary gravitas” might be that could calmly and persuasively explain to the seething horde that is the Republican primary electorate why voting for Ken Paxton might not be a great idea for them. Like, seriously, this isn’t 2002 and the whole reason why there’s so much fear of what those crazy primary voters might do is exactly because Republicans have been taking a blowtorch to all forms of the establishment for decades. Allow me to put this in simpler terms:

You’re welcome.

(Here’s another article about who’s publicly musing about running for this or that. It name-checks outgoing San Antonion Mayor Ron Nirenberg but otherwise doesn’t have much in the way of new information.)

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Humble ISD names a replacement Trustee

In with the old.

The Humble ISD board unanimously appointed former trustee Ken Kirchhofer to fill a vacant board seat after an extended executive session Tuesday night.

Kirchhofer, who abstained from the vote, lost a reelection bid on May 3 after having served on the board of the northeastern Harris County school district since 2021.

While the board, with new members Elizabeth Shaw and Oscar Silva, unanimously approved Kirchhofer’s appointment, trustee Robert Scarfo said there would be a caveat that Kirchhofer could not run again for the seat in May 2027, the district’s next regularly scheduled board election.

Kirchhofer had run for re-election on May 3, but he was successfully challenged by Brittnai Brown who won the race by just over 4,000 votes, and Tracy Shannon, a third challenger, who ended up with about 40 more votes than Kirchhofer.

Despite Brown’s win, she was declared ineligible as a candidate shortly after the results were announced when Shannon filed a lawsuit challenging Brown’s voter registration records. After a review, the district found that Brown was ineligible because she did not register to vote with her new Humble ISD address 30 days before the deadline to file for local office. In a statement previously emailed to the Houston Chronicle, Brown said she had changed her voter registration a few hours before she submitted her application for a place on the ballot under the assumption that if she changed her voter registration online, it would be immediately valid. In reality, it takes 30 days for changes to voter registration to be reflected in the record.

Since the seat was declared vacant, Kirchhofer was chosen to remain on the board under the holdover position of the Texas Constitution, said Humble ISD spokesperson Jamie Mount.

Kirchhofer said in a statement Tuesday that he was humbled by the appointment, and said it reflected the board’s “confidence and trust” in his candidacy.

However Shannon said that the move was a “slap in the face.”

“Other candidates who ran for school board also hoped to apply for the appointment or run in a special election, including Scott Ford and Natalie Carter. I think the community deserved for these candidates to also have a shot at it,” Shannon said.

“Voters made it clear that there was a call for accountability in this district,” she continued, “It appears as though it is going to business as usual for Humble ISD, and this is not a good thing for our district.”

See here and here for the background. I don’t have a problem with the Board making this choice. At least you know he’s qualified for the role. I can understand Shannon’s being upset about it, but she also has an interest in the outcome. If I were to quibble with this, it would be to say that the appointment should only be through the end of the year, and there should be a November election to fill out the rest of the term for this position. That would allow both Tracy Shannon and Brittnai Brown to run again, with Brown now qualifying for the election. Maybe Humble ISD didn’t have the option of a short-term appointment, and maybe they just didn’t want to incur the expense of another election, I don’t know. But that to me would have been the fairest option.

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Abbott appoints Sen. Hancock as Comptroller

New guy alert.

Kelly Hancock

Republican state Sen. Kelly Hancock launched his campaign for state comptroller Thursday shortly after taking a senior position at the comptroller’s office.

His appointment as chief clerk to Comptroller Glenn Hegar paves the way for Hanock, a North Richland Hill Republican, to become interim comptroller after Hegar leaves his office in June. And it gives Hancock an edge in a growing Republican primary race next year.

“Kelly is a great fit to serve as the chief financial officer of Texas,” Hegar said in a statement, who is stepping down to become chancellor of the Texas A&M University System. “As a long-serving member of the Texas Legislature, he helped shape sound financial policy and authored the state’s conservative spending cap legislation”

Hegar added that Hancock is honest, trustworthy, and an “all-around good guy.”

Hancock, in a statement, cited his conservative bona fides on border security, noting he was one of the first Republican senators to call for ending in-state tuition for undocumented immigrants, which the state did earlier this month.

“For over a decade, I’ve fought for Texas taxpayers in the Legislature, cutting red tape, passing conservative budget reforms, and holding government accountable,” Hancock said in his campaign announcement. “As Comptroller, I’ll make sure your tax dollars are spent wisely, transparently, and responsibly.”

A quirk in state law prohibited Gov. Greg Abbott from directly appointing Hancock comptroller. Senators cannot be appointed to another position that requires Senate confirmation.

[…]

Entering the primary season as the interim will almost certainly give Hancock a leg up in a race that’s already getting crowded. Railroad Commissioner Christi Craddick and former state Sen. Don Huffines, R-Dallas, are already in the race, and Huffines has been raking in endorsements — including one from U.S. Sen. Ted Cruz.

Abbott was quick to endorse Hancock, in the process throwing an elbow at Huffines, who as a state senator lost his reelection bid to Democrat Nathan Johnson in 2018.

“I endorse Kelly Hancock because I want a candidate who will actually win the election, not someone who has already lost an election to a Democrat,” Abbott said in a statement.

See here for the background. In my eyes, anyone who would advocate for a harmful and destructive policy as the repeal of the state’s DREAM Act is automatically disqualified from the label of “all-around good guy”, but that’s the modern Republican Party for you. Hancock was one of two Senators to vote to convict Ken Paxton in the impeachment trial, so he does have that much going for him. He’s probably capable of basic addition and subtraction, and he’s not completely insane, so as far as that goes I’d take him over Don Huffines. But that’s like saying I’d take leprosy over being eaten by a school of piranha.

The Fort Worth Report adds an important detail.

Hancock, who represents Fort Worth, resigned from the Senate before he was sworn in as the chief clerk of the Texas Comptroller’s office on June 19. He will assume the role of acting comptroller July 1 when Glenn Hegar, a Republican elected to the statewide position in 2014, assumes his new role as chancellor of the Texas A&M University System.

“Kelly is a great fit to serve as the chief financial officer of Texas,” Hegar said in a statement.

Hancock’s ascension to comptroller came with a hitch: A 2002 attorney general’s opinion required Hancock resign from the Senate and briefly take a job in the agency before becoming interim comptroller after Hegar’s exit.

[…]

Hancock has been in the Senate since 2013 after serving as House member from 2006 to 2012.

He represents Senate District 9, which is fully enclosed within Tarrant County and encompasses more than 46% of the county’s population in the northern and western part of the county.

The district includes a large part of Fort Worth and eastern suburbs reaching to Hurst and Bedford.

His departure from the Senate could likely touch off a scramble of candidates to replace him, though only one has been prominently mentioned as a potential candidate: Rep. Nate Schatzline, R-Fort Worth.

“I am prayerfully considering a run for Senate upon a vacancy in SD9,” Schatzline told online news outlet The Texan.

If Schatzline runs for Hancock’s seat, it will create an opening for the Fort Worth Republican’s House seat in 2026.

I assumed Hancock had to resign for this, because you can’t hold two offices simultaneously. That should mean a special election in SD09 this November, possibly sooner if Abbott does decide to call a special session for re-redistricting. While SD09 was basically a 60-40 district in 2024, given the current environment it could make for an interesting race, certainly one that Dems should contest as fiercely as possible. Put a pin in that for later. Hancock’s term is up in 2026 anyway, so whatever else happens there will be an open Senate seat for someone to run for next year as well.

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Tarrant County plaintiffs amend their complaint

From the Lone Star Project:

Attorneys acting on behalf of an expanded list of citizen plaintiffs have amended claims against MAGA County Judge Tim O’Hare and Tarrant County Texas for the adoption of a mid-decade County Commissioners Precinct map that violates the Voting Rights Act and the 14th and 15th Amendments to the U.S. Constitution.

O’Hare Confirms His Racism and Intentional Discrimination

The amended brief leads with damning evidence of intentional discrimination in remarks made by MAGA Republican Tarrant County Judge Tim O’Hare. On the day of the vote, in comments later aired by NBC affiliate KXAS TV, O’Hare reveals that race was top-of-mind. Quoted in Paragraph 1 on Page 1 of the brief, O’Hare says:

“The policies of Democrats continue to fail Black people over and over and over, but many of them keep voting them in. It’s time for people of all races to understand the Democrats are a lost party, they are a radical party, it’s time for them to get on board with us and we’ll welcome them with open arms.”

Pointing out O’Hare’s blunt assessment of race and political behavior, the amended brief states in Paragraph 2 on Page 2:

A government official casting the deciding vote in favor of a map that reduces from two to one the number of majority-minority districts cannot have as even one iota of his purpose the fact that “many of them”—referring to Black voters— choose different candidates than he would prefer. A political subdivision cannot redraw district boundaries along racial lines because the government official casting the deciding vote thinks that “[i]t’s time for people of all races” to start agreeing with his views. And a political subdivision cannot redraw district boundaries along racial lines because “[i]t’s time for them,” i.e., Black voters and voters of “all races,” “to get on board” with his policy views.

Over 150,000 Mostly Minority Citizens Disenfranchised

The amended brief further lays out in great detail how the shifting of over 300,000 citizens between commissioner precincts results in more than 150,000 being denied the right to vote at all in the 2026 county commissioner elections and forced to wait six full years to cast a county commissioner ballot. The number of Black and Hispanic citizens disenfranchised far outnumbers Anglos. The brief reads in Paragraph 7 on Pages 3 and 4:

Map 7 also disenfranchises over 150,000 people of voting age in Tarrant County who were next entitled to vote for a commissioner candidate in the November 2026 election by moving them from an even numbered precinct to an odd-numbered precinct. These voters are denied their right to vote in the 2026 election and their right to vote is abridged by forcing them to wait six years (from 2022 until 2028) to participate in the election of commissioners, who are elected to four-year terms. This disenfranchisement falls starkly along racial lines. Black voters and Latino voters are both disproportionately disenfranchised compared to Anglo voters, who are disproportionately unaffected. While Map 7 disenfranchises just 5% of Tarrant County’s Anglo adults, it disenfranchises 19% of the County’s Black adults and 12% of its Latino adults. Black adults are thus four times more likely than Anglo adults to be disenfranchised under Map 7 and Latino adults are over twice as likely to be disenfranchised as Anglo adults

Background

The redrawn Tarrant County Commissioners’ map was challenged by Tarrant County Texas citizens last week shortly after its passage. The map was adopted despite overwhelming objections of Tarrant County citizens who were forced to endure verbal abuse from O’Hare throughout the hearing and especially during the period of public comment. O’Hare cut off citizens mid-statement, routinely kicked them out of the building for exercising their right to free speech, and he ejected one person for just clapping.

Read the entire amended brief HERE and go to the Lone Star Project’s Tarrant County redistricting page for more background.

See here for the background. I will note, the claim about some voters being disenfranchised because they were moved from a precinct that had an election in the next year to one that would have it in the following two-year cycle was raised by plaintiffs against the Harris County Commissioners Court redraw and was largely disregarded by the Supreme Court in the mandamus that was filed to stop the plan from being enacted. This claim is a little different, partly because of the racial aspect, partly because it’s an off-year redo, and partly because of the six-year gap in voting that some people would endure. (*) Whether that will make any difference in court, I couldn’t say. For a fuller look back at the history of how we got here, see the Star-Telegram.

(*) I suppose this would have been the case in Harris as well – if you’d been in Precinct 4 and voted in 2018 and expected to vote in 2022 but had to wait until 2024 because you were moved into Precinct 3, or something like that. I don’t think this particular claim was raised in Harris, though – the story about the lawsuit cited a just-turned-18 plaintiff who expected to vote for Commissioner for the first time in 2022 but had to wait instead. Kinda sorta the same but not quite. Anyway, my point is I don’t think this particular claim was adjudicated in the Harris County lawsuit, so it’s at least something new to consider.

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Texas State appears to be headed for the PAC-12

Wow.

Texas State is the heavy favorite, per ESPN sources, to be issued a formal Pac-12 invitation. The league is still engaged with other schools, per sources, but Texas State has clearly emerged at the forefront of that group.

On July 1, the buyout for Texas State to leave the Sun Belt for the 2026-27 season will rise from $5 million to $10 million. This is obviously a bigger motivator for Texas State than the Pac-12, but it’s seemingly a significant enough deadline to trigger action.

For the Pac-12 to bring in a new partner in a time of financial uncertainty for the league, it would make sense to offer Texas State prior to July 1. After all, the Pac-12 needs an eighth football member for 2026, so they have their own deadline looming.

In realignment, of course, nothing is official until it’s signed. And nothing is formal until it’s completed. So with Texas State and the Pac-12, sources said the best way to explain the courtship is that the league is currently exploring making an offer in the upcoming weeks.

Texas State has loomed for months as the favorite to join the league and was prominently discussed in the Pac-12’s virtual meeting earlier this week. It has been the league’s top target for months and is expected to have voting support, as the league’s presidents are enamored with a foothold in the state and [university President Kelly] Damphousse’s leadership.

Texas State is booming as a university with an enrollment of more than 40,000, and it boasts a lot of tenets of football potential, with a rich local talent base and a rising young coach, G.J. Kinne, at the helm.

The league’s presidents won’t vote on Texas State until they are ready for the process to unfold in rapid-fire succession. That’s expected to come before July 1. Texas State turned down a verbal offer from the Mountain West last fall, which athletic director Don Coryell called “preliminary discussions with an interested conference.”

Texas State, if the Pac-12 process unfolds as expected, would be the league’s ninth member overall and eighth football member. Part of the feeling of inevitability of the invitation is tied to necessity. The league needs to grow to eight football members in order to qualify as an FBS conference. (Gonzaga is the non-football member.) Internally at the Pac-12, Texas State has long been viewed as the best readily available option for that eighth spot.

The exit fee looms as a significant motivator, as Texas State would join to start the 2026 season.

See here, here, and here for some background. Gotta hand it to Oregon State and Washington State for making so much lemonade out of the mess they were handed. I don’t know whether the new PAC-12 will be considered to be a “major” conference anymore, but the fact that it still exists is nothing short of amazing.

CBS Sports adds on.

Texas State was a power at the Division II level before moving up to I-AA in the 1980s, winning a pair of national titles under legendary coach Jim Wacker. Dennis Franchione helped transition the Bobcats to the FBS level in 2012, and the program landed in a resurgent Sun Belt one year later. Until Kinne arrived in 2023, though, the program posted eight straight losing seasons and zero bowl appearances. In two years, Kinne has notched 16 wins and consecutive First Responder Bowl victories in the past two years.

So why is Texas State such a hot commodity in the realignment world? It has everything to do with being in the right place at the right time.

The college football landscape has shifted dramatically over the past five years, and no state has felt those changes more than Texas. The Longhorns’ departure for the SEC shook the state. If Texas State ultimately leaves the Sun Belt for the Pac-12, it will be the ninth out of 13 FBS teams in the state to change affiliations since 2021. The lower levels have been even more impacted, including Sam Houston’s ascension from FCS to the FBS level.

At this time, seven of the nine FBS conferences feature at least one team in the state of Texas. Three of the four Power Four leagues also boast a representative after the ACC added SMU last season. The only exceptions are Midwest-based conferences Big Ten and MAC.

The relationship between Texas and football goes without saying, and makes even the middle and lower class of FBS teams intriguing investments. The AAC was attracted by access to major markets when they added North TexasRice and UTSA. Recruiting inroads are also critical, and Texas is the greatest producer of football talent in the world.

But perhaps most important, Texas is one of the greatest growth markets in the country. Texas is adding more population than any state in the union, with much of it settling around Austin. That makes Texas State a major potential upside play as it continues to build its brand on the regional and national level.

They’ve come a long way in a short time, that’s for sure. I wish them good luck.

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Yes, make the Mayor report on cancelled projects

I support this plan.

CM Julian Ramirez

As Houston City Council prepares to vote on a whopping $16.7 billion plan for city projects over the next five years, one council member is proposing a greater level of transparency from Mayor John Whitmire when it comes to his administration’s plans for projects in their districts.

At-Large Council Member Julian Ramirez put forward three amendments Tuesday to the city’s capital improvement plan that would require the mayor to give monthly reports to each individual council member on projects that were canceled, delayed, redesigned or altered in their district.

A second proposal would allow council members to object to the administration’s change within 10 days of the report if three or more council members opposed it. After an objection is filed, the item would then appear on a council agenda within two weeks for the council as a whole to decide its fate.

A third would allow public hearings to happen for the procurement of goods or services related to the creation or removal of a project, per a council member’s request.

The first two proposals were co-sponsored by Council Member Abbie Kamin, who represents neighborhoods like Montrose and the Heights.

Ramirez told the Houston Chronicle after Tuesday’s meeting the proposal came about after he heard complaints from council members about projects included on the capital improvement plan that either weren’t done or continuously pushed back. When projects are lost or changed, residents often look to their council member for an explanation, Ramirez explained.

Houston operates under a strong-mayor form a government where the mayor holds near-total control over the city’s legislative agenda.

“It’s really beyond the council members control, because it’s up to the administration to to take care of all that,” Ramirez said. “This is a way for council members to stay better informed and be better able to communicate with their residents and advocate for their residents.”

Ramirez said changes without notification probably happen no matter who is the mayor, and that he’s had good luck working with Whitmire.

“That said, with a strong mayor, form of government, it is possible for a mayor to to punish, to try to punish council member, if so inclined, by changing the CIP, withholding projects, what have you,” Ramirez said. “I haven’t seen that occur under this administration. I’m sure that it has happened under other mayors, and so I think council should have a little better way of dealing with that.”

Whitmire told the Chronicle following the council meeting that he had heard the proposed change for the first time Tuesday, and planned to meet with Ramirez to discuss the amendments further.

Three guesses as to why CM Kamin might be in on this action. While I agree with CM Ramirez that this sort of thing can (and almost certainly does) happen regardless of who is the Mayor, I’d say it’s been more noticeable with this Mayor. Be that as it may, I like this idea and I hope Council approves all three amendments.

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KP George switches parties

Hilarious.

Judge KP George

Fort Bend County Judge KP George has made the switch from Democrat to Republican as he faces felony charges of money laundering.

George stated that he is joining the Republican Party because, “The Democratic Party has embraced a corrupt and radical ideology” and “its positions no longer reflect the values of Fort Bend County families, small businesses also hardworking residents.”

The Republican party, he said at a news conference Wednesday, is more aligned with his values of “faith, family and freedom.”

“I realized the Republican Party that champions these values,” he said. “I chose a side, and it turned out to be the wrong place, and I’m fixing that.”

George says that he plans to run for re-election in 2026 as a Republican.

[…]

George, the county’s top elected official, is accused of money laundering between $30,000 and $150,000 in the form of campaign finance fraud that took place between Jan. 12, 2019 and April 22, 2019. George took office as county judge on Jan. 1 of that year.

George was also accused last year of trying to injure the reputation of Trever Nehls, George’s Republican opponent in his 2022 re-election bid, by collaborating with his former chief of staff, Taral Patel to create fake profiles to attack Nehls and his supporters.

Patel in a plea deal with the district attorney’s office on April 15 admitted that he committed online misrepresentation with George in order to sway the election in George’s favor.

See here, here, and here for some background. I’ve maintained all along that like everyone else, George is innocent until proven guilty, and I’m not going to change that tune just because he’s changed his stripes. That said, I think I speak for basically all Democrats when I say that we’re glad to have all that baggage off the books. A guy with multiple felony indictments running into the arms of the Republican Party? On brand, that’s for sure. I had previously said he should seriously consider stepping down so he could concentrate on getting his life back in order. Not going to happen now, obviously. Good luck in that Republican primary, dude.

KUHF adds some details.

George’s party change gives Republicans a 3-2 majority on the Fort Bend County Commissioners Court at a time when they are considering redrawing voters precincts in the diverse, largely suburban county southwest of Houston.

At a news conference Wednesday, George said redistricting is a priority for him as well as lowering taxes and decreasing spending.

“Like President (Donald) Trump, I will stand up and fight against the radical leftists who seek to tear down the values we hold very close to our heart,” he said.

Several Democrats have announced that they’re running for George’s seat in 2026. A former Sugar Land city council member has announced a run as a Republican and a former GOP state lawmaker also is considering a bid for the office.

[…]

George’s former and current Republican political opponents condemned his change in party affiliation as a way to avoid taking responsibility for his actions.

“I was one of the people targeted in that smear campaign,” Trever Nehls, a Republican who ran for county judge in 2022, said in a statement while referencing the misrepresentation of identity charge against George. “I saw how low he was willing to go. This isn’t a shift in beliefs. It’s a calculated move to escape accountability.”

Former Sugar Land city council member Daniel Wong will face George in the Republican primary. Wong accused George of “running from his record.”

“The Republican Party stands for accountability, transparency and service,” Wong said in a statement. “It is not a refuge for career politicians looking to escape the consequences of their actions.”

Former state lawmaker Jacey Jetton, a Republican who’s also considering a bid for county judge, expressed similar sentiments.

“Trying to play the victim now is not a strategy Republican voters should fall for in a Republican primary,” he said. “And Fort Bend County voters are not going to reward this kind of behavior with another term.”

The re-redistricting threat, which Republicans never seem to get tired of, makes this all a little less funny. At least Tarrant County had the fig leaf of not having redrawn their precincts in 2021, when they were supposed to have done it. Whatever happens here happens, I can’t control it. With a bit of luck it can be held up in court long enough to be moot, if they do try to move forward. And boy, is that Republican primary going to be fun.

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