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That’s our Lege

DAs are not going to be able to avoid enforcing anti-abortion laws

I appreciate the sentiment, but that’s not how it works.

Even before the U.S. Supreme Court overturned Roe v. Wade on Friday, local prosecutors in several of the largest Texas counties vowed not to file criminal charges in abortion-related cases, seemingly offering hope for those seeking a way around the state’s impending abortion ban.

But those counties are unlikely to serve as abortion safe havens in post-Roe Texas, legal experts and abortion rights advocates say, largely because clinics still face the threat of legal retribution even in counties with sympathetic district attorneys. And the penalty for those who continue offering the procedure is steep — up to life in prison and at least $100,000 in fines under Texas’ so-called trigger law, which will soon outlaw nearly all abortions, starting at fertilization.

While Attorney General Ken Paxton cannot unilaterally prosecute criminal cases unless authorized by a local prosecutor, he is free to do so for civil matters anywhere in Texas. That means district attorneys may shield clinics and physicians from the trigger law’s criminal penalty of a first- or second-degree felony, but Paxton could still target them for six-figure civil fines, said Sandra Guerra Thompson, a law professor at the University of Houston.

She also noted that abortion providers could be found criminally liable if an incumbent district attorney reconsiders or is replaced by a successor who wants to pursue abortion-related charges.

The trigger law, which takes effect 30 days after a Supreme Court judgment overturning Roe v. Wade, makes no exceptions for pregnancies resulting from rape or incest, nor for severe fetal abnormalities. It carries narrow exemptions for abortion patients placed at risk of death or “substantial impairment of a major bodily function.”

Still, some prosecutors could begin pursuing criminal charges immediately based on Texas statutes that pre-dated Roe but were never repealed by the Legislature, Paxton said Friday. Those laws prohibit all abortions except “for the purpose of saving the life of the mother.”

In any case, it’s unlikely that abortion providers will take the risk. They are already bound by the state’s six-week abortion ban, which allows people anywhere in the country to sue providers or those who help someone access the procedure in Texas after fetal cardiac activity is detected. Successful litigants win damages of at least $10,000 under the law.

We’ve discussed this before. There are things that cities and individuals can do to hinder law enforcement or prosecutorial efforts to enforce anti-abortion laws, but one way or another they are going to be enforced, very likely via increasingly intrusive and draconian means. If somehow local DAs refuse to pursue cases, the Lege will change the law to go around them, either to the Attorney General or to neighboring counties – Briscoe Cain is already planning to file bills to that effect. We can’t succeed at this level. The only way to fight it is to have power at the state level, and that’s going to mean winning statewide races and/or winning enough seats in the Lege to take a majority in the House. Even that is at best a defensive position – we are not taking over the Senate, not even in the most wildly optimistic scenario I can imagine – but it’s the best we can do, and it would definitely reduce the harm that is otherwise coming.

One more thing:

Harris County District Attorney Kim Ogg also slammed the Supreme Court decision, arguing that the “criminalization of reproductive health will cause great harm to women in America.” While she added that “prosecutors and police have no role in matters between doctors and patients,” she stopped short of a blanket vow to not prosecute alleged violations of state abortion laws.

“As in every case, we will evaluate the facts and make decisions on a case-by-case basis,” said Ogg, a Democrat.

I’m including this because as far as I can tell it’s the first time Ogg has spoken publicly about the coming anti-abortion enforcement wave. I seriously doubt that Kim Ogg will want to pursue any cases that are filed with her office, but I also doubt that she’ll just ignore them. Maybe she’ll take a broad “prosecutorial discretion” stance, but again, if she does and if nothing changes with the November elections, that discretion will be taken away from her. There just isn’t much she or anyone in her position can do about this. We need to be clear about that.

A big part of the Cornyn gun bill will do nothing in Texas

Just a reminder.

The bipartisan gun bill that is on a fast track through Congress and backed by U.S. Sen. John Cornyn includes new state grants to incentivize red flag laws, which allow judges to temporarily seize firearms from people who are deemed dangerous.

That means it’ll be up to states as to whether they want to take advantage of one of the key provisions of the landmark gun legislation. But despite last month’s Uvalde school shooting being the inspiration for the bill, Texas is unlikely to get on board.

Red flag laws likely remain a nonstarter among Republican leaders in Texas, where Gov. Greg Abbott already faced a conservative backlash after he asked the Legislature to consider them four years ago.

Lt. Gov. Dan Patrick, who oversees the Senate and wields tremendous sway over what legislation is considered, indicated Wednesday he still opposes such an effort.

“After the Santa Fe shooting, we had the same move to do this and we did not support it,” he said in a radio interview. “I did not support [that], the Senate did not support that.”

Patrick said that if he were in the U.S. Senate, he would have been among the 36 Republicans — including Texas’ junior senator Ted Cruz — who sided against the bipartisan gun bill in an initial vote Tuesday. Patrick added that he was “very, very concerned about that and where that goes.”

See here for some background, in which the subject of red states and red flag laws was thoroughly discussed. I don’t really have anything to add to that, so go listen to this week’s episode of the Josh Marshall podcast, in which they discuss the politics of this bill and what might happen next. Our job here remains to elect leaders that will not be obstacles to sensible and meaningful gun reform.

One more thing:

Red flag laws are nonetheless popular with Texas voters. A poll released Tuesday found that 75% of the state’s voters support laws that “give family members or law enforcement a way to ask a judge to issue an order temporarily removing guns from someone who poses a violent threat to themselves or others.” The survey was conducted by Third Way, a centrist think tank, and GS Strategy Group, a GOP polling firm.

The poll doesn’t break any of their issues questions down by party (or any other subgroup, like gender or race or age), so it’s not very useful. That said, in addition to the number cited above, the poll had 89% support for “Requiring a background check before every gun purchase, including at gun shows and for online sales”, 80% support for “Increasing the minimum age to purchase a semi-automatic weapon from 18 to 21 years old”, 80% support for “Allowing law enforcement to access sealed juvenile records to ensure that young adults with a history of violent criminal behavior are restricted from purchasing firearms”, and 68% support for ” Funding research around the effectiveness of gun safety policies”. You’re not going to get those kind of numbers without a fair amount of Republican support. Getting them to vote for candidates that also support those positions, that’s a different matter. As we well know. The Chron has more.

We’re still not going to get a special session for gun safety legislation

But I still appreciate the effort. Someone has to do it.

With Texas schools restarting classes in less than two months, Texas Senate Democrats renewed calls Monday for Gov. Greg Abbott to bring lawmakers back to Austin this summer to enact legislation that might prevent another mass shooting like the one at a Uvalde elementary school that killed 19 students and two teachers last month.

The senators said if lawmakers reconvene for a special session, they would support proposals like raising the age to legally own an assault weapon from 18 to 21, creating red flag laws for gun purchases, instituting a 72-hour “cooling off” period and regulating the private sale of firearms.

But first there has to be a debate, and a vote, to let Texans know where their elected officials stand on how to respond to the Uvalde shooting, said state Sen. John Whitmire, a Houston Democrat who chairs the Senate Criminal Justice Committee and was unsuccessful in passing his red flag legislation last session.

“The people are urging us to take action, but first we have to let them know we’re listening to them,” he said. “We’ve heard the public, we want to represent them, but we have to have a session to do that.”

The Senators have been calling for a special session for many weeks following the Uvalde massacre. They are now joined by multiple Mayors.

San Antonio Mayor Ron Nirenberg is part of a bipartisan group of 13 Texas mayors who sent a letter demanding Texas Gov. Greg Abbott call a special legislative session to address gun violence in the wake of the Uvalde school shooting.

Abbott, a Republican up for reelection in the fall, has asked state lawmakers to organize committees to look into school safety following the massacre, which killed 19 students and two teachers. However, he’s balked at calling a special session and has avoided discussion of new firearms laws — something that would anger the powerful gun lobby.

The letter calls on Abbott to enact reforms the mayors say are backed by the majority of Texans and could prevent future mass shootings.

“We represent a continuum of political ideology and have come together because we know most Texans have a strong desire for common sense reform to protect our children,” they said. “As mayors, we believe the legislature and executive leaders can come together to find the right solutions for Texas.”

The letter also asks Abbott to place the following reforms on the legislative agenda.

  • Requiring universal background checks for gun purchases.
  • Increasing the age to purchase assault weapons in Texas to 21.
  • Passing “red flag” laws to identify threats before shootings.
  • Boosting mental health support funding.
  • Training and properly equipping school safety officers.

Texas isn’t among the 19 U.S. states to enact “red flag” laws, which prevent people at risk of harming themselves or others from purchasing firearms.

In addition to Nirenberg, the letter is signed by Austin Mayor Steve Adler, Dallas Mayor Eric Johnson and Fort Worth Mayor Mattie Parker, among others.

As always, I appreciate the effort. And also as always, I fully expect Greg Abbott to cover his ears and start singing “Baby Shark” or whatever it is he does to self-soothe these days, because it ain’t gonna happen. You probably didn’t pay much attention to the fascistic shitshow known as the Texas Republican Convention from last week, but Greg Abbott did. That’s who he’s listening to (and deathly afraid of), not a bunch of Democrats and mayors. The Chron and the Dallas Observer have more.

DPS pins the blame on Arredondo

Look out for that bus!

Department of Public Safety Director Steve McCraw told a state Senate committee Tuesday that the law enforcement response to the Uvalde school shooting was an “abject failure” and police could have stopped the shooter at Robb Elementary School three minutes after arriving were it not for the indecisiveness of the on-scene commander, who placed the lives of officers before those of children.

McCraw said the inexplicable conduct by Uvalde school district police Chief Pete Arredondo was antithetical to two decades of police training since the Columbine High School massacre, which dictates that officers confront active shooters as quickly as possible.

“The officers had weapons; the children had none,” McCraw said. “The officers had body armor; the children had none. The officers had training; the subject had none. One hour, 14 minutes and 8 seconds. That’s how long children waited, and the teachers waited, in Room 111 to be rescued.”

The revelations detailed by McCraw completed a remarkable shift in the police response narrative state officials have given since the May 24 shooting. Twenty-seven days after Gov. Greg Abbott said the shooting “could have been worse” but for officers who showed “amazing courage by running toward gunfire,” his state police director described stunning police incompetence that bordered on cowardice.

[…]

McCraw said though the state police are a far larger agency than the six-person Uvalde Consolidated Independent School District department, Arredondo was the rightful incident commander because he was the most senior first responder who had immediate jurisdiction over the district’s campuses. He said Arredondo could have transferred command to another agency, such as state troopers who arrived, but never did so.

Acting against the orders of an incident commander during an emergency can be dangerous and chaotic, McCraw said, responding to a question about why his troopers did not take charge. But he said the failure of one police agency means all law enforcement performed unacceptably that day.

The story notes the comparison of what Arredondo had said to more recent reporting; you can also see a list of places where the two accounts differ in this subsequent Trib story. One almost feels a little sorry for Arredondo. The main question I have at this point is what if anything are we going to do about this? Forget about adopting any kind of gun safety measures, which Greg Abbott will not do, are we interested in any laws that might prevent, or at least disincentivize, police behavior like what we got in Uvalde when the next mass shooting (whether at a school or not) occurs? One possibility I can think of that also will never pass through a Republican legislative chamber is to dial back qualified immunity for law enforcement officers, at least in this kind of circumstance. If the next Pete Arredondo has to worry about getting his ass sued for taking no action at the next gun massacre, maybe he’ll be more inclined towards action. Whether that might end up as a net positive or not, I can’t say. But it’s at least something we could talk about doing, rather than just talk. And someone else, maybe even someone with actual expertise in the matter, may have better ideas. Reform Austin and the Chron have more.

Of course we don’t do nearly enough for mental health

Because Republicans rush to talk about “mental health” every time there’s another mass shooting, it’s important to remember that their response to meeting the demand for mental health, in schools and elsewhere, has been completely inadequate.

Tucker’s was the kind of positive outcome state lawmakers pictured in 2019, when they worked to increase mental health resources for students after the mass shooting at Santa Fe High School that left eight students and two teachers dead.

Access to those services again is at the forefront as Republican leaders respond to last week’s massacre in Uvalde.

Mental health experts say the 2019 initiatives, including hundreds of millions of dollars more in funding, have only begun to address Texas’ mental health crisis, and that the state does little to track even their limited outcomes. Many school districts are left to fund their own interventions.

There is little evidence that mental illnesses cause mass shootings or that people diagnosed with them are more likely to commit violent crimes. Advocates also warn that scapegoating mental illness can stigmatize the wide spectrum of people living with psychological disorders.

“It’s absolutely something that should be addressed — but it’s not a panacea,” said Greg Hansch, executive director for the Texas chapter of the National Alliance on Mental Illness. “It’s more of a secondary or tertiary factor.”

Gov. Greg Abbott and other top Republicans have pointed to the shortage of mental health resources, especially in rural Texas, as a key factor in the Uvalde shooting, while rejecting calls for stricter gun laws.

The 18-year-old gunman, who killed 19 children and two adults, legally purchased the assault-style weapon he used in the shooting spree and had “no known mental health history,” Abbott said.

Even with the 2019 reforms, mental health care remains vastly underfunded in Texas. That largely is because of budget cuts two decades ago and years of stagnant funding to community mental health services. Today, Texas provides less access to care than any other state, and nearly three quarters of children and teenagers with major depression do not get treated, the highest rate in the country, according to the nonprofit group Mental Health America.

Without a direct source of state funding for mental health care, school districts in Texas are forced to rely on a patchwork of state and federal programs, most of which do not guarantee that money will flow to mental health services for students or training for teachers. As a result, only a tiny fraction of Texas’ roughly 1,200 public school and open-enrollment charter districts have enough counselors, social workers and psychologists to meet professionally recommended student-to-provider ratios, according to a recent Houston Chronicle analysis.

Central to lawmakers’ 2019 response was a new mental health consortium overseen by the University of Texas System, with a $99 million initial investment for programs focused on children and teens, including virtual visits between child psychologists and students referred by school staff. The Legislature also increased funding to Communities in Schools, which places staff directly on campuses and had employed Tucker’s social workers.

In addition, lawmakers required school officials to form “threat assessment teams” to identify students who may pose a risk of violence, and put forth another $100 million to school districts every two years that can be used to hire security personnel, provide mental health services and buy physical upgrades, such as metal detectors and bullet-resistant glass.

In the first year, however, just 12 percent of Texas school districts reported using any of the funds for mental health support, while 8 percent said the money was used for behavioral health services, according to a survey by the Texas School Safety Center at Texas State University.

A task force later found the Texas Education Agency was not collecting meaningful data on mental health programs in schools, including the number of students they serve or “any standard outcomes” they measure. The Legislature responded with a bill last year to bolster reporting, but the agency has yet to release any results.

Annalee Gulley, director of public policy and government affairs for Mental Health America of Greater Houston, said lawmakers have taken encouraging steps to support mental health but should have paired the funding with more direction for school officials on how to spend it.

“A critical lesson learned in the years following the Santa Fe High School shooting is funding alone is not enough,” Gulley said. “Instead, the state must connect financial resources to guidance on the most effective strategies to support the safety and well-being of educators and students following such a catastrophic event.”

Much of the focus since 2019 has been on the telehealth effort known as TCHATT, including more than $50 million in added pandemic funding last year. The program has been slow to expand, however, serving only about 6,000 students so far. By comparison, Communities in Schools serves 115,000 students annually on a $35 million budget. There are more than 5 million students in Texas.

So yeah, still a long way to go, and that’s before we get to things like the challenges of hiring all of the counselors that would be needed in Texas’ 1200 school districts and thousands of schools. And this story never mentions the need to expand Medicaid, which would be the single biggest thing that we could do in Texas to improve mental health care for everyone, not just for students. I started the draft of this post a couple of weeks ago, before the Cornyn/Murphy gang got what passes for traction on a bipartisan framework for a gun control bill (still no bill, and the framework remains under negotiation, but there’s an agreement to come to an agreement, and that’s the progress in question), and since then we’ve had that, more ridiculous talk about all of the non-gun things that actually cause mass shootings, the lunatics at the Texas GOP convention basically accusing Cornyn of treason, and a bunch more people getting shot and killed, but we haven’t had much talk about mental health. As with gun control itself, the Republicans and their gun enablers will be happy to just let that fade away, until the next time it has to be trotted out as an excuse for the latest mass casualty.

If committees are all we’re going to get, then let’s get something from the committees

Not too much to ask, I hope.

Texas House Speaker Dade Phelan on Friday announced the creation of a legislative committee to investigate the Uvalde shooting.

“The fact we still do not have an accurate picture of what exactly happened in Uvalde is an outrage,” the Beaumont Republican said in a statement announcing the committee. “Every day, we receive new information that conflicts with previous reports, making it not only difficult for authorities to figure out next steps, but for the grieving families of the victims to receive closure. I established this investigative committee for the dedicated purpose of gathering as much information and evidence as possible to help inform the House’s response to this tragedy and deliver desperately needed answers to the people of Uvalde and the State of Texas.”

The three-person investigative committee will have subpoena power for its investigation and will be led by state Rep. Dustin Burrows, a Lubbock Republican who is an attorney. El Paso Democrat Joe Moody, a former prosecutor, will serve as the committee’s vice chair. Former Supreme Court Justice Eva Guzman, who recently lost a bid to become the Republican nominee for attorney general, will also be a member of the panel.

Phelan said Burrows, Moody and Guzman have “decades of experience in civil and criminal litigation matters” that make them well-equipped to conduct the committee’s investigations.

The speaker’s latest announcement comes days after he voiced his support for ending the “dead suspect loophole” in Texas public records laws, which could impede the public’s ability to get answers about the police response to the shooting. Law enforcement agencies often use a statute in the law to shield from public release records related to incidents that don’t lead to a conviction, including in cases in which the suspect dies before a chance to prosecute.

“It’s time we pass legislation to end the dead suspect loophole for good in 2023,” he said on social media on Wednesday.

Better than its Senate counterpart, which is admittedly a low bar. I’d not heard of the “dead suspect loophole” before. I’m fine with closing it, but please don’t tell me it’s going to promote gun safety or reduce gun violence in any way. It’s worth doing on its own merits, and it would mean the Lege didn’t do absolutely nothing. It’s also an extremely small step to take, and we should not be close to satisfied with it.

I do hope this committee uses its subpoena powers, because good Lord there are so many things that still need to be explained.

The Uvalde school district police chief who led the response to last week’s shooting and made the decision to wait for reinforcements while the gunman and survivors were still in the building did not have a police radio when he first arrived on campus, possibly missing reports about the 911 calls coming from inside, according to news reports.

Pete Arredondo, police chief for the Uvalde Consolidated Independent School District, instead used a cellphone to call a police landline to tell officers about the shooter, The New York Times reported Friday. Arredondo told his department that the gunman had an AR-15 but was contained, the Times reported, and to send backup and surround Robb Elementary School.

Arredondo’s decision-making has been widely criticized after it took more than an hour for law enforcement to breach the classroom where the gunman was holed up. Parents begged the dozens of officers outside the school to take action and tried to enter the school themselves. Some were physically restrained.

It was Arredondo who decided to not immediately confront the gunman, who killed 19 children and two teachers and injured 17 others, state law enforcement officials have said. Instead, Arredondo chose to wait for backup and equipment and to treat the gunman as a “barricaded suspect” rather than an active shooter, Steve McCraw, head of the Texas Department of Public Safety, said last week.

Meanwhile, 911 calls from students trapped inside the classroom with the gunman were pouring in to local police dispatchers — including a student begging for police officers to show up. Those calls were routed to the Uvalde Police Department, which operates independently from the school district’s police force, Roland Gutierrez, the state senator who represents Uvalde, said Thursday.

Arredondo presumably did not know about the multiple 911 calls while he was on the scene. McCraw said Arredondo believed no children were in danger, possibly because he did not know any survived inside the classroom.

“Unless there was someone relaying him info, there was no way for him to know there were 911 calls coming from inside that room,” Gutierrez told TV news station WOAI on Friday.

Unbelievable, but at this point unsurprising. The problems go way deeper than one incompetent police chief, and while he deserves a lot of blame and needs to be made to answer a bunch of questions, scapegoating him doesn’t get us anywhere. Just again, don’t ever talk to me about “good guys with guns”. It was idiotic before, and it’s insulting now. Daily Kos has more.

The very least Greg Abbott could do

You can always count on him for that.

Gov. Greg Abbott on Wednesday called on the Texas Legislature to form special committees to make legislative recommendations in response to the Uvalde school shooting.

In a letter to House Speaker Dade Phelan and Lt. Gov. Dan Patrick, the Senate’s presiding officer, Abbott told his fellow Republicans that the state “must reassess the twin issues of school safety and mass violence.” He said the committee process should start “immediately” and outlined five topics he would like the committees to take up.

Notably, the topics include “firearm safety.” Abbott last week essentially ruled out gun restrictions as a response to the massacre, in which a gunman killed 19 students and two adults last week at Robb Elementary School. He focused his attention on mental health care and school security in his public comments.

The other topics Abbott charged leadership with making recommendations on were school safety, mental health, social media and police training.

Phelan responded to Abbott’s call by saying in a statement that “conversations about the issues outlined by Gov. Abbott are already underway in the Texas House and will continue to be a top priority in the months leading up to the next school year and the legislative session.” He added that the House “will get to work immediately.”

[…]

Abbott’s critics quickly argued that the time for committees has passed. They pointed out that the Legislature also formed special committees after mass shootings in 2019, and those discussions did not prevent the Uvalde school shooting from happening.

Abbott’s Democratic challenger for reelection, Beto O’Rourke, panned Abbott’s push for legislative committees.

“Anyone can call for a committee. Only a governor can call a special session,” O’Rourke tweeted. “Do your job.”

The 2019 committees on gun violence followed the anti-Hispanic massacre at a Walmart in El Paso. A Democratic state senator from the area, César Blanco, sent Abbott a letter Wednesday saying that he appreciated the call for committees since the Uvalde shooting but noted “we have solutions ready now.” He cited nine bills he filed in the first session after the Walmart shooting, including a proposal to extend background checks to cover private gun sales. While Patrick initially showed interest in that idea — even suggesting he would stand up to the National Rifle Association to pass it — it was a short-lived crusade and the legislation never got a Senate committee hearing.

Those committees will also be stacked with pro-gun legislators, so adjust your already dismally low expectations accordingly. Despite all this, there’s a call for a special session, mostly from Dems, which I don’t expect to happen since Abbott clearly doesn’t want it to happen, no matter his “haven’t ruled it out” rhetoric. The sound you hear is Greg Abbott quietly waiting for this all to blow over.

I’m just going to leave this here:

Ask not what your Governor can do for you. Ask what your Governor can ask other people to do for him so he doesn’t have to do anything himself. The Current has more.

Republicans threaten businesses over abortion access

If you didn’t see stuff like this coming, you haven’t been paying attention.

With Texas poised to automatically ban abortion if the U.S. Supreme Court overturns Roe v. Wade, some Republicans are already setting their sights on the next target to fight the procedure: businesses that say they’ll help employees get abortions outside the state.

Fourteen Republican members of the state House of Representatives have pledged to introduce bills in the coming legislative session that would bar corporations from doing business in Texas if they pay for abortions in states where the procedure is legal.

This would explicitly prevent firms from offering employees access to abortion-related care through health insurance benefits. It would also expose executives to criminal prosecution under pre-Roe anti-abortion laws the Legislature never repealed, the legislators say.

Their proposal highlights how the end of abortion would lead to a new phase in — not the end of — the fight in Texas over the procedure. The lawmakers pushing for the business rules have signaled that they plan to act aggressively in the next legislative session. But it remains to be seen if they’ll be able to get a majority on their side.

The members, led by Briscoe Cain, R-Deer Park, laid out their plans in a letter to Lyft CEO Logan Green that became public on Wednesday.

Green drew the lawmakers’ attention on April 29, when he said on Twitter that the ride-share company would help pregnant residents of Oklahoma and Texas seek abortion care in other states. Green also pledged to cover the legal costs of any Lyft driver sued under Senate Bill 8, the Texas law that empowers private citizens to file lawsuits against anyone who assists in the procurement of an abortion.

“The state of Texas will take swift and decisive action if you do not immediately rescind your recently announced policy to pay for the travel expenses of women who abort their unborn children,” the letter states.

The letter also lays out other legislative priorities, including allowing Texas shareholders of publicly traded companies to sue executives for paying for abortion care, as well as empowering district attorneys to prosecute abortion-related crimes outside of their home counties.

Six of the 14 signers, including Cain, are members of the far-right Texas Freedom Caucus. How much political support these proposals have in the Republican caucus is unclear. House Speaker Dade Phelan, R-Beaumont, declined to comment. Lt. Gov. Dan Patrick and Gov. Greg Abbott did not respond.

Since the legislative session is more than seven months away, Cain said in an email that “a quickly drafted and sent letter can hardly be said to reflect the pulse of my Republican colleagues.” He was confident, however, that his ideas would find some support in the Senate.

“Knowing that chamber and its leadership, I’m willing to bet legislation targeting this issue will be promptly filed in January,” Cain said.

But doing so would likely mean targeting companies that the state has wooed as potential job creators. Tesla, for instance, announced this month that it would pay for employees’ travel costs when they leave the state to get an abortion. Abbott celebrated the electric car company’s move to Austin last year and this year urged its CEO, Elon Musk, to move Twitter’s headquarters to Texas, too, if he completes his purchase of the social media firm.

Joke all you want about how Republicans used to be the party of big business, because that hasn’t really been true for awhile. They’re the party of “give us your donations and keep your mouth shut about anything we don’t like regardless of what your employees and customers and stockholders say and maybe we’ll leave you alone and toss you a tax cut” now. You may say that it’s unthinkable that Republicans might actually chase large employers out of the state, but a lot of unthinkable things have been happening lately. Remember how the business community helped defeat the “bathroom bill” in 2017, and issued sternly-worded statements about voting rights and further anti-trans bills last year? How’s that been going?

We are living in Briscoe Cain’s Texas now. If he doesn’t get what he wants now – and mark my words, he wants to arrest people who have anything at all to do with abortion – he’ll get it next time, as long as his Republican Party is in charge. The business community needs to recognize that they are right in the crosshairs along with the rest of us. Daily Kos has more.

“Silver loading”

I did not know this.

Sen. Nathan Johnson

The latest state to take strong action to improve affordability in its ACA marketplace is … Texas?

[…]

But let me explain some background details first. Below 200 percent of the federal poverty level (that is, $25,760 for an individual or $53,000 for a family of four in 2022), benchmark silver plans on the exchanges are both very cheap—costing nothing up to 150 percent of FPL, and just 0 to 2 percent of income between 150 and 200 percent of FPL—and further enhanced with cost-sharing reduction (CSR) subsidies, which make them roughly equivalent to platinum plans.

At incomes over 200 percent of FPL, however, the marketplace’s offerings will be greatly improved by Texas’s new state-enforced pricing regime.

More than two-thirds of Texas enrollees in ACA plans (69 percent) have incomes below 200 percent of FPL. But thanks to the more generous subsidies created last March through 2022 by the American Rescue Plan—which removed the prior income cap on subsidy eligibility—2022 enrollment in Texas grew fastest at higher incomes. Enrollment at incomes over 200 percent of FPL rose 57 percent, to 566,000. Those enrollees stand to gain most by the change in law. At higher incomes, silver plan deductibles average over $4,500 (though many services are not subject to the deductible). Gold plan deductibles, by contrast, average $1,600.

So if gold plans have lower deductibles, why should they be cheaper than silver plans? As mentioned above, for low-income enrollees, CSR raises the value of silver plans (by reducing out-of-pocket costs) to a roughly platinum level, with average deductibles under $200 for the lowest-income enrollees and $800 at the next level (150 to 200 percent of FPL). In Texas, 89 percent of silver plan enrollees have incomes below 200 percent of FPL, and so the average silver plan sold in the state really does match a platinum-level “actuarial value,” or the percentage of the average enrollee’s costs the plan is designed to cover.

During the Obama administration, the federal government reimbursed insurers directly for providing CSR, and silver plans were priced as if no CSR were attached. When Trump abruptly cut off those direct CSR payments in October 2017, however, almost all state regulators responded by allowing or encouraging insurers to price the value of CSR directly into silver plans—a process that came to be known as “silver loading.”

Here’s where the quirk comes in. Because ACA premium subsidies, designed so that the enrollee pays a fixed percentage of income, are set to a silver plan benchmark (specifically, the second-cheapest silver plan), higher silver premiums mean higher premium subsidies across all plans—and discounts for subsidized buyers in bronze and gold plans.

But silver loading has stopped halfway. As the author of the “focused rate review” bill, Texas state Sen. Nathan Johnson, points out in the bill analysis, “insurers have not approached silver loading in a uniform manner. The resulting misalignment of premiums has caused Texans to lose out on hundreds of millions of dollars in federal marketplace subsidies, making coverage less affordable.”

Why? Since a majority of marketplace enrollees have incomes below 200 percent of FPL, silver is still the most popular metal level, and so when insurers are in a competitive market, the price of a silver plan gets competed down (though when there is just one insurer, or a dominant insurer, they can and do take advantage of the rules, often to create huge discounts).* In most of the country, gold plans are still priced well above silver, and bronze plan discounts are not as big as analysts (including the Congressional Budget Office) expected them to be when anticipating Trump’s cutoff of direct payments for CSR. A handful of states, however, have effectively ordered insurers to fully price the value of CSR into silver plans.

With Johnson’s bill, Texas joined them. S.B. 1296 directed the Department of Insurance to, as the bill analysis phrases it, “focus its rate review in a manner that uniformly maximizes the benefits of silver loading, making coverage more affordable.”

On March 28, the Texas Department of Insurance issued a proposed rule to flesh out that legal directive. The rule directs insurers to use a “CSR pricing factor” of 1.35—that is, to price silver plans at 1.35 times what they would charge if there were no CSR. That rule effectively prices silver plans close to a platinum level. Gold plans are generally priced at about 1.2 times the cost of silver with no CSR.

The CSR pricing factor is slightly below the level implemented in 2022 in New Mexico, 1.44, which led to the lowest-cost gold plan in each rating area being priced an average of 11 percent below the benchmark silver plan. In New Mexico markets, several gold plans are priced below benchmark. Accordingly, in 2022, 69.5 percent of New Mexico enrollees with incomes above 200 percent of the federal poverty level chose gold plans, compared to 24.4 percent of Texas enrollees above the same threshold.

The rest of the story is about how momentum for this idea came from a couple of conservative actuaries plus a former aide to Greg Abbott now working at the non-partisan think tank Texas 2036, who were able to get Republican buy-in for the idea, and the House sponsor for Sen. Johnson’s bill, Rep. Tom Oliverson. The details are wonky and I definitely don’t understand all of them, but the bottom line is that in Texas another 200,000 people now have access to affordable heal insurance. And the guy that wrote the bill to make it happen is the guy that escorted the vile Don Huffines out of the Senate in 2018. Not too shabby. Charles Gaba, who brings even more wonkiness, has more.

Republicans are not going to stop passing anti-abortion bills

It’s what they do. There is no finish line for them.

During their 20 years in control of the Texas Legislature, Republican lawmakers have steadfastly worked to chip away at abortion access.

Bound by the limits of Roe v. Wade, which stopped them from enacting an outright ban on the procedure, lawmakers got creative. They required abortion clinics to have wide hallways and deputized private citizens to sue providers in an effort to shut down facilities that offer the procedure.

Future lawmaking on the topic will likely not require such ingenuity. A leaked draft of a U.S. Supreme Court opinion, published last week by Politico, suggests the court will reverse the landmark abortion ruling in the coming weeks, allowing states to regulate abortion as they see fit. Texas has a “trigger law” that would make performing an abortion a felony, which would go into effect 30 days after the Supreme Court overturns Roe.

Their decadeslong goal achieved, Republican lawmakers said there’s still work to be done. Texas GOP leaders and members of the Legislature said it is now time to turn their attention to strengthening the social safety net for women and children and investing in foster care and adoption services.

“It only makes sense,” said Rep. Steve Toth, R-The Woodlands. “The dog’s caught the car now.”

At least some of the more conservative members of the House said they also want to ensure strict enforcement of the abortion ban and to prevent pregnant Texans from seeking legal abortions in other states.

“I think I can speak for myself and other colleagues that align with my policy beliefs — we’ll continue to do our best to make abortion not just outlawed, but unthinkable,” said Rep. Briscoe Cain, R-Deer Park, a member of the far-right Freedom Caucus.

Texas already has an arsenal of statutes to punish virtually anyone involved in the procurement of an abortion, said University of Texas at Austin law professor Liz Sepper. These include last year’s Senate Bill 8, which empowers private citizens to sue anyone who “abets” an abortion after six weeks of gestational age, as well as unenforced pre-Roe abortion statutes criminalizing a person who gets the procedure, which the Legislature never repealed — some dating to the 1850s.

“If Roe is overturned, there’s already a criminal ban, there’s already an aiding and abetting ban, there’s already a ban on mailing medication abortion,” Sepper said. “In terms of law’s ability to change behavior, they’ve almost filled all the gaps — with the exception of criminalizing the pregnant person involved in an abortion.”

And you better believe that’s where they’ll be going next, though to be sure there are plenty of other avenues for them to pursue as well. This is what gives creeps like Briscoe Cain their purpose in life. If somehow they do eventually run out of things to ban, next up after that is increasing penalties and making it easier for law enforcement to go after whoever the likes of Cain thinks are getting away with something. Listen to what they’re saying – they are not being coy at all about this.

Now as for the claims that maybe now it’s time to do a little something to “strengthen the safety net”, well, let’s just say that they are starting from a position of abolutely no credibility.

With a near-total abortion ban looming in Texas, advocates and experts say the state’s support systems for low-income mothers and children are already insufficient — and won’t easily bear an increase in need.

“When you say ‘social safety net’ in Texas, it sounds like a joke,” said D’Andra Willis of the Afiya Center, a North Texas reproductive justice group. “Everything they could have set up or increased to protect people if they really cared, they’re not doing it here.”

Pregnant women in Texas are more likely to be uninsured and less likely to seek early prenatal care than the rest of the country. They’ll give birth in one of the worst states for maternal mortality and morbidity. And low-income new parents will be kicked off of Medicaid sooner than in many other states.

This would make many Texans want to avoid pregnancy altogether. But learning about, let alone accessing, contraception can be a challenge in a state that does not require sex education and has narrowed family planning options in recent years.

Republican lawmakers, many of whom have focused on restricting abortion access in recent years, have said strengthening the state’s social safety net will now become a top priority. But advocates who have been working on these issues for years say any help will likely be too little, too late.

“People fail to realize that this is bigger than abortion access,” Willis said. “We’re going to be setting people up for generational poverty.”

As with so many other policy items, like boosting mental health care as their prescription to reduce mass shootings, the single biggest thing they could do to achieve that goal would be to expand Medicaid. More than 55% of all births in Texas are paid by Medicaid. I think you can guess how high that is on their priority list. But even if you want to give them a tiny bit of benefit of the doubt, note that it’s just now that they are on the verge of achieving an abortion ban that they’re even beginning to think about maybe doing something to benefit those who are pregnant and have given birth. Look at their priorities, that will tell you how much that counted for them. Why would you expect that to change going forward?

End the “tampon tax”

I approve.

Rep. Donna Howard

A coalition of menstrual health organizations is appealing a decision by the Texas Comptroller’s Office to deny its protest against the state sales tax, which they say unfairly and unconstitutionally does not exempt tampons, pads and other hygienic products.

If the dispute isn’t resolved on the administrative level, Meghan McElvy, partner at the Houston-based international law firm Baker Botts, said she plans to take the case all the way to the Texas Supreme Court if necessary. The law firm is taking up the case pro bono on behalf of the Texas Menstrual Equity Coalition.

“It’s just kind of a no-brainer issue to me,” McElvy said. “(Male) libido enhancers are tax-exempt, but medically necessary products for women are not.”

The group, which includes a large number of youth-led advocacy organizations, has asked for a re-determination hearing from the Comptroller’s Office. It comes after the agency denied their original request for a refund of sales tax on tampons, pads and panty liners bought by a Harris County woman.

This is just the latest effort in a national movement that kicked off in the 2010s aiming to end the so-called “tampon tax.”

As of now, a slim majority, or 26 states, tax menstrual products, while the rest do not, either because they have exempted them or because they’re one of the five states that don’t levy a sales tax, according to Period Law, an advocacy and legal organization.

States with exemptions include Illinois, Maryland, Massachusetts, Minnesota, New Jersey and Pennsylvania.

In Texas, state lawmakers in recent years have attempted to pass bills on the matter without success. Rep. Donna Howard, D-Austin, who chairs the Texas Women’s Health Caucus, has filed a bill every session since 2017. In 2021, House Bill 321 got out of committee but never made it to the House floor — the most progress any such bill has ever made.

Howard credited young women in high school and college, many of whom belong to groups that run donation drives to help low-income people access the products, with moving the needle last year by showing up in Austin to testify on the bill. She said she hopes to to build on their progress in the upcoming legislative session.

“We know there are a large number of Texas girls and women who do not have enough money to afford these products,” she said. “(A sales tax exemption is) not going to go a long way, but it’s a step in right direction.”

Howard said most of the pushback at the Legislature comes from members concerned about the budget. The Comptroller’s Office estimated in 2021 that the bill would have cost the state about $42 million in lost revenue in the next two-year budget cycle.

“In the grand scheme of things, this is a very small fiscal impact,” Howard said. “I keep going back to the discriminatory part of it because at some point, you make decisions because they’re the right decisions to make.”

I say they’re necessary health products, and on those grounds they should be exempted from the sales tax, as many other items are. The amount of revenue it would cost the state is pocket change in context of the budget. Legalizing marijuana, as Oklahoma has recently done, would generate far more than that to make up for it. Don’t even get me started on the various property tax loopholes and exceptions that could be fixed as well. This is a small thing we can do to make life a little easier for a lot of people. As Ms. McElvy says, it’s a no-brainer.

Dan Patrick wants a “Don’t Say Gay” bill for Texas

Of course he does.

Lt. Gov. Dan Patrick said Monday he will prioritize passing Texas legislation that mimics the recently signed Florida bill referred to as the “Don’t Say Gay” law.

That state’s controversial law prohibits classroom lessons on sexual orientation or gender identity for kids below the fourth grade or any instruction that is not “age-appropriate or developmentally appropriate” for older students. It has come under heavy scrutiny as opponents of the bill say it will harm LGBTQ children.

While Texas’ next legislative session doesn’t start until January, the issue will be addressed in Education Committee hearings before then, Patrick said in a campaign email.

“I will make this law a top priority in the next session,” he said.

Patrick’s office did not immediately respond to a request late Monday.

Enforcing Florida’s law falls to parents, much like Texas’ restrictive abortion law, Senate Bill 8, which empowers private citizens to sue anyone who “aids or abets” an abortion after about six weeks of pregnancy.

A parent can sue a school district for damages if they believe it has broken the law. If they win, parents will receive money and recoup attorney fees. In Florida, the law’s supporters portrayed it as a way to give more rights to parents. Gov. Greg Abbott has similarly said parents should have more rights concerning their children’s education as he campaigns for a third term.

Val Benavidez, executive director of the Texas Freedom Network, said in a statement to The Texas Tribune that Patrick’s promise to bring similar legislation to the state is a “stain on Texas.”

“Gender expression by children is not something that is scary or harmful. What is scary is that political activists are grasping at power by overstepping into the lives of Texas families and education of students,” Benavidez said. “While politicians use hate speech that is far from center to harm our vulnerable youth, we will continue to love our children and make sure that all families are uplifted in public life.”

Look, we know Dan Patrick means what he says when he says crap like this. He hates LGBTQ people, and he’s going to do everything he can to make their lives miserable, especially now that he’s seeing other states do things that Texas doesn’t do. We can either vote him out, or we can watch him do what he says he’s going do. Not much else to say about it.

No one should have to put up with this level of crappy service

That’s the plan. Make people give up and walk away.

[Pam] Gaskin and her husband, Michael, were denied ballots twice this month over procedural mishaps — and if she were any less determined to vote, it may have stayed that way.

“I’ve been a voting rights activist all my life, and I’m 74 years old,” said Gaskin, now a Missouri City resident. “And I have not seen anything like this. I really haven’t.”

The first time, Gaskin submitted the wrong form, though she’d downloaded it from the Fort Bend County website. The new ID requirement warranted a new application, but the county hadn’t updated the document online when Gaskin grabbed it on Jan. 3.

With the new form at her fingertips, Gaskin tried again on Jan. 14. The document stated clearly: “YOU MUST PROVIDE ONE of the following numbers,” before offering space first for a driver’s license number and second for the last four digits of her Social Security number.

The second number, it said, was only necessary “if you do not have a Texas driver’s license, Texas personal identification number or a Texas election identification certificate number.” So, she filled it out using her driver’s license ID and called it a day.

On Jan. 20, Gaskin received her second denial. The rejection letter told her she hadn’t provided the same number she used when registering to vote — 46 years ago, when she moved to Fort Bend County. She called the county to ask what number was missing, but an employee told her she couldn’t say, fearing she would violate the new law.

And so Gaskin started a game of 20 questions, quizzing the elections worker on which detail was missing until she could confirm it was her social security number. (Remi Garza, the president of the Texas Association of Elections Administrators, said the worker was probably being “overcautious.”)

She filled out a third application and finally received her ballot on Monday.

Still, the incident prompted Gaskin to pen a letter to Gary Bledsoe, the head of the Texas NAACP, documenting her experience.

“I keep up with changes in the laws that affect voters and often speak to church groups and other community organizations,” she wrote. “I have NEVER experienced anything like these misguided and Jim Crow-like rules concerning voting. This is almost as bad as asking people how many jelly beans are in the jar.”

Gaskin, who has been a member of the Texas League of Women Voters for about 25 years, worries that others won’t be as persistent as she has been.

See here, here, and here for some background. If this wasn’t a deliberate effort by the Republicans in the Lege to make it harder for a particular segment of the population to vote, then it’s a combination of malpractice-levels of ignorance on the part of those legislators, who had plenty of testimony telling them what would happen, and a high level of incompetence from the Secretary of State, who has been pulling double duty on that front. You can believe there was no bad intent if you want, but the results speak for themselves. Not-bad intentions only get you so far.

Hundreds of other Texans have experienced similar problems. Earlier this month, nearly half of all mail ballot applications in Fort Bend County were rejected because they didn’t meet new stipulations in the elections law.

Now, county Elections Administrator John Oldham says that number has dropped significantly. Oldham estimated that he’d rejected about four out of 100 applications he processed this weekend.

That’s partially because the county found a way around the errors, he said. If a person provides a driver’s license number that’s not in the state voter registration system, county employees can now look elsewhere to find the information and add it to their voter file.

“It’s a lot more work, but it did cut down the rejections considerably,” Oldham said, adding that the Secretary of State’s office hadn’t initially informed the county of that option.

Sam Taylor, a spokesman for the Secretary of State’s office, told Hearst Newspapers earlier this month that the agency is working closely with counties to answer questions and provide assistance as they work through the new ballot laws. Counties can also accept applications that include both ID numbers, he added.

That at least is good news, and if you are or know someone who has been frustrated by this ridiculous process, you need to keep at it. Make sure you’re using the current form, include both your drivers license number and your SSN, and hope for the best. And then remember you’ll have to do this every damn election, because the goal was to make it harder on you. Mission accomplished.

This is what voter suppression looks like

I have four things to say about this.

A Harris County man fears new voting laws may prevent him from voting by absentee ballot for the first time in his lifetime.

Kenneth Thompson, 95, has been checking his mail daily in hopes his mail-in ballot is among the pile.

Thompson has been voting since he was 21-years-old, and he even recalls paying a $0.25 poll tax in the 1950′s.

“I’ve been voting many, many years and I’ve never missed a vote,” Thompson said.

Thompson considers voting a duty. He served in the U.S. Army in WWII during the European Theater for the right to vote and other freedoms.

Decades later, the vet fears Texas’ new election law, SB1, could prevent him from voting for the first time in his life.

Per law, Thompson must either provide part of his social security number or his driver’s license number that matches his registration record with the county or state.

“He registered to vote in the 1940′s and they didn’t require that,” said Thompson’s daughter, Delinda Holland.

Since Holland can’t meet the new requirement, his mail-in ballot application was denied twice. The veteran said Harris County election officials never notified him and he had to call to find out both times.

“There’s gonna be a lot of people not gonna vote,” Thompson said. “If I hadn’t have called in about mine, people wouldn’t have known.”

Thompson’s daughter, Holland, who has only missed voting in one bond election herself, said she’s even tried contacting the county and state Secretary of State’s Office to add her dad’s license number to his registration file online. She said she discovered there’s not actually a way to have that done.

“We know it’s a new law, we’re happy to correct it,” Holland said. “He’s a law-abiding citizen. He doesn’t want to miss voting, and yet, there’s no mechanism to add that driver’s license to your record.”

Holland said she had to re-register her dad last week to ensure he makes the Jan. 31, 2022 voter registration deadline. Thompson said he hopes he’ll have a ballot in the mail soon, otherwise he plans to vote in person.

1. Yes, this is voter suppression. This guy has been voting for over 70 years, and now he’s being asked to provide a number to match a non-existent value in a database. Putting aside the question of how this ludicrous charade enhances “election integrity”, this is suppression because it’s an obstacle that was put in the way of a lot of people who have no easy way to overcome it. Look at what he’s had to go through to try to be able to vote as he’s been used to voting and is legally entitled to vote, and then multiply it by however many thousands of people in similar straits. The people who wrote and supported this law knew for certain this would happen – they were explicitly told it would happen – and they didn’t care. The fact that he will ultimately vote in person if he doesn’t get a mail ballot is irrelevant, as many people in the same position will not have that option.

2. Part of the issue here is that Mr. Thompson hasn’t been able to get the help he needs from Harris County or the Secretary of State. We know that county election officials have not been able to get accurate information about the new law from the SOS office in a timely fashion. The SOS office, likely due to a combination of the law being big and complex and there not being a lot of time to read and understand it as well as the fact that the person in charge is a partisan hack who has no commitment to voting rights, has been overwhelmed. The SOS certainly deserves its share of the blame, but again Republican legislators could and should have known this would happen. They could have very easily delayed implementation of the law until 2023 or 2024, to give everyone sufficient time to adjust to it. But they didn’t, because making it harder for people to vote was the point and they didn’t want to wait for that to happen.

3. It’s hard to imagine a more sympathetic victim than a 95-year-old World War II veteran. There was a time when the revelation of his plight would have gotten a reaction from the people who are responsible for it, with at the least some apologies and assurances that they didn’t mean for this to happen and that they would do what they could to make it right for him and people like him. I’m not going to hold my breath waiting for a single Republican elected official to say any of these things now.

4. In the name of all that is sacred, don’t read the comments. You think the comments on newspaper articles are bad, hoo boy.

Sure, let’s blame the supply chain for voter registration problems

I have a simple solution for this, if anyone wants to hear it.

Still the only voter ID anyone should need

The Texas Secretary of State’s office is having more trouble than usual getting enough voter registration cards to groups who help Texans register to vote.

Sam Taylor, assistant secretary of state for communications, said supply chain issues have made it harder and more expensive to get paper, which means the Secretary of State’s office will be giving out fewer voter registration forms to groups ahead of elections this year.

“We are limited in what we can supply this year, because of the paper shortage and the cost constraints due to the price of paper and the supply of paper,” he said.

Grace Chimene, the president of the League of Women Voters of Texas, said it is not unusual for the Secretary of State to not have enough forms to fill all the requests it gets from groups like hers ahead of elections. This particular shortage, however, is affecting an important part of her group’s work: registering thousands of newly naturalized citizens.

Chimene said in previous years, her group, which has chapters across the state, has been able to get enough forms to pass out at naturalization ceremonies. Often, she said, the group partners with the state to give out several thousand forms at each ceremony.

“The League in Houston registers about 30,000 new citizens every year through these ceremonies in the past,” Chimene said.

[…]

Taylor said the Secretary of State’s office has been forced to limit each group to 1,000 to 2,000 registration forms per request. He said this shortage is coming at a time when many groups are seeking out new voter registration forms because of a change in Texas’ voter registration laws created under Senate Bill 1, a controversial voting law that went into effect last month.

“The voter registration application changed this year for one reason: It’s because the legislature decided to increase the penalty for illegal voter registration from a class B misdemeanor to a class A misdemeanor,” he said.

Previously, Taylor said that change had to be reflected on registration applications in order for them to be approved. But, after this story was published Tuesday, he clarified that’s not necessarily the case.

“While we have made clear to officials and groups that they should not be distributing the old version of the Voter Registration form, county voter registrars may accept completed voter registration applications on the old form, so long as the application is otherwise valid,” Taylor said in a statement Tuesday. “In other words, using last year’s form in and of itself is not fatal to the voter’s registration application.”

Chimene said all these constraints present serious issues for her group as they try to get voter registration materials together ahead of these large naturalization ceremonies.

“We are treating all organizations that request these the same,” Taylor said. “We are trying to fulfill these requests as fast we can. But the fact is we simply don’t have the supply to honor every single request for free applications.”

According to Chimene, this is one of the pitfalls of Texas being among the few states in the country that does not have online voter registration. Supply chain issues are not as big of a problem when you can just direct someone to a website.

I mean, give me a break. First, as noted before, there is no reason to trust John Scott. Do not take him at his word. News folks, you need to push him a lot harder on this.

Second, I know we’re only allowed to do online voter registration in certain limited circumstances, and we’re not going to get a special session to get the Lege to authorize further uses of it. You can, however, fill out the form on the SOS website, which you then have to print and sign and mail in, because that’s how we roll here. What it appears that you can’t do is just download and print the form itself, on your own paper, for use at things like voter registration drives. The LWV could bring iPads or laptops to those naturalization events and have the new citizens do the form-filling online, but then each one would have to be printed as they go. Not very conducive to such efforts. We are absolutely committed to doing this in the least convenient and most stupid way possible.

Oh, and we also have the absentee ballot rejection issue, and a lack of training materials, and other issues. Not all of this is the SOS’s fault, but it is their job. And either they failed to communicate to the Republicans in the Lege and Greg Abbott just how much they were about to screw things up, or (more likely) failed to get them to listen and care. And here we are.

So sure, blame the supply chain. Anything to distract from the real problem.

Crystal Mason using SB1 to try to overturn her illegal voting conviction

Hope this works. It would be one small good thing to come out of that otherwise harmful law.

Crystal Mason, the Tarrant County woman whose illegal voting conviction has garnered national attention, is asking for a Texas appeals court to overturn her conviction under a new provision of Texas’ recently adopted election law Senate Bill 1.

Mason, 46, was sentenced to five years in prison for attempting to cast a ballot in 2016′s presidential election. At the time, Mason was on supervised release from a federal tax fraud conviction and was prohibited from voting in Texas.

Her lawyers with the American Civil Liberties Union this week filed a brief with the Texas Court of Criminal of Appeals citing the state’s new election law that took effect earlier this month in asking for her conviction to be overturned.

Tucked within SB 1 that was passed by the Texas Legislature in this year’s second special session is a section erasing criminal penalties for felons who attempt to vote without knowing that they were committing a crime. That portion of the law came about with Mason’s conviction in mind.

“SB 1 is a repudiation of Ms. Mason’s conviction and five-year sentence of incarceration,” the brief states.

[…]

Her attorney with the American Civil Liberties Union declined a request for comment. The Tarrant County District Attorney’s office, which prosecuted and has argued against overturning Mason’s conviction, said in an emailed statement that SB 1 has no bearing on Mason’s case.

“Even under the new law, she is guilty,” office spokeswoman Anna Tinsley Williams said. “She wasn’t convicted simply for casting the provisional ballot; she was convicted for casting a provisional ballot when she knew she was ineligible to vote. Knowledge of ineligibility is the key. This is not a case of mistaken voting.”

See here and here for some background. House Democrats had negotiated an amendment in the original bill during the regular session that would have retroactively covered Mason’s case, but it was taken out in the conference committee version by Senators on the committee, and that breaking of the faith was one of the catalysts for the initial quorum break during the regular session, which prevented the bill from getting a final vote. In the second special session, after House Dems had returned from Washington, a similar amendment was added to the House version of the bill, but it again ran into resistance in the Senate, with bill author Bryan Hughes the main obstacle. (How bad does Hughes look when even Briscoe fricking Cain was willing to add this provision to the bill?) If people can read the final version of the bill to include or not include Crystal Mason in its scope, then it’s at best a tossup what the CCA will do, and given their usual pro-prosecution bias, I can’t say I’m optimistic. But it’s sure worth the try.

Quinn Ewers

This story caught my eye.

They got played by an 18-year-old.

Depending on your sports acumen, hearing the name Quinn Ewers either makes your ears perk up or leads you to ask, “Who?”

The former Ohio State quarterback’s name is back in the news – again – after announcing that he’s leaving the school to enter the transfer portal. Just a few months ago, Ewers made national news when he skipped his senior year of high school to enroll early at Ohio State so that he could capitalize on NIL money. It’s been reported that he’s made over $1 million.

“If I enroll at Ohio State, obviously I’d be able to make money off the deals, and I feel like it’d be a big advantage of learning the playbook and getting comfortable with the campus and all my teammates,” he told Yahoo Sports in July. “But if I stay and don’t get paid, I may be able to win a state title.”

Because Texas, where Ewers is from, is a terrible place run by a litany of unintelligent Republicans, the state’s University Interscholastic League has a rule that won’t let high school athletes like him profit off NIL – even though he was the state’s biggest recruit, wanted to stay home and play, and was the No. 1-ranked player in his class.

So, since the system wanted Ewers to leave over $1 million on the table, Ewers finessed them by graduating early and enrolling at Ohio State in a glorified redshirt season that put a lot of money in his pocket, while also getting him acclimated with being a college athlete. And after only taking two snaps all season, Ewers is back on the market, and it’s expected he will wind up on a roster in Texas next season a whole lot richer than when he was when he left.

The Texas connection and the mention of a rule about NIL for high school athletes intrigued me, so into the Google rabbit hole I went. First, I found several stories about Ewers’ pending transfer, which may be to UT, A&M, Texas Tech, or who knows where else, but none filled in the blanks for me about that “rule”. I searched more specifically about the Lege and “name image likeness”, and found this Trib story.

College athletes in Texas will soon be able to receive compensation from outside businesses that want to use their name, image or likeness under a new law Gov. Greg Abbott signed Monday evening.

State Sen. Brandon Creighton, R-Conroe, said he sponsored the bill to keep Texas collegiate athletic programs competitive as other states have passed similar legislation. At least 15 states have passed bills lifting the ban on allowing student athletes to be paid by outside parties since California was the first state to approve the change in 2019.

NCAA rules ban athletes from receiving any kind of compensation other than scholarships for playing college sports. This law would not change that ban on direct payment by a college or university, but would allow college athletes to receive payment elsewhere.

The bill overwhelmingly passed the Texas House and Senate, though some lawmakers expressed concern it would negatively affect college sports, which multiple lawmakers said should “be played for the love of the game.” Supporters said college athletes deserve to benefit from the industry in which they play a major role.

“The biggest winner in this needs to be all of the student athletes,” said state Sen. José Menéndez, D-San Antonio, on the Senate floor in April. “We gain entertainment. Universities gain revenue, and they need to share in that because of their hard work.”

The NCAA Board of Governors voted to allow players to be paid for their name or likeness in October 2019, but the Division I Council postponed a vote on specific rules in January as it continued discussions with the federal government over rules.

I did not blog about that at the time, though I did note the California law and its potential effect on Texas back in 2019. The bill in question is SB1385, but it’s about allowing college athletes to get paid, not preventing high school athletes from doing the same. Still, it’s the most likely vehicle for such a restriction, and in reading the text of the bill, we see the following:

No individual, corporate entity, or other organization may:
(1) enter into any arrangement with a prospective student athlete relating to the prospective student athlete’s name, image, or likeness prior to their enrollment in an institution of higher education

That right there appears to be the prohibition on high school athletes making the same kind of arrangement for themselves, and indeed a visit to the UIL webpage confirms that:

It is the opinion of UIL staff that a transaction in which a student-athlete is engaged “to promot[e] a product, plan or service related to a UIL sport or contest” using the student-athlete’s NIL in exchange for compensation received by or on behalf of the student-athlete would be in violation of Section 51.9246 of the Education Code and Section 441 of the UIL Constitution and Contest Rules.

It is the opinion of UIL staff that the student-athlete would be in violation of this section if an agreement was executed prior to the student being enrolled in an institution of higher education, even if the student, or a third-party receiving compensation on behalf of the student, does not receive compensation “until all athletic competitions are completed in the 12th grade.” Section 441(a)(2) prohibits the receipt of “valuable consideration,” which covers any inducement, including a promise of future compensation.

They are referencing the section of the Education Code that was revised in SB1385, so that’s that. I strongly suspect that the supporters of this law did not envision the Quinn Ewers scenario, but now that it’s happened I wonder if there will be a push to amend the law to close that loophole. The Texas college that gets him on their team will be happy for this (though one could argue they’d have gotten him a year sooner if the law hadn’t been in place in this form), but his high school can’t be too happy about it. I’ll be interested to see which of those 800-pound gorillas can prevail if they disagree about the unintended side effects of this law.

Anyway. Nothing earth-shattering here – as the Deadspin story notes, Ewers comes from a well-to-do family, so this was more about the principle that he should have been able to pursue this money than the need for the money – but it’s fascinating and not something that had been on my radar. And now you know, too.

By the way, medical abortion is now more tightly restricted in Texas, too

Another piece of crap from the special session.

Misoprostol

A new law limiting the use of abortion-inducing medication in Texas goes into effect Thursday.

The law makes it a felony to provide the medication after seven weeks of pregnancy, putting Texas at odds with federal regulations. It also makes it a crime to send the medication through the mail.

Medical abortion is the most common way women in Texas terminate their pregnancies, according to state data.

These new restrictions reflect a growing concern among abortion opponents about the rise of “self-managed” abortions, in which pregnant people obtain the medications from out-of-state or international providers, with or without a prescription.

There’s evidence that more women turn to self-managed abortions when legal abortion is restricted. Texans have been unable to access abortions after about six weeks of pregnancy since Sept. 1, when a controversial new ban went into effect.

“Texas is looking at the ways that people are navigating around restrictions and trying to essentially make that as unsafe and as frightening for people as possible in order to deter them,” said Farah Diaz-Tello, senior legal counsel for If/When/How, a reproductive justice legal group.

Diaz-Tello and other advocates worry that the new criminal penalties may make pregnant Texans fearful of seeking medical care after a self-managed abortion.

[…]

Texas’ new law also specifies that no one may provide abortion medication “by courier, delivery or mail service.”

Texas already required the medication to be provided by a physician in person. But this specific clause addresses a growing concern among abortion opponents that patients are trying to circumvent the required doctor visit by getting the drugs by mail, especially with the state’s new restrictions that bans abortions after around six weeks.

Called a “self-managed abortion,” this usually entails ordering abortion-inducing drugs online, with or without a prescription, from doctors, pharmacies and other providers out of state or overseas.

The FDA has attempted to crack down on some providers, including AidAccess, a group founded in 2018 by Dr. Rebecca Gomperts, a European doctor. AidAccess provides abortion-inducing medications to women in areas that have restricted access to the procedure.

Gomperts has said she will continue prescribing to patients in Texas. She told CBS News in September that she believes she is on solid legal ground since it is legal to prescribe this medication where she is based.

See here for the backgroun; I didn’t blog it at the time for whatever the reason. A bit more than half of all abortions in Texas are medical abortions, which the FDA says are safe up to ten weeks. I suspect Dr. Gomperts and others like her if they exist will get more business now, despite the prohibition on sending the medication via mail. It’s really a matter of enforcement, and it’s not clear to me how Texas will be able to do that. That FDA action against her was from 2019, by the way. It would be nice for the current FDA to maybe revisit that now. I don’t have anything positive to end with. This is where we are right now.

NAACP tells athletes to steer clear of Texas

At least someone is willing to take a stand.

The NAACP is urging professional athletes who are free agents to boycott Texas over recent restrictive voting and abortion laws as well as policies stopping local governments from enacting coronavirus containment measures, all of which the civil rights organization says “isn’t safe for anyone.”

“From abortion to voting rights and mask mandates, Texas has become a blueprint by legislators to violate constitutional rights for all, especially for women, children and marginalized communities,” wrote NAACP President and CEO Derrick Johnson in a letter to all major players’ associations.

The letter specifically called out the GOP elections bill that Gov. Greg Abbott signed last month; the virtual ban on abortions Abbott signed in May that’s being challenged at the U.S. Supreme Court; and Abbott’s executive orders blocking school districts from enforcing mask mandates.

“Texas lawmakers have destroyed the state’s moral compass by passing these laws. In return, we are asking that you seek employment with sports teams located in states that will protect, honor and serve your families with integrity,” Johnson wrote in the letter to the NFL, NBA, WNBA, MLB and NHL Players’ Associations.

You can see the letter here. On the one hand, we’re going to need as many people who oppose these things as we can get if we want to be able to vote these bastards out, and anyone who might heed this warning would presumably be on our side for that. On the other hand, people have to do what’s best for themselves and their families. I can’t blame anyone for not wanting to have to deal with this crap when they have other, better choices available to them. So thank you to the NAACP for calling attention to these issues. I’m still waiting for the NCAA to do its part.

Here comes the library police

Hide your children, and your copies of forbidden books.

Warning: This book may warp tiny, fragile minds

A Republican state lawmaker has launched an investigation into Texas school districts over the type of books they have, particularly if they pertain to race or sexuality or “make students feel discomfort.”

State Rep. Matt Krause, in his role as chair of the House Committee on General Investigating, notified the Texas Education Agency that he is “initiating an inquiry into Texas school district content,” according to an Oct. 25 letter obtained by The Texas Tribune.

Krause’s letter provides a 16-page list of about 850 book titles and asks the districts if they have these books, how many copies they have and how much money they spent on the books.

His list of titles includes bestsellers and award winners alike, from the 1967 Pulitzer Prize-winning novel “The Confessions of Nat Turner” by William Styron and “Between the World and Me” by Ta-Nehisi Coates to last year’s book club favorites: “Hood Feminism: Notes from the Women that a Movement Forgot” by Mikki Kendall and Isabel Wilkerson’s “Caste: The Origins of Our Discontents.”

But race is not the only thing on the committee chair’s list. Other listed books Krause wants school districts to account for are about teen pregnancy, abortion and homosexuality, including “LGBT Families” by Leanne K. Currie-McGhee, “The Letter Q: Queer Writers’ Notes to their Younger Selves” edited by Sarah Moon, and Michael J. Basso’s “The Underground Guide to Teenage Sexuality: An Essential Handbook for Today’s Teens and Parents.”

Krause, a Fort Worth lawmaker and founding member of the House Freedom Caucus, is running for state attorney general against Ken Paxton. Krause declined to comment and no explanation was given as to how these books were chosen.

Krause sent notice of the investigation to Lily Laux, the Texas Education Agency deputy commissioner of school programs, as well as some Texas school superintendents. His letter did not specify which school districts Krause was investigating.

[…]

School officials have until Nov. 12 to respond. It is unclear what will happen to the districts that have such books.

The letter did not give a specific reason that Krause was launching the investigation, only that “the committee may initiate inquiries concerning any ‘matter the committee considers necessary for the information of the legislature or for the welfare and protection of state citizens.’”

State Rep. Victoria Neave, D-Dallas, who is vice chair of the committee, said she had no idea Krause was launching the investigation but believes it’s a campaign tactic. She found out about the letter after a school in her district notified her.

“His letter is reflective of the Republican Party’s attempt to dilute the voice of people of color,” she said.

Neave said she doesn’t know what Krause is trying to do but will investigate the motive and next steps.

I mean, this is obviously one part “critical race theory” bullshit, and one part Matt Krause jumping up and down and shouting “Look at me! I’m some guy you’ve never heard of but I’m running for Attorney General so please please please pay attention to me!” I’m sure that the seething masses of the Republican primary electorate, the most delicate and catered-group group of snowflakes that ever demanded special treatment, will be glad to hear it, if they ever do hear of it. In the meantime, school officials can add one more task to their ever-growing list of Shit I Don’t Need To Be Doing Right Now. God bless Texas.

The new maps are now official

Expect further lawsuits to follow.

Gov. Greg Abbott on Monday approved Texas’ new political maps for the state’s congressional, legislative and State Board of Education districts, according to Texas Legislature Online.

The maps were drawn to keep Texas Republicans in power for the next decade. They simultaneously diminish the power of voters of color — despite new census numbers pointing to Texans of color as the main force behind the state’s population growth.

The new districts will be used for the first time in next year’s primary and general elections, barring any court interventions.

The redistricting process, which happens every 10 years after new census data is released, is complicated and contentious. Legal battles have already begun, with one early lawsuit raising various claims that the new districts unfairly and illegally discriminate against voters of color. More legal challenges are expected to pop up in the near future.

That’s the main story; what follows is a listing of the stories for each milestone in the process during the last special session. The main points to take away here are that we’re going to have a regular March primary because there’s no reason not to, and there’s still time for a federal voting rights law to be passed. It would likely not have any immediate action, unless a plaintiff in the current or a future lawsuit could get a restraining order based on it, but it would make it easier to eventually get a map or maps thrown out in court. Would have been better in every conceivable way to have had such legislation in place two months ago, but here we are. There will be more lawsuits regardless, and we’ll see where they go and how long they take to get there. Reform Austin has more.

I think we are going to have a regular March primary

This happened in the second special session, after the Dems came back from Washington DC.

Senate Bill 13, from Senator Joan Huffman (R-Houston), has been sent to Governor Greg Abbott after being approved by the House and Senate this week.

The bill gives the Secretary of State the authority to change the dates of the primary election and any runoff election, along with related dates for candidate filings, depending on when a redistricting plan is finalized.

If the bill is signed into law, it would keep all current primary election and associated administrative dates the same, as long as a redistricting plan is completed by November 15th. This would set a primary date of March 1, 2022 and a runoff of May 24, 2022, with candidate filing taking place between November 29th and December 13th.

However, if a redistricting plan is not finished by November 15th, but is completed before December 28th, the primary election would be delayed to April 5, 2022 and the runoff would shift to June 21, 2022. Candidate filing would occur from January 10-24, 2022.

If the redistricting plan is not completed until after December 28th but before February 7, 2022, the primary would move to May 24, 2022, while the runoff would be pushed back to July 26, 2022. Candidates would be able to file between February 21 and March 7, 2022.

There was a bill to do this in the regular session that passed the Senate but did not come up for a vote in the House. As you may have noticed, all of the redistricting bills have been passed, and they await Greg Abbott’s signature, which I assume will happen shortly. Given that it’s not even November yet, we’re in plenty of time for that deadline. So, barring a court ruling that puts those maps on hold, I assume that the filing season will begin on November 15 as usual, with the primaries to follow in March. I haven’t seen any news stories to confirm this, perhaps because everyone had been assuming this all along, but we very much could have had delayed primaries, so I wanted to make note of this. If you have some reason to think otherwise, let us know in the comments.

Congressional map passes

And so the work is done. The lawyers are warming up their engines as we speak.

The Texas Legislature has signed off on new congressional districts that shore up the GOP’s dominance and yield little ground to the people of color who have driven the state’s growth.

Wrapping up their work to build a decade of population change into new political maps, the Senate and House on Monday each approved a negotiated, final version of the congressional map, which will go to Republican Gov. Greg Abbott for his signature. In complete control of the redistricting process, Republicans designed a map that will tighten their hold on diversifying parts of the state where the party’s grip on power was waning and lock in the GOP’s majority in the 38-seat delegation for the U.S. House.

The map also incorporates two additional House seats the state gained, the most of any state in this year’s reapportionment. Though Texas received those districts because of explosive population growth — 95% of it attributable to people of color — Republicans opted to give white voters effective control of both, which were drawn in the Houston and Austin areas.

The Senate approved the map on a 18-13 vote. The House followed with an 84-59 vote.

Previewing the legal battles that will follow, Democrats decried the lack of adequate representation for voters of color, shunning a map that diminishes their voices instead of reflecting the state’s changing racial and demographic makeup. Half of the 4 million residents the state gained in the past 10 years were Hispanic.

“What we’re doing in passing this congressional map is a disservice to the people of Texas. What we’re doing is hurtful to millions of Texans — it’s shameful,” state Rep. Rafael Anchía, the Dallas Democrat who chairs the Mexican American Legislative Caucus, told his colleagues before the vote. “I’d love to be able to say it is a stain on the legacy of voting rights, but that seems to be the playbook decade after decade after decade in this state.”

The Republicans who led the redistricting process offered little defense of the maps from the Senate and House floors before the final votes. They have previously said the congressional map was drafted based on a series of “priorities,” including partisanship and keeping communities of interest together. They’ve also argued the map complies with federal laws protecting voters of color from discrimination, though they have declined to offer specifics about their legal analysis.

[…]

Republicans placed a new district, the 37th Congressional District, in the Austin area to capture Democratic-leaning voters that were endangering the prospects of Republican incumbents in nearby districts. They also drew in a new district, the 38th Congressional District, that would offer Republicans safe territory in the Houston area. In both districts, white residents would make up more than 60% of eligible voters.

During the Senate’s first debate over the map earlier this month, state Sen. Joan Huffman, the Houston Republican who led the Senate’s redistricting process, told her colleagues her team had seen “no strong basis in evidence” to create a new opportunity district for voters of color.

Like I said, the lawyers are ready. You can see the map here. As the story notes, one significant change was to undo the scrambling of CDs 09, 18, and 29 that left Reps. Sheila Jackson Lee and Al Green living in different districts. They got what they asked for, and in the process they put most of my neighborhood, including myself, back into CD18. You should check and see where you wound up.

I don’t have much more to say about the maps at this time. I’ll keep a lookout for electoral data when it becomes readily available, and of course I’ll keep an eye on the inevitable litigation. In the meantime, the big question is are we finally done with all this crap?

Early Tuesday morning, both the House and Senate adjourned the third special session of the year, capping a grueling stretch that featured a weekslong Democratic walkout over the GOP’s priority elections bill and a series of proposals to build on what was already a triumphant regular session for conservatives.

But the latest special session ended without lawmakers passing two of Abbott’s priorities — legislation to increase an illegal voting penalty and to ban vaccine mandates by any entity in Texas.

In each of the previous three legislative sessions this year, Abbott was firm that he would keep calling lawmakers back to Austin until they addressed the legislation he required of them — most notably the GOP elections bill and changes to the bail system targeting violent offenders. He placed a bill targeting transgender student athletes on each of the three special session agendas, until it was finally passed in the most recent session.

On Monday night, as the chambers were nearing sine die, Abbott declined to say whether a fourth special session would be necessary. He also did not say anything Tuesday about the possibility, but he did issue a statement applauding lawmakers for their work in the third special session that suggested he was satisfied with what they had gotten done.

“These dynamic achievements would not have been possible without the men and women of the Texas House and Senate who worked tirelessly through the third Special Session to ensure these priorities made it across the finish line,” he said. “Because of their efforts, the future of Texas is stronger, safer, and freer.”

But the unfinished bills are fraught with intraparty politics, and could expose Abbott to attacks from his right, which he has been increasingly attuned to as he prepares for his 2022 reelection campaign.

Some lawmakers expect there to be a fourth special session, but not in the short term — and maybe closer to primary season.

May the Lord have mercy on us all. At least we know that the remaining items Abbott might want are more contentious among Republicans, and that may act as a brake on them. But man, do I never want to have to depend on Republicans doing the thing that I want them to do, because that trick never works. The Chron has more.

The Lege may fail to enshrine Abbott’s max anti-vaxx order into law

One bit of good news.

Legislation intended to block any Texas entity, including hospitals and private businesses, from mandating COVID-19 vaccines for employees has stalled out in the Senate with less than two days left in the third special legislative session this year.

State Sen. Kel Seliger, R-Amarillo, said he opposes the bill, which makes entities requiring the vaccines vulnerable to discrimination lawsuits. Seliger said the legislation — added to the session agenda as a late priority by Gov. Greg Abbott — does not have the votes to pass in the upper chamber.

“At the moment it’s not too well developed,” Seliger said of Senate Bill 51, authored by state Sen. Bryan Hughes, R-Tyler, calling it “anti-business.”

“I’ve got some real reservations because I think it’s another example of big government,” Seliger said. “And we don’t do that.”

SB 51 has been on the Senate’s calendar since Thursday, but the chamber has not taken action, even as it passed other priority legislation.

The special session is scheduled to end Tuesday, and the vaccine legislation is one of only a few outstanding Abbott priorities that appears unlikely to get through the finish line.

“It’s dead,” state Sen. Juan “Chuy” Hinojosa, D-McAllen, said of SB 51.

[…]

More than two dozen medical and business advocacy groups quickly criticized SB 51, pushing back against the legislation in the days after it was introduced last week. Hughes filed the bill after Abbott asked lawmakers last week to take up this issue to ensure Texans aren’t required to get vaccinated, saying that vaccines are “safe, effective, and our best defense against the virus, but should remain voluntary and never forced.”

Abbott called for the legislation as he took executive action to ban private companies from requiring employees or customers to be vaccinated against COVID-19, which will be in effect statewide even if lawmakers don’t act. His order came four weeks after Democratic President Joe Biden announced that federal contractors must have all employees vaccinated against COVID-19 and that businesses with more than 100 employees must mandate vaccination against the virus or require regular testing.

The organizations opposing the bill, including several chambers of commerce, the Texas Association of Business, the Texas Hospital Association, the Texas Association of Manufacturers, the Texas Hotel & Lodging Association and the Texas Trucking Association, have warned lawmakers of the legislation’s risks to small businesses, workplaces that rely on federal funding and immunocompromised Texans.

The warnings were notable in a state where business interests work closely with pro-business Republicans to influence legislation.

“We’re getting tremendous amount of communications from the business community saying this is their job,” Seliger said. “They set the rules and working conditions in their places of business.”

See here and here for some background. From the jump there were stories of strong opposition from business groups, who are normally very friendly to Republicans, to this bill. Given that the session ends today, I’d say the odds that this bill dies with it are pretty good. But I don’t want to get too overconfident, because it is entirely possible that enough objectionable pieces of that bill could get filed off, and it would be at the top of the agenda for a fourth session, whether or not one is needed. So count this as a provisional win, and hope for the best from here.

Down to the wire for Congressional redistricting

Time is running out in this session. Of course, there’s always the next session shudder.

A redraw of the state’s congressional map to include a decade of population growth could be headed to last-minute backdoor negotiations after the Texas House made a series of changes to the Senate’s proposed boundaries.

The House approved the congressional map on a 79-56 vote early Sunday, leaving in place district configurations that largely protect incumbents while denying Hispanics control of either of the two additional seats the state earned based on the 4 million new residents it gained, according to 2020 census results. Half of the new residents were Hispanic.

But the House late Saturday tweaked the Senate-approved map so that two Black Democratic members of Congress in the Houston area would not be pitted against each other. The chamber also amended the map to just barely restore the Hispanic-majority electorate of a Central Texas district stretching from Austin to San Antonio that the Senate plan had shrunk.

Early Sunday morning, the Senate rejected those changes and requested what’s known as a conference committee, made up of members of both chambers, to hash out the differences. That deal would require an additional vote by each chamber before this third special session ends Tuesday.

[…]

Throughout the evening, Democrats warned of “blatant legal defects” that undermine the electoral strength of voters of color in choosing their representatives in Washington, D.C. At times offering vague reasoning for their opposition, the House’s Republican majority repeatedly rejected their bids to rework the map and create additional districts in which voters of color could control elections.

A failed proposal to create such a district for Hispanics in western Dallas County grew particularly contentious as state Rep. Jacey Jetton, R-Richmond, spoke against the proposal, noting it would reduce the Hispanic population in a neighboring Democratic district.

In response, state Rep. Rafael Anchía, the Dallas Democrat who had offered the proposal, questioned why Republicans would object to the new district while signing off on a configuration that instead draws some of those Hispanics into a massive rural district with almost surgical precision.

Under the plan Republicans approved, the 6th Congressional District — which stretches across seven mostly white rural counties to the south of Dallas — extends a finger northward into Dallas County to capture Hispanic neighborhoods. That engineering simultaneously boosts white voters’ control of the district while stranding Hispanic voters who in the past were concentrated enough to influence election outcomes.

“You really have to try hard to deny Latinos in North Texas the ability to select that candidate of their choice, but that’s what’s baked in this plan,” Anchía said.

[…]

In reconfiguring the Austin-area districts, the Senate had brought the share of Hispanic eligible voters in the 35th Congressional District down from 52.6% to 48%. House Republicans voted to give Hispanic voters a marginal majority by bringing them up to 50.5% of eligible voters in the district, which is currently represented by longtime Democratic U.S. Rep. Lloyd Doggett.

In that same amendment, Republicans also upped the percentage of Hispanic eligible voters to exactly 50% in CD-27, a district that runs from the Gulf Coast up to Central Texas. But the seat would likely remain under Republican control, giving Donald Trump a hypothetical 20.5-percentage-point margin of victory at 2020 levels of support. The district is currently represented by Republican Michael Cloud of Victoria.

Democrats voted against those changes because they also served to further boost Republican performance in neighboring CD-15, which is anchored in Hidalgo County. The Senate reconfigured that district to flip it from one that Joe Biden narrowly carried to one that Trump would’ve won by 2.6 percentage points. Under the House’s changes, Trump’s margin of victory increases to 4.6 percentage points.

The CD-15 incumbent, U.S. Rep. Vicente Gonzalez, D-McAllen, has said he would move to run for reelection in the reconfigured CD-34, which was unexpectedly close in 2020 but was shored up as a safe Democratic seat. But it appears he will be able to stay put, thanks to a Democratic amendment passed Saturday that would draw his residence into CD-34.

Save for exceptions like CD-15, the GOP appeared to prioritize incumbent protection over aggressively running up the party’s numbers in the congressional delegation. But the map does in fact give Republicans a bigger edge, increasing from 22 to 25 the number of districts that would have voted for Donald Trump in 2020. The state’s current delegation consists of 23 Republicans and 13 Democrats.

See here and here for the background. I expect that the conference committee will produce a final map that will get approved in time, which would at least have the benefit of lessening the need for yet another special session. That’s all up to Greg Abbott of course, and if there’s some other dumbass wingnut thing he wants to do to fake looking tough for Republican primary voters, he can do it. Having Congressional maps in place would mean he doesn’t have to, for whatever that’s worth. This map is trash, but we know the courts will rubber stamp it, so the Republicans have no need to care. Pass it and get out of town, it’s the best we can hope for.

The Lege is now 3/4 done with redistricting

All but the Congressional maps are done. They’re just plowing through it.

The Texas Legislature is nearing the end of its work to incorporate a decade’s worth of population growth into new political maps — pressing forward with efforts to cement GOP dominance of the statehouse and deny voters of color a greater say in who gets elected.

In the final stretch of a 30-day special legislative session, the Republican majorities in the House and Senate on Friday almost simultaneously signed off on new political maps for the opposite chamber, sending them to Gov. Greg Abbott, also a Republican, for his signature. The votes were largely procedural as neither chamber made any changes. It’s customary for each chamber to defer to the other in drawing up maps for its own members, but both must give them a vote.

By a vote of 81-60, the House granted approval to a Senate map that would draw safe seats for Republican incumbents who were facing competitive races as their districts diversified over the last 10 years.

The Senate gave an 18-13 vote to a House map that would fortify the Republican majority of the 150 districts, bolstering those that had grown competitive over the last decade and devising new battleground districts.

The House also signed off on a new map for the Republican-controlled State Board of Education, which sets standards for Texas public schools. Still left on the docket is a House vote on a redraw of the state’s congressional map that would largely protect incumbents in Congress while reducing the number of districts in which Black and Hispanic residents make up the majority of eligible voters. That vote is expected Saturday.

If adopted, the maps could remain in place for the next 10 years, though it’s all but certain that they will face legal challenges that could result in changes.

[…]

Sixteen Republican incumbents will be drawn into safe districts for reelection, while two Senate seats being vacated by Republicans would almost certainly go to new GOP candidates over Democrats next year based on the percentage of voters in the district who voted for Donald Trump over Joe Biden in last year’s presidential race.

Democrats would also likely lose Senate District 10 in North Texas, represented by Sen. Beverly Powell of Fort Worth. That would shift the Senate’s partisan makeup from the current 18 Republicans and 13 Democrats to 19 Republicans and 12 Democrats under the proposed map.

Voters of color in the district, which sits entirely in Tarrant County, have banded together with white voters over the last decade to elect their candidates of choice. Its eligible voters are 21% Black, 20% Hispanic and 54% white.

But under the proposed map, SD 10’s Black and Hispanic populations are split into two other districts with majority-white electorates.

The voters who remain in the newly drawn District 10 would also see major changes. Black and Hispanic voters in urban areas of south Fort Worth would be lumped in with seven rural counties to the south and west that would drive up the district’s population of white eligible voters to 62% while diminishing its population of voters of color.

Tarrant County House Democrats warned that federal courts had ruled that a similar attempt to redraw the district last decade was discriminatory. They offered multiple amendments to keep District 10 entirely in the county.

[…]

The House’s new map also pulls back on Hispanic and Black voters’ potential influence in electing their representatives.

The map brings the number of districts in which Hispanics make up the majority of eligible voters down from 33 to 30. The number of districts with Black residents as the majority of eligible voters would go from seven to six. Meanwhile, the number of districts with a white majority among eligible voters would increase from 83 to 89.

The map moved through the Senate chamber without any discussion, save for an earlier objection from state Sen. Eddie Lucio Jr., a Democrat from the Rio Grande Valley, during a Senate Redistricting Committee meeting Friday morning.

Lucio denounced a revision to the map that would carve up predominantly Hispanic communities in the Rio Grande Valley in service of creating a new competitive House district in the typically blue region. The change, forced by a member who does not represent the affected districts, blindsided the House members from the area.

“Members, this is my fourth redistricting session,” Lucio told other members of the committee. “In my time in the Legislature, I have never seen such blatant disregard for the process.”

Meanwhile, Republicans shot down Democratic proposals to create new opportunities for Hispanic or Black Texans to control elections.

State Rep. Todd Hunter, the Corpus Christi Republican serving as the House’s chief map-drawer, has previously argued the map “achieves fair representation for the citizens of Texas” while complying with federal law.

The redraw will ultimately aid Republicans’ ability to control the chamber for years to come.

The House map creates 85 districts that would have favored Trump at 2020 levels of support and 65 that would have voted for Biden. The current partisan breakdown of the House is 83 Republicans and 67 Democrats, though Trump only won 76 of the current districts in 2020.

See here and here for some background. The speed with which these maps have been approved is I believe one part there being basically no changes proposed in the other chamber, and one part a sense of urgency on the legislators’ part to get the hell out of town already. I can hardly blame them for that, but in the end it’s up to Greg Abbott.

On the subject of litigation over these maps, on claims of racial discrimination and voting rights violations, I remain pessimistic about the likelihood of any redress from the courts. Not because I think the maps are fair and accurately reflect the population, but because I have no expectation that this Supreme Court will countenance any voting rights claims. We could still do something about that at a federal level, but until Senators Manchin and Sinema let go of their bizarre obsession with the filibuster as it is currently defined, that ain’t going anywhere.

That said, I am reasonably optimistic about the potential for gains in the State House, if not in 2022 then in the coming years. The Chron story on the passage of these maps is a reminder of why.

The new Texas House map will protect Republican control by shedding Democratic-leaning areas where the party has lost support and moving those to blue districts while shoring up red ones.

That give-and-take is evident in west Harris County where two red districts, represented by Republican state Reps. Mike Schofield of Katy and Lacey Hull of Houston, are redrawn to include red-leaning precincts from Democratic state Rep. Jon Rosenthal’s nearby district; Rosenthal’s district will get blue-leaning areas now represented by the two Republicans.

As the state’s demographics change, however, there are only so many reliably red areas from which to pull. That meant for some districts, the best Republicans could do was make changes to benefit incumbents.

For example, the Energy Corridor district represented by state Rep. Jim Murphy, a Republican who is not seeking re-election, would give up some GOP precincts to Hull. Former President Donald Trump won Murphy’s district by 4 percentage points in 2020, but under the new map, that margin would drop to 2 points.

You’ve seen me make a version of this argument in previous posts. In the House, unlike the other maps, the Republicans were constrained by the county rule, which did not allow them to extend mostly rural districts into urban and suburban counties to dilute their Democratic communities. That forced them to draw a large number of districts with a relatively modest margin for Donald Trump, and the large majority of them are in counties where the trends have been moving strongly in a Democratic direction. Things can certainly change, and any given election can favor one party or the other, but overall that seems like a highly unstable equilibrium for the GOP.

The fourth map is of course the Congressional map. The Senate approved a map a few days ago, and the House committee approved it with no changes, as House Redistricting Chair Todd Hunter insisted that any amendments be made on the House floor. That puts them in position to be done with the entire business by the time the session ends, though I expect there to be a big fight when this map comes up for debate. The proposed map does some truly outlandish things to break up urban counties and communities of color, which I’m sure will draw a ton of heat and more threats of litigation from Dems. I expect them to get the job done, though if there are changes it will have to go back to the Senate for final approval. If it needs to go to a conference committee, that will almost surely require a fourth special session to finish it off. God help us all. Daily Kos has more.

The poisoned fruit of the anti-Critical Race Theory tree

Pass stupid, racist laws, get stupid, racist outcomes.

A top administrator with the Carroll Independent School District in Southlake advised teachers last week that if they have a book about the Holocaust in their classroom, they should also offer students access to a book from an “opposing” perspective, according to an audio recording obtained by NBC News.

Gina Peddy, the Carroll school district’s executive director of curriculum and instruction, made the comment Friday afternoon during a training session on which books teachers can have in classroom libraries. The training came four days after the Carroll school board, responding to a parent’s complaint, voted to reprimand a fourth grade teacher who had kept an anti-racism book in her classroom.

A Carroll staff member secretly recorded the Friday training and shared the audio with NBC News.

“Just try to remember the concepts of [House Bill] 3979,” Peddy said in the recording, referring to a new Texas law that requires teachers to present multiple perspectives when discussing “widely debated and currently controversial” issues. “And make sure that if you have a book on the Holocaust,” Peddy continued, “that you have one that has an opposing, that has other perspectives.”

“How do you oppose the Holocaust?” one teacher said in response.

“Believe me,” Peddy said. “That’s come up.”

Another teacher wondered aloud if she would have to pull down “Number the Stars” by Lois Lowry, or other historical novels that tell the story of the Holocaust from the perspective of victims. It’s not clear if Peddy heard the question in the commotion or if she answered.

Peddy did not respond to messages requesting comment. In a written response to a question about Peddy’s remarks, Carroll spokeswoman Karen Fitzgerald said the district is trying to help teachers comply with the new state law and an updated version that will go into effect in December, Texas Senate Bill 3.

“Our district recognizes that all Texas teachers are in a precarious position with the latest legal requirements,” Fitzgerald wrote, noting that the district’s interpretation of the new Texas law requires teachers to provide balanced perspectives not just during classroom instruction, but in the books that are available to students in class during free time. “Our purpose is to support our teachers in ensuring they have all of the professional development, resources and materials needed. Our district has not and will not mandate books be removed nor will we mandate that classroom libraries be unavailable.”

[…]

The debate in Southlake over which books should be allowed in schools is part of a broader national movement led by parents opposed to lessons on racism, history and LGBTQ issues that some conservatives have falsely branded as critical race theory. A group of Southlake parents has been fighting for more than a year to block new diversity and inclusion programs at Carroll, one of the top-ranked school districts in Texas.

Late last year, one of those parents complained when her daughter brought home a copy of “This Book Is Anti-Racist” by Tiffany Jewell from her fourth grade teacher’s class library. The mother also complained about how the teacher responded to her concerns.

Carroll administrators investigated and decided against disciplining the teacher. But last week, on Oct. 4, the Carroll school board voted 3-2 to overturn the district’s decision and formally reprimanded the teacher, setting off unease among Carroll teachers who said they fear the board won’t protect them if a parent complains about a book in their class.

Teachers grew more concerned last Thursday, Oct. 7, when Carroll administrators sent an email directing them to close their classroom libraries “until they can be vetted by the teacher.” Another email sent to teachers that day included a rubric that asked them to grade books based on whether they provide multiple perspectives and to set aside any that present singular, dominant narratives “in such a way that it … may be considered offensive.”

You can click over to see that rubric for what books are “good” and “bad”; it’s every bit as ridiculous and impenetrable as you think. It’s grimly amusing to see Republican legislators defend their stupid bill, in the story and on Twitter. They’re out there pleading “this isn’t what the bill says”, but what they really mean is “just teach what we agree with or else”. That was clear from the beginning, and the backtracking now is just to deflect blame.

The Trib came in a couple of days later with more on this.

The Texas law states a teacher cannot “require or make part of a course” a series of race-related concepts, including the ideas that “one race or sex is inherently superior to another race or sex,” or that someone is “inherently racist, sexist, or oppressive” based on their race or sex.

Since Texas Gov. Greg Abbott signed the anti-critical race theory bill into law June 15, reports of schools struggling to comply with it have surfaced, most notably in Southlake.

[…]

After news surfaced this week about Southlake’s Holocaust guidance to teachers, state Sen. José Menéndez, D-San Antonio, wrote a letter Thursday to Mike Morath, the Texas Education Agency commissioner, requesting a review of how school districts are implementing the law to “refute hateful and racist rhetoric in our Texas public schools.”

“When this bill passed legislators warned that racist attacks would occur. It is our job to take every step possible to ensure an open and diverse forum, without subjecting our children to racism and hateful rhetoric,” Menéndez wrote.

State Sen. Kelly Hancock, R-North Richland Hills, tweeted Thursday simply that “Southlake just got it wrong.”

He added, “School administrators should know the difference between factual historical events and fiction. … No legislation is suggesting the action this administrator is promoting.”

Paul Tapp, attorney with the Association of Texas Professional Educators, said his organization has received questions from teachers because they don’t know what they can teach. A biology teacher asked if they should give equal time to creationism and evolution.

“These are two good examples of what the dangers of this kind of law are,” Tapp said. “The point of public education is to introduce the world to students. It’s not there to protect students from the world.”

[…]

Following the Legislature’s intent may get even more complicated for schools, teachers and parents in the coming months. This December, Senate Bill 3, authored by state Sen. Bryan Hughes, R-Mineola, and passed in the state’s second special session in August, will place more restrictions on a school’s curriculum.

SB 3 says that at least one teacher and one campus administrator at each school must undergo a civics training program. Also, it says teachers cannot be forced to discuss current controversial topics in the classroom, regardless of whether in a social studies class or not. If they do, they must not show any political bias, the law says.

“What I would hope most of all is that school districts will actually read the law, and apply the law as written and not go beyond what the law actually requires them to do,” Tapp said. “As soon as I read the bills, I expected that this would be the result of it, and I don’t think we’ve heard the last of it.”

I agree, it’s just the beginning. I would point out that bills like this were in response to things like the 1619 Project, which was all about correcting historical fictions and untruths, and yet would very much get any teacher who used it in a classroom in trouble. That’s the whole reason for these laws. I guarantee we’re going to see a lot more of this kind of thing, especially in wealthy and historically conservative but now changing suburbs like Southlake and Katy, and it will be every bit as stupid and alienating and racist each time. If it hasn’t happened at a school near you yet, just wait. Slate has more.

House passes anti-trans sports bill

Disgraceful.

The Texas House approved legislation on Thursday that would restrict transgender student athlete participation in school sports, clearing a notable hurdle for supporters of the measure after similar legislation sailed through the Senate and stalled in the House three times prior this year.

House Bill 25, authored by state Rep. Valoree Swanson, R-Spring, passed with a 76-54 vote. Before Thursday’s vote, House Speaker Dade Phelan signaled that the House would have enough votes to pass the restrictive sports legislation. The bill will now head to the Senate, where it is expected to pass.

Under HB 25, student athletes in K-12 public schools would be required to compete on sports teams that correspond with the sex listed on their birth certificate received at or near the time of their birth. The legislation singles out transgender children who would be prohibited from participating on sports teams that match their gender identity.

HB 25 would not allow recognition of these legally modified birth certificates unless changes were made because of a clerical error. It’s not clear though how it will be determined if a birth certificate has been legally modified or not. According to the UIL, the process for checking student birth certificates is left up to schools and districts, not the UIL.

Transgender advocates and parents of transgender children have argued HB 25 unfairly targets children who may see sports as a refuge. And they note that bills such as HB 25 and others that have targeted transgender children this year — such as legislation that limits gender-affirming care — have already inflicted a mental toll on youth and families.

See here and here for the background. I don’t have anything new to say. This is an atrocity, it has already done a great deal of harm, and the most likely outcome, at least in the foreseeable future, is for athletes who are biologically female but who don’t look feminine enough to be harassed about their appearance. I am still waiting for the NCAA to follow through on its threatened actions, if only to serve as a reminder that this sort of crap does have some consequences. The Chron, The 19th, and Mandy Giles have more.

House approves its map

We’re getting close to the finish line.

Donuts – they’re not just for breakfast anymore

The Texas House on Wednesday approved proposed political boundaries for the lower chamber’s 150 districts that aim to fortify Republicans’ strength in the state House for the next decade.

House Bill 1, authored by state Rep. Todd Hunter, a Corpus Christi Republican who chairs the lower chamber’s redistricting committee, will now head to the Senate for consideration.

The House’s 83-63 vote comes as the Legislature rounds out its third special session of the year, an up to 30-day stretch ordered by Gov. Greg Abbott that has focused on redrawing the state’s congressionalSenate, House and State Board of Education maps based on the latest census data. Those numbers, which were delayed largely because of the pandemic, showed that people of color fueled 95% of the state’s population growth over the past decade.

Despite those growth trends, the number of districts in which white people make up the majority of eligible voters ​would increase from 83 to 89 in the new map. Meanwhile, the number of districts with a Hispanic majority among eligible voters would drop from 33 to 30, while the number of districts with Black residents as the majority of eligible voters would go from seven to six. Those numbers are based on census estimates of the number of citizens in each district who are of the voting age.

The new map includes 85 districts that would have voted for Donald Trump in the 2020 presidential election and 65 that would have voted for Joe Biden. That’s one less Trump district than was originally proposed in the House late last month. The current partisan breakdown of the House is 83 Republicans and 67 Democrats, though Trump only won 76 of the current House districts in 2020.

The special session is slated to end Oct. 19, which means lawmakers have a week left to hash out differences over those maps and other items included on the agenda set by Abbott.

See here for the background, and here for the map. This Trib story goes in deeper about that weird donut job in Bell County. At this point, the Lege might actually finish off their business in time to prevent the need for a third session, given that all they need to do is approve the other chambers’ maps. I would think that the SBOE and legislative maps would likely be easy enough for them, but maybe the Congressional map might get worked over in the House. Map drawing is a time honored way for ambitious legislators to find themselves a Congressional district to run in, after all. Or maybe they’re all sick of being in Austin and don’t have any desire to quarrel over small changes that favor one person over another. I thought it would take them longer to get this far, so who knows.

I mentioned before that the Heights was largely reunited under this new plan, all in HD145. There’s still a split in the Senate, with most of the Heights in SD15 but the eastern end in SD06. The main way that this reunification could occur was by radically moving HD148.

State Rep. Penny Morales Shaw, D-Houston, also opposed changes to her new district that she said leaves her with just a third of her current constituency.

Under the proposed map, Morales Shaw’s district would be shifted completely outside Loop 610, losing the Heights and Near Northside, most of which would be moved into state Rep. Christina Morales’ district. Morales Shaw’s District 148 would be expanded past Beltway 8 into northwest Harris County, taking in parts of Jersey Village and nearby suburbs, while cutting into area now represented by at least five other members.

The district’s Hispanic citizen voting-age population would decrease from 46 percent to 37 percent, and Morales Shaw said the residents that would be moved to other districts are from high-turnout communities.

“Chairman, from your knowledge, would you agree this dismantling and remaking of 148 is one of the most egregious examples that you’ve seen of retrogression in the Texas redistricting map?” Morales Shaw asked [State Rep. Rafael] Anchía during a round of questioning that seemed aimed at creating a record for a future lawsuit.

Anchía said District 148 is protected under Section II of the Voting Rights Act, which prevents discrimination against minorities during the political mapmaking process, “and to dismantle a protected district like that is one of the more problematic data points in the underlying map.”

Zoom in on that map and see for yourself. You know I’m pessimistic about any prospects for litigation, but that doesn’t mean we shouldn’t try.

UPDATE: Reform Austin has some more details about the latest map.

Senate passes Congressional map

Start the litigation countdown. Yes, I know, this still has to pass the House, but still.

The Texas Senate approved a map Friday that would largely protect incumbents in Congress while reducing the number of districts in which Black and Hispanic residents make up the majority of eligible voters — stymieing the growth of the state’s Democratic Party representation in Washington, D.C.

The congressional map is focused more on protecting incumbents than on growing the power of the dominant Republican Party in the state by flipping districts from blue to red. But the map, proposed by GOP state Sen. Joan Huffman of Houston, helps Republicans by increasing the number of districts that would have voted for Donald Trump in the 2020 presidential election and decreasing those that would have gone for Joe Biden.

In anticipation of federal challenges to the map, Lt. Gov. Dan Patrick, a Republican who presides over the Senate, said in a statement Friday that the proposal approved by the chamber was “legal and fair” and represented a “commitment to making sure every Texan’s voice is heard in Washington, D.C.”

[…]

State Sen. Roland Gutierrez, D-San Antonio, proposed a map that would create three additional districts where Hispanics made up the majority, bringing the number of those districts to 10.

But Republicans rejected the proposal, with Huffman saying the amendment had been drafted less than 24 hours before the Senate’s vote on the maps and would result in a “detailed and painstaking racial gerrymander” in North Texas to draw a new Hispanic-majority district in the same area as the current Congressional District 33, represented by U.S. Rep. Marc Veasey, D-Fort Worth.

Gutierrez accused Republicans of racially discriminating against voters of color.

“How else do we describe a situation where Texas gains new political power because of the physical presence of millions of Black, Brown, and Asian bodies, and yet the political establishment does not give those very Texans the ability to elect more candidates to represent them?” he said in a statement. “It is an insult to the foundations of our democracy.”

Under the proposed maps, voters of color may end up with less representation in the congressional delegation. The new map drops the number of districts in which Hispanics make up a majority of eligible voters from eight to seven, and the districts in which Black Texans make up a majority of eligible voters from one to zero.

The number of districts where whites make up a majority of eligible voters goes up to 23 although the state’s white population — which increased by just 187,252 — was swamped by the growth of people of color.

See here for more on the initial map, which looks to be largely the same as the final map. Which we know is totally fair and representative because Dan Patrick says it is. The House will likely make some changes, but it seems unlikely to be substantively different. I’ll say this much, they’ve given Harris County Democrats a new district to target, and I feel confident that any Republican who wins the new CD38 is never going to get a free pass. I’ll be interested to see who files for this on the Democratic side.

As for the coming litigation, the arguments are clear, it’s just a matter of what SCOTUS will allow in the post-Voting Rights Act world that it wants. I will say again, it’s not too late for a new Voting Rights Act to be passed. We’re going to need an upgrade in the US Senate to make that happen, I fear.

Speaking of litigation, I would love to know what the status of the Gutierrez/Eckhardt lawsuit is. That had to do with the legislative maps, not the Congressional map, but given the speed with which those maps are moving along, we will be reaching a point of no return soon. Let’s at least have a hearing on this one before events make it moot, OK?

UPDATE: I should have spent more time looking at the District Viewer, because I have just now realized that this map moves me out of CD18, where I’ve been for 30 years, and into CD29. I feel a little weird about that.

House committee advances anti-trans sports bill

They finally found a path to pass it. They sure put plenty of energy into it.

A Texas bill prohibiting transgender student athletes from joining school sports teams aligned with their gender identity is heading to the full Texas House, where it is likely to pass, following a House committee’s approval Wednesday.

After more than eight hours of emotional testimony, the House Select Committee on Constitutional Rights and Remedies voted 8-4 along party lines to advance House Bill 25. The legislation, authored by state Rep. Valoree Swanson, R-Spring, would restrict student athletes at public schools to playing on sports teams that correspond with the sex listed on their birth certificate at or near their time of birth.

Lawmakers’ attempts to enshrine such restrictions into law have failed three previous times this year. But Wednesday’s committee vote helped the legislation clear a key hurdle that increases its likelihood of becoming law this time.

[…]

During multiple legislative sessions this year, the Texas Legislature has introduced other bills targeting transgender youth, such as legislation that would limit gender-affirming care for children and classifying the care as child abuse.

The legislation advanced Wednesday is similar to Senate Bill 3, which passed in the Senate. But the upper chamber’s bill was assigned to the House Public Education Committee, in which legislators have yet to hold a hearing on the bill.

During the regular legislative session, that education committee passed legislation targeting transgender youth participation in sports, but it died in the full House after it failed to meet a key deadline. In a subsequent special session, a Democratic walkout prevented the House from even taking up legislation. And during the second special session, state Rep. Harold Dutton, D-Houston, chair of the House Public Education Committee, blocked legislation from moving to the House floor.

With HB 25 advanced by the Select Committee on Constitutional Rights and Remedies, it now heads to the full chamber. House Speaker Dade Phelan has said that the House would have enough votes to pass the legislation. More than half of House members have signed on as coauthors of similar legislation introduced in previous sessions. If the bill passes the lower chamber, it will then head to the Senate, which is likely to approve it.

[…]

Business leaders have also been critical of anti-LGBTQ legislation. René Lara, legislative director for Texas AFL-CIO, testified against HB 25, saying the legislature is not prioritizing more important matters such as labor shortage complaints stemming from the pandemic.

Texas Competes, a coalition of almost 1,500 business organizations, re-released an open letter this week saying that it was against legislation that targets the LGBTQ community. About 70 major employers signed on to the letter, including Amazon, Dell Technologies and Microsoft.

Jessica Shortall, managing director of Texas Competes, said some companies are concerned that legislation targeting LGBTQ Texans presents the state as unwelcoming to potential residents.

“We have folks that are really concerned about young talent — millennial and zoomer talent — who [are] overwhelmingly supportive, much more even than their older peers, of LGBTQ people,” Shortall said in an interview.

See here for the last update, and here for a long Twitter thread by Jessica Shortall, who was at the hearing. I’m old enough to remember when the NCAA threatened to pull sporting events from states like Texas that passed anti-trans legislation. I hope they can remember that far back, too. In the meantime, I don’t see anything that will stop this from passing. My heart is with all the children and their families who are being harmed by this legislative malevolence. The Chron has more.

House committee advances revised map

More changes sure to come.

Donuts – they’re not just for breakfast anymore

A Texas House committee on Tuesday voted out a revised draft to redraw the lower chamber’s districts, which will give Republicans stronger positioning in the House of the Legislature for the next decade. The committee vote puts the proposal on track to hit the House floor for debate in the coming days.

House Bill 1 by state Rep. Todd Hunter, the Corpus Christi Republican who chairs the House Redistricting Committee, was changed by lawmakers on the committee during a marathon 16-hour hearing that began Monday morning before it was approved Tuesday along a party line vote.

The hearing, which featured hours of public testimony on the proposal and pushback from Democrats that the draft dilutes voting strength of voters of color, lasted into early Tuesday morning before Hunter recessed the committee until that afternoon. The move, he said, would help give committee members time to review changes before they voted on it.

[…]

The revised HB 1 does not vary drastically from the initial version Hunter filed last week — the draft still aims to increase the GOP’s strength across the state as well as the number of districts in which white residents make up a majority of eligible voters. The latest draft changes the partisan breakdown between the chamber’s 150 districts by adding one district that would lean toward Democrats while still giving Republicans the clear advantage.

Among the changes made to HB 1 ahead of Tuesday’s vote was an amendment by state Rep. Craig Goldman, R-Fort Worth, that redraws Collin County. The change includes turning House District 70 — currently held by state Rep. Scott Sanford, a McKinney Republican who is not seeking reelection — into a Democratic-leaning district.

Another amendment by state Rep. Jacey Jetton, R-Richmond, reconfigures Bell County, which Democrats on the committee argued would split up the Black population in the city of Killeen, where Black residents make up 40% of the population.

[…]

One of the more tense moments during Monday’s hearing came early Tuesday morning when an amendment that would have changed House districts in three counties along the Texas-Mexico border failed along a party line vote. State Rep. Ryan Guillen, a Rio Grande City Democrat who authored the amendment, said that the tweak had been approved by the delegation from the Valley area and would not have impacted other districts. Still, some Republicans on the committee objected to the proposed change.

Another amendment, by state Rep. Rafael Anchía, D-Dallas, would have increased the number of majority Hispanic districts compared to Hunter’s proposal. It also failed along a party line vote.

Anchía said he filed it to “literally [demonstrate] just how far the proposed map fails to allow Latino representation of communities of interest in this state,” adding that his amendment would have achieved “a more representative map across the board, regardless of incumbency.”

As the hearing kicked off Monday, Hunter pushed back against reports that the House proposal reduced the number of majority Black and Hispanic districts based on eligible voters.

See here for the background. I couldn’t find an image that someone else had posted of the new map, so just look at it here, and the full data set here. I don’t have much else to offer on this for now, so let me once again quote Scott Braddock:

Sure says a lot.

Senate approves its map

They wasted no time, which is another way of saying that they didn’t bother giving anyone else much time to provide input or feedback.

Definitely protecting herself

The Texas Senate has approved a new political map for its own members that would entrench Republican dominance in the chamber for the next 10 years, even as Democrats argued the changes do not reflect the interests of people of color in the state who have fueled Texas’ growth over the last decade.

The proposal, put forth by state Sen. Joan Huffman, R-Houston, was approved late Monday by a vote of 20-11 and would draw safe districts for GOP incumbents who were facing competitive races as their districts diversified in recent years and started voting for more Democrats.

Sixteen Republican incumbents would be drawn into safe districts for reelection, while two Senate seats being vacated by Republicans would almost certainly go to new GOP candidates over Democrats next year based on the percentage of voters in the district who voted for Donald Trump over Joe Biden in last year’s presidential race.

At the same time, Huffman’s proposal added no additional districts where people of color would represent a majority of the district’s eligible voters, even as Black, Hispanic and Asian Texans drove 95% of the state’s growth since the last census. Hispanics, in particular, were responsible for half of the increase of nearly 4 million people in the state’s population and now nearly match the number of white Texans in the state.

The state currently has 21 districts where the majority of eligible voters are white, seven with Hispanic majorities, one where Black residents are in the majority and two where no racial group makes up more than half of the total.

“The maps that are being proposed are not an accurate reflection of the growth of Texas,” said Sen. José Menéndez, D-San Antonio, who leads the Senate Hispanic Caucus. “Without any changes to this current map, the state of Texas could potentially go 30 years, think about that, three decades, without having added a Hispanic or Latino opportunity district.”

Menéndez proposed a map that he crafted with civil rights organizations to add one district in North Texas where Hispanics would make up the majority of eligible voters and be poised to select their preferred candidate. Hispanics are now the largest ethnic group in Dallas County. That proposal was rejected.

Upon pushback from Democratic senators, Huffman insisted that she’d drawn the maps “blind to race.”

“I have followed the law, I have drawn blind to race, I believe the maps I’ve drawn are compliant under the Voting Rights Act,” she said.

See here and here for the background. I’m sure Sen. Huffman would like you to believe what she said – she may even believe it herself – but the odds that one could reduce the number of Hispanic opportunity districts after a decade in which half the population growth was driven by that community without having a clear idea of what one was doing and why are just really small. If there’s one thing I trust about the Republicans in this process, it’s that they know what they’re doing. They might be blinkered by longer-term demographic changes – the 2011 map was supposed to be a 20-11 Republican map, as this one is supposed to be 19-12 – but there’s nothing blind about their actions. Their eyes are wide open.

Speaking of 20-11:

As Braddock notes elsewhere, redistricting is first and foremost “every person for themselves”, and the votes surely reflect that. There could have been a more aggressive gerrymander that might have made life more difficult for one of those three Democrats, but there wasn’t. And since this was going to pass anyway, this is what happens. The SBOE map was also approved by the Senate, with everyone paying about as much attention to it as I had expected. Both go to the House now, which is working on its own map.

The Senate returns to its usual crap

What an absolute disaster our state’s upper chamber is.

The Texas Senate began work Monday on two Republican voting bills that have uncertain futures — one raising criminal penalties for illegal voting and another that got a recent boost from former President Donald Trump because it would allow for audits of 2020 general election results.

Senate Bill 47 by Sen. Paul Bettencourt, R-Houston, would let state and county leaders of the two major political parties pursue audits of 2020 election results in individual counties. SB 47 also would let candidates and party officials demand audits to confirm the results of future elections.

The bill, however, is not eligible for passage because it is not reflected in the special session agenda as set by Gov. Greg Abbott, the only person with the power to call the Legislature into special session and set its agenda.

Abbott has not indicated whether he will add the topic to the session’s to-do list.

And then there’s SB 9, which would make certain types of illegal voting a felony again after the Legislature knocked the offenses down to a misdemeanor in the previous special session.

Abbott added the issue to the special session Thursday, saying the lighter penalties — changed by a House amendment in the closing days of the second special session — sent the wrong message about the state’s commitment to election integrity.

Abbott’s request, however, was snubbed by House Speaker Dade Phelan, R-Beaumont, who said House members won’t undo their “thoughtful amendments” and will instead focus on redistricting with little more than two weeks remaining in the third special session.

See here for more about the fruadit, which Bettencourt’s bill would enshrine into law as a permanent source of chaos and disinformation. Both bills were voted out of committee and have now been approved by the full Senate. In theory, neither of these will get anywhere – there’s no agenda item for a fraudit bill, and Speaker Phelan has pooped on the double-secret-illegal-voting bill – but that relies on a higher level of trust in Republican actions than I’m comfortable with. Just get these sessions over with already.