Off the Kuff Rotating Header Image

September 20th, 2019:

Tropical Storm Imelda

That escalated very quickly.

Heavy rainfall from now-downgraded Imelda continued to wreak havoc Thursday for much of southeast Texas, where officials were dealing with impassable roadways, downed trees, power outages, hundreds of high-water rescues, fast-rising water and in one small town, a hospital evacuation.

At least one death has been linked to the storm. A man in Jefferson County was electrocuted and drowned while trying to move his horse, according to authorities there.

Houston Mayor Sylvester Turner said during a Thursday afternoon press conference that there have been no reported fatalities in the city, though the Houston Fire Department is responding to double its normal call volume.

Turner later added that the intensity of Thursday’s storm wasn’t anticipated after the tropical depression on Wednesday appeared to migrate east.

“This happened very quickly,” he said. “But it’s just demonstrating that in this day and time, climate change is real. And we no longer have to be concerned just with a hurricane. We have to be concerned with almost any sort of weather system that can quickly evolve into a major storm and produce a great deal of rain.”

In Galveston County, heavy rains pummeled the already saturated island community Thursday, with over 15 inches recorded at Scholes Field since Imelda made landfall, according to the National Weather Service. Another round of storms could develop over Galveston overnight, and a flash flood watch will continue to be in effect into Friday morning.

In Bolivar, water restrictions are in place after the peninsula’s water treatment facility, located in Winnie, went offline after storms pummeled the Chambers County community. It is unclear when the plant will be back up and running. Officials said there should be enough water stored to last residents for the next two days.

Towns east of Houston like Winnie and Beaumont really got slammed. When you see the words “worse than Harvey” being used to describe the damage in Winnie, you know it was truly bad. Houston became a traffic nightmare, but we’re used to that. The irony is that lots of people stayed home on Wednesday because that was supposed to be that big rain day here. It wasn’t, and so no one saw Thursday’s deluge coming. I know I got stuck at work thanks to I-10 being closed at 610. But we’re all still in better shape than the folks east of here. A disaster has been declared for multiple counties, and they’re going to need all the help they can get. I don’t know offhand what the best way to give to relief efforts is yet, but I’ll post an update when I find something. Stay dry, y’all. Space City Weather has more.

Quorum question

Who knew?

A quirk in Texas law could allow the two Republicans on Harris County Commissioners Court, despite being in the minority, to prevent the three Democrats from enacting a proposed property tax increase.

Typically, three court members constitute a quorum, the minimum number needed to conduct business. The Texas Government Code, however, requires four members be present to vote on levying a tax.

That exception affords rare power to Republican commissioners Steve Radack and Jack Cagle, who have been steamrolled on 3-2 votes on enacting bail reform, appointing a judge and a resolution on gun violence.

The pair simply would need to skip a tax hike vote to prevent the three Democrats from passing it, First Assistant County Attorney Robert Soard said. The trio on Sept. 10 proposed raising the overall property tax rate 2.26 cents per $100 of assessed value. The existing rate is 63 cents per $100 of assessed value.

“We don’t know how exactly it would play out,” Soard said. “But if there are not four members present, Commissioners Court can’t vote on a tax increase.”

A final vote is scheduled for Oct. 8, and the deadline to set the county tax rates is Oct. 11, leaving the Democrats with little margin for error. Commissioners Court has scheduled public hearings on the proposal on Sept. 20 and Sept. 24.

Radack pointed out that he has not missed a meeting in more than five years, and said Oct. 8’s session is marked on his calendar.

Cagle, through a spokesman, said he has made a decision on the issue but does not want to share his strategy publicly. Cagle proposed a compromise at the Sept. 11 meeting, only increasing the flood control district rate, but his motion was defeated on a party-line vote.

[…]

The proposed property tax increase, which would be the first increase since 1996, would collect more than $200 million in additional revenue over the current rate. Hidalgo said the measure is necessary to ensure the county can continue to pay for services, including billion in flood control projects, after the revenue cap passed by the Legislature takes effect next year.

That cap limits year-over-year growth of city and county revenue to 3.5 percent, down from a previous ceiling of 8 percent. Revenue increases above that threshold would need voter approval.

The county budget office estimates the average Harris County homeowner’s tax bill would increase by $38, based on a home valued around $230,000.

You have to love an anti-majoritarian law. I had no idea this existed, but I can’t say I’m surprised. Let’s please dispense with this nonsense about Radack and Cagle being “steamrolled”, however. They’re on the losing end of majority votes. That’s how this is supposed to work.

The story notes that Rodney Ellis participated in a big quorum break in 2003, while he was in the State Senate and was trying to hold off the Tom DeLay re-redistricting effort. The Senate quorum-busting, which lasted for weeks while Ellis and his Democratic colleagues holed up in New Mexico, followed a similar effort by 51 Democrats in the House. This is fair to bring up. I will note that in these cases, the threshold for a quorum in each chamber was set by the rules they adopted at the beginning of the session, not by state law, and that one of the things that happened as a result of all this was that the quorum rules were changed to make this kind of exercise futile. Also, the reason that Ellis and others fled the state is because the DPS is authorized to round up wayward members and drag them back into the chamber for the vote they’re trying to scuttle. Whether the DPS has the power to place quorum-busting legislators under arrest was unsettled the last time I checked on it, but I feel confident saying that if Radack and Cagle try this, they will not be hauled back downtown in handcuffs by Sheriff’s deputies.

As to the matter of the tax rate increase itself, this is something that Judge Hidalgo and Commissioners Ellis and Garcia think is necessary to enable the county to pay for the things it needs to do, including flood mitigation. They are concerned that thanks to the revenue cap provision of HB3, the county will be hamstrung going forward, forced to implement rate cuts because the county’s growth has been too fast for the law, so they’re taking action to mitigate against that now. You can certainly disagree with that, and you can express that at the next Commissioners Court meeting and at the ballot box. I’d just note that if the Legislature had left the county to its own devices, this wouldn’t be happening now.

Texas Central signs a manufacturing deal

For your information.

The bullet train planned between Houston and Dallas has a builder.

Texas Central, the private company developing the Texas Bullet Train, announced Friday morning it signed a deal with Salini Impregilo, the Italian construction giant, and its American subsidiary, Lane Construction.

“This agreement brings us one step closer to beginning construction of the civil infrastructure segments of the project,” said Texas Central CEO Carlos F. Aguilar, in a statement.

The deal is valued at $14 billion and includes final engineering and design of the 240-mile high-speed rail line and construction of the route, mostly along a utility corridor between the two metro regions.

The full press release is here. Texas Central achieved another milestone a few days earlier.

The Federal Railway Administration granted the Rule of Particular Applicability—or RPA—to Texas Central on Sept. 4 regarding the high-speed rail project slated to connect Dallas and Houston, according to a Sept. 4 press release from Texas Central.

This means the high-speed rail project is on track for both FRA actions—the RPA and the environmental permit—to be completed in 2020 with financial close and construction quickly following, according to the release.

RPAs are regulations that apply to a specific railroad or a specific type of operation to ensure a project’s safety, according to FRA information. This action, along with an environmental permit, is required before the project can be implemented.

“The FRA’s action on the Rule of Particular Applicability marks a major milestone in our quest to bring a transformative mobility solution, while minimizing impact on the environment and land use, as opposed to other options,” Texas Central CEO Carlos Aguilar said in the release. “We will meet or exceed all requirements the FRA mandates, to ensure we have the safest high-speed rail system in the world.”

Here’s a longer version of the story. The Environmental Impact Statement is as always the big hurdle to clear. If they’re on pace for that, then we really will see actual construction begin. I’ll be looking for it.