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September 1st, 2022:

Harris County officially gets its $750 million from the GLO

With hopefully more to come, as well as something for Houston.

Harris County Commissioners Court unanimously approved an agreement Wednesday with the Texas General Land Office to receive $750 million in federal flood mitigation funding, and called on the agency for an additional $250 million the county had expected to receive.

The funding from the Texas General Land Office — the state agency charged with distributing Hurricane Harvey relief from the U.S. Department of Housing and Urban Development — comes more than a year after the GLO awarded the county and the city of Houston zero dollars in its first round of grants even though the area accounted for half the damage from Hurricane Harvey.

The county last year revealed a $1.4 billion gap in funding to supplement the $2.5 billion flood bond approved by voters in 2018. County officials attributed the shortfall to expected funding from state and local partners that had not materialized.

The new funding from GLO will help narrow that gap, which now is down to $400 million, according to Harris County Budget Director Daniel Ramos. However, Ramos said the county’s plans were based on the assumption it would receive $1 billion from the GLO.

“We’re building billions of dollars worth of new infrastructure and it costs money to maintain it,” Ramos said.

County officials said they will continue negotiating with the GLO for the remainder of the money they expected.

[…]

Harris County Judge Lina Hidalgo called the $750 million allocation good news, but not enough.

“When the bond was passed, it didn’t account for increases in cost,” Hidalgo said. “It didn’t account for increases in maintenance costs. So, we need additional funds to make sure we can complete everything.”

See here for the previous update. As noted in the Tuesday preview story, this is the same $750 million that the GLO offered to Harris County after initially allocating zero to both Harris and Houston. Houston is still getting a goose egg – to their credit, all of the Commissioners spoke about the need for Houston to get what it’s due, about $1 billion – but there is still money to be disbursed, and there is still that HUD finding that the GLO used a discriminatory process to screw the city. I don’t know when the next appropriations are to be made, but if we’re very lucky Jay Kleberg will be in charge of the process by then.

Another lawsuit over Uvalde public information

This all really is ridiculous.

The Texas Tribune, along with a group of other news organizations, filed a lawsuit Monday against the city of Uvalde, the Uvalde County Sheriff’s Office and the Uvalde Consolidated Independent School District asking a judge to order the release of records related to the May 24 shooting at Robb Elementary School.

The lawsuit states that the local entities have unlawfully withheld information detailing the actions of their dozens of law enforcement officers who responded to the massacre, which the news organizations requested under the Texas Public Information Act. These records include 911 calls, radio traffic, officer body camera footage, police reports, training materials and school surveillance footage.

“For more than three months, the City of Uvalde, Uvalde CISD and Uvalde Sheriff’s Office have resisted the community’s calls for transparency and accountability,” said Laura Lee Prather, a First Amendment lawyer at Haynes Boone who represents the plaintiffs. “Their obfuscation has only prolonged the pain and grief of this tragedy. Today we are asking the Uvalde District Court to heed the call of the community and recognize that the public is entitled to these records under Texas law. We ask that the court grant our petition so that the people of Uvalde can understand the truth about what happened that fateful day.”

[…]

The Tribune and other news organizations also previously filed suit against the Department of Public Safety over its refusal to release records related to the shooting. The agency’s director publicly pinned much of the blame for the flawed police response on the Uvalde school district police chief, though DPS has repeatedly declined to detail the actions of most of its 91 officers who were on the scene.

The city, county and school district have sought permission from the state’s attorney general to withhold information requested by the news organizations. Under the state’s public records law, documents can be exempted from public disclosure in certain circumstances. The lawsuit states that even after the attorney general informed the city of Uvalde that it could not withhold some documents sought by journalists, the city has yet to release them.

Other news outlets that joined Monday’s lawsuit include ProPublica, The New York Times Co., The Washington Post, Gannett, NBC News, ABC News, CBS News and Dow Jones & Co.

See here for some background on the previous lawsuit against DPS. That one was filed in Travis County, this one in Uvalde County. DPS had also been sued by State Sen. Roland Gutierrez, but it was dismissed for not having been filed correctly. I’m about as unsympathetic to the claims of whatever secrecy these entities have made, and even more so for their lack of action where they don’t even have that excuse. The public deserves to know, and these entities are just covering their asses. It’s long past time for us all to find out more about what happened.

Pension reform law reinstated by appeals court

A win for the city.

Mayor Sylvester Turner

A state appeals court on Tuesday tossed out a ruling that jeopardized part of Houston’s pension reform plan, reversing a victory the firefighters’ pension board had scored in late 2020.

The Houston Firefighters’ Relief and Retirement Fund had argued that legislation passed in 2017 as part of Mayor Sylvester Turner’s pension reform package prevented the board from determining “sound actuarial assumptions” — projections of future pension costs and benefits — by itself, which it said violated the Texas Constitution.

Texas’ 1st Court of Appeals ruled Tuesday that the Constitution does not give the board an exclusive right to determine those assumptions, upholding the law.

[…]

The dispute involves Turner’s landmark pension reform legislation passed in 2017. Among other things, the legislation affected how much money the city contributes to the police, fire and municipal pension funds each year. The changes to that part of the law dictated some of the actuarial assumptions that must be used in that calculation, including a 7 percent assumed rate of return on investments. It also set a process for determining the rate when the pension board and the city actuaries offered differing proposals.

The board, though, argued that the Texas Constitution gives it “exclusive authority” to choose actuarial assumptions, and therefore the new law violated the Constitution by giving the city a role in that process. The Constitution says pension systems “shall… select… an actuary and adopt sound actuarial assumptions to be used by the system or program.”

In Tuesday’s ruling, Justice Richard Hightower said that is not the case. The ruling marks the second time the challenged provision has been upheld by appeals courts.

“(T)he word ‘shall’ does not, by itself, mean or imply ‘exclusive authority,’” Hightower wrote. “The commonly understood meaning of ‘shall’ does not imply that the party with a duty to perform — who ‘shall’ perform — does so exclusively or that the duty cannot be regulated.”

See here for the previous update, and here for the opinion. Given that it apparently turns on the definition of “shall”, I did not read it, on the expectation that my eyes might permanently glaze over. The firefighters have vowed to appeal to the Supreme Court. Given that it took almost two years to get an opinion on the previous appeal, you can guess for yourself how long it will likely be before the next update.

Texas blog roundup for the week of August 29

Yeah, we’re going to squeeze one more reference to “no confidential information in the Texas Progressive Alliance weekly roundup” before we (maybe) move on to another intro topic.

(more…)

People who live in crime-filled houses should not throw stones

Local idiot megachurch pastor Ed Young recently said some typically ignorant and politically-charged things, which has people justifiably upset. Not the first time for him, either. I have better things to do than think about Ed Young, so let me just note one thing from that story:

Young, a former president of the Southern Baptist Convention, leads one of the country’s biggest churches, touting a membership of 80,000 across several locations as of 2019. His congregants include Lt. Gov. Dan Patrick and other Texas lawmakers.

Former President of the Southern Baptist Convention, you say? Where have I seen that name in the very recent news?

Federal investigators are probing the Southern Baptist Convention over its handling of sexual abuse following the publication of an explosive report that found top officials had for two decades silenced abuse survivors and fought reforms out of fears of lawsuits, leaders of the nation’s second-largest faith group said on Friday.

In a statement, the SBC’s top leadership body, the Executive Committee, confirmed that the Department of Justice is looking into “multiple” Southern Baptist entities.

The statement was signed by all of the leaders of the SBC’s seminaries and main entities. They said they will cooperate fully with the criminal investigation and “continue to grieve and lament past mistakes.”

[…]

The SBC’s handling of abuse has been in the public spotlight since 2019, when the Houston Chronicle and San Antonio Express-News published the first of an ongoing series, Abuse of Faith, that found hundreds of church leaders and volunteers had been convicted of sex crimes.

They left behind at least 700 victims, nearly all of them children.

The newspapers’ reporting prompted Southern Baptist church members to request a third-party review last year of the SBC’s Executive Committee’s handling of abuse reports dating back to 2000.

Clean up your own fucking house, Ed. You have zero moral authority over anyone.

(I’d also tell you to get your facts straight, but I know you don’t care.)