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Ana Hernandez

EPA to investigate TCEQ over concrete plant permits

Well, this ought to be interesting.

The Texas Commission on Environmental Quality is the subject of an investigation by the Environmental Protection Agency following complaints that the state agency violated civil rights laws in its permitting of concrete batch plants.

The Harris County Attorney and Lone Star Legal Aid, a nonprofit law group, alleged that the state environmental agency discriminated against racial and ethnic minorities and those with limited English proficiency through a revised permitting process to build new concrete batch plants.

Their complaints, filed with the EPA earlier this year, said TCEQ failed to provide information in Spanish and insufficiently protected communities of color who live in areas where concrete facilities are predominantly located.

The concrete plants are subject to permits that aim to limit pollution in the form of particulate matter and crystalline silica — which have been linked to respiratory diseases and cancer — but independent testing of concrete facilities by the complaint’s authors indicate that pollution levels exceed health-based limits.

Last year, TCEQ approved an amendment that included exemptions for emission limitations for concrete batch plants, in response to an application to construct a plant by a Fort Worth concrete company. Area residents had fought the company’s application, which was rejected on the grounds that it didn’t adequately study the impacts of pollutants. TCEQ later passed the amendment and approved the company’s application after what it called a “clerical error.”

The EPA’s civil rights compliance arm announced the investigation last Wednesday. The investigation will focus on whether the adoption of the amendment — and the permitting process — is discriminatory, and whether the state agency failed to seek meaningful public comment.

The Chron adds some more details.

County Attorney Christian Menefee and Lone Star lawyers alleged in separate complaints to the EPA earlier this year that the state agency discriminated against Black and Latino residents when they didn’t adequately ensure communities would be protected and didn’t appropriately seek input from people who aren’t fluent in English.

Local, state and federal leaders celebrated the EPA’s decision to look at the discrimination claims Tuesday. They saw it as a chance to win long-sought relief for people who have suffered from batch plants. Facility operators say the plants are safe and need to be close to construction sites. People near them, concerned for their health, plead for them to go far away.

“Time and again, the TCEQ has approved permits for additional plants in these very same neighborhoods, and failed to ensure that the pollution that comes out of these plants does not harm human health and the environment,” Menefee said. “We’re here today because the TCEQ failed to address these issues when it had the chance.”

[…]

Applications are frequently submitted to start up concrete batch plants in the Houston area. They elicit strong backlash from residents who often already know what it’s like to live by one. Residents in Aldine recently packed a room to tell TCEQ not to approve another new plant — only to find out that the deadline had already passed to ask the state agency to escalate the dispute to the next level.

EPA stepping in signaled a shift in that fight for residents who have little more than emotional appeals on their side, and what help they can get from frustrated government representatives.

“This is important to us,” said Huey German-Wilson, president of the Trinity and Houston Gardens Super Neighborhood, “and now we have someone to hear us loud and clear, for the small Black and brown voices in communities that have not been heard.”

Politicians at the news conference slammed the state environmental agency for valuing the needs of industry over the health of people. They said that it took President Joe Biden — a fellow Democrat — winning the White House for federal regulators to put pressure on this issue in the conservative Lone Star State. Recent bills proposed in the state legislature largely floundered.

Neighborhoods with batch plants lack deed restrictions and zoning to protect them, U.S. Rep. Sheila Jackson Lee said. And facilities are often in communities of color — not wealthy, white River Oaks — making what has been happening clear environmental racism, state Sen. Borris Miles said.

Menefee’s office asked the EPA to stop any new standard concrete batch plant permits from being issued until the investigation is finished, he said. A public meeting has been scheduled later this month for residents to weigh in on a plant that’s been proposed in Simonton, a small city west of Houston in rural Fort Bend County.

This isn’t a lawsuit, it’s an investigation. I have no context to guess how long it may take, though I’d expect that if the state doesn’t like what the EPA says we’ll get a lawsuit afterwards. Until then, we wait. Here’s a Twitter thread from Chron reporter Emily Foxhall with more quotes.

The only constant is change

This DMN story is about the wave of changes to the various legislative caucuses in North Dallas, but if you pull the lens back just a little, you can see how universal it is.

Proponents of term limits complain that elected lawmakers often overstay their welcome.

That’s not the case these days in the Texas House, where turnover is occurring across the state. In North Texas, the 2022 elections could bring an array of new faces to the House and Senate.

When the Legislature convenes in 2023, there will be eight new members of the House. And a new senator will replace the retiring Jane Nelson of Denton County. Statewide, 28 House lawmakers have retired or left their seats to run or another office. Five senators are not running for reelection, including several moderate Republicans, including Kel Seliger of Amarillo and Larry Taylor of Friendswood.

The story goes on to list the folks from the Metroplex – mostly Dallas, Tarrant, Collin, and Denton counties – who are retiring or running for another office in 2022, and it’s a long list. But as we’ve discussed, there’s always a fair amount of turnover following a redistricting year, and there’s a lot more natural turnover in elected office than you might think.

My case in point: Here’s your list of federal and state election winners in 2012 from Harris County. Following the 2022 election, this is how many new names there will be:

– Six of nine members of Congress are gone, with only Reps. Al Green, Mike McCaul, and Sheila Jackson Lee remaining.
– All three SBOE members will be gone, as Lawrence Allen is running for HD26 this March.
– At least six out of eight members of the State Senate will be gone, with only Sens. Whitmire and Huffman still on the ballot. To be sure, two of those people are now statewide office holders, and one is on Commissioners Court, but this is about turnover. All three of their seats are now held by someone else.
– At least sixteen of the 24 State House members will be gone. Only Reps. Alma Allen, Gene Wu, Armando Walle, Senfronia Thompson, Harold Dutton, Ana Hernandez, Mary Ann Perez, and Hubert Vo are on the ballot.

If you want to take it one step further, note that four out of five members of Commissioners Court are gone, with the fifth (Jack Cagle) likely to be voted out this November. All holders of executive office, all members of the HCDE Board of Trustees, and nearly every District Court judge is new since then as well.

To be sure, some of the holdovers have been there for a long time. My point is that they’re a pretty rare exception, and that the norm is for most legislators to serve a couple of terms and then either lose an election or move on to something else, which may be another political office and may be something outside of electoral politics. This is one of the many reasons why I disdain term limits. Our very real lived experience shows that they are not necessary.

The flip side of this, as a companion story notes, is that turnover means that a fair amount of legislative and subject matters knowledge goes away when a veteran lawmaker moves on, voluntarily or otherwise. But that’s life, and as someone who has been in the corporate world for a couple of decades, I can tell you that the world will keep spinning. New people will get their chance, and generally speaking they’ll be fine, even if they do things differently.

Now if you want to complain that the kind of Republicans being elected these days in place of the Jane Nelsons and Larry Taylors and Kel Seligers and so forth are a couple of notches below them in terms of knowledge, seriousness, deportment, and a whole host of other qualities, you’ll get no argument from me. That’s a different problem, and it’s going to take both the election of more Democrats and a return to something approaching sanity and respect for democracy among Republicans as a whole to solve it.

On primarying the quorum breakers

Of interest.

Working Families Party, a political party and relative newcomer to Texas politics that backs Democrats aligned with their platform, aims to spend in the ballpark of half a million dollars this cycle, WFP Texas Co-director Pedro Lira told the Signal.

Much of that money will go to door-to-door canvassing.

“At the end of the day, when you can really connect with people face to face, that’s really what motivates people to get out to vote,” Lira said. “We’re trying to build a real base of working class people. You can’t do that without involving those people.”

[…]

In partnership with CWA and Texas Organizing Project, WFP is also bankrolling “Texans for Better Dems,” a new political action committee that will primary Democrats in the state legislature who returned from Washington D.C. to restore quorum, a move that caused a rift in the state party and led to the creation of the Texas Progressive Caucus.

“We were incredibly proud of the Democrats who fled the state to deny Republicans quorum. It’s exactly the kind of leadership that we need from our elected officials,” Lira said. “We were also just as disappointed to see some of those Democrats come back. And it’s because those Democrats gave Republicans quorum that bills like the abortion ban and the anti-voting legislation were able to pass.”

Lira said the PAC was created specifically to primary those Democrats.

This was a thing I wondered about, and had seen some speculation about a few months ago when the quorum was freshly broken and tempers were high. I tried to keep an eye on it during the filing process, but there was a lot to keep up on, and if any WFP-backed candidates were out there, they didn’t make their presence known in a way that was visible to me. Now that we’re well past the filing deadline, let’s revisit this.

The first question is who the potential targets would be. I did a little digging into who among the Dems were here during the quorum break in Special Session #1, and who came back during Special Session #2 to bring the attendance count to the required level – this was in response to a private question I was asked. Long story short, I trawled through the daily journals on the Texas Legislature Online site, and found enough record votes to mostly fill in the picture.

For the first special session, I identified the following Dems who were present in Austin: Ryan Guillen, Tracy King, Eddie Morales, John Turner, Abel Herrero, Terry Canales, and Leo Pacheco. (There’s one I can’t identify; I suspect it was Harold Dutton, but he shows up in the next session, so it doesn’t really matter.) Guillen is now a Republican, Pacheco has since resigned, and Turner is not running for re-election. According to the SOS Qualified Candidates page, none of the others have primary opponents.

For the second special session, we can add these legislators, who were either there from the beginning or who showed up while the quorum was still not established: Dutton, Art Fierro, Mary Gonzalez, Bobby Guerra, Oscar Longoria, Eddie Lucio Jr, Joe Moody, James Talarico, Garnet Coleman, Armando Walle, and Ana Hernandez. Lucio and Coleman are not running. Talarico is running in a different district, HD50, which is open now that Celia Israel is running for Mayor of Austin. Fierro was paired with Claudia Ordaz Perez in redistricting. Of the rest, only Dutton and Gonzalez have primary opponents, and Dutton was a target well before the quorum break issue. Gonzalez, who has had primary challengers in the past as well for other reasons, faces someone named Rene Rodriguez, about whom I could find nothing. If the goal was to primary these Democrats, it sure doesn’t look like that goal was achieved.

Now, the WFP may well be playing a longer game. As we know, there wasn’t much time between the passage of the new maps and the start of filing season. Maybe they decided it was better to wait until 2024, or maybe they decided to focus more on races like CD35 (they have endorsed Greg Casar) and CD30. Maybe they’ll back Ordaz Perez and David Alcorta, the other candidate in HD50. Who knows? If they intended to make a bigger splash than that, I’d say they came up short. We’ll see what happens after this election.

Is it really a quorum?

It is if no one is counting too closely.

Texas House Republicans finally got their long-sought quorum Thursday — by the skin of their teeth.

There were 99 members registered as present Thursday evening, the exact number needed to end the 38-day Democratic quorum break over the GOP’s priority elections bill. But it quickly became clear that some of the 99 members were not physically on the floor and instead marked present by their colleagues.

That means that the House could be operating with a tenuous quorum in the coming days, even if more Democrats start returning — though none were giving any indication of that Friday.

While some Democrats conceded Thursday night that the quorum bust was over, others were less willing to admit defeat.

“Based on numerous media reports, it seems evident there was not a true quorum present today — ironic, given this entire session is premised around Republicans preaching about so-called voter integrity,” Rep. Chris Turner of Grand Prairie, chairman of the House Democratic Caucus, said in a statement.

A group of 34 House Democrats released a statement Friday that called it a “questionable quorum” and warned that Republicans “will lie about the number of legislators present at the Capitol to establish quorum, keep Texans in the dark, and bend the rules to get their way.”

In a follow-up interview, Turner said the apparent lack of a real quorum was “of grave concern.” He declined to speculate on whether the Democratic presence on the floor would grow when the House next meets on Monday.

[…]

If the quorum margin continues to remain on the razor’s edge, Republicans cannot afford to have any absences and would have to continue showing up unanimously or close to it. They proved they were willing to go to those lengths Thursday with the attendance of Rep. Steve Allison of San Antonio, who recently tested positive for COVID-19 and registered as present while isolating in an adjacent room.

Allison tested negative Thursday and plans to be on the floor Monday and the following days that lawmakers are in session, according to his chief of staff, Rocky Gage.

The House can’t do business without a quorum, which is two-thirds of the chamber, a threshold that stands at 100 when all 150 seats are filled. With two vacant seats pending special elections to replace former state Reps. Jake Ellzey, R-Waxahachie, who is now in Congress, and Leo Pacheco, D-San Antonio, who resigned effective Thursday to work for San Antonio College, quorum threshold is currently 99.

The special election for Ellzey’s seat is Aug. 31, though it could go to a runoff at a later date. And the special election for Pacheco’s seat has not been scheduled yet.

The 99 members that effectively make up the current quorum include all 82 Republicans; 14 Democrats who, before Thursday, had never broken quorum or had already chosen to return to the floor; and three new Democratic defectors who announced their arrival shortly before quorum was met Thursday evening: Houston Reps. Armando Walle, Ana Hernandez and Garnet Coleman.

Without a mass return of the remaining Democrats, reaching a quorum in the coming days could still be a dicey proposition.

That is, of course, if House leadership actually counts how many members are physically present — something they have no incentive to do as they seek to put the quorum break in the past. Any member present can request “strict enforcement” of a vote, which would force a more accurate attendance count, but that did not happen Thursday.

“Who is asking for strict enforcement?” one of the Democrats still breaking quorum, Rep. Michelle Beckley of Carrollton, tweeted shortly before the House met and quorum was established.

It is unclear what incentive the members who are showing up have to call for strict enforcement — they are mostly Republicans who are eager to get back to work and move past the quorum break. The same could arguably be said of the Democrats who have been present.

See here for the previous entry. Monday is a hearing day for the voter suppression bill, so if there is going to be a quorum challenge, that would be the day to do it. It’s also possible – likely, perhaps – that more Dems will be there on Monday on the grounds that once the session has begun and business will be conducted, there’s little value in continuing to stay away. At that point, you may as well fight it out in person as best you can. It’s a fight you’ll lose, of course, but the alternative is losing by forfeit. There is definitely a big conversation to be had about why some members decided now was the time to return, but that’s for another day. This is the task at hand. Stace, who focuses on the latest voting rights bill in DC – it is very much not too late to pass that bill, and as an extra added bonus it would defang the Supreme Court and its ability to rubber stamp voter suppression – has more.

We have a quorum

Welp.

For the first time in nearly six weeks, enough lawmakers were present in the Texas House on Thursday for the chamber to conduct business — opening the door for the passage of the GOP priority elections bill that prompted Democrats to flee the state in July in an effort to shut down the legislation.

[…]

Although the House reached the minimum number of lawmakers to conduct official business Thursday, it’s unclear whether the chamber will be able to maintain those numbers for the duration of the second special session, which ends Sept. 5.

The House’s return to regular order was boosted by the return of several Democrats who had opted to stay away during the first special session. Democrats like Rep. James Talarico of Round Rock; Joe Moody, Art Fierro and Mary Gonzáles of El Paso; and Eddie Lucio III of Brownsville had boosted the chamber’s numbers after holding out during the first special session.

On Wednesday night, Houston Democrat Garnet Coleman told The Dallas Morning News that he would be returning to the chamber, bringing the House one lawmaker closer to the 100 lawmakers it needed to conduct business. When San Antonio Democrat Leo Pacheco’s resignation went into effect Thursday, the quorum requirement dropped to 99 lawmakers. (Pacheco is reportedly resigning to teach public administration at San Antonio College).

Houston Democrats Armando Walle and Ana Hernandez joined Coleman in his return Thursday evening, with Walle pushing a wheelchair for Coleman who’d recently undergone surgery on his leg.

In a joint statement, the three Democrats said they were “proud of the heroic work and commitment” their caucus had shown in breaking quorum.

“We took the fight for voting rights to Washington, D.C. and brought national attention to the partisan push in our state to weaken ballot access. Our efforts were successful and served as the primary catalyst to push Congress to take action on federal voter protection legislation,” the statement read. “Now, we continue the fight on the House Floor.”

The lawmakers pointed to the surge in COVID-19 cases in the state, an overwhelmed hospital system and the return of children to school as efforts that the Legislature needed to work on.

“It is time to move past these partisan legislative calls, and to come together to help our state mitigate the effects of the current COVID-19 surge by allowing public health officials to do their jobs, provide critical resources for school districts to conduct virtual learning when necessary, while also ensuring schools are a safe place for in-person instruction, and will not become a series of daily super-spreader events,” the statement said.

Suffice it to say that the reaction I’ve seen from folks on Twitter is not particularly positive to this. I have nothing but respect for Rep. Garnet Coleman, but I don’t understand the thinking here. Maybe it will make more sense in the coming days, but right now you can count me among the puzzled and disbelieving. The Senate has already passed all of Abbott’s bills, so at any time the House will be able to finish the job, and that will more or less be that.

This was going to have to happen sooner or later, it was just a matter of how. I would have preferred it to be a consensus decision, but here we are. There is another voting rights bill queued up in Congress, with our friend Sen. Manchin as a co-sponsor, and while it will get an August vote there’s still no indication that it will get a waiver on the filibuster. Maybe that does pass, and the Texas Dems are cited as an inspiration, and I’ll feel differently. Right now, I’m not sure what was accomplished. The Chron has more.

The opening bid on power outage response

Not bad, but there’s a long way to go and not a lot of detail just yet.

Texas House Speaker Dade Phelan on Monday announced seven priority bills responding to the winter weather crisis last month that left millions of Texans without power.

The proposals include overhauling the governance of the state’s electric grid operator, the Electric Reliability Council of Texas; mandating “weatherization” of power facilities and establishing a statewide disaster alert system. There is also legislation to ban variable-rate electricity pricing plans such as were offered by the company Griddy, which was recently effectively shut down in the state after customers were hit with bills in the thousands of dollars.

Phelan’s office called the proposals the “first phase” of the House’s proposed reforms in the wake of the winter storm. Not all the bills have been filed yet, so the specifics of some proposals have not yet been made public.

“We must take accountability, close critical gaps in our system, and prevent these breakdowns from ever happening again,” Phelan, a Republican, said in a statement.

[…]

House Bill 10, for instance, aims to reform ERCOT by restructuring its board. The legislation would replace the board’s “unaffiliated” members with members appointed by the governor, lieutenant governor and speaker. The bill would also mandate that all board members live in Texas. And it would add a new board member to “represent consumer interests,” according to Phelan’s office.

Some other ideas could prove challenging. House Bill 11, for instance, would order the Public Utilities Commission to require power generators to implement measures to avoid service outages during extreme weather events, including winter storms and heat waves. But retroactively equipping power plants and the state’s energy system to withstand cold temperatures is likely to be difficult and costly, energy experts have said. Building energy infrastructure that from the start is designed to perform in winter conditions is easier and cheaper, they have said.

Phelan’s office described another bill, House Bill 14, which hasn’t yet been filed, that would require the Railroad Commission of Texas to require pipeline operators to update their equipment to ensure reliability during extreme weather. It’s unclear how much either bill would cost the state or the power generators. Abbott has indicated in the past that he is interested in funding at least some of the weatherization.

These fall under the emergency items declared by Abbott, so they can be taken up ahead of other legislation. Once they’re written and filed, of course. I don’t have any immediate complaints – the general direction is good, and they seem to have hit the high points – but it’s very early in the process, and there will be plenty of opportunity for shenanigans and just plan resistance, so as always we will have to keep an eye on it. The pushback from the energy industry seems to be that the power outages themselves were the main driver of the natural gas shortage, not the wells and pipes freezing up. There’s probably something to that, but I’m sure you’ll understand if I decline to take their word for it. At least three of the bills will be carried by Democrats – Reps. Richard Raymond, Ana Hernandez, and Joe Deshotel. We’ll see what we get, and we should very much remember that a lot of this is about undoing or at least mitigating the effects of Republican deregulation, but this is a decent start.

Slow going so far in HD145 special election

Still a week of early voting to go, but so far just a handful of ballots have been cast.

Voters in Texas’ 145th House District are trickling to the polls for the first week of early voting in a sluggish special election to replace state Sen. Carol Alvarado in the lower chamber.

Four days in, a mere 359 voters have cast ballots in person or by mail, amounting to less than one percent of the district’s registered voters. Polls will remain open each day through Sunday, close Monday for Martin Luther King Jr. Day, and reopen Tuesday through Jan. 25.

[…]

The low turnout is typical for special elections, such as last month’s Senate District 6 special election won by Alvarado, D-Houston. Less than 5 percent of registered voters turned out, some of whom are being asked to return to the polls once again.

In that race, Fierro received 23 percent of the vote, bringing her close to a second-place finish but far behind Alvarado’s 50 percent showing.

Even on uniform election dates, turnout tends to run low in District 145, which runs from the Heights through downtown to parts of Pasadena and South Houston. During the 2016 midterms, about 33,500 of the district’s 71,000 registered voters cast ballots, the sixth-lowest vote total of Harris County’s 24 state House districts.

Only Morales and Noriega appear to be raising and spending significant funds on the race, according to campaign finance reports filed this week.

Through Dec. 31, Morales had raised about $20,000, lent herself $5,000 and spent $4,000. She headed into the final month of the race with about $23,000 cash on hand, her finance report showed.

Noriega maintained a similar campaign balance — $22,600 — on Dec. 31, much of which came from $21,750 in personal loans. She reported raising about $5,200 and spent $2,100.

The recent special election in SD06 had 4.69% turnout. If you project that for HD145, you would end up with 3,341 voters in HD145. We’re not exactly on track for that now, but there’s still time.

And time is the single biggest factor in play here. We knew for months there was going to be a special election in SD06 – we knew it since March, when now-Rep. Sylvia Garcia won the Democratic primary for CD29. Now-Sen. Carol Alvarado and Rep. Ana Hernandez announced their candidacies shortly after, and were campaigning all along. We only knew for sure there would be an election in HD145 after Alvarado won that race in December, and only Christina Morales announced her interest in the race in advance of the filing period. Filing ended just eleven days before early voting started. People just haven’t had much time to realize that there’s another election happening, and the candidates have had even less time to tell them.

Another factor is the lack of mail ballots. Of those 359 total votes through Thursday, only two – yes, two – were mail ballots. Only 169 ballots had been mailed out to voters as of Thursday. There were 6,706 votes cast by mail in the SD06 election, nearly 44% of the total turnout. There were 2,405 mail ballots cast in HD145 in the November election, which is only seven percent of the total votes from that election. That’s actually almost the same percentage of mail ballots as there were in SD06 in 2016, so the difference is not how many mail voters there are, it’s how many of them requested and returned ballots for the special election. I have to assume that’s a function of campaigns, and that’s a tall order when your campaigns have so little time. It’s also a factor of money, which most of these campaigns don’t have, but Alvarado and Hernandez did going into their race.

So yes, the turnout is going to be tiny, and that makes the outcome more random than it would be in a different context. The runoff will involve more time – they’re about five weeks after the first round special election – and more money as the donor class has a clearer idea of who they might want to support. That leads to higher turnout in those races. For now, we’re up to 492 total votes cast as of Friday, five of which came via mail. We’ll see where we are in a week.

Alvarado wins SD06 special election

No runoff! Hurray!

Rep. Carol Alvarado

State Rep. Carol Alvarado, D-Houston, won the Senate District 6 special election Tuesday, finishing far ahead of a four-candidate field and grabbing a narrow majority of the votes needed to avoid a runoff.

She received 50.4 percent of the vote in unofficial returns.

It was unclear until the final precincts reported whether Alvarado, who hovered around 50 percent the entire night, would reach enough votes to avoid a runoff.

Trailing far behind was state Rep. Ana Hernandez, D-Houston, and Republican Martha Fierro, a precinct chair for the Harris County GOP. They each received less than half Alvarado’s share of the vote in the low-turnout election.

Alvarado will face re-election in November 2020 and hold the seat through January 2021, finishing out the term of U.S. Rep.-elect Sylvia Garcia, D-Houston. She resigned Nov. 9, three days after winning the race for Texas’ 29th Congressional District. U.S. Rep. Gene Green, D-Houston, did not seek re-election.

The tally is here. Alvarado had a majority of the mail ballots, and it was enough to keep her over fifty percent even as the in person votes were slightly under. Had she dipped below 50%, she would have been in a runoff with Rep. Ana Hernandez, but she avoided it. Now we just need to have the special election to fill her to-be-vacated seat in HD145. Congratulations and best of luck to Sen.-elect Carol Alvarado.

Early voting concludes in SD06

Tomorrow is Election Day.

Sen. Sylvia Garcia

Early voting concluded Friday in the special election to replace Sylvia Garcia in Senate District 6, and the low turnout is about what the Harris County clerk expected.

More than 1,097 voters cast ballots Friday either in person or by mail, bringing the early voting tally to 10,011.

Turnout typically spikes on the last day of early voting, but heavy rains that began Friday afternoon may have encouraged residents to wait until regular balloting on Tuesday. Harris County Clerk Stan Stanart expects just shy of 20,000 of registered voters the district to participate, for a turnout of about 6 percent.

The race features four candidates: Democratic state Reps. Carol Alvarado and Ana Hernandez, Democratic consultant Mia Mundy and Harris County Republican Party precinct chairwoman Martha Fierro.

[…]

If no candidate receives 50 percent of the vote, a runoff election will be held. If Alvarado or Hernandez ultimately prevails, Harris County must hold a special election, likely in January, to fill her House seat in the Legislature. That election would be overseen by incoming county clerk Diane Trautman, who defeated Stanart in November.

Polls will be open Tuesday from 7 a.m. to 7 p.m. Residents can find their voting location at HarrisVotes.com.

Here’s the final daily Early Voting report. For comparison purposes, there were 8,690 total early votes in the January 2013 special election, and 9,586 total early votes in the March 2013 runoff. So, while it’s fair to say that early voting was light, it is also the case that more people turned out than in either of the 2013 SD06 specials. That doesn’t mean final turnout will be higher, given the trends in early voting, but early voting was cut short on Friday at the Moody Park location because of the weather, so we may get some votes shifted to Tuesday because of that. For what it’s worth, here are the recent numbers for similar elections in the county:

District K, May 2017 – 3,604 early, 5,135 total = 70.19% early
HISD VII runoff, December 2016 – 3,926 early, 6,585 total = 59.62% early
HD139, May 2016 – 1,433 early, 1,855 total = 77.25% early
SD04 runoff, August 2014 – 2,362 early, 3,388 total = 69.72% early
SD04, May 2014 – 2,689 early, 4,080 total = 65.91% early
SD06 runoff, March 2013 – 9,586 early, 18,252 total = 52.52% early
SD06, January 2013 – 8,690 early, 16,511 total = 52.63% early

The county is planning for about 20K total votes (remember that some absentee ballots are still coming in), so we’ll see. You can find your Election Day polling location here. Get out there and vote.

SD06 finance reports

As expected, there are two candidates who are running a real campaign, and two other candidates.

Rep. Carol Alvarado

State Reps. Carol Alvarado and Ana Hernandez have raised and spent far more money than the two other candidates seeking to replace Rep.-elect Sylvia Garcia in the Texas Senate, according to filings posted Tuesday by the Texas Ethics Commission.

Between the two Houston Democrats, Alvarado has proven the more prolific fundraiser, taking in about $115,000 and spending about $391,000 from Oct. 28 through Dec. 1, the period covered by her latest campaign finance report. During the same period, Hernandez raised about $66,000 and spent about $162,000.

The totals place Alvarado and Hernandez well ahead of Republican Martha Fierro, who has raised about $4,000 since Nov. 15, and Mia Mundy, a Democrat who did not report raising or spending any money.

[…]

Alvarado, who entered the race with a sizable war chest, has been running an ad on cable television, and she says the spot will begin running on network stations in the lead-up to Election Day on Dec. 11. Alvarado’s spending on those ads does not appear to be included in her campaign finance report.

Here are the 8 day reports for Alvarado and Hernandez. Note that the latter covers a longer period of time, from July 1 through December 1, while Alvarado had filed more recent reports. The reason for this is that Hernandez was unopposed for re-election, and thus not required to file 30-day or 8-day reports for the November election, while Alvarado had a Libertarian opponent and thus did file those reports. I don’t care for that quirk of Texas finance law, but it is what it is. (Note that in a year without this special election, Hernandez would still be filing a January report, as will all November candidates, so it’s not like her latter half of 2018 would have been a mystery to us for much longer.)

For those who missed it, there was a candidate forum for SD06 on Tuesday. As Alvarado and Hernandez have very similar voting records and public positions, the debate included the topic of Alvarado serving in a leadership position under Speaker Joe Straus while Hernandez did not; this was a point of distinction in the Chron’s endorsement of Alvarado.

Rep. Ana Hernandez

The back-and-forth dialogue kicked off about 40 minutes into the event, when Hernandez was asked about the Houston Chronicle Editorial Board’s statement that she “hasn’t gained the sort of leadership positions that Alvarado boasts.”

Hernandez, first elected to the House in 2005, noted that she has served in the lower chamber under Republican leadership. With the GOP in control, she said she has not received chairmanships like Alvarado has because doing so “compromises the values that you’ve been elected to represent.”

“To have to compromise and negotiate to be in a leadership position, I will not do that,” she said. “I will represent the best interests of my constituents.”

Alvarado, given time to respond, said she and Hernandez have “pretty much the same” voting records, but indicated she believes it’s possible to be progressive while working with Republicans.

“When you have to get 76 votes to pass something, you have to work across the aisle,” said Alvarado, who chairs the Urban Affairs Committee and was first elected to the House in 2008. “And I’m proud of the trust and the confidence that a moderate Republican like (Speaker) Joe Straus placed in me not to chair one committee, but two committees.”

She went on to invoke the chairmanships of Democratic state Reps. Senfronia Thompson and Garnet Coleman.

“So I would say by mentioning the words ‘compromise your values,’ I’ve never done that,” she said. “I don’t forget where I come from. I live in my community, I actually live in this district.”

Hernandez, who said after the debate that she does in fact live in Senate District 6, shot back, saying, “This moderate Republican speaker that has appointed her (as) chair, it’s the same one that pushed SB 4” — a reference to the law that requires local law enforcement to abide by federal officials’ requests to detain people believed to have entered the country illegally.

“You tell me if that’s moderate,” Hernandez said, adding, “and I’m glad that you mentioned Senfronia Thompson and Garnet Coleman, because I am proud to have their endorsement for my candidacy for Senate District 6.”

Here’s the EV daily report through Wednesday. There have been 8,350 total ballots cast so far. You still have two days to vote early if you live in the district, so get out there and make your voice heard.

SD06 early voting update

Slow so far, which is what you’d expect.

Sen. Sylvia Garcia

More than 5,000 voters had cast ballots as of Friday in the special election to replace Sylvia Garcia in Senate District 6.

The Harris County Clerk’s Office reported 1,580 in-person votes and 3,788 returned mail ballots, bringing the total through the first five days of early voting to 5,368 ballots cast.

Four candidates — Democratic state Reps. Carol Alvarado and Ana Hernandez, Democratic consultant Mia Mundy and Harris County Republican Party precinct chairwoman Martha Fierro — are seeking the seat.

[…]

University of Houston political science professor Brandon Rottinghaus said Alvarado is most likely to win, since she has out-raised her opponents and secured key endorsements.

“She has more geographic overlap with her district, and she was on TV with ads,” he said. “In a race like this it’s going to be a sprint to the finish line, and that’s going to go to the best-prepared candidate.”

Hernandez and Alvarado’s House districts occupy portions of Senate District 6. If either wins, Harris County must hold another special election to fill the House seat she will vacate.

Here’s the daily EV report through Friday. Early voting continues through this Friday, with Election Day on Tuesday the 11th. Turnout for the January 2013 special election, which took place following the death of Mario Gallegos, was 16,511 voters, with about 8,600 of those votes being cast early. For the March runoff between outgoing Sen. Garcia and Rep. Alvarado, turnout was 18,252, with about 9,500 votes being cast early. I suspect that if this one goes to a runoff, we’ll see something similar. Anyway, get out and vote while you can.

Endorsement watch: For Alvarado in the special

The Chron does its thing one more time.

Rep. Carol Alvarado

Of the four names on the ballot [in the SD06 special election], two stand out as qualified and impressive candidates: state Rep. Carol Alvarado and state Rep. Ana Hernandez.

We endorse Alvarado.

It isn’t a question of policy — the two Democrats seem to agree on practically everything. Both are pro-choice. Both oppose school vouchers. Neither wants to expand the sales tax or implement an income tax to help pay for public schools. The difference is one of strategy.

Alvarado, 51, is a former member of Houston City Council and was first elected to District 145 in 2008. Since then she has briskly climbed the leadership ranks and last session was appointed chair of the Urban Affairs Committee. Consider it a sign of the trust that Speaker Joe Straus put in her ability to reach across the aisle and work with Republicans to pass important bills. Notably, in 2015 she authored the grand jury reform bill that was signed by Gov. Greg Abbott. Those talents will be key to a successful tenure in the Texas Senate, which is dominated by Republicans.

Hernandez, 40, was first elected to the Legislature in 2005 but hasn’t gained the sort of leadership positions that Alvarado boasts. In meeting with the editorial board, she explained it’s because she refuses to compromise her ideals in pursuit of political ambition. That’s not necessarily a bad thing. Garcia embodied that model when she was the only senator to oppose the most recent budget. The vote undermined her ability to work with Republicans, but granted her the authority to point out the budget’s various flaws — cuts to education, reliance on higher property taxes — come election season. If Democrats want to grow their political footprint, they’ll need to start heightening the contrast with Republicans and give voters a real choice.

But for the sake of constituents’ immediate needs, we believe that Alvarado can do a better job of shaping and passing legislation.

Alvarado sent out email over the weekend touting endorsements from the Houston GLBT Political Caucus and the Planned Parenthood Texas Votes as well. She of course has run for this seat before, in the 2012 special election following the death of Mario Gallegos, finishing second behind Sylvia Garcia. You don’t want to put too much weight on these things, as it’s easy to over-interpret them in low-turnout special elections like this, but it’s a decent start for Alvarado. We have a full 12-day early voting period for this election, so if you are in SD06 you have from today through next Friday, December 7, to cast your ballot.

Early voting begins today for the SD06 special election

From the inbox:

Early Voting for the Texas State Senate District 6 Special Election to Fill a Vacancy begins Monday, November 26 and ends Friday, December 7.  During the twelve day Early Voting period, nine locations will be available to the 330,000 registered voters within the Senate District who want to cast a ballot before Election Day, Tuesday, December 11.

The Early Voting locations and schedule are as follows:

Early Voting Locations for

December 11, 2018 State Senate District 6 Special Election

Location Address City Zip
County Attorney Conference Center 1019 Congress Avenue Houston 77002
Harris County Scarsdale Annex 10851 Scarsdale Boulevard Houston 77089
Hardy Senior Center 11901 West Hardy Road Houston 77076
Galena Park Library 1500 Keene Street Galena Park 77547
Ripley House Neighborhood Center 4410 Navigation Boulevard Houston 77011
Baytown Community Center 2407 Market Street Baytown 77520
John Phelps Courthouse 101 South Richey Street Pasadena 77506
HCCS Southeast College 6960 Rustic Street, Parking Garage Houston 77087
Moody Park Community Center 3725 Fulton Street Houston 77009
Hours of Operation
Day(s) Date Time
Monday to Friday Nov. 26 – 30 8 am – 4:30 pm
Saturday Dec-1 7 am – 7 pm
Sunday Dec-2 1 pm – 6 pm
Monday to Friday Dec. 3 – 7 7 am – 7 pm

“The Harris County Early Voting locations are only available to individuals who are registered to vote in Senate District 6,” said Harris County Clerk Stan Stanart, the Chief Election Officer of the county.

For more information about the December 11 State Senate District 6 Special Election to Fill a Vacancy, voters may visit www.HarrisVotes.com or call the Harris County Clerk’s office at 713.755.6965.  Voters may also visit the website to determine if they are eligible to vote in an upcoming election or review the list of acceptable forms of identification to vote at the polls.

There are four candidates in this race, though really only two that have a chance of winning. Assuming one of those two wins, we’ll then have a special election in her State Rep district. If you’re wondering why this message came from Stan Stanart, remember that his term of office runs through December 31. Any runoff in this race, and any subsequent special election, will be conducted by incoming County Clerk Diane Trautman. Now get out there and vote if you live in SD06.

Candidate Forum for Senate District 6

The special election is set for SD06, for December 11. Four candidates have filed for the seat, and early voting begins this Monday, November 26. That’s not a lot of time to hear from the hopefuls, so those of you in SD06 should take advantage of every opportunity to hear them out. One such opportunity is next Wednesday, November 28, one week from today, at non-profit MECA Houston, 1900 Kane Street just northwest of downtown. Here’s the Facebook event for the forum, which will be from 6:30 to 8 PM on the 28th, and here’s a Google map link to the location. Go hear what the candidates have to say, then make sure you go vote.

Four file for SD06

Are you ready for the next election? Well, ready or not, here it comes.

Sen. Sylvia Garcia

Four candidates have filed for the Dec. 11 special election to replace outgoing state Sen. Sylvia Garcia, D-Houston.

The deadline was 5 p.m. Friday.

The field includes two Democrats who announced their campaigns long ago — Houston state Reps. Carol Alvarado and Ana Hernandez — as well as two lesser-known contenders: Republican Martha Fierro and Democrat Mia Mundy.

Garcia is giving up her seat in Senate District 6 after winning the Nov. 6 election to succeed retiring U.S. Rep. Gene Green, D-Houston. Garcia resigned Friday from the Texas Senate, and Gov. Greg Abbott called the special election hours later.

See here for the background. Mostly what this means is that there will probably be a runoff. I will note that in the last special election for SD06, held in January of 2013 following the death of Sen. Mario Gallegos, the two Republicans in the seven-candidate field combined for nine percent of the vote. Assuming the other Dem gets a point or two, a similar performance here would mean that one of Carol Alvarado or Ana Hernandez would have to beat the other by at least ten points to get to fifty percent, and I don’t expect that to happen. You never know, and this is a very short turnaround – early voting begins November 26, the Monday after Thanksgiving – so look for things to proceed at a breakneck pace. I don’t think I’ll have time for interviews, but if it does go to a runoff I’ll aim for that. And once we have a winner, we will almost certainly need to have a special election in either HD143 or HD145 to succeed her. It’s the circle of life. Good luck to the candidates. The Chron has more.

Garcia officially resigns from the Senate

We will finally get that special election to succeed her in SD06.

Sen. Sylvia Garcia

State Sen. Sylvia Garcia, a Democrat elected to Congress earlier this week, announced Friday she is resigning from the Texas Senate, setting in motion a process to fill the seat that may be resolved after the Legislature convenes in January.

Garcia’s departure ramps up what had been a low-key race for her seat, which covers Houston’s north and southeast sides. Two Houston Democrats — state Reps. Carol Alvarado and Ana Hernandez — launched their candidacies after Garcia won her March primary.

Elected Tuesday in Texas’ 29th Congressional District, Garcia resigned Friday to coincide with the start of the “expedited election” period, a provision of Texas’ Election Code intended to speed up special elections for vacancies that occur during or close to a legislative session.

The “expedited” period kicks in the 60th day before the Legislature convenes, which in this case is Friday. The session begins at noon Jan. 8, so Garcia is making her resignation effective at 12:01 p.m.

Once Gov. Greg Abbott accepts Garcia’s resignation, the Texas Constitution gives him 20 days to order an election, though it could take up to eight days for the resignation to become official.

The election must then fall on a Tuesday or Saturday, 21 to 45 days after Abbott orders it, according to the election code. That means if Abbott accepts Garcia’s letter Friday and immediately orders the election, he could schedule it as early as Dec. 1.

Otherwise, the election could fall as late as Jan. 19, if Abbott orders the election a full 28 days after Friday and schedules it on the last possible day within the “expedited” window.

See here for the previous update. Abbott’s gonna do what Abbott’s gonna do. Maybe he’ll schedule it on the early side, but my expectation is we won’t have an election till January. Reps. Carol Alvarado and Ana Hernandez are in, and if it’s just them or maybe just them plus a no-name or two, we can get this resolved in one round. If there has to be a runoff, and the election is when I think it will be, we’re looking at early March before it’s all said and done. And then we get to elect a new State Rep, which may mean I’ll be in a district with a vacancy for that duration. Election season is never truly over, we just constantly rotate the cast of characters.

UPDATE: I missed a later version of this story, in which the special election date was set for December 11. Here’s the proclamation. That’s very good news, because it means that even with a runoff, we’ll have a successor in place no later than mid-January or so.

The updated scenarios for a SD06 special election

It’s complicated.

Sen. Sylvia Garcia

The resolution to the special election stalemate between state Sen. Sylvia Garcia and Gov. Greg Abbott likely will come after the November general election and could yield a special election after the Legislature convenes in January.

The likely solution — an “expedited election,” triggered by a vacancy within 60 days of the legislative session — comes out of a combination of codes and statutes that leave open a relatively wide election date window.

If Abbott follows timing laid out in the Texas Constitution and Election Code, the special election is likely to fall between early December and mid January, depending on when Garcia resigns.

[…]

The Legislature convenes Jan. 8, 2019, meaning the expedited period begins Nov. 9.

Once Garcia resigns, her resignation could take up to eight days to become effective. From there, the Texas Constitution gives Abbott 20 days to call an election before the “returning officer” in the district with the vacancy gains that authority.

Abbott has not indicated he would hold off on calling the election once Garcia resigns, but if it comes to that, the Constitution does not define the term “returning officer.” However, it has been generally interpreted to be the county clerk.

[…]

Garcia has not said when she would resign within the expedited period, but in an emailed statement to the Chronicle, she said she will do “whatever I can to make sure the 850,000 Texans in SD 6 are represented by the beginning of the next legislative session.”

If Garcia resigns Nov. 9 — the first day of the “expedited election” period — and her resignation quickly becomes effective, Abbott could schedule the special election in early December. If he wanted to delay the election until the session starts, he could order it in mid-January.

The governor has not stated that he would schedule the election in May or seek to delay it into session at all. But he has stopped short of promising a date before Garcia resigns. Abbott’s office sent the Chronicle the same statement it has stuck with for weeks, saying “the ball is in (Garcia’s) court.”

Basically, at this point’ we’re more or less back at the Letitia Van de Putte situation, in which I remind you that the special election to succeed her took place on January 6 and Sen. Jose Menendez was sworn in in early March. We could get the special election sooner than that, and maybe there won’t be a runoff, but that’s the best case. In the worst case, Abbott plays semantic games with what the various legal terms mean and we have to resolve this in court. All I can say I wish Sen. Garcia had resigned back in May, like I originally thought she might.

Sen. Garcia announces her resignation

Not quite what I was expecting, but it will do.

Here’s the Trib story:

Sen. Sylvia Garcia

State Sen. Sylvia Garcia, a Houston Democrat likely on her way to Congress in the fall, has announced formal plans to resign after months of speculation about the timing of her decision.

When Garcia won a crowded congressional primary election in March, all but guaranteeing her election to represent a Democratic-leaning district in November, she immediately set off speculation about when she would resign her seat in the Texas Senate. The timing of the special election to replace her will have important implications for the upper chamber’s Democratic caucus, given that a seat usually held by the minority is up for grabs.

Several candidates have already lined up for Garcia’s seat, including two local Democrats currently serving in the Texas House: state Reps. Ana Hernandez and Carol Alvarado. Hernandez announced hopes to fill the “potential vacancy” just 12 hours after Garcia’s primary win, and shortly after, Alvarado posted a carefully crafted three-minute campaign video.

[…]

Though Garcia said her resignation won’t be effective until January, the Texas Election Code states that, for the purposes of calling a special election, a vacancy occurs on the date the resignation is accepted by the appropriate authority or on the eighth day after the date of its receipt by the authority” — in this case, Abbott, according to the secretary of state’s office.

I’ve been calling for this for months now, so as long as we get the election on or before November 6 (it would be one of three such elections), I’m happy. Barring anything unforeseen, the special will be a contest between Reps. Alvarado and Hernandez; refer to the 2013 SD06 special election for a reminder of how the partisan vote split previously. This will add to my to-do list for November interviews, but otherwise I get to be on the outside looking in, as I was redistricted into SD15 in 2011. I’ll keep my eyes open for Abbott’s response. In the meantime, I join legions of people in thanking Sen. Garcia for her service, and for her consideration in ensuring continuity of representation in SD06. The Chron has more.

Alvarado claims poll lead in SD06

From the inbox:

Rep. Carol Alvarado

A new Public Policy Polling survey of 589 voters in Texas’s 6th Senate District shows Carol Alvarado leading Ana Hernandez by a 2-1 margin, 38% to 22%. 41% of voters are undecided.

Alvarado’s margin is driven by leads among several demographic subsets – she leads 38-22 among women and 38-21 among men. She leads among Democrats 48-24 and among independents 26-17. Alvarado leads among Hispanics 41-28, among whites 27-12, and she leads among African-Americans by a 46-11 margin.

Public Policy Polling surveyed 589 voters in Texas’s 6th Senate District from April 9th to 11th, 2018. The margin of error for the survey is +/- 3.7%. The survey was conducted in English and Spanish using automated telephone interviews. This survey was conducted on behalf of the Carol Alvarado Campaign.

Just so we’re clear:

1. We still don’t know when this election will be, though right now signs point to “later” rather than “sooner”.

2. There will be other candidates in this race. Even if they’re all no-names, that will skew things.

3. Modeling turnout in special elections is really tricky.

Having said all that, feel free to enjoy or complain about this poll as you see fit.

Still waiting for those other special elections

Ross Ramsey returned to a frequent topic a few days ago.

Sen. Sylvia Garcia

State Sen. Carlos Uresti, D-San Antonio, was found guilty of 11 felonies earlier this year. He has not yet faced sentencing and says he will appeal the convictions on charges including money laundering and fraud. He’s not required to quit the Senate in the face of that, but it’s safe to say many of his colleagues are eager to see him go. Lt. Gov. Dan Patrick stripped him of his committee assignments, and the Senate Democratic Caucus called on him to quit.

The other potential resignation is a happier story: State Sen. Sylvia Garcia, D-Houston, won her party’s nomination to succeed the retiring Gene Green in the U.S. House. It’s a Democratic district, but she’ll face the winner of a Republican primary in November’s election. And in the unlikely event that Garcia were to lose that race, she would still be a state senator; her term in the current job doesn’t end until 2021.

Without putting their names to their words, many of Garcia’s colleagues are hoping she’ll quit early, allowing a replacement to be seated before the Legislature convenes in January.

“A vacancy is never politically helpful, but no one is more harmed than the constituents who are in that district, who have zero representation,” said Harold Cook, a longtime Democratic operative and one-time staffer to the Senate’s Democratic Caucus. “Aside from the fact that it kind of screws with a few majority votes, and that is not unimportant, you’re leaving Texans with no representation — and you don’t have to.”

The idea is that Garcia’s election to Congress is all but certain and that her timely resignation would position Democrats in the Texas Senate at full strength next year, instead of leaving them waiting on a special election to fill her seat. Or Uresti’s seat, for that matter.

Since he wrote that, we have gotten an update on SD06. Also from Ross Ramsey:

A one-seat pickup [in the Senate] would leave the Democrats one vote short of the number needed to force debate. It would also put them in position, if they could hold their own folks together, to block debate by luring one Republican to their side.

Another way to put it: Neither the Republicans nor the Democrats would have any wiggle room — a generally rotten prospect for a group since it empowers any one member to hold an issue hostage by saying, “Do it my way or lose my vote.”

If the Democrats were to win more than one seat now held by Republicans, the Texas Senate would be back in the position it was in for years — when nobody could get an issue to the floor without brokering enough of a compromise to convince a supermajority that the issue is worth hearing.

That’s been used to keep all kinds of things — not all of them partisan, by the way — from coming to the Senate floor for a vote. For a moment, think like one of the swamp creatures; sometimes, it’s safer not to vote on something controversial than it is to take a stand. The three-fifths rule provides a way to either work on a compromise or just walk away without any political bruises.

One needn’t agree with that to appreciate its political value.

But even a big Democratic day in November could leave crafty Republicans with some breathing room. Two Democratic senators who aren’t on the ballot this year — Sylvia Garcia of Houston and Carlos Uresti of San Antonio — are contemplating resignation.

Garcia won the Democratic nomination for a congressional seat in a district unlikely to elect a Republican to Congress. But she said [last] Thursday, in an interview with The Texas Tribune’s Evan Smith, that she won’t resign until after the Nov. 6 election. She said she’s doing that out of consideration for the voters and doesn’t want to presume what they’ll do. If she wins and then resigns, it’ll take a special election to replace her — one that would likely leave her seat in the Senate empty for the early days of the legislative session.

Gotta say, I’m disappointed to hear that. I really believed Sen. Garcia would step down in a timely fashion, perhaps after the May 22 primary runoffs, to allow a successor to be in place by January. If she does wait till November to step down, then the Leticia Van de Putte experience kicks in, where the special election is in January and the successor is installed in March; that runoff actually happened in February, but the swearing-in didn’t take place till after the official canvass. As Ramsey goes on to say, even if the Dems have picked up one or more seats, they’d lose the numerical advantage if the Garcia and Uresti seats are empty.

So yeah, the timing up front can have a big effect on the back end, and that’s before we take into account the subsequent vacancies that may be caused by the Garcia and Uresti specials. I appreciate Sen. Garcia’s position. It’s honorable and respectful. It’s also completely impractical, and potentially very damaging. I really, really hope she reconsiders.

Endorsement watch: Ana’s army

Re. Ana Hernandez

Two weeks ago, I noted an email sent out by Rep. Carol Alvarado containing a long list of current and former elected officials as well as other prominent folks who had endorsed her candidacy for SD06, for when Sen. Sylvia Garcia steps down after being elected in CD29. I assumed at the time that Rep. Alvarado’s main announced rival, Rep. Ana Hernandez, would follow suit with her own list, and so she has. Rep. Hernandez’s list contains more members of the State House, and at least two people that I spotted – HCC Trustees Eva Loredo and Adriana Tamez – who also appear on Alvarado’s list. I’m not sure if that’s an “oops!” or a change of heart, but I’ll leave it to the people involved to sort it out.

As I said with Rep. Alvarado’s list, this is a show of strength. I suspect lists like these tend to have a marginal effect on voters – as much as anything, it’s about fundraising ability – but it’s a bad look for you if your opponent, who is also your colleague, has such a list if you don’t have one, so here we are. The combined force of the two lists will act as a barrier to other candidates – not for nothing, but all of the other State Reps whose districts are in SD06 are on one of these lists or the other – though as noted before that’s not an absolute barrier. I’ll say again, this is a tough choice between to very excellent candidates.

Meanwhile, in other endorsement news:

Twenty-two of the 55 Democratic state representatives on Wednesday endorsed former Dallas County sheriff Lupe Valdez for governor, as Valdez faces Houston entrepreneur Andrew White in a May 22 runoff.

The winner of the runoff will be the Democratic nominee who will face Republican incumbent Greg Abbott in the November general election.

The endorsements highlighted how both candidates are pushing to raise campaign funds and for endorsements with just less than two months to go before the runoff, in a race that has so far been mostly low-key.

The new endorsements include Reps. Roberto Alonzo, Rafael Anchía,Victoria Neave and Toni Rose of Dallas; Diana Arévalo, Diego Bernal, Ina Minarez and Justin Rodriguez of San Antonio; César Blanco, Mary Gonzales and Evelina Ortega of El Paso; Terry Canales of Edinburg; Nicole Collier of Fort Worth; Jessica Farrar and Ron Reynolds of Houston; Ryan Guillen of Rio Grande City; Gina Hinojosa, Celia Israel and Eddie Rodriguez of Austin; Mando Martinez of Weslaco; Sergio Muñoz of Palmview, and Poncho Nevárez of Eagle Pass.

[…]

Valdez has won the endorsements of the Texas AFL-CIO, Planned Parenthood Texas Votes, Texas Tejano Democrats, Gay & Lesbian Victory Fund, and Stonewall Democrat chapters in Houston, Dallas, Denton, San Antonio, and Austin.

White has been endorsed by the Houston GLBT Political Caucus, former rival Cedric Davis Sr., former lieutenant gubernatorial candidate Michael Cooper as well as the Harris County Young Democrats, the Houston Stonewall Young Democrats and the state’s three largest newspapers, including the Houston Chronicle.

I said my piece in the precinct analysis of the Governor’s race. Given what we saw, the runoff is Valdez’s race to lose. Give me some runoff debates, that’s all I ask.

Endorsement watch: Alvarado’s army

Rep. Carol Alvarado

Rep. Carol Alvarado has released a long list of supporters for her campaign to succeed Sen. Sylvia Garcia in SD06. This is clearly a show of strength on Alvarado’s part – the list includes the three most recent Mayors of Houston, four of her State House colleagues, Commissioner (and former Sen.) Rodney Ellis, and a bunch of other current and past office holders. One thought that struck me as I read this was a reminder that Alvarado had been the runnerup the last time SD06 came open, losing in a special election runoff to Sen. Garcia. People had a hard choice to make in that election between two very good and well-qualified candidates, and Sen. Garcia emerged victorious. People will once again have a hard choice to make in that election between two very good and well-qualified candidates, and it may be that the bulk of those who are prominent and being public about it are going to Rep. Alvarado.

That’s hardly the final word, of course. There are plenty of people not on Rep. Alvarado’s list, and I’m sure Rep. Ana Hernandez will have her own impressive cadre of supporters. In fact, later in the day Rep. Hernandez sent out this fundraiser email that touted Mayor Turner as the special guest. That email references her HD143 campaign, with no mention of SD06, but you can draw your own inferences. Like I said, both she and Rep. Alvarado are strong candidates. Rep. Alvarado’s opening salvo may have the effect of scaring off other potential candidates, but there’s no guarantee of that, as Sen. Garcia herself could testify from CD29. All I’m going to say at this time is the same as what I said the last time we had one of these elections, which is that I’m glad I was redistricted into SD15 so I don’t have to take a side myself.

The race for SD06 has already begun

Here’s State Rep. Ana Hernandez on Facebook:

The Trib has picked up on this as well. Not long thereafter, I received this in my mailbox:

Dear Friends,

I would like to congratulate State Senator Sylvia Garcia on her hard-earned victory for the Democratic nomination for the 29th District of Texas in the U.S. House of Representatives. Sylvia Garcia is well on her way to becoming the first Latina to represent the 29th District. I am very confident she will be a fighter for us in Washington D.C. and stand up to Donald Trump and fight for the working families of our community. I am proud to have endorsed her and campaigned with her, and I look forward to working with Congresswoman Garcia when she is sworn into office.

It is now likely that there will be a vacancy and I am taking this opportunity to formally announce our campaign to become the next Senator from District 6.

(Click here to view my announcement.)

There’s more, but you get the idea. I am sure this will not be the end of it – Rep. Armando Walle had been briefly in for CD29 when it came open, so I have to assume he’ll take a long look at SD06 as well. We are of course all assuming that Sen. Garcia, who is the nominee for CD29 but not yet officially elected to that position, will step down at some point in the near future, to allow her eventual successor to get elected in time for the 2019 session. I discussed this at some length in November, when Sen. Garcia first jumped in for CD29. I see no reason why Sen. Garcia can’t or shouldn’t step down sooner rather than later – it would be awesome to have the special election to succeed her in either May or November, so everyone can be in place for the opening gavel of 2019 – but the decision is hers to make. What we know now is that people are already gazing at her as we await said decision. KUHF has more.

Rep. Gene Green to retire

I said there would be surprises.

Rep. Gene Green

One of the two longest serving Democrats from Texas in the U.S. Congress won’t seek re-election.

U.S. Rep. Gene Green, D-Houston, announced Monday that he will not seek re-election in 2018. Green was first elected to Congress in 1992 and represents a district that includes South Houston, Pasadena and loops up to pick up Aldine.

“I have been fortunate to have never lost an election since 1972 and I am confident that I still have the support of my constituents and would be successful if I ran for another term in Congress,” Green said in a statement. “However, I have decided that I will not be filing for re-election in 2018. I think that it is time for me to be more involved in the lives of our children and grandchildren. I have had to miss so many of their activities and after 26 years in Congress it is time to devote more time to my most important job of being a husband, father and grandfather.”

[…]

In his statement, Green stressed his years of constituent service in Houston.

“The goal of every elected official should be to serve and help your constituency to have a better life for their families,” Green said. “I am proud of sponsoring events in our district such as having Immunization Day each year for the past 20 years to provide free vaccinations for children and Citizenship Day each year for the past 22 years to help legal residents to become citizens of our great country.”

Didn’t see this one coming. I guess Rep. Green just had enough, because if the Dems retake the majority he’d surely have been in line for a committee chair. As you might imagine, for this strong Dem seat (it’s bluer than Hensarling’s is red), the rumors and gossip about who may be running started in earnest.

Sources confirm to the Texas Tribune that among those considering a run for the seat: Garcia, state Reps. Carol Alvarado and Ana Hernandez, state Sen. Sylvia Garcia, and attorney Beto Cardenas, who served as a staffer for U.S. Rep. Frank Tejeda, former President Bill Clinton and former U.S. Sen. Kay Bailey Hutchison.

Democratic pollster Zac McCrary worked on Green’s re-election campaign last year and knows the electorate well.

“There’s no shortage of strong, ambitious Democrats in that district who have been eyeing that seat for years,” he said. “I imagine the dam will break and we’ll see a lot of strong candidates there.”

Noting that there is a glut of candidates in even the most Republican seats, he suggested the field could be one of the most crowded Texas primaries seen in years.

“An open seat, in a very strongly Democratic seat, you might have double-digit strong candidates deciding to give it a try.”

I’ve heard that Sen. Garcia is already in; it’s a free shot for her, as she’s not on the ballot this year otherwise. State Reps like Alvarado and Hernandez would have to make a choice. Adrian Garcia didn’t get a mention in this story but I’m sure he’s thinking about it. Everyone has till December 11 to decide. All I know is that my schedule for doing primary interviews just got a lot busier. My thanks to Rep. Gene Green for his service, and my very best wishes for a happy and healthy retirement.

Endorsement watch: Labor for Thompson, the Mayor for Miles

From the inbox:

Rep. Senfronia Thompson

Rep. Senfronia Thompson

The Texas Gulf Coast Area Labor Federation, AFL-CIO today announced their support of Senfronia Thompson for State Senator District 13.

“Our unions screened two candidates for Senate District 13 — Representatives Senfronia Thompson and Borris Miles,” said Zeph Capo, President of the Area Labor Federation. “Both candidates have been steadfast allies in our efforts to give workers a voice on the job, raise wages for all, adequately fund public services, and defend civil rights. Ultimately, Thompson’s deep experience and long record as a champion for working families led us to back her.”

“Over her twenty-two terms of public service, Senfronia Thompson has been an energetic and consistent advocate of initiatives to help better the lives of working families,” said John Patrick, President of the Texas AFL-CIO. “She is one of the most reliable, influential, and effective leaders with whom I have ever worked. Her knowledge of how state government works is what sets her apart from the other candidates.”

“Representative Thompson has the integrity, the vision, and the will to advocate for all of SD 13’s constituents. Labor will work hard to get her elected to office and help her achieve that goal,” added Hany Khalil, Executive Director of the Area Labor Federation.

The release, which came out on Thursday, is here. It was followed on Friday by this:

Rep. Borris Miles

Rep. Borris Miles

Dear Fellow Democrat,

Please join me in supporting Borris Miles for State Senate, District 13.

With the departure of Senator Rodney Ellis to join Commissioners Court, we need to make sure that we have an energetic warrior for the people representing us in the State Senate. That’s my friend and former House colleague, Borris Miles.

I’ve worked with Borris for years and watched his commitment and skill in moving our Democratic priorities forward.

From giving misguided kids a second chance at a better life, to doubling fines for outsiders who dump their trash in our neighborhoods, to increasing access to health care and expanding educational opportunities for us all – Borris gets the job done.

Believe me, it’s tough getting things done as a Democrat in a Republican-controlled legislature. But that’s exactly what our communities deserve.

I’m for Borris because Borris is a warrior for the people. That’s why I respectfully ask you to cast your vote for Borris as the Democratic Party’s nominee for State Senate, District 13.

Warm regards,

Mayor Sylvester Turner

But wait! There’s still more!

Thompson, who first was elected in 1972, has picked up a slew of endorsements from area Democratic congressmen and state legislators.

They include U.S. Reps. Al Green and Gene Green, as well as state Reps. Alma Allen, Garnet Coleman, Harold Dutton, Jessica Farrar, Ana Hernandez, Ron Reynolds, Hubert Vo, Armando Walle and Gene Wu.

Fort Bend County Commissioner Grady Prestage and the Texas Gulf Coast Area Labor Federation and the also have endorsed Thompson, among others.

[…]

Miles also touted Dutton’s support, in addition to that of former Mayor Annise Parker, state Sen. John Whitmire and state Rep. Jarvis Johnson, among others.

Dutton could not immediately be reached for comment to clarify which candidate he has in fact backed.

Asked if he has received any endorsements, Green said he is focused on earning precinct chairs’ support.

I’m a little surprised at how active Mayor Turner has been in intra-Democratic elections so far. Mayor Parker was a lot more circumspect, and Mayor White basically recused himself from party politics for his six years in office. I guess I’m not that surprised – the Lege was his bailiwick for a long time – and while these family fights often get nasty, I’m sure he’s fully aware of the pros and cons of getting involved. Whatever the case, this race just got a lot more interesting.

Endorsement watch: Latino electeds for Gene Green

Not a big surprise.

Rep. Gene Green

Rep. Gene Green

U.S. Rep. Gene Green, a Houston Democrat, will pick up support from several Houston political players Tuesday.

The 12-term congressman faces what could be a formidable primary challenge in the form of former Harris County Sheriff Adrian Garcia. According to a Green campaign press release, seven Houston Democrats are ready to back his re-election: state Sens. Sylvia R. Garcia and John Whitmire, state Reps. Ana Hernandez, Garnet F. Coleman, Armando Walle and Carol Alvarado, and Harris County Constable Chris Diaz.

The endorsements’ apparent aim is to give Green cover against Garcia’s argument that the mostly-Hispanic district would be better served with Hispanic congressional representation. With residual name identification from his unsuccessful run for Houston mayor, Garcia could pose a viable threat to Green’s re-election.

I received a copy of the press release as well as the pre-release on Friday that didn’t contain the officials’ names. The event will take place at 11 AM at the Vecino Health Center (Denver Harbor Family Clinic), 424 Hahlo St., in case anyone wants to attend. As I said before, I was looking to see who might be endorsing whom in this race. Whatever the effect is on the final result, this does affect the narrative of the race. Reps. Walle, Hernandez, and Alvarado all once worked for Green, so their solidarity with their former boss is to be expected, but Sylvia Garcia was one of the candidates for the seat back in 1992; she finished third, behind Green and Ben Reyes, whom Green then defeated in the runoff and again in the 1994 primary. She had previously been talked about as a potential opponent for Green in more recent years, before her election to the State Senate. Make of that what you will.

Going back through my archives, I came across this post from 2014 about Green representing a Latino district and when that might change. Here’s what Campos, who is now working on the Garcia campaign, said at the time:

Having a Dem Latino or Latina in Congress from the H-Town area would be empowering to the community. What is missing is an articulate voice for us in Congress like on a day when the immigration issue is front and center. Who is going to argue with that?

I don’t buy into the notion that just because the local Latino leaders aren’t for something, it won’t happen. I can still recall the spontaneous immigration marches a few years ago that local Latino leaders were scrambling to lead.

I can picture a scenario where an articulate bilingual Latino or Latina leader steps up, grabs an issue and captures the attention of the community. That is certainly not racist, that’s politics. This discussion isn’t going away.

And my comment on that:

Sure, that could happen, and I agree that if it were to happen it would likely be a talented newcomer who can inspire people to pose a serious threat to Rep. Green. The problem is that that’s not sufficient. Look at the recent history of Democratic primary challenges in Texas legislative races, and you’ll see that there are generally two paths to knocking off an incumbent that don’t rely on them getting hosed in redistricting. One is via the self-inflicted wounds of an incumbent with some kind of ethics problems – think Gabi Canales or Naomi Gonzales, for example – or an incumbent that has genuinely lost touch with the base. In the past decade in Texas that has mostly meant Craddick Democrats, though one could argue that Rep. Beto O’Rourke’s win over Silvestre Reyes had elements of that.

What I’m saying is simply that there has to be a reason to dump the current officeholder. Look no further than the other Anglo Texas Democrat in Congress for that. The GOP has marked Rep. Lloyd Doggett for extinction twice, each time drawing him into a heavily Latino district in the hope of seeing him get knocked off in a primary. He survived the DeLay re-redistricting of 2003, then he faced the same kind of challenge again in 2012. His opponent, Sylvia Romo, was an experienced officeholder running in a district that was drawn to elect a Hispanic candidate from Bexar County. Having interviewed her, I can attest that she’d have made a perfectly fine member of Congress. But she never identified a policy item on which she disagreed with Doggett, and she never could give an answer to the question why the voters should replace their existing perfectly good member of Congress and his boatload of seniority with a rookie, however promising.

That’s the question any theoretical opponent to Gene Green will have to answer as well.

I think both my statement and Marc’s would stand up today. I’d say we’re likely to hear some form of these arguments over the next two months. In the meantime, I wonder if Garcia will roll out his own list of supporters soon. Better still if that list is accompanied by reasons why Garcia is the superior choice, and where he differs in matters of policy. I know that’s what I’d want to hear about if I lived in that district.

State wants birth certificate lawsuit dropped

I don’t know about that.

Texas Attorney General Ken Paxton on Wednesday asked a federal district judge to dismiss a lawsuit that claims a state agency violated the U.S. Constitution by denying birth certificates to U.S.-citizen children of immigrant parents.

Attorneys with Paxton’s office said that the Texas Department of State Health Services, which is being sued by 17 families living in Cameron, Hidalgo and Starr counties, has sovereign immunity under the 11th Amendment and cannot be sued in federal court because it has not waived that right, according to court documents.

The immunity extends to interim DSHS Commissioner Kirk Cole and State Registrar Geraldine Harris, who are also named as defendants in the suit, Paxton’s office argues.

A spokesperson in Paxton’s office would not discuss the filing further, saying the “motion speaks for itself.” A spokesperson for the health agency was not available to comment.

See here and here for the background. This sounds specious, more like an ideological argument than a legal one, and a get-out-of-jail-free card if it’s upheld. But I’m not a lawyer, so what do I know?

[Lead plaintiffs’ attorney Jennifer] Harbury said Wednesday afternoon that her team would file a response after reading the state’s motion. The problem appears more widespread than just the families in the lawsuit, she said.

“What I know is there is a very large number of people who are afraid to come forward,” she said.

That would not surprise me. The Chron and the Observer have more.

Lawsuit filed over state refusal to issue birth certificates

I’m sure this won’t be contentious at all.

For nearly 150 years, the United States, under the 14th Amendment, has recognized people born here as citizens, regardless of whether their parents were citizens.

But Texas has other plans. In the last year, the state has refused to issue birth certificates to children who were born in Texas to undocumented parents. In May, four women filed a civil rights lawsuit against the Texas Department of State Health Services alleging constitutional discrimination and interference in the federal government’s authority over immigration.

Jennifer Harbury, a lawyer with Texas RioGrande Legal Aid, who is representing the women, said the deluge of birth certificate refusals began last winter. “I’ve never seen such a large number of women with this problem,” she says. “In the past someone might be turned away, but it was always resolved. This is something altogether new.”

According to the lawsuit, the women who requested birth certificates for their children at the state’s vital statistics offices in Cameron and Hidalgo counties were turned away because of insufficient proof of their identities. State law allows the use of a foreign ID if the mother lacks a Texas driver’s license or a U.S. passport.

But employees at the offices, which are run by the Texas Department of State Health Services, told the women they would no longer accept either the matricula consular, which is a photo ID issued by the Mexican Consulate to Mexican nationals living in the U.S., or a foreign passport without a current U.S. visa. Undocumented Central American women are also being turned away because they only have a passport without a U.S. visa. “They are locking out a huge chunk of the undocumented immigrant community,” says Harbury.

[…]

James Harrington, an attorney with the Texas Civil Rights Project, is also representing the undocumented families. The legal team is seeking a court order to reinstate the use of the matricula consular and foreign passports as valid proof of identity for undocumented mothers.

“Even in the darkest hours of Texas’ history of discrimination, officials never denied birth certificates to Hispanic children of immigrants,” said Harrington in a written statement. “Everyone born in the United States is entitled to the full rights of citizenship.”

Here’s the Express-News story from May that the Observer post references; it has some more detail so read it as well. Just as a reminder, the 14th Amendment grants birthright citizenship, so I have no idea on what ground the Department of State Health Services thinks it has to stand. Here’s a bit from a press release from MALC that expands on that:

Recently, several parents were denied birth certificates for their U.S. born children by employees at offices administered by the Department of State Health Services, after administrators declined to accept their foreign government forms of identification. This is a major departure from prior practice, as parents had been able to obtain a copy of their child’s birth certificate by providing their passport or a consular ID from their country of national origin in lieu of a US-issued ID.

“The legal standing for this prerequisite is questionable. No section under Texas’s Health and Safety Code mandates that the Department require verification of immigrant status or national original before the issuance of a birth certificate to the parents of an American-born child. This practice also runs counter to the 14th Amendment of the United States Constitution, which grants citizenship to all children born in the United States, regardless of whether their parents are citizens.

The full statement is here. I’d hope this would spur a quick reversal, but I know better than to expect it. We’ll see what the courts have to say. TPM has more.

Rallying to save the Texas DREAM Act

It won’t be easy.

With a new Texas legislative session underway and incoming state leaders indicating a desire to repeal the Texas Dream Act, supporters of the law are gearing up for a renewed fight to keep it in place.

A group of about 60 students, businessmen and legislators gathered on the south steps of the Texas Capitol on Wednesday to voice their support for the act, which allows undocumented students to pay in-state college tuition after graduating from high school if they have lived in Texas for three years and have signed an affidavit promising to seek legal residency.

State Rep. Ana Hernandez, D-Houston, a former undocumented immigrant who benefited from the federal Immigration Reform and Control Act of 1986, was one of several speakers with a personal connection to the issue.

“I know that measures like [the Texas Dream Act] and the Immigration Reform and Control Act of 1986 can change a young adult’s life path, as it did mine,” she said.

[…]

State Rep. Jonathan Stickland, R-Bedford, has introduced legislation to repeal the Texas Dream Act. Lt. Gov.-elect Dan Patrick said he wants to end the act, and Gov.-elect Greg Abbott has indicated he wouldn’t veto any repeal efforts. Patrick and others have characterized the Dream Act as a reward and incentive for illegal immigration.

At Wednesday’s rally, Bill Hammond, the CEO of the Texas Association of Businesses — which endorsed Patrick for lieutenant governor but has opposed him on this issue — spoke about the economic and social impact of the law.

“They work hard, they go to school, they graduate, they do what we want them to do,” Hammond said. “They will be the future teachers, doctors, architects, engineers in Texas if we allow this program to continue.”

Just as a reminder, the Texas DREAM Act was passed in 2001 with near-unanimous support in both chambers. Times may or may not have changed, but the Republican Party sure has. As for Hammond, he and and his group are going to spend a lot of time fighting the candidates they endorsed on multiple issues. You’d think they’d eventually get tired of that, but I guess a corollary to the definition of insanity is that you believe that this time you really will get a different outcome. (The same problem exists in Congress, too, but, well, you know.) This session is going to be all about what the Republicans want to do, and what (if anything) anyone can do to stop them. Sure hope you kept your receipts on these guys, Bill. Stace, the Observer, the DMN, and Texas Politics have more.

It’s still Gene Green’s world

I have three things to say about this story about Rep. Gene Green.

Rep. Gene Green

Rep. Gene Green

The affable, low-key former printer’s apprentice is a legend across his gritty, blue-collar domain along the 54-mile Houston Ship Channel, where he represents the most heavily Hispanic congressional district in the nation that has not elected a Hispanic to Congress.

By virtue of his seniority and Republican control of every statewide office, Green is effectively the highest ranking Democrat in Texas politics.

“Whatever I do in Congress doesn’t help people unless I’m also back in my district doing things for them,” Green said. “It’s one of the reasons people have developed a trust relationship with me.”

Green, who is not fluent in Spanish, has organized citizenship days to help legal residents apply for U.S. citizenship in a district that is 76 percent Hispanic. He helped conduct a forum in mid-November that enabled hundreds of Houston-area residents to learn about and register for Affordable Care Act coverage in a state with 6.3 million uninsured. And he has sponsored job fairs twice a year to help the unemployed find work.

“We do a lot of things that provide service to people in my district – and that brings visibility,” said Green, who was a member of the Texas Legislature for 20 years.

Green is well known for his constituent service, and I have no doubt that it is a big part of the reason why he has been so successful in office, both in terms of electoral performance and keeping potential primary challengers at bay. But it’s not just about doing well by your constituents, it’s also about getting along with your peers and would-be rivals. Green works well with others, and has mentored or otherwise directly assisted numerous current officeholders. One example of such is State Rep. Armando Walle, whom Rep. Green supported in his successful primary election against Craddick Dem Kevin Bailey. I tend to think of former Rep. Bailey, who was basically a do-nothing that got crosswise with many of his peers for his support of then-Speaker Tom Craddick and who represented a district as Latino as CD29 is, as something like the anti-Gene Green. It’s not really a mystery why some folks are more successful, and thus long-tenured, than others.

Texas has 12 Democratic House members, but “Green stands out as a pragmatist who is not afraid to break with the liberal Democratic House leadership when he disagrees with its position on an issue,” said Rice University political scientist Mark Jones.

Indeed, Green has voted with the House Democratic leadership only 81 percent of the time – well below the 92 percent loyalty of Rep. Sheila Jackson Lee, D-Houston, or the 91 percent loyalty of Rep. Al Green, D-Houston.

Green, a loyal oil-patch lawmaker, has backed the Keystone XL Pipeline as well as legislation that would delay implementation of key components of the Clean Air Act related to cross-state air pollution and pollution standards for power plants.

“At least once a week in the Energy and Commerce Committee, I forget that Gene is a Democrat,” said Rep. Pete Olson, R-Sugar Land, who shares many of Green’s pro-energy positions.

Green’s devotion to helping Houston is apparent to colleagues, too.

“Though Gene and I often disagree on policy, he’s always ready to work across the aisle to get things done when it comes to what’s best for the Houston region and Texas,” said Rep. Kevin Brady, R-The Woodlands, who has served with Green for 16 years. “I’ve found his word to be as good as gold.”

Bipartisanship is a means to an end, not an end unto itself. Whether it’s a good thing or a bad thing depends on the particulars. Be that as it may, are there any Republican members of Texas’ Congressional delegation that could be described in similar terms as Rep. Green was in those paragraphs? Hell, are there any Republican members of Congress from any state that could be described in those terms? I’m thinking the answer is No, but feel free to supply an example if you think one exists. Honestly, if there were any such Republicans, I’d expect they’d be getting primaried within an inch of their lives about now.

When the time comes for Green to step down, at least seven Hispanics are widely expected to eye the seat, led by Harris County Sheriff Adrian Garcia, a former Houston police officer and City Council member who has outpolled Barack Obama in Harris County.

Other potential contenders include state Sen. Sylvia Garcia, a former municipal court judge and Houston city controller; term-limited Houston City Council member James Rodriguez; Houston City Council member Ed Gonzalez, a former police officer; and three state representatives: Carol Alvarado, Jessica Farrar and Ana Hernandez.

I’m sure there’s a long line of hopefuls for CD29 when Rep. Green decides to hang up his spurs. This is the first time I can recall seeing Sheriff Garcia’s name associated with this seat, however. Most of the talk I hear about him and other offices he might someday seek center on the Mayor’s office in 2015. If he has his eyes on a statewide office down the line, I’m not sure what the best springboard for him would be. I think he’s in pretty good shape where he is right now, and staying put until he’s ready for something bigger means he’s not putting anything at risk in the meantime, but I’m not his political adviser and I don’t know what he has in mind for the future. As for the other possibilities, I’ll just reiterate what I’ve said before about generational issues. Generally speaking, all things being equal otherwise, I would prefer a candidate that has statewide ambitions in his or her future to one who doesn’t. Our bench isn’t going to build itself, after all.

Keeping the push for immigration reform

From the Texas House:

Democratic Texas House members [have] filed an immigration resolution that could serve as a litmus test for Republican support for reforms being suggested at the national level.

House Concurrent Resolution 44, which urges the U.S. Congress to “swiftly enact and fund comprehensive immigration reform that creates a road map to citizenship,” comes after President Obama’s Tuesday State of the Union Address, where he again pushed Congress to craft a bill to address the 11 to 12 million people living in the country illegally, and to repair the nation’s existing immigration system. Filed by state Reps. Rafael Anchia, D-Dallas, and Ana Hernandez Luna, D-Houston, it incorporates statistics from the Texas Comptroller, the Cato Institute and the Partnership for a New American Economy, and statements of support for immigration reform from former state Reps. John Garza, R-San Antonio and Raul Torres, R-Corpus Christi, the Texas Federation of Republican Women and a national reform framework authored by a bipartisan group of U.S. senators.

Anchia said he wanted the resolution to have some substance and make a strong statement: that Texas can lead the way on immigration reform.

[…]

Anchia said he would reach out to the House Republican Caucus and open up the resolution to joint authorship. He said the timing was ideal after seeing that lawmakers in Texas were unwilling to pass “divisive” state-based immigration measures similar to bills passed in Arizona and Alabama.

“Texas has resisted that and I am proud of the state for having done that,” he said. “If we do not keep momentum going and it fails I worry we won’t be able to get anything accomplished for a long, long time.”

The resolution states that, according to a 2006 study conducted by the comptroller, the deportation of the millions of Texans in the state illegally would have resulted in a loss to the state’s gross domestic product of $18 billion. Figures from the Cato Institute indicate an overhaul of the country’s immigration system would add an additional $1.5 trillion to the country’s GDP.

HCRs aren’t bills, and if adopted they have no force of law behind them. They’re basically legislative petitions, saying “this is what we believe”. It’s a symbol, but if a resolution like this were to be adopted, especially by a strong majority, it would be a powerful symbol, one that just might perhaps get some attention from the folks who can do something about it. Our members of Congress, in other words. Of course, some of them need to hear it more than others. Congressional Democrats are almost entirely on board. Here’s the five Democratic Congressional freshmen from Texas opining on the subject:

Comprehensive immigration reform must include a pathway to citizenship for the 11 million to 12 million illegal immigrants living in this country who pass a background check, pay a fee along with back taxes and meet basic citizenship, civics and English language requirements.

In addition, the plan should include funding to increase the number of customs and border patrol officers at our ports of entry while also allocating resources to improve infrastructure at these ports. These investments will create jobs on both sides of the border and keep our border economies sustainable and thriving.

Immigration reform should include interior enforcement measures to improve the removal process for those who want to do our country harm. Worksite enforcement must also make mandatory the use of employment verification systems while improving that system to weed out criminals.

Finally, the package should reform temporary worker programs and create the opportunity for all, while ensuring we remain competitive in all industries and areas in our country and abroad.

The time is now to make the move on immigration reform, and we support efforts to carry out this monumental task. The time is now because of the needs of our country — the urgent need for a younger and more diverse workforce and the need to ensure that the next generation of Americans pays their fair share and keeps vital programs such as Medicare and Social Security solvent. We also need to know who is here so we can weed out those who pose a threat to our country and criminals who should not be here.

We will continue to secure this country from people who would do us harm and must support the men and women on the front lines of this effort by providing them with the necessary equipment and manpower to effectively protect our country. We, however, will remind our colleagues that some border cities like El Paso and others along the South Texas border are regularly ranked as the safest in the United States. We can no longer delay immigration reform. The time to move forward is now.

The words are clear, and the need is clear. Who’s on board, and who will stand in the way?

Testifying about the Women’s Health Program

More hearings like this, please.

Right there with them

The Texas Department of State Health Services got an earful today from lawmakers and women’s health advocates at a public meeting in Austin to discuss proposed rules for the Texas Women’s Health Program — specifically, the state’s plan to sacrifice 90 percent of federal funding for the program in order to exclude Planned Parenthood and prevent participating physicians from discussing abortion in any capacity with patients.

“Try to get the politics out of the way and do what’s best for Texas women,” said Rep. Donna Howard, D-Austin, before an eruption of applause from the audience. She emphasized a point reiterated by others testifying at the hearing: that the Women’s Health Program provides cancer screenings, birth control and wellness exams for 130,000 low-income women but does not provide abortions.

One of the proposed rules for the program states that a participating physician could not “promote elective abortions” by providing “counseling concerning the use of abortion as a method of family planning” — even outside the scope of the Women’s Health Program. Physician groups, including the Texas Medical Association, the Texas Association of Obstetricians and Gynecologists and the Texas Academy of Family Physicians, oppose the proposed rule, arguing it will put a “gag order” on physicians that could interfere with patient-physician relationships.

“We strongly oppose any interference into a physician’s ability to use his or her medical judgment as to the information that is in the best interest of his or her patient,” the groups wrote in a letter to DSHS.

[…]

Although Planned Parenthood clinics account for less than 2 percent of the providers participating in the program, 45 percent of women participating in the program chose to receive care at Planned Parenthood.

Opponents of the state’s decision to knock Planned Parenthood and other providers out of the WHP worry the state will not be able to provide an adequate health network. But the state and proponents of the reformed Texas Women’s Health Program say that won’t be a problem, as Planned Parenthood clinics make up a small portion of the 2,500 providers enrolled in the program.

What a silly argument that is. As we have discussed, the vast majority of existing providers in the WHP served at most ten clients. Claiming that the loss of Planned Parenthood will cause no disruption in service to the WHP patients is like saying there would be no disruption in the smarphone market if Apple were to disappear because hey, they’re just one manufacturer. You can find that letter to the DSHS here, and for more see State Rep. Ana Hernandez Luna’s op-ed in the Chron, and this letter from Senate Democrats to outgoing HHSC Chair Tom Suehs.

One Texas PAC

Catching up on something from before last week’s runoffs, there’s a new PAC in town with some big ideas for the future.

State Reps. Trey Martinez Fischer and Ana Hernandez Luna unveiled the One Texas PAC, with Martinez Fisher pledging to match the first $50,000 in donations.

The PAC will concentrate on supporting Hispanic candidates for the Texas Legislature, engaging Hispanic voters and mobilizing them in districts where they can make a difference in an election’s outcome, Martinez Fischer told The Associated Press. The group’s strategy of directly engaging voters sets it apart from other advocacy groups, he added.

“I want to talk to people because I believe if they understand what we stand for, they will realize there are people fighting for them,” said Martinez Fischer, chairman of the Mexican-American Legislative Caucus in the Texas Legislature.

Non-Hispanic whites make up less than half of the state’s population, and Hispanics are the fastest growing group in Texas. Both Democrats and Republicans are trying to recruit more Hispanics into their ranks, but Hispanic voters here go to the polls in small numbers compared to their population’s size and compared to other states. For example, eligible Hispanic voters in Texas turnout at half the rate of Hispanics in California.

Martinez Fisher said the new PAC hopes to get out the Hispanic vote by pointing out the stake they hold in Texas’ future. Demographers expect them to be the majority by 2020.

“Texas is running out of water and energy, our roads are deteriorating, and the next generation of Texans who have to face this reality will be less educated and in poor health,” Fischer said. “Apparently, our alleged pro-business Republicans think it is more important to attend tea-party rallies than confront this reality. One Texas will change that.”

The PAC’s website is here and its Facebook page is here. I had the chance to speak to Reps. Martinez Fischer, Hernandez Luna, and Armando Walle about this, and the main idea I got from them is that this is about addressing the infrastructure needs of a state with a young and growing population whose current leaders aren’t doing a damn thing about them. Martinez Fischer goes into some detail in this Rio Grande Guardian story.

Martinez Fischer is a Democrat from San Antonio who has served six terms in the Texas House. He said he and his colleagues formed One Texas PAC because Texas needs to move on from the politics of mañana that permeates the state Capitol in Austin.

“All of our problems, whether it is water, energy, transportation, education, public health… you get to the floor of the House in Austin, Texas, and the Republicans say, yeah, we will deal with that mañana. Mañana is the busiest day of the week in Austin, Texas. You never get to it. That is why One Texas is around and why we are going to change things,” he explained.

At a news conference held in McAllen on Friday, Martinez Fischer looked ahead to the time One Texas PAC’s goal is achieved.

“When we are one Texas we are not going to have the disparity in education and health care that we have today in our state,” he said.

“When we are one Texas we are going to have an infrastructure that is going to provide adequate water for the families and businesses that depend on it. We are going to be able to turn on the light switch and know we have safe, reliable and diverse power sources fueling our state. And, we also know that when our businesses want to relocate, and when moms and dads want to be able to get to that little league soccer on time, that we are going to have a transportation system that works.”

[…]

Martinez Fischer said the new PAC will use its funds to help tomorrow’s Latino leaders win election to public office. He said the PAC will also put out position papers on issues such as transportation, water, and energy to kick start a public policy conversation that currently does not exist in the highest echelons of state government.

“These are not issues out of the blue. They are ordinary, kitchen table issues that every Latino in the Rio Grande Valley talks about on a daily basis,” Martinez Fischer said. “The problem is they are not priority issues because they are not talked about at Tea Party rallies, they are not priorities because people think government needs to be smaller, because people want to cut spending. We can no longer cut spending. We need leaders who can do three things: make hard decisions, make smart investments and ask Texans to share in the sacrifice.”

Martinez Fischer noted that historically, Latino leaders have focused on civil rights, education and health care. He said new Latino leaders must also tackle transportation, water and energy issues because it is increasingly going to be Latino households that provide the taxes to fund the state’s infrastructure needs.

“We have this looming infrastructure crisis, and what we need to do is start thinking big again,” Martinez Fischer said. “We need responsible leaders, Hispanic leaders that recognize this is becoming a Latino problem. Because, as we become the majority of the population in this state – we are 38 percent of the statewide population today – these problems are either going to be fixed by Latino leaders that are in school and colleges right now, or it is going to be financed by the taxpayers that are going to be largely Latino that have to pay taxes to support these projects.”

What I like about this approach is that it’s not just about trying to win the next election, it’s about looking beyond that at the issues that are important now and will become crises if we don’t start addressing them now. It’s about understanding these issues and supporting leaders who understand them and want to engage the public in trying to solve them. Hey, someone’s got to do it. One Texas PAC has already met its initial goal of raising $100K – they may be policy-oriented but they’re still a PAC, and you have to win elections to affect policy – mostly with the support of incumbent House members. They’re continuing their push, and they’re worth your support. Check ’em out.

Sylvia and Mario

Last week, Robert Miller mentioned that there was talk that former County Commissioner Sylvia Garcia might challenge Sen. Mario Gallegos in the 2012 primary. PDiddie expanded on that, and the chatter eventually led to a denial from both politicians via their shared consultant, Dan McClung; Campos pooh-poohed the denial. So basically, believe what and who you want about this. If it’s going to happen, we’ll know soon enough.

What I know is that I’ve been redistricted out of SD06, so if it does come to pass, I won’t be forced to pick a side between two people I like. Sen. Gallegos has done a lot of good representing this district; he’s certainly voted as I would want him to most of the time. I have no doubt that Garcia would also do an excellent job if she were to be elected. Having said that, let me say this: Whether by his choice or not, if it is time for new blood in SD06, what I would prefer to see is some actual new blood. There are four young, talented, and (I hope) ambitious State Reps whose districts include parts of SD06: Jessica Farrar, Carol Alvarado, Ana Hernandez Luna, and Armando Walle. Farrar is now a senior member of the House – she was the Democratic Caucus Chair this past session and did a fine job under terrible circumstances – which is a good argument for her to stay put, but the others have no such constraint. If there’s going to be a change in SD06, this is where I’d go looking for it.

Again, I mean no disrespect at all to Sen. Gallegos, who as far as I know isn’t going anywhere, or Sylvia Garcia, who was an outstanding member of Commissioners Court and who I still think would make a great Harris County Tax Assessor. I just see this as a logical extension of the case for Joaquin Castro in CD35. I’ve yet to hear a single Democrat in Texas tell me lately that we’re doing just fine with what we’re doing now. Well, if change is what we want then a key aspect of that is to make way for the next generation of leaders. Sen. Mario Gallegos isn’t going to run statewide for anything, but Sen. Walle or Sen. Hernandez Luna or Sen. Alvarado might. Hell, if one of them were to succeed Sen. Gallegos in 2012, I’d start beating the drum for them as a statewide possibility in 2014. If we’re not thinking about this sort of thing, we’re setting ourselves up for failure in the future.

Nobody knows when Texas is going to turn blue. I think it’ll happen this decade, but beyond that it’s a straight up guess. There are a number of factors that will affect that, and one of them is the quality of the candidates we put on the ballot going forward. If there’s an opportunity to upgrade our bench, we need to take it. What exactly do we have to lose?