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Dan Huberty

Bye bye, Bonnen

Wow.

Rep. Dennis Bonnen

First-term Texas House Speaker Dennis Bonnen on Tuesday announced he will not seek reelection to the lower chamber in 2020 — completing a stunning fall for the Angleton Republican who enjoyed near unanimous support in the House just months earlier.

“After much prayer, consultation, and thoughtful consideration with my family, it is clear that I can no longer seek re-election as State Representative of District 25, and subsequently, as Speaker of the House,” Bonnen said in a statement, which included a list of 43 House Republicans — a majority of the House GOP Caucus — that the speaker said “have made clear that it is in the best interest of both myself and the House to move on.” (Bonnen’s own brother, Greg Bonnen of Friendswood, was among those on the list.)

[…]

Bonnen’s decision not to seek reelection means his seat in House District 25 will be open for the first time in over two decades. One Republican, emergency room nurse Rhonda Seth, was already running for the seat before Tuesday, aiming to take out Bonnen. The district in southeast Texas is solidly Republican.

With Bonnen’s exit, members will be jockeying among one another to become the next speaker. That election officially won’t happen until the next time the Legislature convenes, which is scheduled to happen in January 2021. In the meantime, if Bonnen remains in place until then, he can carry out typical interim duties, which include assigning issues for committees to study ahead of the next legislative session.

The race to replace Bonnen is coming ahead of a competitive election cycle for Republicans, who, after losing a dozen House seats to Democrats in 2018, are gearing up to hold onto their majority in the lower chamber. If Democrats were to flip nine seats and hold onto the dozen they picked up, they could be the party in power in the House and, consequentially, elect a member from their caucus to lead the lower chamber.

It’s unclear what role — if any — Bonnen will play in 2020 in helping to hold onto the GOP seats. In July before Sullivan’s allegations surfaced, Bonnen announced he had infused a new political action committee with $3 million to support House Republicans running for reelection. Since the speaker became engulfed with the drama though, some members have privately wondered whether Bonnen would be a help or hindrance to their fundraising efforts heading into the election cycle.

Shocking, but in retrospect not at all surprising. The day had started with this story about Republicans abandoning the Bonnen ship:

Some of the most powerful Texas House Republicans said Monday they no longer support GOP Speaker Dennis Bonnen, marking the biggest blow yet to his political future amid the fallout from a secret recording released last week by a hardline conservative activist.

Five Republicans considered senior members of the lower chamber issued a statement withdrawing support for him: State Reps. Four Price of Amarillo, Dan Huberty of Houston, Lyle Larson of San Antonio, Chris Paddie of Marshall and John Frullo of Lubbock.

“As long-serving members of the Texas House, we informed Speaker Bonnen earlier today that we no longer support him as our Speaker,” they said in a joint statement released Monday night. “It is clear that trust and confidence in the Speaker has significantly eroded among our membership, and the matter has both damaged the reputation of the House and relationships among individual members.”

All five members were closely aligned with Bonnen this year during his first session as speaker. A number of them also chair some of the chamber’s most powerful committees: Price chairs the House Calendars Committee; Huberty heads the Public Education Committee; Larson chairs the Natural Resources Committee; and Paddie chairs the Energy Resources Committee.

Later Monday night, another high-profile chair, Phil King of Weatherford, who heads the Redistricting Committee, joined the calls for Bonnen to resign. So did Sarah Davis, R-West University Place, who said on Twitter she planned to pen a letter on Tuesday to the caucus chair requesting a caucus meeting to vote on it. Even Dan Flynn of Van, who just days before had reiterated his support for Bonnen, said he could no longer support the speaker.

See here for the previous update. Clearly, things snowballed from there. Bonnen likely could have won re-election – HD25 is indeed a strong R district, where Ted Cruz got nearly 70% – as there were no big name primary challengers yet, but he was certainly toast as Speaker, and I guess he didn’t want to deal with life as a regular member again. I’d have had a hard time with that too, given all that has come out. I supported Bonnen as Speaker this year – he was hardly ideal from my perspective, but he was smart and was effective as Speaker pro tem. Dems did all right under him. I’m still shocked that he was dumb enough to trip over his own dick like this. Rick Casey summarizes it well in describing Bonnen’s ill-fated meeting with MQS as “almost criminally stupid – both tactically and strategically.” I don’t know what happens from here – obviously, Dems winning enough seats to put one of them at the podium would be best, but someone from the wingnut faction could end up on top as well – but at this point it’s hard to be sorry about what happened. Dennis Bonnen brought this on himself. He deserves what he’s getting. Good riddance. A statement from the TDP (which has also moved to dismiss its lawsuit over the recordings) is here, and Texas Monthly, the Chron, the Texas Signal, the Observer, and the Current have more.

The tax swap is dead

For this session, at least. Most likely, barring anything strange.

State Rep. Dan Huberty, the top public education leader in the Texas House, postponed two items of legislation Tuesday that would pay for long-term, ongoing school district tax cuts by raising sales taxes — effectively killing any chance of passing the legislation this year.

Huberty tabled until 2021 — the next legislative session — House Joint Resolution 3 and the accompanying House Bill 4621, which would ask voters to increase the state sales tax by one penny to buy down school district property taxes. The Houston Republican’s move came the day after the Senate, headed by a lieutenant governor who had endorsed the proposal, stripped such a provision from its version of the school finance bill in what was perhaps a signal that the measure would be dead in the upper chamber anyway.

Despite Tuesday’s postponement, the idea could still be revived this session; lawmakers could use a different bill as a vehicle to fund school district tax cuts.

Huberty criticized members of the Senate on Tuesday who “have spent their whole careers calling for property tax relief” but did not vote for the school finance measure the day before. And he repeatedly affirmed questions by House colleagues that suggested state Sen. Paul Bettencourt, the Houston Republican who leads the upper chamber’s property tax committee, had failed to take responsibility for coming up with a viable mechanism for property tax cuts when he was part of a school finance commission last year and during the current legislative session.

Bettencourt has arguably been the most vocal GOP senator opposed to the tax swap proposal, a position that has caught some by surprise since he’s closely aligned — both personally and professionally — with Republican Lt. Gov. Dan Patrick, who has made clear he supports the measure. Bettencourt marked himself “present, not voting” on the school finance bill Monday, while the majority of the upper chamber approved the legislation. And on Tuesday morning, ahead of business in both chambers, Bettencourt took to Facebook to once again reiterate his opposition to the tax swap, saying there is “simply no need to raise taxes even higher.”

In response to House members’ criticisms, Bettencourt said he’s long been clear about his concern that the tax swap proposal could amount to a tax increase. When Huberty proposed that the tax swap devote 80% of the new sales tax revenue to property tax cuts and the remainder to public school funding, for example, “I immediately red-flagged that,” Bettencourt said.

“Emotions run high when bills fail,” Bettencourt said. “If you have the votes, pass your bill — don’t blame somebody in the other chamber. That’s just kind of a rule that I’ve learned.”

[…]

On Tuesday morning, before the House gaveled in for the day, Bonnen told House Republicans during a caucus meeting that there would be no point in bringing up the proposal for a vote in the lower chamber if it was considered dead in the Senate, according to multiple people who were at the gathering. Caucus members at the meeting, according to those sources, largely agreed with Bonnen, who said the Senate stripping such a provision from its version of the school finance bill Monday suggested the upper chamber couldn’t muster enough support to approve a tax swap proposal.

After Huberty postponed the tax swap legislation, a Bonnen spokesperson said in a statement that the proposal had been “an opportunity for lawmakers to further reduce property taxes” and sustain tax relief found in the lower chamber’s school finance bill.

“Speaker Bonnen believes it is in the House’s best interest to devote the limited time left in session to our Day One priorities — passing legislation to provide meaningful school finance and property tax reform for all Texans,” the statement read.

See here for some background. To an extent, I agree with Bettencourt, in that a sales tax increase is a terrible idea. Of course, Bettencourt sees no need to pay for tax cuts. He just wants to cut them, and nothing else really matters as far as he’s concerned. The tax swap is a terrible idea that deserved to die, but at least Huberty was trying to pay for what he wanted to do. What happens next, with school finance and everything else, we’ll see.

Where goes the tax swap plan from here?

We start with the double down.

Showing their usual united front, the state’s “Big Three” political leaders on Friday tried to remake their case for why the Texas Legislature should deliver on long-term, ongoing property tax relief before the session wraps up this month.

They also expressed confidence that they would get the work done — even as House Democrats said they appeared to have the votes to block the lower chamber’s current main vehicle to provide the biggest property tax cut.

“Our goal is really simple: We’re going beyond the point of hoping to reform property taxes to the point where we’re hoping to to deliver true property tax relief through property tax reductions,” Gov. Greg Abbott said at a Capitol press conference Friday afternoon, flanked by Lt. Gov. Dan Patrick and House Speaker Dennis Bonnen, the Republican leaders of the Senate and House, respectively.

The three reaffirmed their commitment to a proposal that would increase the state sales tax one percentage point, raising about $5 billion per year to lower school district tax rates — which many have seen as a long shot from the start, with lawmakers from both parties skeptical about a sales tax hike.

The proposal has been moving through the Capitol so far in the form of a joint resolution, which needs two-thirds of each chamber to pass — at least 100 votes to pass the House and 21 votes to pass the Senate. If it passed both chambers, the proposal would then land on the November ballot for voters to decide, which leaders in support of the resolution have framed as a more democratic process.

House Joint Resolution 3 — which would ask voters to approve the sales tax swap for property tax relief — and its enabling legislation, House Bill 4621, passed out of the House Ways and Means Committee on Wednesday. The tax swap is expected to head to the lower chamber for a debate Tuesday.

The original version of the bill would have used 20% of the increased sales tax revenue to fund schools and 80% for property tax relief. That changed earlier this week, when state Rep. Dan Huberty, a Houston Republican who authored the legislation, tweaked the proposal to instead funnel all new sales tax dollars into property tax relief.

The move seemed to be an effort to bring on some of the Legislature’s more conservative members who had signaled they could be on board with a proposal if the new revenue was entirely dedicated to property tax relief. But it also seemed to solidify Democrats’ opposition to it, especially since the sales tax is regressive, meaning it takes a higher percentage of income from poorer people than richer people. A sales tax swap would raise taxes overall for Texas households earning less than $100,000 and would bring tax relief for households above $100,000.

State Rep. Chris Turner, who chairs his House Democratic Caucus, told The Texas Tribune that there are more than 60 “hard no” votes from Democrats against the proposal. If that opposition sticks for Tuesday’s expected vote on House Joint Resolution 3, its chances of passing the lower chamber would seem unlikely.

Patrick said he hoped both chambers would be able to get the needed two-thirds approval for the joint resolution from each chamber, but indicated he was open to getting it passed in different ways, exclaiming, “If it doesn’t, we’ll make it happen anyway!”

Sure, Dan. If you want to know why some of us are so skeptical of this, while plutocrats like Dan Patrick love it, consider this.

The state-run Legislative Budget Board estimated that the top 40% of wealthiest Texas households would see enough property tax savings to offset their increased sales tax payments in fiscal 2021. The bottom 60% of Texas households would pay more in taxes overall.

Households that make less than $99,619 would pay a total of $171 million more in taxes under the tax swap. Households that make more than that would pay a total of $424 million less in taxes, according to the analysis.

The disparity is because poor Texans tend to spend a greater portion of their money on taxable items.

The bottom fifth of Texas household incomes — those with incomes less than $37,630 — spend about 7.3% of their income on state sales tax while households in the top fifth of incomes — those with incomes of $149,453 and more — spend 1.6% of their income on state sales tax, according to the Texas Comptroller of Public Accounts.

Of course, we’ve known this forever, but the same bad idea crops up every few years and gets beaten down by the club of the same evidence. So we go through the motions. You can catch up on reading about this at various locations – the DMN, the Chron, Better Texas Blog with a handy chart – but be sure to read the analyses of the politics of this by Ross Ramsey and Scott Braddock. The reason the Big Three are putting on such a show of bravado is because they’re holding an eight-high hand in a game of five card stud, and they know it. And as Braddock notes on Twitter, so do members of the Lege.

Which may be why in the end, we got this.

The Texas Senate on Monday approved a bill to massively overhaul public school finance, but did so while backing away from a proposal to use an increased sales tax to lower school district property taxes.

After an hours-long debate on dozens of proposed changes, the Senate voted 26-2 on House Bill 3, which under the version passed by the upper chamber would increase student funding, give teachers and librarians a $5,000 pay raise, fund full-day pre-K for low-income students, and lower tax bills.

The House and Senate will have to negotiate their significant differences over the bill — including how to offer teacher pay raises and property tax relief — in a conference committee before it can be signed into law.

“When you’re doing something as complex as this, there’s going to be something you don’t like,” said state Sen. Larry Taylor, R-Friendswood, the bill’s author, anticipating tension throughout the day’s debate.

[…]

Taylor stripped the [sales tax] increase from HB 3 and offloaded some of the more expensive property tax relief provisions in the bill. The bill no longer includes an expansion in the homestead exemption from school district taxes. It lowers property tax rates by 10 cents per $100 valuation, instead of 15 cents, saving the owner of a $250,000 home $250 instead of $375.

The legislation would still limit the growth in school districts’ revenue due to rising property values, a proposal pitched before session began by the governor. School districts that see their property values significantly increase would have their tax rates automatically reduced to keep tax revenue growth in line. That would now start next year, instead of in 2023.

“The bill before us today has no linkage to the sales tax and is not contingent upon a sales tax,” Taylor said.

Instead, the bill creates a separate “Tax Reduction and Excellence in Education Fund” to fund school district tax relief. State Sen. Kirk Watson, D-Austin, said a working group came up with a plan to get $3 billion from several sources, including the severance tax on oil and gas extraction and an online sales tax.

“This does not increase any taxes of any kind,” he said.

So does this mean that the tax swap is dead? Well…

In for a penny, in for a million pounds, I guess. Have fun taking that vote, Republicans.

More action on the school finance/property tax front

From Tuesday:

Rep. Dan Huberty

The Texas House gave preliminary approval to a priority property tax reform package Tuesday, teeing it up for negotiations with the Senate and impelling the upper chamber to act on an omnibus school finance measure.

Together, the education and tax overhaul bills have been the top policy issues of the 2019 legislative session, and they are ultimately expected to be ironed out behind the scenes — and perhaps simultaneously.

Tuesday’s vote marks a small milestone for House leadership, which has muscled its must-pass budget, public education and tax reform bills to passage, all before the last month of session begins. But the House and Senate will next need to reconcile notable differences among the three measures, and the upper chamber has yet to move the school finance bill out of committee.

“We have done our job in the House — and we have sent everything over to the Senate,” said state Rep. Dan Huberty, R-Houston, author of the school finance bill.

Senate Bill 2 was approved on a 107-40 margin after a half-dozen hours of debate. More than 20 Democratic lawmakers broke party ranks to support the measure, which has garnered adamant opposition from city and county officials since its introduction.

See here for the previous update. The House version of SB2 makes it contingent on the House version of school finance reform passing, namely HB3. The Senate started that process yesterday.

The Senate Education Committee held a hastily arranged hearing Wednesday morning to vote out comprehensive school finance reform legislation — accelerating the bill’s journey to the Senate floor and eventual negotiations with the lower chamber.

The fast-tracked revision and vote on House Bill 3 came the day after House lawmakers voted through a property tax reform bill, making it contingent on school finance reform passing this session. State Sen. Larry Taylor, the Senate Education Committee’s chair, had originally told The Texas Tribune on Tuesday he did not anticipate a committee vote on school finance until Thursday or next week.

The full Senate is now expected to vote Friday on the legislation, which aims to increase the base funding for each Texas student, increase teacher pay, provide money for full-day preK for low-income students, and allow for long-term property tax relief.

Many details of the bill still need to be ironed out, however, and committee members voted Wednesday without an official analysis of how their districts would fare financially. Still, the vote seemed to address concerns that the Senate was moving too slowly on school finance.

[…]

Senate Education Committee members voted out a version of the school finance legislation that differs in many ways from the version the House voted out in early April. It includes a $5,000 across-the-board raise for full-time classroom teachers and librarians, funding for districts that want to pay higher-rated teachers more, money for districts with better student academic outcomes, and a few different long-term property tax relief proposals.

The House’s version of the bill requires districts to use a portion of their additional base funding per student on raises for all school employees and designates extra money for raises to be given at districts’ discretion. It lowers school tax rates by 4 cents per $100 valuation — $100 off a tax bill for the owner of a $250,000 home — and lowers rates further for districts taxing higher. But it doesn’t include a proposal for long-term, ongoing tax relief.

As we know, the Republican plan to pay for property tax “relief” is raising the sales tax. That would require a constitutional amendment, and for the House version of the joint resolution to be voted out of committee by next Tuesday at 11:59 PM. As you know, I think that’s a terrible idea and am rooting for it to fail. The clock is ticking, but at least by next Tuesday we’ll know what parameters the conference committees will have to work with.

One more thing, from the first story:

Few attempts to make major changes to the bill were successful Tuesday.

One amendment, from state Rep. Charlie Geren, R-Fort Worth, seems to bar anyone but licensed attorneys from representing taxpayers in the property tax appeal process on a contingency fee basis. The change would likely affect the author of SB 2, state Sen. Paul Bettencourt, a Houston Republican and a property tax consultant.

“It affects a lot of people. We’ll talk about it in conference,” Geren said. He added, “I don’t believe in contingency fees, but if we have to have contingency fees to do this, then I want the lawyers to do that.”

Heh. Someone please give Charlie Geren a fist bump for me. The Chron has more.

Yes, they really are now pushing a sales tax for property tax swap

Some bad ideas never die.

Texas’ top three political leaders — Gov. Greg Abbott, Lt. Gov. Dan Patrick and House Speaker Dennis Bonnen — threw their support Wednesday behind a proposal to increase the sales tax by one percentage point in order to lower property taxes across the state.

But that’s only if lawmakers agree to limit future local property tax increases.

The proposal would raise the state’s sales tax from 6.25% to 7.25%, generating billions of additional dollars annually for property tax relief, if voters approve a constitutional amendment. But the idea will be a hard sell to Democrats, since the sales tax is considered regressive, meaning lower-income Texans end up paying a larger percentage of their paychecks than higher-income Texans.

“Today we are introducing a sales tax proposal to buy down property tax rates for all Texas homeowners and businesses, once Senate Bill 2 or House Bill 2 is agreed to and passed by both Chambers. If the one-cent increase in the sales tax passes, it will result in billions of dollars in revenue to help drive down property taxes in the short and long term,” said a joint statement from the three Republicans.

Neither chamber has passed HB 2 or SB 2, which would require voter approval of property tax increases over 2.5%.

The House Ways and Means Committee was scheduled to take public testimony on the House’s sales tax swap proposal this week but delayed hearing the bills. Rep. Dan Huberty, R-Houston, who authored House Joint Resolution 3 and House Bill 4621, is considering changing the legislation to use a fraction of the additional money generated by the sales tax for public schools — in order to get more Democrats on board.

The bills are intended to provide another revenue source to help significantly cut down local school property taxes, which make up more than half of the local property taxes levied in Texas.

If the Legislature approves the resolution, the constitutional amendment would go to voters to approve in November, and if voters sign on the tax rate change would apply in January 2020.

See here for the background and my opinion about this lousy idea. Given that a constitutional amendment is needed for this, it will be easy enough to prevent it from happening. The progressive case against swapping out property taxes, which will disproportionately benefit commercial real estate and wealthy homeowners, for regressive sales taxes, is clear cut, and likely to hold a lot of sway with the current Democratic caucus. There’s also polling evidence to suggest that the public doesn’t care for a sales tax increase. I’m a little skeptical of that, since the question was not asked in conjunction with a potential cut in property taxes, but that’s an argument for the Republicans to make, and given the baked in doubt about anything actually reducing property taxes (for good reason!), I’d take that bet. HB2 is up for debate today, so we’ll see how this goes. The Chron and Texas Monthly have more.

House moves its school finance bill

Step two of the process.

Rep. Dan Huberty

The Texas House Public Education Committee unanimously signed off on a comprehensive $9 billion school finance and property tax reform bill Tuesday — but only after removing a controversial educator merit pay provision that had angered teachers unions.

House Bill 3, filed by committee chair Rep. Dan Huberty, R-Houston, would put $6.3 billion into public schools and $2.7 billion into property tax reform. The bill will likely head to the full House soon, where more than 100 have already signed on as co-sponsors.

“Everybody’s opinion is welcome,” said Rep. Ken King, R-Canadian, before voting to approve the bill. “I would just hate to see the destruction of a valiant effort because somebody didn’t like one little piece on it.”

The initial version of HB 3 included money for districts that wanted to rate their teachers and provide the top-rated ones with more money, modeled on a Dallas ISD program that Republican Gov. Greg Abbott has touted.

“The language we ended up with to some degree could have been construed as tied to [the state’s standardized test] and created a little bit too much authority as we went forward,” Huberty said, explaining the change in the bill.

[…]

HB 3 does not include an across-the-board teacher pay raise, with Huberty and Republican House Speaker Dennis Bonnen arguing school districts should instead have local control to decide how to use additional funding. The Senate already unanimously passed Senate Bill 3, which would put $4 billion toward $5,000 raises for full-time classroom teachers and librarians.

Educators and advocates have appeared divided in their support for the two bills, which will need to be reconciled in some form later this session.

See here, here, and here for some background. Now is when the real sausage-making begins, as everyone agrees that Something Must Be Done, but views differ from there. The most likely scenario is that something gets hammered out in a conference committee in the very last days of the session. It’s hard to say at this point which chamber’s bill, or which provisions of each bill, have the advantage. Sometimes it just comes down to who gets on the committee. Expect there to be a bunch of amendments to both bills as they come to their respective floors, which may bring them closer together and may heighten their differences, with the extra joy of shenanigans and other partisan games always in the offing. It’s stuff like this that makes political junkies what they are.

Inevitably, we come back to a sales tax/property tax swap

It’s an idea we just can’t seem to quit.

Texas lawmakers are considering an infusion of $9 billion to improve public schools and lower property taxes over the next two years. The additional $6.3 billion in the classroom is being billed as a transformational effort to better educate the state’s 5.4 million students, while another $2.7 billion would stem the tide of escalating property taxes for homeowners.

“If we’re going to make some strides on these really big items, it really has to happen this session,” said Rep. John Zerwas, R-Richmond, chairman of the influential Appropriations Committee.

While lawmakers are confident the state’s booming economy will provide big bucks to spend on public schools, they are also pitching a number of plans to increase the state sales tax in the future. The proposals include hiking taxes on items such as sweet snacks, gasoline, e-cigarette fluid and heavy machinery rentals. But the proposal with the most apparent momentum is a tax swap that would allow local governments to charge a higher sales tax in exchange for reducing property tax levies.

Even raising the sales tax by one percent “contributes a lot of money” that school districts, cities and counties could use to offset reductions in property tax revenue, Zerwas said. Some estimates predict such an increase would raise more than $5 billion a year. The statewide sales tax rate is now 6.25 percent a year. Local governments can add up to two percent.

Although Republicans are leading the charge with major tax swap proposals, it’s unclear how they will fare in the GOP-led House and Senate, particularly among lawmakers who narrowly won their reelections as Texas Democrats gain ground.

Financial implications of the bills are shaky. Several tax bills were filed a week ago, just under a deadline, and have yet to be analyzed by the Legislative Budget Board which predicts financial effects.

Increasing reliance on the sales tax troubles Eva DeLuna Castro, a budget and policy expert with the left-leaning Center for Public Policy Priorities. Not only is a sales tax considered regressive for taking more money from low-income people than the rich, but its collections are more susceptible to the ups and downs of the economy, she said.

“You need to find a revenue source that doesn’t all the sudden tank on you. Or if you know that it is going to do that, you need to put most of it away for a rainy day and use it when that rainy day comes,” she said.

[…]

Rep. Drew Springer, R-Muenster, is proposing Texas increase taxes on gasoline and close tax exemptions on items like ice cream, certain baked goods, e-cigarette vapor fluid and over-the-counter medicine.

“I don’t think people realize their ibuprofen is tax-free,” said Springer. In exchange, House Bill 2915 would allow the state to lower the maintenance and operations property tax that funds schools. His bill would also increase the homestead exemption to 50 percent of a home’s value. Texans in a home valued at $274,000 would average $1,400 a year in property tax relief, he said, amounting to $6.2 billion less in property tax collections statewide.

Another bill, House Joint Resolution 3, proposes inching up the sales tax and using money from that increase exclusively for public schools. The resolution is proposed by Rep. Dan Huberty, R-Houston, the architect of the House’s $9 billion school finance plan. The measure would require a vote in November to change the state Constitution and increase the statewide sales tax, which is now 6.25 percent. Huberty emphasized that raising the sales tax is just one measure under consideration, and that it’s still too early to pencil in numbers.

“We have to put more money into the system. It’s our responsibility,” Huberty said Thursday at an event hosted by the Texas Tribune.

Rep. Chris Turner, D-Grand Prairie is proposing the state systematically examine each tax exemption every six years to decide whether it is needed. House Bill 3968 will raise revenue by expiring out-of-date tax “loopholes” over time, he said, and is a good alternative to raising sales taxes.

“It is important to note that Texas already has a high sales tax — 8.25 percent in most areas,” said Turner, who chairs the House Democratic Caucus. “The lower someone’s income, the more it hurts, so an increase in the sales tax will hurt a lot of Texas families.”

This comes up every few years – in 2005, in 2007, in the 2012 and 2014 elections – and each time we confront the fact that swapping property taxes for sales taxes greatly benefits property owners while burdening lower income folks the most. That’s a feature and not a bug, as far as its Republican advocates are concerned. I appreciate that at least this time it’s being proposed in the context of putting more money into schools, which would then have the effect of easing the pressure on local property taxes, but the same problem remains. Rep. Turner’s proposal to evaluate tax breaks also comes up whenever sales-tax-increase bills are filed, and it usually gets quietly ignored as the higher-profile swap bills eventually die. It’s still a good idea, it just never gets any momentum behind it. Rep. Springer’s idea to expand the sales tax to more things also comes up in conjunction with swap bills, and there is merit to this approach as well, though the real money is in taxing services, which is pretty much as big a taboo as an income tax is.

To review: I support requiring a process to scrutinize and sunset every tax break we have on the books, and I support at least exploring the imposition of a sales tax on selected goods and services where it is not currently imposed. If the goal of that is to put more state money into public education, and one result is that it allows local governments to ease up on property tax collections because they are no longer trying to make up for the state’s inadequacies, I would consider that a good outcome. The Trib has more.

Senate files its school finance bill

Here it is.

Sen. Larry Taylor

On the night of the deadline to file bills this legislative session, Texas Senate leaders turned in their first crack at legislation designed to reform school finance — rounding out a series of proposals in the upper chamber aiming to address rising property taxes and fix the way the state pays for its schools.

The bill was clearly incomplete and included some placeholder language. But its Republican author, Senate Education Chairman Larry Taylor, said it includes proposals that would fund full-day pre-K, incentivize school districts to improve their third-grade reading performance, offer money for teacher merit pay and increase funding for low-income students. The bill does not appear to require school districts to use standardized tests to determine funding.

Taylor didn’t give an indication of how much the bill would cost, or how it would affect local school district property taxes.

“Our focus should be on improving the academic outcomes of our low-income students, who make up the largest and fastest growing demographic in our public school system,” he said in a statement.

Some of the proposals in the bill appear similar to recommendations from a state school finance commission, which Taylor helped create.

See here, here, and here for some background. We don’t know enough about this bill yet – if there’s ever an application for the old saying about the devil being in the details, it’s with school finance bills – but so far I don’t see anything that makes me want to put my shields up. We’re starting out in a better place now than we’ve done in previous sessions. We still need to finish there.

Here comes the House school finance plan

Not surprisingly, they go bigger than the Senate.

Rep. Dan Huberty

With Texas House lawmakers unveiling their long-awaited school finance proposal Tuesday and the Senate’s version likely close behind, teacher pay appears to be emerging as one of the biggest sticking points between the two chambers.

House Public Education Committee Chairman Dan Huberty, R-Houston, and House Speaker Dennis Bonnen, R-Angleton, laid out their reform proposal at a press conference Tuesday, calling for raising minimum salaries for a broad group of educators, increasing health and pension benefits, and offering opportunities for merit pay programs. That approach differs substantially from the $4 billion proposal that sailed through the Senate on Monday that would provide mandatory across-the-board $5,000 raises for classroom teachers and librarians.

When asked about the Senate’s proposal, which Lt. Gov. Dan Patrick has championed, Bonnen said, “I don’t know how you call a $5,000 across-the-board teacher pay raise … with no discussion of reducing recapture, no discussion of reducing property taxes, no discussion of early childhood education, no discussion of incentivizing the teachers going to a tougher school to teach” a school finance plan.

“What we have is a plan,” he added. “I think teachers are some of the smartest people in Texas, and they are going to figure out that the Texas House has a winning plan for the teachers and students in Texas.”

[…]

The House proposal, House Bill 3, would increase the base funding per student while requiring school districts to meet a higher minimum base pay for classroom teachers, full-time counselors, full-time librarians and full-time registered nurses. Many districts already exceed the current minimum salaries for educators at different experience levels.

It would work hand-in-hand with House Bill 9, filed Monday by the speaker’s brother, Rep. Greg Bonnen, R-Friendswood, which would increase the state’s contribution to Teacher Retirement System pensions over time while keeping active member and district contributions the same.

HB 3 would also provide funding for districts that offer a merit pay program, rating their teachers and providing the top-rated ones with more money — modeled on a Dallas ISD program touted among lawmakers. The Senate is expected to include a similar proposal in its school finance bill later this week.

The politics surrounding the Senate’s teacher pay raise bill this session are unusual, with Patrick, who has previously clashed with educators, advocating for a proposal many teachers like. Meanwhile, conservative group Empower Texans, a key contributor to Patrick’s campaign, has come out against the bill, with one employeecriticizing conservatives like Patrick for “kowtowing” to liberals.

That bill has divided the education community, with superintendents and school boards arguing they need more flexibility with additional funds and many teachers supporting the directed raises.

Huberty said Tuesday that the House would “certainly have a hearing on that [Senate] bill” but that the school finance panel that worked to develop recommendations for lawmakers did not include across-the-board raises.

He said HB 3 provides more opportunity for local school boards and superintendents to decide how to use increased funding. More than 85 House members have signed on as co-authors of HB 3, and in a public show of support, many of them were present at Tuesday’s press conference.

See here and here for some background. A preview story about the House bill is here, and a story about that Senate bill is here. The Senate bill covers raises for teachers and librarians, but not other support personnel like nurses or bus drivers, which is one reason why the more-flexible approach is favored by school districts; that said, the president of the Texas State Teachers Association released a statement emphasizing the need for a Senate-style guaranteed teacher pay raise. The House is also taking a different approach on property taxes, as noted in that preview story:

According to the summary, the bill would increase the base funding per student by $890 to $6,030 — the first time that allotment has been raised in four years. It would also lower school district property tax rates statewide by 4 cents per $100 of taxable property value, helping to reduce so-called Robin Hood payments that redistribute money from wealthier districts to poorer ones. The compression could save the owner of a home with $250,000 in taxable value about $100 annually in school district taxes.

That method of property tax relief is different than one proposed by Gov. Greg Abbott last year, which would cap annual increases in school districts’ tax revenues at 2.5 percent.

There’s also the Democratic proposal, some of which is in HB3. All of this is a starting point, so I don’t want to get too far into the weeds. None of these bills will be adopted as is, and some of them may not get adopted at all. This and the budget will be the last pieces of business the Lege deals with, and the main reason why there could be a special session. We’ll keep an eye on it all. The Chron has more.

Dems propose their school finance bills

It’s good to have a broad array of options.

The Texas House Democratic Caucus laid out a $14.5 billion plan for school finance reform and property tax relief Thursday, releasing a list of priorities in advance of a key school finance bill Republican education leaders are expected to file and support.

The Democrats’ plan is composed of dozens of bills members have filed — or will file — to increase teacher pay and benefits, pay schools more for educating low-income students, and provide more counselors for school districts. It does not include two policy items that may be included in Republican-filed legislation: merit pay for teachers or paying schools more for higher student test scores.

“We hope to work with our colleagues to incorporate some of these ideas into their bills,” said state Rep. Chris Turner, D-Grand Prairie, who chairs the caucus.

[…]

Some of the House Democrats’ proposals dovetail with recommendations in the school finance panel’s report. [Rep. Mary] González filed House Bill 89, which would increase the base funding districts get per student and ensure they receive more funding for low-income students and those learning English.

A few House Democrats have filed bills that would fund full-day pre-K for all school districts, an estimated cost of $1.6 billion.

The proposal also includes $3.78 billion for teacher pay and benefits — around the same amount Senate Republican leaders have proposed in across-the-board $5,000 raises for full-time classroom teachers. House Democrats are championing proposals that would increase salaries for not just teachers, but also support staff, while also boosting financial support for teacher health care premiums. The exact amount of the proposed raises for each person has not yet been determined.

See here for more on the school finance panel report. Some of these ideas will be included, in whole or in part, in the omnibus school finance bill that Rep. Dan Huberty will file. Others are there more as a statement of values, since none of these bills will pass without sufficient Republican support. If I could pick just one thing to make it to Abbott’s desk, it would be the full day pre-K, which will have a big return on investment if we do it right. When all is said and done, I’d love to know how much of what was on offer today makes it through into the final bill.

Here comes the latest school finance report

I figure the smart money is always on efforts like this to fail, but you never know.

After hours of discussion Wednesday, a state panel studying school finance stripped its final report of language that blamed the state for inadequate education spending — and that added urgency to a need for more money to improve student performance.

The original version of the report, unveiled last Tuesday, included stronger language that held the state accountable for the lack of education funding and urged lawmakers to immediately inject more than a billion dollars of new funding into public schools. Scott Brister, the panel’s chairman and a former Texas Supreme Court justice, led the charge to make those changes, which he said would be more palatable to lawmakers and keep Texas from being sued in the future.

“I do have a problem several places where it says our school system has failed. I do think that’s asking for trouble,” he said.

Some lawmakers and educators on the panel pushed back before agreeing to compromise.

“I think we have failed our schools and we haven’t funded them, in my view, adequately or equitably,” responded state Rep. Dan Huberty, R-Houston, who chairs the House Public Education Committee.

Despite the conflict, the 13-member commission unanimously approved more than 30 recommendations on Wednesday aimed at boosting public education funding, improving student performance, cleaning up a messy funding distribution system — and providing property tax relief for Texans.

A final report will be sent to lawmakers, who are convening next month amid calls from state leadership to overhaul a long-embattled school finance system. Gov. Greg Abbott supported the panel’s vote in a statement Wednesday afternoon: “Today’s school finance commission report made clear that the state must reform the broken Robin Hood system and allocate more state funding to education. This session, we will do just that.”

[…]

Among the recommendations the commission plans to send to lawmakers are:

  • $100 million a year to school districts that want to develop their own teacher evaluation metrics and tie pay to performance. The total amount available should increase $100 million each year until it reaches $1 billion.
  • Up to $150 million to incentivize school districts to offer dual language programs, which instruct students in both English and Spanish, and to improve their dyslexia programs.
  • $800 million to incentivize school districts to improve students’ reading level in early grades and to succeed in college or a career after graduating high school.
  • $1.1 billion to improve education for low-income students, with school districts that have a higher share of needy students getting more money.
  • Create a new goal of having 60 percent of third-grade students reading on or above grade level and 60 percent of high school seniors graduating with a technical certificate, military inscription, or college enrollment without the need for remedial classes.
  • Cap local school district tax rates in order to offer property tax relief and a small amount of funding for schools — a proposal from Abbott.
  • No extra funding for special education programs until the state has completed overhauling those programs in line with a federal mandate.

The report hasn’t been published yet, so this is all we know. I don’t see any reason to trust Greg Abbott, who is more interested in cutting property taxes than in providing schools with the resources they need, and of course Dan Patrick will be heavily involved in whatever happens. I think the commission has generally good motives and for the most part the ideas are fine, but we could do a lot more, and that’s before we address the huge need for special ed funding. It’s all a matter of our priorities, and of our view of what “fixing” school finance looks like. The Chron has more.

Falling short on college readiness

Not good.

A majority of students at the top-rated high schools in Texas are likely to need remedial course work when they get to college because they don’t score well enough on entrance exams, a Hearst Newspapers analysis of newly released school accountability data shows.

More than 900 high schools in the state received the equivalent of an A or B rating from the state last month. But the analysis shows that at two-thirds of those schools, the majority of students are failing to score high enough on the SAT or ACT to be considered “college ready,” increasing the chances that they’ll need remedial course work in college and jeopardizing their chances of getting a college diploma.

The low number of Texas students who are adequately prepared for college has emerged again as an issue as state lawmakers study education funding this fall, in preparation for the Legislative Session, which starts in January. At a meeting Tuesday, education committee chairman Sen. Larry Taylor, R-Friendswood, and Rep. Dan Huberty, R-Houston, recommended giving more money to schools for each student who scores college-ready on the entrance exams.

Another group of lawmakers studying the performance of Texas schools, including Rep. Diego Bernal, D-San Antonio, recommended that Texas do away with the STAAR test, the state standardized exam, and instead use the SAT or ACT to hold high schools accountable.

The state’s top education official says Texas is steadily raising the bar for what students are expected to learn, and schools are improving.

But education experts say the combination of high ratings and low college readiness scores exposes a major flaw in the state’s accountability system. They say the gap is proof that lawmakers are placing too much emphasis on improving scores on the STAAR and high school graduation rates, rather than on preparing students for what happens after they finish high school.

“To get an A means this school is doing a good job of getting an increasing number, and a majority number, of its students ready for the next stage in life,” said Sandy Kress, a former senior adviser for George W. Bush and one of the architects of No Child Left Behind, the law that brought accountability ratings to schools across the country. “You have no business getting an A if you can’t tell me that.”

I don’t know what the answer is for this, though I have a pretty good guess that it would involve spending more money up front and across the board. I do know that our state will suffer from the lack of truly college-ready students, and the students themselves are being poorly served by schools that aren’t doing what they could and should be doing. Meanwhile, Greg Abbott is busy running ads claiming credit for everything under the sun. Maybe someone should ask him about this.

Many more school districts are feeling the pinch

Not just HISD. Not by a long shot.

For eight-straight years, Cypress-Fairbanks and Conroe ISDs earned the Texas Smart Schools Award, bestowed on school districts with prudent financial practices and high academic achievement.

Now, Cypress-Fairbanks faces a $50 million deficit next school year, and Conroe is projected to face its first deficit in nearly a decade in the next two to four years.

They are not alone.

As the Texas Legislature studies potential changes to the state’s school funding mechanisms, the majority of large Houston-area school districts are facing budget shortfalls they say stem from a lack of state aid. Of the 10 largest Houston-area school districts, all but three approved budgets last summer that included deficits of more than $1 million, according to a Chronicle review. At least nine say they may have to dip into reserve funds within the next three to five years if revenues do not increase.

For some, it is more dire. If nothing changes at the state or local level, district officials say Spring Branch ISD in west Houston will be financially insolvent in three years. Cypress-Fairbanks ISD will use up all its reserve funds in four or five years. Pasadena ISD only avoided a $20 million shortfall for the next school year by passing a tax hike referendum, and multiple districts are considering similar measures to keep their schools afloat.

That pain is felt in large and small districts across the state. North East ISD in San Antonio expects to cut $12 million from its budget next year, likely leading to teacher layoffs, according to the San Antonio Express-News. By 2020, budget documents in Ysleta ISD near El Paso show the district likely will draw down its reserve funds by $12 million. Friendswood ISD, which educates roughly 6,000 students in a sliver of southeast Greater Houston, is facing a $1.9 million budget shortfall next year.

“If we’ve been one of the most efficient districts in the state, and we’re facing this crisis, imagine what other districts are dealing with,” Cy-Fair ISD Chief Financial Officer Stuart Snow said.

[…]

Sen. Paul Bettencourt, R-Houston, who sits on the Commission of Public Education Funding, said districts should expand their revenue streams to include sources other than local property taxes and the state. He pointed to Dallas ISD, which pulls in about $10 million annually from philanthropy. United Airlines also staffed one of DISD’s schools with 25 full-time employees, a partnership Bettencourt said should inspire districts elsewhere.

“It’s not going to be one-size fits all — there are many, many ways to do it right,” Bettencourt said. “At end of the day, we want the education system to get students the best educations they can get for best deals taxpayers can support. But we need to look for all the ways we can do it right.”

First of all, to Paul Bettencourt: You cannot be serious. Philanthropy? Are you kidding me? Dallas ISD’s 2017-2018 general revenue expenditures were over $1.4 billion. That $10 million represents 0.7% of the total. You gonna suggest everyone search their couch cushions, too? Oh, and I don’t know about you, but I’m old enough to remember when two of the biggest philanthropic entities in Houston were Enron and Continental Airlines. Good thing HISD didn’t make itself dependent on them, you know?

This is entirely the Legislature’s responsibility. We are here because they refuse to adequately fund schools, and because they use the increases in property valuations to fund the rest of the budget, while blaming local officials for their shortfalls and tax hikes. As with everything else in this state, nothing will change until the people we elect change. If you live in one of these districts, don’t take your frustrations out on your school board trustees. Take it out on the State Reps and State Senators who skimp on school finance, and the Governor and Lt. Governor who push them to keep doing it.

Endorsement watch: A veritable plethora, part 5

Part 1 is here, part 2 is here, part 3 is here, part 4 is here and the full endorsements page is here.

We finish with the Republican races with challenged incumbents. And the first thing to note is the races in which no endorsements are made: US Senate and Governor. Yes, Greg Abbott has ridiculous token opposition, and none of Ted Cruz’s challengers are likely to be recognized by anyone on the street, but still. Not even a cursory “none of the alternatives are worthwhile” piece? That’s gotta sting a little. Of course, it could be worse. The DMN went whole hog and endorsed Stefano de Stefano over Cruz:

Texas Republicans have an opportunity in the March 6 primary featuring incumbent Sen. Ted Cruz and four Republican opponents to vote for the kind of public leadership that inspires America rather than divides it. A kind of leadership that gives America its best chance to address the very real challenges ahead.

To make the most of the moment, we urge voters to choose Houston energy lawyer Stefano de Stefano over Cruz. Stefano, 37, is an earnest if mostly untested conservative who offers Republicans a way past the bruising style that has characterized Cruz’s time in public life.

Hell hath no fury like a Republican-cheerleading editorial board scorned. Still, the fact that the Chron skipped the US Senate and Governor primaries is even more remarkable when you consider…

CD07: John Culberson

Rep. John Culberson

We don’t want to imagine what would have happened after Hurricane Harvey without U.S. Rep. John Culberson in Congress.

In Harvey’s wake, cities from Port Aransas to Houston waited for the Trump administration to release its proposed disaster recovery bill, which mayors, county judges and families of all stripes hoped would provide the robust federal support needed to rebuild destroyed towns and keep the coast safe from the next big storm.

We didn’t get it. Instead, the White House released a pathetic $44 billion proposal that attracted criticism even from fellow Republicans.

Luckily for Houston, Donald Trump doesn’t decide how federal dollars are spent. That duty falls on Congress and, specifically, the Senate and House Appropriations Committees – which includes Culberson.

The west Houston representative worked with his Republican and Democratic colleagues to double the size of the hurricane recovery proposal, turning a failure of a bill into a passable piece of legislation. Throughout the process, Culberson was a point-man for City Hall, ensuring that areas hit by flood after flood – such as Houston – would be first in line for federal dollars.

The bill wasn’t perfect, but it was better than the alternative.

[…]

If you ignore the most recent term, Culberson’s accomplishments for the 7th Congressional District, which covers west Houston neighborhoods from West University through the Energy Corridor, seem pretty thin. That historically weak record, combined with a district that went for Hillary Clinton in 2016, has attracted a strong group of Democratic challengers for the general election.

It should be an exciting race, and there’s little reason for Republican primary voters to deny Democrats their shot at the incumbent.

I don’t think the Chron has ever endorsed Culberson in a November race, not even in 2010 when he didn’t have a Democratic opponent. I have no doubt this year will be the same. Seeing them say anything nice about him is kind of a weird experience, but here we are.

HD150 (Republican): James Michael Wilson

An interesting battle is taking place in the Republican primary in District 150 where first-term incumbent state Rep. Valoree Swanson is being challenged by James Richard Wilson for being a political extremist.

Swanson, 45, is a tea party member who became the first woman in the Freedom Caucus last year in the Texas Legislature. Her district covers a largely unincorporated area of north Harris County that includes parts of Spring, The Woodlands and Tomball.

She didn’t have much luck in Austin passing legislation, which she blamed on House Speaker Joe Straus and his supporters, who spent much of the session fending off what they considered bad bills.

But Wilson, 44, a long-time Republican who worked for Republican state representatives and then-U.S. Senator Phil Gramm, R-Texas, thinks the problem was more Swanson’s zealotry for causes only popular with the political fringe.

“I don’t feel and a large number of people in our community don’t feel that our state representative is representing the interests of our community,” Wilson told the Chronicle.

Swanson is the type of wingnut that can make one almost nostalgic for the likes of Debbie Riddle. If Wilson can make the Lege an inch or two less crazy, then I wish him well.

HD134: Sarah Davis

Last year Texas Monthly listed state Rep. Sarah Davis as one of the best legislators in the session and called her “one of the few true moderates left in an increasingly strident Legislature.”

Gov. Greg Abbott apparently doesn’t agree and has endorsed her opponent in this primary – Susanna Dokupil.

Before explaining our endorsement, we have to ask: Is moderate really the best way to describe Davis? Moderate implies compromise, a willingness to change one’s positions and seek out the path of least resistance.

If that were Davis, then she would have spent her time in Austin acting more, for lack of a better word, extreme. At at time when the Texas GOP welcomes conspiracy theories about Jade Helm 15 and the panic about transgender bathrooms, Davis could have spent her days prattling on about black helicopters and the threat of chupacabras in West University and probably avoided a primary challenger. She could have acquiesced to the governor’s bizarre personal goal of overriding local tree regulations and easily earned his support.

But Davis did not seek out the path of least resistance. Instead, she stood alongside House Speaker Joe Straus against the reckless political antics of Abbott, Lt. Gov. Dan Patrick and their acolytes. She held various leadership roles in the House, which she used to get money for foster care, mental health and women’s health programs and tried unsuccessfully to secure property tax relief for some Hurricane Harvey victims.

She fought Patrick’s attempt to include private school vouchers in the school funding bill and led an investigation into shenanigans at the Texas Alcoholic Beverage Commission that resulted in the resignation of the commission’s seven top officials, two of them Abbott appointees.

This one appeared earlier, but I’m including it here. I don’t care about Sarah Davis, and I figure we Dems have a much better shot at that seat if she gets ousted in the primary. That said, I hate the idea of Greg Abbott and his goons, which in this race includes the anti-vaxxers, degrading our politics even more than they already have. All I’ll say at this point is that if I were Sarah Davis and I’m still standing on March 7, I’d tweet this picture at Greg Abbott every day for the rest of my life. Maybe someone can set up a fake Twitter profile to do that for her in the likely even she has too much class to do it herself. RG Ratcliffe has more.

HD127: Dan Huberty

State Representative Dan Huberty is effectively already the winner in the race for District 127 in northeast Houston because his only opponent in the Republican primary, Reginald C. Grant Jr., has been ruled ineligible for living outside the district and nobody is running for the Democratic nomination.

Even though Grant’s name will remain on the ballot, it would take a very strange occurrence for Huberty not to win a fifth consecutive term to the Texas House of Representatives, which is good news because he has emerged as a competent, well-intended legislator and the body’s leading expert on the very complicated topic of school finance.

Huberty has drawn his own share of ire from the Taliban wing of the local GOP, presumably because of his support for public education. If they succeed in taking out Sarah Davis, don’t be surprised if he’s on the hit list in 2020.

And that’s a wrap. I hope you feel like you have enough information to make educated decisions in the primary of your choice.

So is there a residency standard now?

This is curious.

Rep. Dan Huberty

State Rep. Dan Huberty’s only primary challenger was on Friday declared ineligible to run to represent House District 127.

In a summary judgment, Harris County District Court Judge Bill Burke declared Reginald C. Grant Jr. did not meet the residency requirement outlined in the state’s Election Code.

Grant’s name will remain on the ballot. Should he win the March 6 primary, district precinct chairs will vote on a replacement candidate.

[…]

Huberty’s attorneys first filed suit after discovering through public documents that Grant had not lived in the district for six continuous months prior to filing for candidacy, as required by the Election Code.

According to court documents, Grant is currently undergoing a divorce. In March 2017, he moved out of his estranged wife’s Huffman house — which is owned by her father and which Grant listed as his permanent address on his filing papers. The candidate is currently staying with his father outside of the district.

Blakemore told the Texas Tribune that the state law’s definition of a “residence” includes where an individual “intends” to live, and Grant has said he will return to the district. But Blakemore said Grant has no claim to his permanent address because he isn’t the property’s owner.

[Grant’s attorney Tom] Zakes said Thursday that Grant still uses the Huffman address for his driver’s license and voter registration. He said it doesn’t matter who owns the Huffman house because Grant’s intended residence will remain the same until the candidate determines a new residence by changing his address on those documents.

“Will he ever move back to the house? I can’t tell you that,” Zakes said. “He intends to go back either to that specific residence or to somewhere else in the district.”

There’s no Democrat on the ballot in HD127, and I have no particular interest in who the Republican is, though I do have respect for Huberty for his work on public education. I am also Not A Lawyer and claim no technical knowledge here. But I have to ask, how is it that this case defines what the boundaries of the “your residency is where you intend to live” standard are? It’s very much an open secret that a non-trivial number of legislators don’t actually live where they claim to live. And as you know, I’m okay with that standard for residency being loosey-goosey. Given the way things have always been, I have a hard time seeing why this case was worthy of summary judgment in favor of rejecting Grant’s candidacy. At the very least, let’s fight this out in a full trial. And if this is the standard, then let’s do some checking and see who among the current cop of elected officials may fail to meet it. Maybe then we’ll get some real clarity.

School districts don’t need gift registries

They need to have their needs met by the state.

Texas school districts ravaged by Hurricane Harvey still need thousands of textbooks, dictionaries and other instructional resources, so the state’s education agency is borrowing a page from the wedding industry to help cover the costs.

The Texas Education Agency has modified its textbook ordering system to create a “wedding registry” of sorts where districts can list the textbooks they need to replace those damaged in the storm.

Textbook publishers, individuals or organizations can then donate the books, as can school districts that have excess inventory.

“It was very clear that a lot of people lost a great amount of instructional materials, including textbooks,” Commissioner of Education Mike Morath said. “If you consider the scale of Harvey, (the registry) is not solving everyone’s problems, but it is helping in places.”

The registry is meant to match districts in need with those willing to donate, and officials say those donations will free up money to cover other costs, such as rebuilding schools.

But some question the approach, expressing concerns over delays in instruction as schools wait for the textbooks to arrive, and the impact that will have on student learning.

“If we had books that have been destroyed, then the state needs to step up and take care of that problem,” said Rep. Dan Huberty, R-Houston, who chairs the House Public Education Committee.

So far, 14 districts have created needs-lists in the state’s registry, including Humble, Sheldon and Pasadena school districts.

You can see the registry page here. I mean, I have no problem with providing a way for districts that have surplus supplies to give them to those that need them, but that should not be the first avenue of recourse. Students need textbooks and other such materials today – remember, their standardized test scores are still going to count. As Rep. Huberty says, the districts should just buy what they need and send the bill to the state. Admittedly, I can understand why they might be skittish about that, but if there’s one time where public opinion should be overwhelmingly on their side, this would be it. Let’s not waste any time here.

Has Harvey changed anything politically?

You’d think it would, but it remains to be seen as far as I’m concerned.

A month to the day after Hurricane Harvey made landfall in Texas, the reality of the storm was beginning to sink in on the minds of politicians, policy makers and advocates bracing for a long recovery.

In short, any political plans people had pre-Harvey are now moot.

“Whatever any of us thought or hoped that the agenda for the next session would be, it is going to be overtaken by mother nature,” House Speaker Joe Straus told a full auditorium at the University of Texas Saturday. “It’s going to the biggest challenge that we face.”

[…]

Politicians said it’s still too soon to know exactly what the state needs to do to help the areas slammed by the storm cover, such as how much money it will cost to fix schools and roads and invest in such infrastructure to guard against future storms.

What policy experts and politicians across the board do know is it could take years for the state to recover.

The storm may provide an opportunity for a special legislative session for lawmakers to rethink the state’s school funding formula given property taxes, which schools depend on for funding, are expected to tank in storm-ravaged areas, said state Rep. Dan Huberty, R-Humble.

“I don’t believe 1 million children are going anywhere, but their homes have been destroyed,” he said, noting his home sustained $50,000 in damage from Harvey. “I just don’t see any path to victory for the schools if we don’t take this very seriously going forward.”

Huberty wants lawmakers to return to Austin for a special legislative session focused on storm relief. In that conversation, they could rehab the state’s school funding formula to level out funding for districts that stand to lose property tax revenue from the storm.

[…]

Education Commissioner Mike Morath said he’s still undecided about whether to cancel, delay or ease how the state grades schools based on the tests. However, his tone changed from last week when he told the State Board of Education it was unlikely Texas would tinker with the STAAR.

That will be worth keeping an eye on. I’ve been thinking about what would have to happen for me to accept that “things have changed” in a substantive fashion. Two possibilities come to mind:

1. A special session to address school finance. This can’t be just to make payments to districts to cover Harvey costs that insurance and the feds won’t pay, though that absolutely needs to happen, and it can’t be something that waits till 2019 and is the initiative of the House Education Committee and Speaker Straus, because we already know they’re on board for this. It also can’t be used as a vehicle for pushing through the usual hobbyhorses like vouchers or the new obsessions like bathroom bills. The call would have to include both addressing disaster funding and more importantly the overall inequities of the system. The reason why this would be a change would be that it would demonstrate for the first time that Greg Abbott wants to fix this problem, and it would provide him with the chance to separate himself from Dan Patrick. For a variety of what should be obvious reasons, I don’t expect this to happen, but if it does it will be a real change.

2. Someone loses an election as a result of being unwilling to take positive action to abet recovery. I don’t think this will happen because right now the main obstacle to getting things done is Paul Bettencourt, and he’s not in any position to lose a race. The members of Congress who voted against Harvey aid, whatever their reasons for doing so, are all well outside the affected area. If a special session does happen, then that would create opportunities for people to say and do potentially costly things, but in the absence of such, I any current officeholder has much to worry about at this time.

I’m sure there are other possibilities, but these are what come to my mind. Everything else feels like normal business to me. Maybe if the state winds up doing nothing to help cities and school districts cover costs, despite the $10 billion-plus in the Rainy Day Fund, that would count as something having changed, though that’s clearly not what the story is about. I’m open to the idea that “things” will “change” after Harvey, but I’m going to wait until I see it happen before I believe it.

Don’t expect any STAAR slack

Sorry, kids.

Texas Education Commissioner Mike Morath said Wednesday morning that the state was not likely to let students displaced by Hurricane Harvey delay a required state test this school year — or to change the way school districts are graded at the end of the school year.

“I would say, given the information I have, it doesn’t look likely that we would be able to make too many changes on assessment, and for that matter, on accountability,” Morath told the State Board of Education. “We haven’t made any final decisions yet. But we still want to make sure students know how to read, write and do math.”

Educators and advocates for fewer state tests said they were dismayed by Morath’s statement and hope he will consider waiving requirements for southeast Texas districts that have had to postpone classes. State Rep. Dan Huberty, chair of the House Public Education Committee, said he has heard from constituents on the matter and will hold a public hearing in the next few weeks to consider how the Legislature can help schools impacted by August’s storm.

Huberty, a Houston Republican, said he plans to invite educators from all impacted schools to testify.

[…]

“We had a dramatic and traumatic event just occur that affected so many folks in the southeast Texas area,” said Bret Champion, superintendent of Klein ISD, located just north of Houston. “We absolutely are about teaching rigorous material around academics, but we also provide for an awful lot of social-emotional wellness” for traumatized students.

Champion suggested the state consider moving the test dates back. Klein ISD students missed seven days of classes, as administrators surveyed flooded buildings. Teachers and students are still cleaning out flooded homes, and some have lost everything. “A little more time to be able to assess that would be helpful,” he said.

Two advisory groups of educators, legislative representatives and businesspeople meet twice a year to discuss the accountability system for school districts and advise Morath on how to implement it. Laura Yeager, who has served as an adviser for the past two years, said she will bring up waiving accountability grades for school districts at the upcoming October meeting.

“I’m not sure how they can rate a district or student on growth when they have lost or gained so many students,” said Yeager, who is also a board member of Texans Advocating for Meaningful State Assessment, which has lobbied the Legislature for fewer state tests.

I hope Commissioner Morath will take his time making a final decision. Champion and Yeager have both raised valid concerns that should be taken seriously. It may be that displaced students will do just fine and the overall effect of Harvey will be minimal, but if it isn’t there shouldn’t be a penalty for that. Morath and the TEA need to keep an open mind about this.

Smell ya later, Senate

How about that?

The special legislative session is over — in one chamber, at least.

The Texas House abruptly gaveled out Sine Die – the formal designation meaning the end of a session – on Tuesday evening after voting to approve the Senate’s version of a school finance bill that largely stripped provisions the chamber had fought to keep.

Gov. Greg Abbott called lawmakers back for a special session on July 18. Special sessions can last for up to 30 days, which gave both chambers til Wednesday to work.

The House’s abrupt move came after days of difficult negotiations with the Senate on school finance and property tax bills — and leaves the fate of the latter in question.

House Ways and Means Chairman Dennis Bonnen had been expected to appoint conference committee members Tuesday so that the two chambers could reconcile their versions of the bill.

But instead, shortly before the surprise motion to Sine Die, the Angleton Republican made an announcement.

“I have been working with members of the Senate for several days on SB 1, we have made our efforts, so I don’t want there to be in any way a suggestion that we have not, will not, would not work with the Senate on such an important issue,” he said.

So now the Senate can take it or lump it on SB1, which in the end was the bill Abbott was really pushing for. Dan Patrick has a press conference scheduled for today, and I expect it will be epic. I have no idea what happens next, but this is as fitting an ending for a stupid special session as one could imagine. Some things, including at least one really bad thing got done, but most of the petty attacks on local control, as well as the odious bathroom bill, got nowhere. We’ll see if Abbott takes his ball and goes home or drags everyone back out again.

House passes school finance bills

I doubt they’ll meet a different fate than they did in the regular session, but kudos anyway.

Rep. Dan Huberty

The Texas House on Friday passed a package of bills that would put $1.8 billion into public schools and help out struggling small, rural school districts.

House members voted 130-12 to approve the lower chamber’s main piece of school finance legislation, House Bill 21, just as they did during the regular session. The House also voted 131-11 to pass House Bill 30, which would fund the school finance bill by putting $1.8 billion into public schools. Once the House gives the measures final approval, they will head to the Senate.

The funds cited in the legislation would come from deferring a payment to public schools from fiscal year 2019 to 2020, and would allow an increase in the base funding per student from $5,140 to $5,350 statewide.

[…]

The House Public Education Committee’s chairman, state Rep. Dan Huberty, R-Houston, the author of HB 21, has pushed his bill as a preliminary step to fixing a beleaguered system for allocating money to public schools.

“You cannot have property tax reform unless you have school finance reform. That is just a fact,” he said Friday. “We have the time to get this done. We just have to have the will to get this done.”

HB 21 would increase the base per-student funding the state gives to school districts, in part by increasing funding for students who are dyslexic and bilingual. It would also gradually remove an existing financial penalty for school districts smaller than 300 square miles, which was originally intended to encourage them to consolidate.

[…]

The House voted 67-61 Friday against approving House Bill 22, a separate measure that would have continued ASATR for two years before letting it expire in September 2019. Some school districts have warned they might have to close without the program, which totaled about $400 million this year.

See here for the first go-round on HB21, and here for the ASATR story. I don’t expect anything to happen with any of this, but I suppose a surprise is possible. The House and the Senate are on such different pages that it seems unlikely in the extreme, though.

Halfway through the session

The House is doing House things, and that’s fine.

Rep. Joe Straus

Brushing aside concerns that they are not moving swiftly enough to enact Gov. Greg Abbott’s 20-point agenda, Texas House members opened the second half of the special session Wednesday with a flurry of activity Wednesday.

“We made good progress, and we’re only half the way through,” House Speaker Joe Straus told the American-Statesman.

“I’ve been spending my time, the first half of the 30-day session, trying to get the House in a place to consider the items that the governor has placed on the agenda,” said Straus, a San Antonio Republican. “We work more slowly than the Senate does because we listen to people and we try to get the details right. And so the House committees have been meeting and have shown some good progress, moving many of the items that are on the call.”

[…]

Straus has indicated he opposes a measure — favored by Patrick — that would pre-empt schools and local jurisdictions from making their own transgender friendly bathroom rules.

But, its sponsor, Rep. Ron Simmons, R-Carrollton, said he considered that bill an “outlier” — the only one he knows of that Straus explicitly opposes, “and so it’s not surprising to me that that has not moved expeditiously.”

Simmons said there had been an effort to discourage members to sign on to his bill and so he only had about 50 members willing to do so, far fewer than in the regular session.

Of his other bill on school choice for special needs students — also part of Abbott’s agenda — Simmons said, “I’m not sure it will get voted out of committee.” He said he holds out a faint hope that it might advance if there is some “grand bargain” on education.

“The governor wants school finance and we’re going to do that; we’re going to pass our plan on Friday,” said Rep. Dan Huberty, R-Houston, chairman of the Public Education Committee. “I think it’s very clear that the House has not agreed on the voucher issue, but we have a solution to help special needs students.”

“The House is doing what it should do, which is being deliberative, thoughtful and being sure that legislation that we would pass is sound policy that would benefit the citizens of the state of Texas,” said Rep. Byron Cook, R-Corsicana, chairman of the State Affairs Committee. “The House is not built for speed.”

“This is the House,” said Rep. Craig Goldman, R-Fort Worth, who chairs the House Republican Caucus Policy Committee. “We will use all 30 days. There’s plenty of time.”

Goldman said it looks like the bill he is carrying for the governor to pre-empt local cellphone ordinances is unlikely to make it out of committee.

“Nothing nefarious,” he said; there’s just too much opposition from local police and elected officials who hold great sway with House members.

Imagine that, listening to stakeholders. Who knew? The House will pass more bills, some of which will be amenable to the Senate and some of which will not. Expect to see a lot of gamesmanship, passive aggressiveness, and the occasional bit of decent policymaking, though that latter item is strictly optional.

House still opposes vouchers

Keep on keeping on, y’all.

The top House education leader said Sunday that “private school choice” is still dead in the lower chamber.

“We only voted six times against it in the House,” House Public Education Committee Chairman Dan Huberty said. “There’s nothing more offensive as a parent of a special-needs child than to tell me what I think I need. I’m prepared to have that discussion again. I don’t think [the Senate is] going to like it — because now I’m pissed off.”

Huberty, R-Houston, told a crowd of school administrators at a panel at the University of Texas at Austin that he plans to restart the conversation on school finance in the July-August special session after the Senate and House hit a stalemate on the issue late during the regular session. Huberty’s bill pumping $1.5 billion into public schools died after the Senate appended a “private school choice” measure, opposed by the House.

Huberty was joined by Education Committee Vice Chairman Diego Bernal, D-San Antonio, and committee member Gary VanDeaver, R-New Boston, on a panel hosted by the Texas Association of School Administrators, where they said they didn’t plan to give in to the Senate on the contentious bill subsidizing private school tuition for kids with special needs.

[…]

VanDeaver said educators have two options: They can give in to the Senate’s attempts to attach school finance and private school choice, or they can vote against legislators who want those issues linked.

“If you don’t stick up for yourselves in a real way … we are going to lose,” Bernal added.

Amen to that. The real question is why do so many Senators serve Dan Patrick’s interests instead of their districts’? You know what I say, nothing will change until the people who get elected change.

Beyond that, one wonders how this will play out. Does the House simply refuse to vote a voucher bill out of committee, or do they let it come to the floor and then vote it down? Would Greg Abbott call another special session to force the issue? How big a hissy fit does Dan Patrick throw when he is thwarted? (Spoiler alert: very big.) Bring on the tantrums, I say.

Houston pension reform bill passes

It’s done.

Mayor Sylvester Turner

The Texas House on Wednesday approved the controversial Senate version of a bill that aims to overhaul Houston’s failing pension funds — over the passionate objections of current and former firefighters.

Senate Bill 2190, which passed in a 103-43 vote, now heads to Gov. Greg Abbott’s desk. But the months of rancor between firefighters and Houston officials promise to linger long after the legislative session ends Monday.

[…]

The Houston bill passed Wednesday without two amendments the House had previously added in an apparent attempt to appease firefighters. One amendment would have prevented the bill from impacting current firefighter retirees. The other could have allowed the firefighter pension system to bear a smaller burden in paying down unfunded liabilities shoring up billions in shortfalls in three city employee retirement funds.

That drew the anger of firefighter pension members, dozens of whom sat in the House gallery Wednesday. Some shouted down to representatives as they walked out after the vote. One woman could be heard yelling, “Shameful!”

After the vote, Houston firefighter pension board chairman David Keller said he was disappointed in the vote. During the session, pension officials had suggested such legislation could be unconstitutional because it determines the financial boundaries the fund should stay within. Keller said the Constitution says that power is left solely to the pension board.

Keller said it was too soon to determine if the pension board will file a lawsuit.

“We will explore every option available to us,” he said.

But state Rep. Dan Flynn, who carried the bill in the House, said that killing the bill because firefighters remained unhappy would have exasperated the dire financial situation the city and the retirement funds are experiencing. The bill addresses pensions for firefighters, police and municipal employees.

“If we don’t pass it, there won’t be any pensions,” the Canton Republican told The Texas Tribune earlier this year.

Rep. Dan Huberty, R-Houston, authored the amendment that could have helped the firefighter pension fund bear less of the burden shoring up the city’s shortfalls. The amendment would have given pension officials more time to provide data showing that financial forecasts estimate the fund will be in better shape than Houston officials estimated.

But on Wednesday, he urged his colleagues to vote for the bill without the amendment.

“We’ve done everything we can to work hard in good faith,” Huberty said.

Keller, the pension chairman, said the pension board offered to provide the data under licensing agreements that included confidentiality provisions. He said the city never responded.

When asked if firefighters would campaign against any Houston-area state officials who backed the bill, Keller said “it’s hard to say.”

“But I know the firefighters are having a lot of emotions right now: loss, anger,” he said. “And they’ve been shown to be politically active.”

See here for the background. The firefighters are gonna do what the firefighters are gonna do. I get they’re unhappy and to an extent I don’t blame them, but this is where we are, and it took a lot of effort to get here. At this point, the main thing I’ll be looking for is who will be campaigning against the pension obligation bonds. It’s one thing to say we need to vote on those things (even if we hadn’t voted on them before), it’s another to say we should vote against them. Until then, kudos to all for getting this done, and congratulations to Mayor Turner for doing what once seemed to be impossible. The Mayor’s press release is here, and the Chron has more.

UPDATE: Here’s the longer Chron story.

School finance bill is dead

It started with this.

State Rep. Dan Huberty said Wednesday that he would not accept the Senate’s changes to his school finance bill, launching a last-ditch effort to hammer out a compromise with less than a week left in the session.

After a passionate speech railing on the Senate for gutting his bill, Huberty, a Houston Republican who is chairman of the House Public Education Committee, announced he has decided to request a conference committee with the Senate on House Bill 21.

The bill was originally intended to inject $1.5 billion into the state’s funding for the majority of public schools and to simplify some of the complex, outdated formulas for allocating money to school districts across the state. The Senate took that bill, reduced the funding to $530 million, and added what many public education advocates have called a “poison pill”: a “private school choice” program that would subsidize private school tuition and homeschooling for kids with disabilities.

“Members, some of your schools will be forced to close in the next year based on the committee substitute of House Bill 21,” as passed by the Senate, Huberty said, before moving to go to conference. “I refuse to give up. I’ll continue trying. Let’s at least attempt to rescue this bill.”

The House voted 134-15 to request a conference committee with the Senate on the bill.

See here and here for the background. The House’s request for a conference committee was denied by the Senate.

An effort to overhaul the state’s beleaguered school finance system has been declared dead after the Texas Senate Education Committee’s chairman said Wednesday that he would not appoint conferees to negotiate with the House.

“That deal is dead,” Larry Taylor, R-Friendswood, said.

Taylor’s remarks come after his counterpart in the House, Dan Huberty, R-Houston, gave a passionate speech in which he said he would not accept the Senate’s changes to House Bill 21 and would seek a conference committee with the Senate.

HB 21 was originally intended to inject $1.5 billion into the state’s funding for the majority of public schools and to simplify some of the complex, outdated formulas for allocating money to school districts across the state. The Senate took that bill, reduced the funding to $530 million, and added what many public education advocates have called a “poison pill”: a “private school choice” program that would subsidize private school tuition and homeschooling for kids with disabilities.

Lt. Gov. Dan Patrick pronounced the bill dead in a statement Wednesday afternoon.

“Although Texas House leaders have been obstinate and closed-minded on this issue throughout this session, I was hopeful when we put this package together last week that we had found an opening that would break the logjam. I simply did not believe they would vote against both disabled children and a substantial funding increase for public schools,” he said in the statement. “I was wrong. House Bill 21 is now dead.”

House Speaker Joe Straus said in a statement Wednesday that the Senate has not prioritized school finance reform this session.

“We appointed members of a conference committee today because the House was willing to continue to work on public school finance immediately. Unfortunately, the Senate walked away and left the problems facing our schools to keep getting worse,” he said.

HB 21 was the first time in years that the Legislature has taken up major school finance reform without a court mandate.

HB21 was also the vehicle for addressing the recapture issue that is costing HISD (among other districts) millions and which is being litigated on the grounds that the TEA didn’t make its changes to the formula properly. You can kiss that good-bye as well. It’s somehow fitting that the Lege could not come to an agreement on school finance, as this proves the lie of the Supreme Court ruling that insisted they could do this on their own without the Supremes forcing them to. Not as long as we have Dan Patrick presiding over this Senate they won’t. The Chron has more.

House passes pension reform bill

One step closer, though there are still issues to be worked out.

Mayor Sylvester Turner

The Texas House gave early approval Monday to a bill that would reform Houston’s three problematic pension funds, which have caused financial woes and spurred political battles for years.

The 112-28 vote for Senate Bill 2190 came after lawmakers made some key changes to the bill, including a provision that could let the firefighter pension fund bear a smaller burden for shoring up billions in shortfalls.

But State Rep. Dan Flynn, R-Canton, who authored the House version of the bill, worried that the Senate may not like the changes.

“This is an amendment that could very well derail the bill,” Flynn said Monday from the House floor.

[…]

State Rep. Dan Huberty, R-Houston, successfully got his House colleagues to amend the bill so that the firefighter pension fund has an opportunity to lower what its members give up in order to help close a large funding gap.

For months, city and state leaders have accused the firefighter pension fund of withholding actuarial data that would prove it could shore up its shortfall with fewer cuts to members’ benefit features. In the absence of such data, city leaders and state lawmakers put together SB 2190 and a House companion — authored by Flynn — that the firefighters opposed.

Keller said the retirement system wants to protect individual members’ information and has offered the city data under licensing agreements that included confidentiality provisions. He said he was surprised that became an issue on the House floor considering all firefighter salary information goes through City Hall.

“They know what each of us makes,” he said. “There’s nothing surprising in our data we hold.”

Huberty’s amendment will give the firefighter fund a deadline to provide the data to the city. It passed 90-42 over the objections of Flynn, who said the firefighter fund had months to help reach a compromise and that such a change could sink the bill when it goes back to the Senate.

“At this point it’s really too late to change the critical aspects of this bill,” Flynn said.

Flynn could have brought his House bill to the floor but chose instead to have a vote on the Senate version. I’m guessing he thought it might be easier to get it through, as if it had been passed unamended that would have been it. It will now go through a conference committee, so we’ll see what the final version says. At this point, I’d say it’s looking pretty good for passage, though it remains to be seen who will wind up being less happy about it than they were going in. The city’s press release is here, and the preliminary Chron story is here. I’ll link to the full story in an update.

UPDATE: Here is the full Chron story.

More on the HISD recapture re-referendum

Here’s the full Chron story about Saturday’s re-vote on recapture.

About 84 percent of constituents voted “for” HISD’s Proposition 1, giving the school district the green light to send $77.5 million to the Texas Education Agency rather than let the state forcibly remove some of most valuable commercial properties from the district’s tax rolls.

The reversal from the “come-and-take-it” mentality followed trustees’ meetings with state officials and lawmakers earlier this year. Board members feared vindictive action from Austin and also had second thoughts about going with the more costly “detachment” option.

Christopher Busby, an HISD teacher at the Sam Houston Math, Science, and Technology Center who voted for Proposition 1 on Saturday, said paying recapture was the lesser of two evils.

“Recapture is not on the ballot; recapture has already happened. This is about how we handle recapture,” Busby said. “The solution that does the least damage to the district is a ‘for’ vote.”

Mark Jones, a political science fellow at Rice University’s Baker Institute, said HISD gained nothing through the two referenda, which cost the district an estimated $1.7 million.

“In the end, what HISD has done is use a lot of its political capital and has gained absolutely nothing,” Jones said. “They used political capital in (the) fall to persuade people to vote no, and they used political capital this spring to get those same people to vote yes. But they could have just said yes and paid the state like everyone else.”

[…]

Most trustees agree that referendum produced some desirable outcomes – the Senate authorized a work-study committee to look into overhauling the state’s school finance system in January, and Rep. Dan Huberty, R-Houston, proposed a bill that would increase state education spending and lessen the amount districts would pay under recapture.

After the November vote, board President Wanda Adams and trustees Skillern-Jones, Anna Eastman and Mike Lunceford grew worried that refusing to pay the state recapture fee willingly would have dire consequences for the district and the board.

Trustees Jolanda Jones and Manuel Rodriguez Jr. insisted that the district hold fast in its decision to withhold the recapture money. Otherwise, they argued, HISD risked losing ground in getting the state to rethink recapture and its school funding formulas.

“The whole point was to get the Legislature to move on this. The only reason they’re paying attention was not because we have a great lobbying team, it’s because we voted no,” Jones said in February. “The second we relent and bend over, it’ll ruin this for rest of state and our momentum because everyone is looking at Houston.”

Jones with Rice’s Baker Institute said the state’s actions were more likely the result of a May 2016 Texas Supreme Court ruling that found while the state’s school finance formula was constitutional, it desperately needed to be overhauled.

Please note that the November election was required by state law once HISD was put into recapture. Only the May election was optional. As you know, I agree with the trustee’s interpretation of what the November “No” vote meant, and I disagree with Mark Jones. I’ll cite David Thompson as my evidence for that. What happens from here is unclear, but I believe that there is now a greater appreciation of how messed up our school finance system is – I mean, raise your hand if you knew six months ago that recapture funds helped offset state spending on education instead of going to other school districts – and I believe there is a greater consensus about what needs to be done to fix it. Not at the top, of course – we’re never going to get a real fix with the Governor and Lt. Governor we now have – but among legislators themselves. There’s still a lot of work to do – HISD in particular can and should keep pushing the TEA to give it and other recaptured school districts credit for transportation costs and pre-k programs – but progress has been made. I’m happy with the way things played out.

House passes school finance reform bill

Well done.

Rep. Dan Huberty

State Rep. Dan Huberty succeeded at a difficult task Wednesday: getting the Texas House of Representatives to vote for legislation overhauling the funding system for public education, without a court mandate.

After a four-hour discussion of more than 30 proposed amendments, the House voted 134-16 to tentatively accept its top education leader’s plan to inject $1.6 billion into public schools, simplify the complex formulas for allocating that money, and target certain disadvantaged student groups for more funding. The bill must still be approved on a third and final reading in the House.

[…]

The tentative victory comes after senators approved a budget that cuts state funding for public schools by $1.8 billion in general revenue, and uses local property tax revenue to make up the difference.

Huberty’s bill would increase the base per-student funding the state gives to school districts, in part by increasing funding for students who are bilingual and dyslexic. The Legislative Budget Board estimates about 96 percent of districts and 98 percent of students would see more money under the bill.

“This is the first time in over 30 years that we have the opportunity to vote for school finance, to make a holistic change,” Huberty said before Wednesday’s vote.

Throughout the evening, Huberty successfully moved to table many of his colleagues’ proposed amendments to the bill, either because they would add to the bill’s price tag or because he deemed them irrelevant to his legislation.

“This is the school finance bill,” he reminded Rep. Jason Isaac, R-Dripping Springs, who unsuccessfully tried to attach a provision to HB 21 that addressed the testing and accountability system.

The House budget allowance for this bill would provide more funding to more school districts for busing, but many legislators expressed concern that the money would be stretched thin because districts that didn’t provide bus service would still receive transportation money. None of the amendments to address transportation funding passed.

Rural legislators banded together to add a provision that would help hundreds of small districts with fewer than 1,600 students. The provision, proposed by Rep. Drew Darby, R-San Angelo, would remove an existing financial penalty for school districts smaller than 300 square miles, which was originally intended to encourage them to consolidate.

Darby proposed putting all districts with fewer than 1,600 students at similar levels of funding, which he said would increase funding for more than 400 districts.

“Almost half the school districts in Texas will benefit from these amendments,” he said.

Legislators voted 86-59 to approve Darby’s amendment, despite Huberty’s opposition.

See here for the background. The Darby amendment was about Additional State Aid for Tax Reduction, for which you can get some background here. Getting something through the House is a big accomplishment; as the story notes, Rep. Jimmie Don Aycock declined to put a bill forward in 2015 on the grounds that it didn’t stand a chance. Priorities are shifting, and there seems to be a lot of support for finally addressing some of the serious shortcomings in the current system. Which, if it happens, would vindicate the Supreme Court’s decision to not force the issue but leave it up to the Legislature. Assuming that Dan Patrick and the Senate – and Greg Abbott – go along, of course, That’s far from a sure thing, as a brief perusal of the Senate’s budget proposal would show. But it’s a start, and it could happen. That’s more than what we’ve had in a long time. Kudos all around.

MALDEF files suit over change to recapture

This is a twist.

Texas education officials illegally changed how property taxes are calculated in wealthy school districts, with the effect of substantially reducing the funds available for schools in poorer districts, a lawsuit filed Thursday charged.

The change would cost the state’s poorer schools districts and their students approximately $440 million per year or $880 million for the two-year funding cycle, according to the lawsuit filed by MALDEF (Mexican American Legal Defense and Educational Fund) and the law firms Gray & Becker, P.C. and Ray & Wood, on behalf of Le Feria and Joaquin Independent School Districts.

The La Feria Independent School District in Cameron County and the Joaquin Independent School District in Shelby County want the court to permanently block the newly amended rule adopted February 1, calling it invalid and unenforceable.

“Breaking the rules to once again benefit property-wealthy districts to the detriment of our property-poor districts is not the fix we need for our broken public school system,” said Marisa Bono, MALDEF Southwest regional counsel. “We look forward to vindicating in court our clients’ efforts to ensure fair funding for all students.”

Texas’ system of “recapture” requires wealthier school districts with more valuable property to send some of their tax funds to the state to help fund poorer districts. Those funds are then administered through the Foundation School Program.

The recapture formula assesses the contributions of wealthier districts based on the full value of each property. But those districts may provide two types of tax deductions to residents. The first is a mandated $25,000 homestead exemption. The second deduction allows districts the option of granting an additional homeowners exemption of up to 20 percent of a home’s value, known as a local optional homestead exemption (“LOHE”).

State law allows some wealthy districts to reduce their contributions to recapture and the Foundation School Program by recognizing the LOHE-reduced property values. However, state law provided clear conditions to ensure that poor districts aren’t underfunded. Those conditions required that either state lawmakers appropriate more funding, or that there be a surplus in the Foundation School Program. Until recently, the Texas Education Agency (TEA) interpreted the law to apply only when those conditions were met.

But in February, state education officials issued a statement changing its longstanding rule. Lawyers for the two plaintiff school districts argue that education officials illegally bypassed the existing rule, allowing certain wealthy districts with LOHE’s to reduce their contribution to recapture, without appropriating funds to fill the gap.

“The Education Code provides that the mission of the public education system of this state is to ensure that all Texas children have access to a quality education,” said Richard Gray of Gray & Becker, P.C. “The recent actions of the Commissioner work squarely against that mission and will result in funding flowing only to students in certain property-wealthy districts of TEA’s choosing while at the same time cutting funding to other districts. It is estimated that the recent actions of the Commissioner could cost close to one billion dollars for the 2018-2019 school year and that cost will only increase in future years.”

Under the new rule, La Feria ISD will lose over $225,000 per year, or $1,435 per classroom a year. Joaquin ISD will lose over $48,000 per year, or $1,548 per classroom. These financial losses are reflective of the financial loss that many property-poor school districts throughout the state will incur as a result of the new rule.

The lawsuit comes as state lawmakers debate how Texas will finance public education for the more than 5 million students currently enrolled in schools across the state. The Texas Supreme Court ruled in May last year that while the state’s school finance system met “minimal constitutional requirements,” it needed comprehensive reform.

Read the lawsuit here.

This would of course affect HISD, though MALDEF did not mention them by name in that release. KUHF has the only news coverage of this I’ve seen so far.

HISD is not a party in the lawsuit, but said in a statement that it believes the commissioner’s decision was legal and will monitor the case and “is prepared to intervene if necessary to protect the interests of our students and taxpayers.”

At the very least, this puts a bit of uncertainty into the May 6 recapture re-vote, which the HISD Board is trying to sell to voters. One possible way to satisfy the conditions MALDEF is suing over is for the Lege to make up the difference to the school districts that are affected by the re-interpretation of the recapture rules. Rep. Dan Huberty’s HB21 might be able to do this, in an amended form if need be. I don’t know how likely that is to happen, but it’s a possibility. There are a lot of ways this can go, so we’ll have to wait to see what the defendants, the Lege, and the courts do.

House hearing for pension bill

Another step in the process.

Mayor Sylvester Turner

Houston’s pension reform plan got its first hearing Monday in the state House, where rows and rows of current and retired firefighters appeared to voice opposition to the plan.

Municipal and police leaders testified in support, however, as did representatives of the Greater Houston Partnership and, of course, Mayor Sylvester Turner, who spent most of his first year in office negotiating the package.

“It is not the perfect pension bill, because, quite frankly, I don’t know if you can get the perfect pension bill, but it is a very good bill for all parties concerned,” Turner said at the hearing.

Even the opposition of the firefighters was tempered somewhat by the testimony of their pension fund chairman, David Keller.

He said a series of talks since the bill cleared a Senate committee by a 7-1 vote last week have produced “great movement” in better aligning the current proposal to the general terms Keller’s board approved last October, before negotiations lagged and his group failed to reach agreement with the city on final legislative language. Disputes over sharing information led the city to propose deeper cuts than initially had been agreed to; Keller said those issues have been resolved in the last week.

Rep. Dan Huberty, a Houston Republican, said he had even heard Monday morning from some firefighters who seemed to be in support of the bill. Keller said that was not quite right, but he was “hopeful” his board might ultimately wind up in agreement.

“Firefighters are not immovable,” Keller said. “We heard loud and clear that we should not expect status quo, and we did not expect status quo.”

That’s decidedly less contentious than the firefighters’ previous statement, so that’s good. No one has to love this bill, but everyone has to be able to live with it. The House bill (HB43 by Rep. Dan Flynn, who is the Chair of the Pensions Committee) differs from the Senate bill in that it does not require a vote on the pension obligation bonds. Hard to say at this point which version will prevail, but I’d expect both will have some changes made before all is said and done. HB43 was left pending in committee, so it’s not ready to advance to the House floor just yet.

Vouchers get their Senate hearing

Here we go again with this nonsense.

Senate Bill 3, authored by Republican Sen. Larry Taylor of Friendswood, would establish educational savings accounts and tax credit scholarships to fund various costs associated with parents moving their children from traditional public schools to private, parochial, or charter schools.

In an online payment process, parents could use the accounts, called ESAs, to pay for items like private school tuition, educational software and tutoring for home school students. However, the bill would prohibit parents from using the money for food or child care.

SB 3 would also allow low-income students to qualify for a tax break, Texas businesses can donate to the scholarship fund, according to the proposal.

Senators did not take a vote on SB 3 after Tuesday’s meeting, leaving the matter pending for another day. However, Taylor’s counterpart in the House, Public Education Chairman Dan Huberty of Humble, long has opposed so-called ‘school choice’ measures and said the bill likely is dead on arrival in his committee.

At Tuesday’s hearing, which drew more than 100 witnesses, Taylor defended his bill from charges that it diverts public money from cash-strapped public school districts and gives it to private schools. He said districts would retain some funding in the first year that a student decides to leave a public school, giving it time to adjust without losing all per-pupil money they currently receive from the state.

“Basically, the school will have money without a student. It will actually have more money to spend on the kids who are still there,” he said. “It gives them a year to transition or maybe in the year, to see what they need to do to move their program forward, to be more competitive.”

I’m not going to rehash the arguments for why vouchers (by any name; there’s a reason they have been rebranded as “education savings accounts”) are lousy public policy. Search my archives for “vouchers”, or read this from the CPPP if you need a reminder. Though a vote wasn’t taken at the time of the hearing, the committee did subsequently pass it out on a 7-3 count, with Republican Kel Seliger voting No. This is one of Dan Patrick’s priorities, and a rare bill on which Greg Abbott has an opinion he’s willing to say out loud, so I’m sure it will pass the Senate, and most likely die in the House. This is what victory looks like these days.

In the meantime, there was this.

A number of House members said they have received fraudulent letters in the last couple of months addressed from constituents asking them to back the ESAs.

State Rep. Drew Springer, R-Muenster, was suspicious when his office fielded 520 letters between mid-February and mid-March from constituents of his rural district, who are more likely to oppose private school choice than support it. All the letters were addressed from Austin and had the full names and addresses of each constituent at the bottom.

Springer started making calls. “We talked to a couple of dozen constituents. No one knows where they’re coming from. None of them agree with the positions that they’re even taking,” he said. He knows of about 10 other representatives who got similar letters.

One of Springer’s letters was addressed from former state Rep. Rick Hardcastle, who vacated the seat currently held by Springer about six years ago. “I don’t believe in vouchers of any kind,” Hardcastle said Monday. “It ought to be illegal … representing me for something I have no interest in supporting or helping.”

Asked about the letters, school choice advocate Randan Steinhauser said there’s a lot of enthusiasm about the issue. “We’re excited to see that many folks are contacting their legislators. We’re looking forward to hearing more about the ways these elected officials are being contacted.”

Sue Dixon, a public school teacher in Gatesville for the last 20 years, got a call from state Rep. J.D. Sheffield’s office asking whether she had sent a letter lobbying her representative to vote for vouchers.

“I said, ‘Absolutely not!'” Dixon said. “I’m upset that someone would hijack my views.”

Sheffield, a rural conservative from Gatesville, said he had received about 550 of those letters.

Here’s a more detailed article about this bizarre story. I am reminded once again of Daniel Davies’ words, that good ideas do not need lots of lies told about them in order to gain public acceptance. I don’t know if this was the work of amateurs or exceedingly hardened cynics, but I do know it is not the work of someone who is confident that the people are with them.

House releases school finance fix bill

A step in the right direction.

Rep. Dan Huberty

The top public education policymaker in the Texas House unveiled a $1.6 billion plan on Monday that he described as a first step to overhauling the state’s beleaguered school funding system.

At a Capitol press conference, state Rep. Dan Huberty said House Bill 21 would boost per-student funding for nearly every public and charter school in the state while reducing the amount of money wealthier school districts are required to give up to buoy poorer ones. The state’s so-called Robin Hood plan has become a hot-button political issue as large districts like Houston have recently had to begin making payments.

“House Bill 21 will not only improve our schools but it will also reduce the need for higher property taxes,” said Huberty, a Houston Republican who chairs of the House Public Education Committee.

[…]

He said HB 21 would increase the basic funding for almost all school districts from $5,140 to $5,350 per student per year. That would happen in part through an increase in transportation funding by $125 per student for all school districts, including property-wealthy districts that currently have limited access to that money.

It also would increase the amount of money the state gives to schools for students with dyslexia. And it would include additional funding for high schools and non-professional staff.

Huberty estimated it would lower payments that property-wealthy school districts pay to the state to subsidize property-poor school districts by $163 million in 2018 and $192 million in 2019. As the state’s share of school funding has decreased, more school districts with swelling enrollment are on the hook for such Robin Hood payments.

The bill is similar to an unsuccessful school finance initiative filed in 2015 that would’ve injected twice as much money into the system — $3 billion — and boosted per-student funding across the board. Still, $1.6 billion is a significant sum amid the current budget crunch.

This bill had a hearing yesterday as well, and despite being overshadowed by the sound and fury of the bathroom bill hearing, there was a report about it.

The bill would inject about $1.6 billion into the public education system, boosting funding for almost every school district in the state although a few would be left out. It also wouldn’t renew a soon-expiring program that awards supplemental state funds to more than 150 districts to offset a decade-old property tax cut — a major concern for education officials who depend on the funding. A provision in the bill that would award some grant money to make up for the loss isn’t enough, they told the committee Tuesday.

“My districts are going to lose,” said Mike Motheral, executive director of the Texas Small Rural School Finance Coalition. He said he represents 14 West Texas school districts that could lose up as much as 53 percent of their state revenue with the end of the state aid program.

“One of my districts will lose $4.5 million and they have a $10.5 million budget,” he said.

When the Legislature reduced property taxes by a third in 2006, it guaranteed school districts like the ones Motheral represents at least the same amount of funding they received in 2005-06 through a state aid initiative. The extra aid expires Sept. 1, so many districts have been asking for an extension to avoid falling off a funding cliff. About 156 school districts currently receive such aid.

As written, the bill proposes letting the initiative providing extra state aid expire and instituting a $100 million two-year grant program, prioritizing districts that would lose money through the new funding formulas. That’s not enough to cushion the blow, school officials told the committee Tuesday.

[…]

Numbers released Monday along with the bill show that about 35 of the state’s 1,200 school districts and charters would lose funding in 2018 and 58 would lose funding in 2019. The rest would see basic funding increase from $5,140 to $5,350 per student annually thanks to an increase in transportation funding and more money for students with dyslexia.

Many school officials and advocates who testified on the bill Tuesday said it leaves too many behind.

“We want a bill that has no losers,” said Christy Rome, executive director of Texas School Coalition, which represents mostly wealthier school districts.

Here’s HB21. I agree with Christy Rome and Mike Motheral. There shouldn’t be any losers in this. As much as HISD and the other districts affected by recapture should be made right, it should not come at the effect of these other districts. The right answer is the put enough money in to fix the formulas. Easy to say, and Lord only knows what kind of reception this gets in the Senate. But this is what it comes down to, and what needs to happen. The Chron has more.

Huberty says vouchers are dead this session

Always nice to hear.

The top education policy official in the Texas House said Tuesday that he would not allow the approval of school vouchers this legislative session, a blunt pronouncement that could be fatal to the prospects for legislation that is a priority for many top Republicans in the state.

The official, House Public Education Chairman Dan Huberty, R-Houston, said during a Texas Tribune event here that he and his colleagues in the House already had debated the issue at length and determined that vouchers would reduce school accountability by putting public dollars in private schools that are not subject to the same rules and also would distract from more pressing challenges, such as fixing the school finance system.

Asked whether that meant a high-profile voucher proposal from Lt. Gov. Dan Patrick was “dead, dead, dead,” Huberty said yes. Asked whether there was anything that could change his mind, Huberty said no.

“Why don’t we talk about the real issues?” Huberty said.

Excellent question. You can see the video of this conversation here. Rep. Huberty has been backed by the Texas ParentPAC, which came into existence back in 2005 for the purpose of supporting legislators who support public schools, which among other things means opposing vouchers. Why should we oppose vouchers? Well for one thing, they just don’t work.

Education secretary Betsy DeVos has been a champion of school vouchers for decades, and has claimed students don’t benefit from better funding of public schools. But a new report from the Economic Policy Institute shows that vouchers do not improve student achievement in any meaningful way.

A significant body of research on vouchers over the past 15 years has found that there is not enough evidence to support the claim that vouchers significantly improve student achievement, wrote Martin Carnoy, Vida Jacks Professor of Education and Economics at Stanford University. In some cases, vouchers exacerbate issues that hurt students’ quality of education, such as racial and economic school segregation and a flow of inexperienced young teachers into schools.

Research on voucher experiments in New York City, Dayton, Ohio, and Washington, D.C. showed that there were no significant improvements for students, especially for students Republicans argue will benefit from them the most: students of color.

The Opportunity Scholarship Program in Washington, D.C., which is directly funded by Congress, showed no significant reading or math gains for students who used vouchers and scholarships compared to students who did not. Still, the Trump administration may move to expand the program, The Washington Post reported.

In Milwaukee, which has the country’s largest and oldest voucher program, only one in four students attend their public school. But black students, who are the main recipients of the vouchers, had lower eighth grade math scores than students in every city but Detroit. The scores were even worse for reading, where Milwaukee eighth graders scored lower than black eighth graders in all other 12 cities included in the study. Although Milwaukee students made large gains in the 2007–2008 school year, there were not significant gains in reading between 2007 and 2011.

Although proponents of vouchers say that competition forces public schools to improve, Carnoy came to the conclusion that it is more likely that accountability measures are driving improvements in struggling public schools.

You can see that well-timed research here. Closer to home, RG Ratcliffe highlights another issue with the Patrick plan: There just aren’t many private schools in poor neighborhoods, which is both screamingly obvious when you think about it and also kind of a logistical problem.

Dallas County has more than 30,000 children attending about 100 accredited private schools. The majority are clustered in wealthier areas of North and East Dallas, the News’ analysis of education and demographic data shows.

Meanwhile, entire swaths of southern Dallas County lack a single private school. These poorer neighborhoods have lots of low-rated public schools — the very schools that voucher supporters say they want to help kids escape.

And of course, the Patrick plan wouldn’t pay the full tuition for poor kids who wanted to go to St. John’s or Hockaday or wherever, so the end effect would be even more limited. You can see why Rep. Huberty isn’t excited. What’s far less clear is what Patrick and Abbott and so on keep pushing this idea.

30 day finance reports: Pro- and anti-HERO

Some good news here.

HoustonUnites

Supporters of Houston’s contentious equal rights ordinance raked in $1.26 million during seven weeks of official fundraising, more than doubling opponents’ efforts and fueling a fierce and frenzied media campaign to court voters before the law hits the November ballot.

In campaign finance reports filed Monday that reflect late summer totals, both sides spent more than $550,000, largely on dueling TV and radio ads. But the more than $521,000 that supporters of the law still had left in campaign coffers as of Sept. 25 dwarfed the $58,000 that opponents reported in cash-on-hand.

[…]

In the battle over the city’s equal rights ordinance, Jared Woodfill, spokesman for opponents, said the campaign is unfazed by supporters’ significant fundraising totals.

Opponents reported a $100,000 donation from conservative developer Al Hartman, $25,000 from Harris County Commissioner Jack Cagle and $5,000 from Houston state Rep. Gary Elkins, among others. Longtime anti-gay activist Steve Hotze also loaned the campaign $50,000.

“We’re absolutely not intimidated at this point,” Woodfill said. “I believe the momentum is in our favor and clearly this is an ordinance that the people in Houston don’t want.”

In a news release, the Houston Unites campaign said it expected to spend $2 million before the November election.

The campaign said 80 percent of its nearly 700 donors are Houston residents.

But its efforts were also fueled by big-ticket contributions from national groups and figures.

The Washington, D.C.- based Human Rights Campaign contributed more than $200,000, and New York philanthropist Jon Stryker, a frequent donor to LGBT causes, pitched in $100,000. Colorado’s Gill Action and New York-based American Unity Fund, both LGBT advocacy groups, donated a combined $200,000.

Campaign manager Richard Carlbom, in a written statement, said the group had “certainly done well on the money front so far.”

“But, there is a great sense of urgency around fundraising this week and next,” Carlbom said. “We know from past ballot campaigns that equal rights opponents spend significant dollars in the final weeks. We must remain competitive with them in what will, no doubt, be a close election.”

The story has some highlights of candidate finance reports as well. Those can be found here, same place as the July reports. Reports for PACs can be found on the usual city finance webpage – here’s the Advanced Search link; select either the “Specific-Purpose Political Committee” or “Both” radio button, then click the “Search” button next to the “Candidate/Committee” name boxes. Latest results are on the last pages, so go to page 4; the only relevant result on page 3 is for Brenda Stardig’s campaign PAC.

There are three PACs of interest regarding HERO. Two are pro-HERO: the Houston Unites Against Discrimination PAC and the Human Rights Campaign Houston Equal Rights PAC. One is anti-HERO, the Campaign for Houston PAC. There is a “No on Houston Prop 1” PAC that shows up in the search results, but it reports no funds raised or spent.

Here’s a summary of the reports for the three active PACs mentioned above:

PAC name Raised Spent Loans On Hand ============================================================== Houston Unites 1,262,893 597,299 0 521,462 Human Rights Campaign 218,480 205,810 0 11,503 Campaign for Houston 274,785 492,231 50,000 18,494

Houston Unites had $901K in cash contributions and $359K in kind. It also reports $6,800 in loans on summary page 3, though I didn’t see any explanation of that. Some of their big donors are as follows:

Human Rights Campaign 205,810 Gill Action LLC 100,000 American Unity Fund 100,000 ACLU of Texas 95,000 Freedom For All Americans 50,000 Wes Milliken 50,000 Texas Freedom Network 25,000 Equality Texas 12,500 Annise Parker campaign 5,000 Robert Gallegos campaign 1,000

So basically, the HRC PAC was a passthrough, as all the funds they raised ($200K of which came from themselves) went to the Houston Unites PAC. A lot of these same big donors were also the main suppliers of in kind contributions, which mostly amounted to staff time and office space:

ACLU Texas 137,187 Freedom for All Americans 124,017 Human Rights Campaign 50,144 ACLU (national office) 16,750 Texas Freedom Network 15,139 Equality Texas 10,625

The expenses listed were fairly straightforward. About $360K was allocated for advertising. Some $158K was for consulting to a group called Block by Block; there were some smaller consultant expenses as well. There was about $37K for printing, and $5K for polling.

And here are the big donors for Campaign for Houston:

Allen R Hartman 100,000 Jack Cagle PAC 25,000 Ralph Schmidt 25,000 Mickey Ellis 20,000 Texans for Family Values PAC 10,000 Mac Haik Ford 10,000 Law Office of Melanie Flowers 10,000 Ryan Sitton 10,000 Anthony McCorvey 10,000 Johnny Baker 10,000 Edd Hendee 5,000 Paul Pressler 5,000 Dan Huberty 5,000 William Carl 5,000 Jay E. Mincks 5,000 Malcolm Morris 5,000 Gary Elkins 5,000 Dwayne Bohac 1,000 Jodie L. Jiles 1,000 Norman Adams 1,000

That’s $268K of the $275K they reported raising. Grassroots, they ain’t. There are some familiar names in this list. Jack Cagle is County Commissioner in Precinct 4. Ryan Sitton is a Railroad Commissioner. Dan Huberty, Gary Elkins, and Dwayne Bohac are all State Reps. Texans for Family Values is the main source of anti-gay wingnuttery at a state level. Edd Hendee is (was? I don’t listen to AM radio) a talk radio host and the owner of the Taste of Texas restaurant. I don’t recognize a lot of the other names, but I’m glad I’ve never bought a car from Mac Haik or sought legal services from Melanie Flowers.

The expense side of their report is weird. Two line items totaling $200,350.50 are to American Express for unitemized expenses. I mean, these are presumably credit card bills, so they could be for just about anything – office supplies, food, consulting expenses, strippers and porn downloads, who knows? It’s their responsibility – requirement, actually – to specify what these expenses are. My guess, if I were forced to make one, is that these are their line items for advertising costs, as there’s basically nothing else for that. But that’s just a guess, and I should note that while they listed $492,231 in total expenses on their summary page, the individual expense items only add up to $291,880. Is there an error in their form, or are there another $200K in expenditures they’re not reporting? Like I said, it’s on them to tell us. I for one will feel free to speculate wildly until they do so.

Those are the highlights for now. I am posting 30 day reports as I find them to the Election 2015 webpage. I’ll have a closer look at the reports for citywide candidates next week. Any questions about this, leave ’em in the comments.

Budget passes House as most amendments get pulled

It was a long day in the House on Tuesday and Wednesday but not a terribly bloody one as many of the budget amendments and riders that had been queued up got withdrawn. A brief recap of the action:

Border “security”:

BagOfMoney

House Democrats tried — and mostly failed — to divert funds allotted for border security and the Texas Department of Public Safety to other departments during Tuesday’s marathon budget debate.

But the rancor over immigration enforcement that many expected didn’t materialize after lawmakers agreed to pull down amendments that, if debated, would have aired ideological differences over the contentious issue.

After predicting a “bloody day” on the House floor, state Rep. Jonathan Stickland, R-Bedford, pulled an amendment that would have reduced the appropriations for a public college or university by the same amount that it awarded in grants or financial aid to undocumented students.

Last month, Stickland expressed frustration over the lack of traction for a bill he filed to eliminate a 2001 provision that allows undocumented immigrants in-state tuition.

But on Tuesday, Stickland, with little attention or fanfare, withdrew the amendment after discussions with lawmakers.

“We did some negotiations,” he said.

An amendment by state Rep. Tony Tinderholt, R-Arlington, that would have defunded the state’s Border Faculty Loan Repayment Program, which was created to help keep doctoral students on the border to teach, was also withdrawn with little attention.

On the funding, Democrats made good on their promises to try and take money from border security operations, which was at about $565 million when the day began, to local entities or other state departments.

[…]

One border lawmaker had tentative success in transferring money from DPS to his district for local law enforcement grants. An amendment by state Rep. Alfonso “Poncho” Nevarez, D-Eagle Pass, would take $10 million from the agency for that effort. But it’s contingent upon another measure — Republican state Rep. Dennis Bonnen’s House Bill 11, an omnibus border security bill — making it to Gov. Greg Abbott’s desk and getting signed.

Republicans had a bit more success in shifting money.

State Rep. Dan Huberty, R-Houston, was able to direct money into the state’s military forces for paid training for Texas’ 2,300 members of the reserve unit.

“Most of them reside in most of our districts, and we have zeroed out money for training,” he said.

But the success came after a lengthy back and forth between Huberty and members upset at where the funds would be taken from. Huberty offered one amendment that would have taken $2.2 million from the Texas Agriculture Department. That didn’t sit well with Democrat Tracy King, D-Batesville, the chairman of the House Agriculture and Livestock Committee. Huberty eventually pulled that amendment and instead took $2.2 million from the Texas Facilities Commission.

Huberty specified on Monday that the money is not intended to extend the Texas National Guard’s deployment on the Texas-Mexico border.

The Senate wants to spend even more money on the ridiculous border surge, so this fight is far from over. The fact that this is a complete boondoggle that makes the rest of the state less safe, it’s one of the few things that certain legislators actually want to spend money on.

The voucher fight was similarly deferred.

A potentially contentious vote on a measure that would have banned spending public money on school vouchers was avoided after its author withdrew the amendment.

Rep. Abel Herrero (D-Corpus Christi) said he pulled the amendment because it wasn’t necessary.

“Given the commitment of the House to supporting public education, I felt this amendment was duplicative,” Herrero said. It also would have forced some lawmakers to take a difficult vote, caught between turning their backs on their district’s public schools and potentially earning the ire of conservative interest groups.

A coalition of Democrats and rural Republican lawmakers has coalesced during the past two decades to defeat voucher legislation. Herrero said the anti-voucher coalition is still strong.

“The coalition is solid,” Herrero said, “Vouchers for all intents and purposes are dead in the House.”

The coalition may be strong, but Texas Republican Party Chairman Tom Mechler is working to weaken it. Mechler sent a letter to GOP legislators Tuesday pushing them to vote against Herrero’s amendment.

If you followed the budget action on Twitter, this was the first major amendment to get pulled, and it was a sign of things to come. Attention will shift to Public Education Chair Jimmie Don Aycock when that loser of a bill passes the Senate.

Finally, you knew there had to be a moment that would be worthy of the Daily Show and the kind of viral mockery that makes us all heave deep sighs. Sure enough:

Seven hours into Tuesday’s debate on the House’s $210 billion two-year budget, things got first heated and then uncomfortable as state Rep. Stuart Spitzer, R-Kaufman, successfully pushed an amendment to move $3 million from HIV and STD prevention programs to pay for abstinence education.

A line of opponents gathered behind the podium as Spitzer laid out his amendment and proceeded to grill, quiz and challenge the lawmaker on his motives.

“Is it not significant that Texas has the third-highest number of HIV cases in the country?” state Rep. Sylvester Turner, D-Houston, asked. “Does it bother you to know there are people walking around with HIV, undiagnosed?”

Turner and Spitzer also had an exchange over how Spitzer had arrived at his price tag. “If we gave you a billion dollars for abstinence, would that be enough?” Turner asked. “Or would you need two?”

[…]

Texas allows school districts to decide whether and how to approach sex education, as long as they teach more about abstinence than any other preventive method, like condoms and birth control. But a number of representatives questioned the effectiveness of this program.

State Rep. Chris Turner, D-Grand Prairie, pointed out that the state currently has one of the highest rates of teen pregnancy in the country, and the single-highest rate of repeat teen pregnancy.

“It may not be working well,” said Spitzer, in reference to the current abstinence education program. “But abstinence education is HIV prevention. They are essentially the same thing.”

State Rep. Harold Dutton Jr., D-Houston, took to the podium and asked Spitzer, “Were you taught abstinence education? Did it work?”

Spitzer replied that he was a virgin when he married at age 29. “I’ve only had sex with one woman in my life, and that’s my wife,” Spitzer said.

Dutton continued. “And since you brought it up, is that the first woman you asked?”

“I’m not sure that’s an appropriate question,” Spitzer responded.

The House was called to order, and Rep. Nicole Collier, D-Fort Worth, took the microphone. “Earlier you stated that you could not get STDs without having sex,” she said.

“It depends on what your definition of sex is,” said Spitzer. “I can go through of all of this if you want to.”

“If you still think you can’t get an STD without having sex, then maybe we need to educate you,” Collier added.

Spitzer’s amendment ultimately passed 97 to 47.

Spitzer is a medical doctor, because having one Donna Campbell in the Lege just wasn’t enough. He must have been absent the day they went over how intravenous drug use is a frequent means of transmission for HIV. This is another lesson the state of Indiana could teach us if we cared to pay attention. The Observer, Nonsequiteuse, RG Ratcliffe, Trail Blazers, and Newsdesk have more.