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Drew Springer

ERCOT’s overcharges

Oops.

The Electric Reliability Council of Texas made a $16 billion error in pricing during the week of the winter storm that caused power outages across the state, according to a filing by its market monitor.

Potomac Economics, the independent market monitor for the Public Utility Commission of Texas, which oversees ERCOT, wrote in a letter to the Public Utility Commission that ERCOT kept market prices for power too high for nearly two days after widespread outages ended late the night of Feb. 17. It should have reset the prices the following day.

That decision to keep prices high, the market monitor claimed, resulted in $16 billion in additional costs to Texas power companies. The news of the overcharging was first reported by Bloomberg.

Some of the providers that were charged during the high price period could pass the costs to customers, depending on the type of contract they have, according to Detlef Hallermann, director of the Reliant Energy Trade Center at Texas A&M University.

In Texas, wholesale power prices are determined by supply and demand: When demand is high, ERCOT allows prices to go up. During the storm, PUC directed the grid operator to set wholesale power prices at $9,000 per megawatt hour — the maximum price. Raising prices is intended to incentivize power generators in the state to add more power to the grid. Companies then buy power from the wholesale market to deliver to consumers, which they are contractually obligated to do.

Because ERCOT failed to bring prices back down on time, companies had to buy power in the market at inflated prices.

The error will likely result in higher levels of defaults, wrote Carrie Bivens, a vice president of Potomac Economics, the firm that monitors the grid operator. She said the PUC should direct ERCOT to remove the pricing interventions that occurred after outages ended, and allowing them to remain would result in “substantial and unjustified” economic harm.

At least $1.5 billion could be passed on to retail electric providers and their customers. Some retail providers have already begun to file for bankruptcy.

[…]

“The ERCOT market was not designed to deal with an emergency of this scale,” wrote Patrick Woodson, CEO of ATG Clean Energy Holdings, a retail power provider based in Austin, to the Public Utility Commission. The pricing failure, he wrote, “has pushed the entire market to the brink of collapse.”

Bivens wrote that while she recognizes that retroactively revising the prices is “not ideal,” correcting the error will reflect the accurate supply and demand for power during the period after the outages.

First and foremost, most if not all of that $16 billion in overcharges needs to be refunded to the customers and retail providers. This isn’t a matter of reading the fine print, it’s a matter of the market failing. No one should have to pay those extortionate rates, and no one should have their credit ratings dinged because they were charged those extortionate rates.

Second, the PUC cannot be allowed to authorize such rates again in the future. I don’t know if this was a process problem or a judgment problem, but either way the effect was extremely damaging. That needs to be a high priority.

But in some sense, these are just details. The big picture problem is that the system we have in place failed completely during the freeze week. The bright idea behind this deregulated, market-driven system of power delivery is that it’s supposed to provide incentives to power companies to ensure there’s a sufficient supply of power, while lowering prices for the customers. The latter has long been a massive failure, but we see now how the former failed as well. All it did was serve as incentive for the system to be gamed. We can tinker around the edges and maybe put in some guard rails, but the underlying problem won’t be solved.

Of course, the Republicans in charge aren’t interested in systemic reform, because they think everything was just fine outside of that one unfortunate week. The real first step in solving this problem is getting people into office that want to solve it. The Chron has more.

UPDATE: That’s not how you fix it.

Texas’ utility regulator had an opportunity Friday to eliminate some of the $16 billion that the state’s grid operator erroneously overcharged power companies during last month’s deadly winter storm — but the board of the Public Utility Commission chose not to do so.

Some Texas electricity customers could have benefited from a decision to readjust the electricity market prices for the week of the storm, according to PUC Chair Arthur D’Andrea and some independent analysts. But other customers could have been harmed by such a move, D’Andrea said.

“I totally get how it looks like you’re protecting consumers [by readjusting electric prices],” D’Andrea said Friday during a PUC meeting. “But I promise you you’re not.”

D’Andrea added that a retroactive decision would have winners and losers: “You don’t know who you’re hurting. And you think you’re protecting the consumer and it turns out you’re bankrupting [someone else].”

[…]

State Sen. Drew Springer, R-Muenster, was hoping for a different decision by the PUC on Friday.

“Keeping the market at an artificial $9,000 for 32 hrs cost $16B,” Springer tweeted, adding that the Potomac Economics report “says those hours should be repriced, I agree.”

You have the power to do something about that, Sen. Springer. What are you going to do?

HD68 special election goes to a runoff

As expected, though there is a clear leader going into the next round.

Sen. Drew Springer

Republicans David Spiller and Craig Carter appear to be headed to a runoff in the special election to fill the seat of former state Rep. Drew Springer, R-Muenster, now a state senator.

With all precincts reporting Saturday night, Spiller — the top fundraiser in the race — had a significant lead, holding 44% of the vote, with Carter taking 18%, according to unofficial results from the Texas Secretary of State. Carter was closely followed by another GOP candidate, John Berry, who trailed Carter by about 60 votes Saturday night. Jason Brinkley, also a Republican, snuck in fourth place, with 16% of the vote. The only Democrat running, Charles D. Gregory, finished last with 4%.

Spiller is an attorney and Jacksboro school board trustee. Carter is a former candidate for an overlapping Texas Senate district.

[…]

Abbott will set a date for the runoff election sometime in February, after the votes are canvassed, according to the secretary of state’s office.

See here and here for the background. Berry, now trailing Carter by 57 votes (unofficially), could ask for a recount once the overseas and provisional ballots are in. Assuming there is no change in who finished second (highly likely things remain as is), there may be some pressure on Carter to concede and allow Spiller to be sworn in now. Spiller got over 700 more votes than the next two candidates combined, so one could argue that there’s not much suspense in the runoff. One could also argue that the first part of this campaign was quiet and uncontentious, and as such there may be some relevant information about these candidates that the voters have not had the chance to learn. Most likely the runoff happens, and Spiller is elected anyway. For now, the House remains at 149 members.

How bad will the attack on voting be this session?

Hard to say, but there’s no reason to be particularly optimistic.

As the country’s political polarization reaches a boiling point — illustrated vividly Wednesday by the violent takeover of the U.S. Capitol by supporters of the president who believed his false claims that the election was stolen — Texas Republicans are seeking to make some of the nation’s strictest voting laws even stricter.

They say the unrest sparked by the events Wednesday is likely to invigorate discussions over the matter in the state Legislature, where the 2021 session will begin Tuesday.

Several election-related bills have been filed by lawmakers on both sides of the aisle — though their aims are in direct opposition, with Democrats looking to ease up laws they see as suppressing the vote and Republicans trying to curb the opportunities for the fraud they say plagued the 2020 election.

Democrats have filed about two-thirds of the election-related bills, with the other third coming from Republicans.

“If this week has highlighted anything, it’s that we need to protect and encourage democracy and that it’s fragile,” said Rep. John Bucy III, an Austin Democrat who sits on the House Elections Committee. “And so these types of bills are worth the investment.”

Election integrity was voted one of the Texas GOP’s top eight legislative priorities in 2020 by its members. Republican bills include measures to tighten mail voting restrictions and stop governors from changing election laws during disasters, two concerns that President Donald Trump raised in his election challenges.

[…]

State Sen. Paul Bettencourt, R-Houston, filed legislation that would codify a Texas Supreme Court decision that blocked Harris County from sending mail ballot applications to every registered voter in the county ahead of the November election. Texas is one of 16 states that require voters to have an excuse to vote by mail.

Bettencourt said Harris County’s move to mail the applications “would have certainly caused more voter confusion” because most recipients would not have been eligible for an absentee ballot. The state Supreme Court ruled last year that voters’ lack of immunity to the coronavirus alone does not qualify as a disability that makes them eligible to vote by mail, but could be one of several factors a voter may consider.

Other bills filed by Republican lawmakers aim to correct the voter rolls, such as one filed by newly elected Sen. Drew Springer that would require voter registrars to do various checks for changes in address on an annual basis.

Springer said the bill was inspired by an Ohio law that the U.S. Supreme Court in 2018 upheld that allows the state to purge voters from the registration rolls if they do not return a mailed address confirmation form or don’t vote for two federal election cycles. The Texas bill would require registrars to use data from the U.S. Postal Service and property records for inactive voters to identify possible changes of address, then to send the notice requesting confirmation of their current residence.

The Bettencourt bill, as described, doesn’t concern me much. Even in 2020, and even with all of the COVID-driven changes to election procedures, not that many people voted by mail, and the vast majority of those who did were over 65. Those folks will get their vote by mail applications one way or another. Unless there’s more to this, this bill is all show.

The Springer bill is potentially more concerning, but the devil will be in the details. I continue to have hope for a revamped federal law that will do a lot to protect voting rights that will blunt the effect of efforts like these, but it’s very much early days and there’s no guarantees of anything yet.

I did not excerpt a section of the story in which Rep. Steve Toth will propose a constitutional amendment that would require a special session of the Legislature in order to renew a state of disaster or emergency declaration past 30 days. It’s presented as a voting rights-adjacent measure, prompted in part by Greg Abbott’s extension of the early voting period, but as we discussed many times last year, there’s a lot of merit in asserting the role of the Legislature in these matters. I don’t trust Steve Toth any more than I trust Steven Hotze, but on its face this idea is worth discussing. It also would require a substantial number of Dems to support it, so there’s room for it to be a positive force. We’ll see.

There are bills put forth by Dems for obvious things like online voter registration, same day registration, no excuses absentee balloting, and so forth, all of which have little to no chance of being adopted. I’ve said before that I think people like voting to be easy and convenient for themselves and that Democrats should campaign on that (among other things), so I’m delighted to see these bills. I just know they’re not happening this session.

Beyond that, I’m sure there will be worse bills filed than what we’ve seen here. I won’t be surprised if there’s a push to amend the voter ID law to include absentee ballots, now that those are no longer seen as Republican assets. I’m sure there will be a bill officially limiting mail ballot dropoff locations, and maybe one to limit early voting hours. For sure, there’s a significant contingent of Republicans that would like to make voting extra super inconvenient for everyone, as well as make the penalties for whatever minor offense Ken Paxton can find to charge someone with as harsh as possible:

Laugh at the lunacy that is Allen West all you like, the man is in a position of influence. Note also the attack on drive-through voting, which is another likely target even without this hysteria. I don’t know how far the Republicans will go, but they’ll do something. We can do what we can to stop them, and after that it’s all about winning more elections. It’s not going to get any easier.

Early voting for HD68 special election starts today

Assume this will go to a runoff.

Sen. Drew Springer

Four Republicans and one Democrat have filed for the special election to replace state Sen.-elect Drew Springer, R-Muenster, in the Texas House.

The filing deadline for the Jan. 23 election was 5 p.m. [last] Monday.

The four GOP candidates for the seat in rural northwest Texas, which is safely Republican, are:

  • John Berry, a Jacksboro financial planner
  • Jason Brinkley, Cooke County judge
  • Craig Carter, a former candidate for overlapping Texas Senate District 30
  • David Spiller, a Jacksboro attorney and Jacksboro school board trustee

The sole Democratic candidate is Charles D. Gregory, a retired postal worker from Childress, according to the secretary of state’s office.

See here for the background. I don’t know anything about any of these candidates, so at this time I have no clue who is worth rooting for, or against. There will be two Republicans in the runoff – the district is way too Republican for any other possibility – so it’s a question of which if any are normal Republicans, and which are the “smear themselves in paint, put on fur and a Viking helmet, and storm the Capitol in an attempt to overthrow the government” type of Republican. If you have any comments on these candidates, please let us know.

HD68 special election set

Welcome to your first election of 2021.

Sen. Drew Springer

Gov. Greg Abbott has selected Jan. 23 as the date of the special election to fill the seat of state Rep. Drew Springer, R-Muenster, who recently won a promotion to the Texas Senate.

The candidate filing deadline is a week away — Jan. 4 — and early voting begins a week after that.

Springer is headed to the upper chamber after winning the Dec. 19 special election runoff to replace Sen. Pat Fallon, R-Prosper, who is on his way to Congress next month.

Springer’s House District 68 is safely Republican. It covers a rural swath wrapping from north of the Dallas-Fort Worth suburbs up into the Panhandle.

At least two Republicans have already announced campaigns for the House seat. They are Jason Brinkley, who is resigning as Cooke County judge to run for the seat, and David Spiller, a Jacksboro attorney and Jacksboro ISD trustee.

The Jan. 23 date means that Springer’s successor could be sworn in early in the 140-day legislative session, which begins Jan. 12. State law gives Abbott the power to order a sped-up special election when a vacancy occurs within 60 days of the session.

See here for the background. “Safe Republican” is almost an understatement – as noted, Ted Cruz got over 83% of the vote in 2018 in HD68. When Springer’s successor could be sworn in is more a function of whether or not there’s a runoff – that’s the difference between a January swearing-in, and one in March. This is the only special legislative election on the docket at this time. That can vary a lot from cycle to cycle – there were multiple special elections and runoffs in 2015 and 2019, none in 2011 and 2017, and one in 2013. The House will move forward with 149 members until this is resolved in HD68.

Springer defeats Luther in SD30

Congratulations.

Rep. Drew Springer

State Rep. Drew Springer of Muenster prevailed over fellow Republican Shelley Luther in a special election runoff for a state Senate seat that was animated by Gov. Greg Abbott and his handling of the coronavirus pandemic.

Luther is the Dallas salon owner who was jailed earlier this year over her refusal to close her business due to coronavirus restrictions. Throughout the race, she was an outspoken critic of Abbott, who endorsed Springer in the runoff and spent hundreds of thousands of dollars of his own campaign funds to beat back Luther in the race to succeed outgoing state Sen. Pat Fallon, R-Prosper.

[…]

Springer declared victory on social media, posting statements on Twitter and Facebook that said he would “continue advancing the conservative priorities of our district like reducing property taxes, securing the border, and standing up for our law enforcement and first responders who keep our communities safe.”

“I will fight to ensure Texas remains the premier place in the nation to do business, so we can unleash the private sector to create jobs and move us out of this recession,” he wrote.

Luther ran as a political outsider, attacking Springer as a tool of the “Austin swamp” who would go along to get along in the upper chamber. Springer campaigned as a proven conservative, arguing Luther could not be trusted.

When it came to the pandemic, Luther leaned heavily on her experience being sent to jail, labeling Abbott a “tyrant” over the business shutdowns he initiated and calling for a 2022 primary challenge to the governor. While not as bombastic, Springer also expressed disagreement with some of the governor’s coronavirus handling, even after earning Abbott’s endorsement.

See here for the background. Like I said, there were no good choices in this race, but but at least we’ve been spared the hot takes and national attention that a Luther win would have meant. Maybe now Shelley Luther will go back to being an obscure small business owner that none of us had to pay attention to or care about. We can hope for that much.

Springer’s win will also trigger another special election, to fill his seat in HD68. I presume Abbott will call that pretty quickly after Springer gets sworn in, since the session is about to begin. I’d expect it in late January, and any subsequent runoff would be in early March or so. Like SD30, this is a deep red district 83.3% for Ted Cruz in 2018), so the partisan balance is not in doubt. The only question is whether Springer’s replacement will be more like him, or more like Shelley Luther.

It’s runoff day in SD30

Truly the final election of 2020.

Rep. Drew Springer

Gov. Greg Abbott stayed out of the September special election for a Texas state Senate seat in rural North Texas, content to let his coronavirus response become a flashpoint between two members of his own party.

But now that the race is down to a Saturday runoff, Abbott has gone all in.

The race pits state Rep. Drew Springer of Muenster against fellow Republican Shelley Luther, the Dallas salon owner who went to jail after defying Abbott’s pandemic orders earlier this year. Ahead of the 2021 legislative session — and the 2022 primary season — Abbott is determined to make an example out of Luther, who has become an avatar of his intraparty detractors.

Abbott endorsed Springer earlier this month, making official a preference that many had suspected after Luther spent months lacerating Abbott’s pandemic management. The governor’s campaign has since made over a quarter-million dollars worth of in-kind contributions to Springer. And in the runoff’s final week, his campaign is airing a TV spot attacking Luther, the first time it has spent serious ad dollars against a member of his own party since he sought to defeat a trio of state House Republicans in the 2018 primary.

“What are they so afraid of?” Luther asked during a debate Wednesday, leaning in to the proxy war that was apparent before the September election but has become far more explicit since then.

As Abbott has poured his campaign resources into the runoff, Luther has received even more funding from Tim Dunn, the hard-right megadonor and board chair of the advocacy group Empower Texans who has overwhelmingly bankrolled her campaign. After loaning Luther $1 million during the first round, he has donated $700,000 to her in the runoff, including $200,000 on Monday.

Springer said during the debate that Luther has taken “$1.7 million from a billionaire in West Texas who is trying to buy this seat.”

“He knows he will control Shelley Luther,” Springer said, “and that is why he is willing to spend that kind of money.”

[…]

While at least a couple of new issues have cropped up in the runoff, the race remains animated by Abbott’s coronavirus handling and conservative angst over it. There was a fresh reminder of the state’s restrictions earlier this month when a large part of North Texas had to roll back business reopenings because its hospital region saw coronavirus patients make up more than 15% of its capacity for seven straight days.

When Abbott endorsed Springer, Luther issued a response that reminded supporters that it was the governor’s “unconstitutional orders that put me in jail for opening my business.” (Abbott later updated an order to remove the threat of jail time.) And at the end of the response, Luther attached an illustration depicting the runoff as a choice between Abbott and Springer, both wearing masks, and her and President Donald Trump, both unmasked.

Let’s be clear that neither of these candidates are any good from our perspective. Springer at least has some amount of “normal legislator” about him – the Texas ParentPAC sent out an email on Thursday announcing their support for Springer, so he’s got that going for him – while Luther is both a complete vanity candidate – as in, entirely motivated by her own self interest – and the preferred candidate of the Empower Texans evil empire. The only positive she brings is the poke in Abbott’s eye she would bring. I may get five seconds of grim enjoyment out of that if she wins today, but that’s about it.

The next elections

Just a reminder, there are two elections on the calendar for December:

See here for the background. The first link in that tweet goes to this County Clerk press release, which came out right after the election was officially set by the court. Doesn’t look like early voting information is available at harrisvotes.com yet, but I expect it will be soon. Oh, and if somehow you or someone you know who lives in the district is not registered to vote, the deadline to do so and vote in this election is tomorrow.

Meanwhile, up north:

Gov. Greg Abbott announced Saturday that Dec. 19 will be the date for the special election runoff to succeed state Sen. Pat Fallon, R-Prosper.

The runoff in Fallon’s solidly red district pits state Rep. Drew Springer, R-Muenster, against fellow Republican Shelley Luther, the Dallas salon owner who was jailed earlier this year over her refusal to close her business due to coronavirus restrictions.

Early voting for the runoff will start Dec. 9, Abbott said.

Luther and Springer finished close together in the Sept. 29 special election, which included three other Republicans and a Democrat. Luther edged out Springer, 32.17% to 31.93%, ahead by 164 votes out of 68,807 total.

That story is from October – there were just too many other things happening around then to blog about a two-months-out special State Senate election, but now is a better time for that. If Rep. Springer wins, then there will be another special election to fill his seat. Some years we get a fair bit of shuffling after the November election. In 2019, we had a special election to fill SD06 after now-US Rep. Sylvia Garcia was elected in CD29, then another special election to fill HD145 after now-Sen. Carol Alvarado won that race. Specials were also needed in HDs 79 (Joe Pickett resigned due to health issues) and 125 (Justin Rodriguez was appointed to Bexar County Commissioners Court). You never know what may happen this year. One way or another, it’s always election season somewhere.

Looks like (maybe) we have a Speaker

I give you Rep. Dade Phelan. May he not spontaneously combust in spectacular and self-inflicted fashion like a drummer for Spinal Tap the last Speaker.

Rep. Dade Phelan

State Rep. Dade Phelan, R-Beaumont, announced Wednesday he has the votes needed to become the next speaker of the Texas House and soon after released a bipartisan list of 83 members supporting his candidacy. That number, should it hold, is more than enough votes for Phelan to win the gavel when the Legislature convenes in January.

But Phelan’s main competitor for the speakership, state Rep. Trent Ashby, R-Lufkin, indicated in a statement he was not backing down from the race and said the GOP caucus should meet per its bylaws to “vote to back a candidate … as soon as possible.”

The news comes hours after the GOP maintained its majority over the lower chamber, fending off a well-funded challenge from Democrats who had hoped to flip the House for the first time in nearly two decades.

“The race is over,” Phelan said at a noon press conference at the Texas Capitol, saying he has a “supermajority of the Republican caucus” and a “broad coalition of support” from Democrats. A candidate needs a majority of the 150-member chamber in order to win the gavel and preside over the House.

As election results came in Tuesday, the eight candidate field for speaker — four Democrats and four Republicans — seemed to consolidate into two camps: a group supporting Phelan and another backing Ashby. Both candidates had filed for the gavel in recent days as the race quickly escalated heading into Election Day.

On Tuesday night, one Republican in the race, state Rep. Geanie Morrison of Victoria, announced she was backing Ashby for the job. And on Wednesday morning, another Republican in the race, Chris Paddie of Marshall, announced he was supporting Phelan.

“Last night … was a very long, long process — and now it’s time to heal,” Phelan said at the press conference. “The work of the 150 members coming together to serve Texas begins today.”

There had been some Speaker-related news on Monday and even Tuesday, and I had prepped a post about it, which I knew would likely become obsolete as soon as we knew the House situation. And indeed, here we are. That draft is beneath the fold, if you’re interested. Needless to say, the next Legislature has a long to-do list in front of it, and a Speaker who can help get the main things done in a reasonable way will be welcomed by the members. One who can also tell Dan Patrick to go pound sand and who will never commit the classic blunder of saying stupid stuff to Michael Quinn Sullivan, especially when there might be a recorder in operation, would be nice. Good luck to Rep. Phelan if he is indeed the presumptive Speaker. As noted in the story, Rep. Ashby, who has now withdrawn from the race and backed Rep. Morrison, does not see this as being over. Reform Austin, which notes that three of the four Democrats who had filed for Speaker are on that letter Phelan released, has more.

(more…)

We need an official Speaker candidate tracker

We’re up to five now, and we’re likely not done yet.

Rep. Trent Ashby

State Reps. Trent Ashby of Lufkin, Chris Paddie of Marshall and John Cyrier of Lockhart join two Democrats in seeking the gavel: Senfronia Thompson of Houston and Trey Martinez Fischer of San Antonio. More candidates are expected to file, perhaps after the Nov. 3 election once it’s clear which party will be in control of the chamber.

In statements, both Ashby and Cyrier pointed to the legislative session beginning in January — and the challenges state lawmakers will all but certainly have to tackle — to help make their pitch for why they’re the best candidate for the job.

“Given the collective challenges we will face in upcoming legislative session, as we continue our battle with COVID-19 and work to balance a budget despite revenue challenges, it is critically important that the next Speaker fosters the trust and cooperation necessary to overcome these challenges and deliver the results that all Texans expect and deserve,” Ashby, who has served in the House since 2013, said.

Cyrier, who has served in the House since 2015, said the session “will be a demonstration of Texans’ resilience.”

“My top priority as speaker will be to work with all members of the House and build consensus during what is sure to be a challenging session,” Cyrier said.

Paddie, who has served in the lower chamber since 2013, did not immediately release a statement about his bid.

As noted, Reps. Senfronia Thompson and Trey Martinez Fischer are already in. None of the three Republicans were among the crowd that had made a move towards running for Speaker before the last session; five of those seven will be in the 2021 Lege, so there is definitely the possibility of a larger field. I should note that Rep. Thompson picked up the endorsements of her fellow Harris County Democratic legislators, and also of the Texas Legislative Black Caucus, thus giving her the most supporters for now, though still far from a majority.

We’ll have a much better idea of how this may shake out once we know how many Ds and how many Rs there will be. And as a reminder: Right after the election is when some number of members announce their intent to step down, thus necessitating a special election to replace them. Rep. Drew Spinger is in the runoff for SD30, scheduled for December 19, so his seat may become vacant right before the opening gavel as well. I say this all because the number we have on November 4 may be different than the number we have on January 4, and that could have a real effect on who has enough votes to actually become Speaker. The potential for chaos, and maybe even some shenanigans, is quite high. The Lege is never more entertaining when those things are true.

UPDATE: And now there are six:

Possibly by the time you read this, there will be more announced candidates. You see what I mean when I say we need a tracker.

UPDATE: And now there are seven:

All members of the House that are not running for Speaker, please raise your hand.

Luther and Springer advance to SD30 runoff

By the way, that special election in SD30 to succeed Pat Fallon was on Tuesday, and the two presumed leading contenders were basically tied at the top.

Sen. Pat Fallon

Republicans Shelley Luther and Drew Springer are advancing to a runoff in the special election to replace state Sen. Pat Fallon, R-Prosper, according to unofficial election returns.

Each was getting about 32% of the vote late Tuesday in the six-way special election, with all polling locations reporting. Luther is the Dallas salon owner who was jailed earlier this year after refusing to close her business due to coronavirus restrictions, and Springer is the state representative from Muenster. The runoff has yet to be scheduled.

The sole Democratic candidate, Jacob Minter, was trailing in third with 21% of the vote. None of the other three candidates broke double digits.

Tensions were already running high between Luther and Springer, and the runoff is poised to be even more contentious. Addressing supporters shortly after 10 p.m. in Aubrey, Luther sought to prepare them for a brutal second round.

“I refuse to act like a politician,” she said. “I refuse to sling personal mud and lies … so when we go to this runoff, no matter how dirty they get, no matter how disgusting they are, we will rise above that because we don’t need to be that way.”

Springer briefly thanked his supporters on social media a short time later. “On to the runoff!” he wrote.

See here for the background. The runoff will be scheduled by Greg Abbott after the vote has been officially cannvassed; my best guess is it will be in early December. The choice, such as it is, is between standard issue conservative Republican Drew Springer and Empower Texans-backed Abbott-bashing loose cannon Shelley Luther. May God have mercy on the souls of everyone who will be subjected to another sixty days or so of advertising in this race.

Six file in SD30

One of these folks will be a State Senator.

Sen. Pat Fallon

The most prominent contenders for the solidly red seat are state Rep. Drew Springer of Muenster and fellow Republican Shelley Luther,the Dallas salon owner who was jailed earlier this year over her refusal to close her business due to the coronavirus pandemic. Both Springer and Luther had announced their campaigns ahead of Friday’s filing deadline.

Here are the four other candidates who filed to compete in the Sept. 29 special election:

  • Republican Craig Carter, who ran against Fallon in the 2018 primary for the state Senate seat and got 15% in the three-way contest
  • Republican Andy Hopper, a Decatur engineer and member of the Texas State Guard
  • Democrat Jacob Minter, recording secretary for the International Brotherhood of Electrical Workers Local 20
  • Republican Chris Watts, mayor of Denton

The special election is happening because Fallon is poised to join Congress after party insiders picked him earlier this month to replace former U.S. Rep. John Ratcliffe, R-Heath, on the November ballot. Fallon is likely to win the general election because the congressional district is overwhelmingly Republican.

See here for the background. It’s nice to see a Democrat in the race, but as I said before this is a super-red district, so keep your expectations very modest. Early voting begins September 14, and Election Day is September 29. Rep. Springer has the support of outgoing Sen. Fallon and a significant portion of the Republican House cancus, but expect this to go to a runoff anyway.

Special election set for SD30

Can’t wait till November, apparently.

Sen. Pat Fallon

Gov. Greg Abbott on Sunday announced the special election to replace state Sen. Pat Fallon, R-Prosper, will be Sept. 29, setting off a sped-up race to fill his seat ahead of the next legislative session now that he is likely headed to Congress.

Minutes after Abbott’s announcement, state Rep. Drew Springer, R-Muenster, announced his campaign for the safely red seat in Senate District 30. Springer also said he had Fallon’s endorsement.

“I bring my conservative record & hard work to the race, along with a life of being raised, educated, & working in SD30,” Springer tweeted.

The filing deadline for the special election will be less than a week away — Friday — and early voting begins Sept. 14, according to Abbott’s proclamation.

Abbott invoked what is known as an “emergency special election” to schedule the contest on a tighter timeline than usual. He cited the need for SD-30 to have representation when the Legislature returns in January, particularly in light of the coronavirus pandemic.

[…]

The timing of the special election had been up in the air in recent days because Fallon had not vacated the seat yet and said as recently as Wednesday he was still figuring out when to give it up. Fallon ended up resigning in a letter to Abbott dated Saturday, saying the resignation would be effective at midnight Jan. 4.

The winner of the special election will finish Fallon’s term, which goes until January 2023.

I mean, okay, sure, but I can’t help but feel a little bitter about the nickel-and-dime treatment Abbott gave Sylvia Garcia’s resignation, in July of 2018. He did eventually set a short date for a special election when Garcia resigned again, with language that wasn’t nitpick-able. Maybe I’m making too big a deal over something that was ultimately more petty than meaningful, but here I am anyway.

In the meantime, Rep. Springer’s main opponent will be this person.

Shelley Luther, the Dallas salon owner who was jailed over reopening her business amid the coronavirus pandemic, said Saturday that she is running for Texas Senate.

Luther, who lives in Denton County, had been considering a run to replace state Sen. Pat Fallon, R-Prosper, in a yet-to-be-called special election now that he is poised to head to Congress.

“You better bet I’m putting my hat in the ring,” Luther said during a “Back the Blue” rally supporting law enforcement in Denton County.

[…]

At the rally, Luther touted herself to a cheering crowd as someone who would “stand up and go to jail for you,” saying she would “do it again and again because I’m gonna fight to keep our Texas values.” She made the remarks in a video from the rally posted to her Twitter account.

Earlier this month, county and precinct chairs picked Fallon to replace former U.S. Rep. John Ratcliffe, R-Heath, on the fall ballot now that Ratcliffe is the director of national intelligence. While there is a Democratic nominee, Russell Foster, Fallon is likely to win in November because the congressional district is overwhelmingly Republican.

The special election to finish Fallon’s term in safely red Senate District 30 has not been set yet — and it cannot be scheduled until he vacates the seat. He could do that automatically by taking office in January as a congressman or by resigning early.

Fallon said Wednesday he is still figuring out when to vacate the seat but that he was intent on ensuring there is “not gonna be a gap where there’s no senator.”

See here for the background. Denton Mayor Chris Watts is also a potential candidates for this race. There may be a Democrat at some point, but this is a district that voted 72% for Ted Cruz in 2018, so don’t expect much. We’re rooting for the least worst Republican here, and who that is may be hard to tell at a glance. Shelley Luther has a lot of notoriety and a fine grasp of the kind of blonde-suburban-lady grievance politics that elevated another blonde lady named Shelley to prominence some years ago. Stock up on the Maalox now, you’re going to need it.

Most likely, the timing of this special election to some extent takes care of any concerns Republicans may have about the House being down a member if Springer wins and there needs to be a special to replace him. You can probably have a runoff for this seat by early November, and thus a special for Springer’s House seat in December, with a runoff in January. Still could possibly get dicey if there’s a tight Speaker’s race, but one can only do so much. The set of circumstances where this all matters is fairly limited, though if it does matter it will matter a lot. We’ll see how it goes.

That’s a weird definition of “thriving”

I have three things to say about this.

Surrounded by fellow Libertarians during a 2018 election night watch party at a rented Airbnb in Fort Worth, Eric Espinoza, who was running for state Rep. Jonathan Stickland’s seat, saw a Facebook message notification pop up on his phone.

“‘It’s people like you who are preventing other candidates from winning,’” he recalls the message saying, though he doesn’t recall which candidate the sender supported.

“I was like, ‘Hey, guys, look — I think I finally made an impact,’” Espinoza remembers saying, as he passed his phone around to others in the crowded living room.

“That to me was like, OK, cool, I was able to affect something so much that somebody who knows nothing about me, and nothing about why I ran, blames me for somebody losing — when it’s not the votes. It’s not that I took votes from them; it’s that people didn’t want to vote for that person, and they had a better option.”

Republicans and Democrats alike will blame third-party candidates for siphoning votes from traditionally two-way races. Espinoza not only took votes that might have gone to Stickland, a Republican, but he had more votes than Stickland’s margin of victory. Stickland beat his Democratic challenger by fewer than 1,500 votes, and Espinoza, in third place, had racked up more than 1,600.

It’s still rare for third-party candidates to capture enough votes to potentially sway an outcome — in the past three general elections, there have been just six such instances, according to a Hearst Newspapers analysis. But the number is growing, in a sign of tightening Texas elections.

[…]

A year after some of the most competitive state-level races in decades, Texas Republicans moved to make it easier for third-party candidates to receive and maintain a spot on the ballot. In doing so, they returned ballot access to the Green Party after it lost it following the 2016 election.

“Maybe Republicans are just kind of viewing this as, either you could call it an insurance policy or maybe it’s a way to subject the Democrats to things they’ve been subjected to on the part of the Libertarians,” said Phil Paolino, an associate professor of political science at the University of North Texas who has studied the effect of third parties on presidential races.

As elections get tighter, Paolino said, “you might see a few more races where third-party candidates are able to cover the margins — whether it’ll have the effect of altering the results is a big question.”

1. I’ve said my piece about third party voters. I will add that in 2018, the last year we’ll get this statistic, 0.49% of all straight party votes in Harris County were straight party Libertarian. That continued an upward trend in the off-year elections, which has come to an end thanks to the end of straight ticket voting.

2. Along those same lines, I’ve also said that I’m not particularly worried about the Green Party effect in Texas. Among other things, Green Party candidates just don’t get that many votes, and there are very few of them in non-statewide races. And as Professor Paolino notes, we don’t know that much about what might have happened in a race won with a non-majority due to the presence of one or more third-party candidates in the counterfactual event where they hadn’t been present. Maybe someday the poli sci professionals will take a crack at that, but until then we’re all just guessing.

(This is usually the point at which someone chimes in to remind me of the merits of ranked choice voting, which would provide a measure of what third party voters would have done if there had been only two choices. This is also the point at which I remind everyone that we don’t have ranked choice voting, and there is no prospect of getting anything like it in the foreseeable future. This is just a restatement of the “but what if there had been only two candidates” hypothetical.)

3. I dunno, when I read a story about a political party “thriving”, I imagine it’s going to be about how that party is winning more elections, or at least competing more strongly in elections where they had not been before. This story is about how one party is thriving in a way they hadn’t been before, it’s just that the party in question is the Democrats. I don’t see what that has to do with the Libertarians, but maybe that’s just me.

I’m not that worried about the Green Party effect in Texas

It’s not nothing, but it’s unlikely to be much.

Texas House Bill 2504, passed along party lines by the state’s Republican-controlled Legislature in May and signed into law by Republican Gov. Greg Abbott in June, lowers the threshold that minor political parties — defined in the law as parties that nominate by convention, as opposed to by primary — must meet to have their candidates appear on the ballot.

Under the new law, a third party’s candidates can qualify to appear on the ballot if any one of them got 2 percent of the vote in a statewide race in the last five elections. Previously, a third party’s candidates earned a spot on the ballot if any one of them won 5 percent of the vote in any of the most recent statewide elections.

The law also requires minor parties to pay a filing fee to ensure their candidate actually appears on the ballot — or collect the required amount of signatures under existing Texas ballot access laws within a certain amount of time. (For 2020, under state statute, the number of signatures would be more than 83,000, the equivalent of 1 percent of the total votes cast in the last governor’s race). Previously, filing fees had only been required for the two major political parties.

Republican supporters of HB 2504 say it bolsters the electoral system by both making it easier for smaller parties to have access to the ballot and by evening the playing field for such access.

But a far greater number of critics — including political scientists, Democratic Party and progressive strategists, as well as the two most prominent third parties in Texas — say the bill is designed to pull votes from Democratic candidates by making it easier for Green Party candidates, who are more likely to attract disaffected Democratic voters, to appear on the ballot.

The result could prove to make a defining difference in a handful of closely watched races in an increasingly purple Texas, including its U.S. Senate race where Sen. John Cornyn is up for re-election, a number of state House races and possibly even the presidential race — although Green Party presidential candidate Jill Stein won 0.8 percent of the vote in 2016 and only 0.3 percent in 2012.

“When you hear about Republicans trying to get Green Party candidates on the ballot, it really makes you wonder what’s going on. Because, obviously, they’re not aligned — today’s GOP is not engaged at all with issues dear to the Green Party,” said Paul Brace, a political science professor at Rice University, in Houston, who specializes in state politics. “And the reality is that allowing the Greens on the ballot helps Republicans, and so there’s good reason to be cynical about this.”

Most of what I would have to say in response to this I said in this piece, where I discussed HB2504. I’ll add two things to that here. One is that third party voters in a given race have, I believe, an assortment of reasons for doing what they did. One conclusion I drew from that is that downballot statewide candidates – both Republicans and Democrats – would probably benefit from more resources being invested in their races. Republicans have had a very strong brand in Texas this century, though there are signs it is weakening. Democrats have a chance to improve their brand, and if they do I believe they’ll be better positioned to retain voters who might have strayed to a Libertarian or Green candidate in previous elections.

The other thing is that the real issue with third party candidates – and independents, and to a much smaller degree write-ins, too – is that they enable a situation where someone can win with less than a majority of the vote. If someone can get to the magical fifty percent plus one, then who cares if the ballot also included Libertarians, Greens, Bull Mooses, or the Very Silly Party. When a candidate does win with just a plurality, as I said above it’s often hard to determine what the “other” voters were thinking, or what they might have done in a two-person race. I get the conventional wisdom that making it easier for Greens to qualify is likely to benefit Republicans, if it benefits anyone. I certainly believe that the Republicans believe that, and passed this bill for that reason. We are in a situation where control of the State House could come down to one race, and there are certainly going to be plenty of close ones this cycle. I don’t dismiss the possibility that we’ll all be cursing the fates and the Greens next November. But I’m also not going to over-value it, either. If we Dems do our jobs, we’ll maximize our returns. That’s the best way to think about it.

A strange way to improve ballot access

Hard not to see partisan motives in this.

Rep. Drew Springer

A bill on track to reach Gov. Greg Abbott’s desk appears designed to make it easier for Green Party candidates and harder for Libertarian candidates to get on the Texas ballot in 2020. Democrats say House Bill 2504 is a ploy by Republicans to boost their reelection bids while siphoning off votes from Democrats.

The bill from state Rep. Drew Springer, R-Muenster, would make two major changes to how candidates with non-major parties run for office in Texas. The bill would require those candidates to either pay filing fees or secure a certain number of signatures to get on a November ballot. It also changes the threshold for guaranteeing a party a place on the ballot. The former provision could lead to fewer Libertarians running in 2020. The latter would mean the Green Party would likely earn a spot on the November ballot that year.

The bill tentatively passed the Senate on Sunday on a party-line 19-12 vote. If the chamber gives it final approval, it will head to the governor’s desk.

Currently in Texas, Democrats and Republicans have to either pay a filing fee or secure a certain number of signatures to get on their party’s primary ballot. Texas filing fees for a candidate range from $75 for county surveyor to $5,000 for U.S. senator.

The Libertarian Party, meanwhile, has avoided those requirements while routinely gaining a spot on the general election ballot by meeting a different threshold: at least one of its candidates has managed to win more than 5% of the vote in a statewide race during the previous election cycle.

Springer’s bill would lower that ballot-access threshold for third parties to 2% of the vote in one of the last five general elections — a bar that the Green Party could also clear. In 2010, the Green Party candidate for comptroller drew 6% of the vote.

[…]

An earlier version of the bill only had the filing fee provision. When the bill reached the House floor earlier this month, Springer proposed an amendment that added the new ballot threshold language. The amendment passed after less than a minute of discussion, catching some House Democrats off guard amid an intense evening session of the House in which dozens of bills were heard.

Springer told The Texas Tribune that he added the floor amendment because the current threshold for parties to gain ballot access “protects the two-party system too much.” It isn’t specifically targeting the Green Party, he said.

“Republicans are not afraid to give Texans more choice,” he added.

Pat Dixon, former state chair of the Texas Libertarian Party, testified against the bill last week at a Senate State Affairs Committee hearing. Dixon said the bill would unfairly force Libertarians to pay filing fees in addition to the cost of their nominating convention.

When Democratic and Republican candidates pay filing fees to run for an office, the money helps pay for the election. Under HB 2504, third-party candidates would pay the same filing fees, but the money would go toward state or local funds, but not funds specifically devoted to running elections.

The obvious partisan motive here is that Green candidates are widely believed to siphon votes away from Democrats, while Libertarians are believed to do the same to Republicans. I have little use for third parties, but the basic principle that ballot access should not be needlessly burdensome is one I support. That said, if the actual Libertarian Party says that this bill will hurt them rather than help them, I think it’s a little difficult to say that the bill is a principled effort to be more inclusive to third parties. I mean, the Libertarians were doing just fine getting their candidates on the ballot under the existing system. Just leave them alone and do no harm, you know?

By the way, when I say that Ls and Gs are “widely believed” to take away votes from Rs and Ds, I mean that’s the accepted wisdom but I’m not aware of any hard research that puts a formula to it. I have my own theories about third party voters, which you can agree with or argue with as you see fit. I do think there’s room for Democrats to minimize the vote share they lose to third parties in statewide races – not just Greens – and it will take one part better candidates, one part better party branding, and one part better outreach, which is another way of saying that they’ll need to have enough resources to ensure that their intended voters have sufficient information about all the candidates on their statewide ballot. It’s possible that in the long run this could lead to fewer votes for Greens statewide, as Dems will be better positioned in the coming years to compete in the downballot races as well as at the top of the ticket. For sure, this bill should be at least as much of an incentive to work harder for the Dems as it is for any other party. And you can be sure that when the votes are all counted in 2020, I’ll look to see what if any effects of this bill I can find.

House liberalizes beer sales

It was a bit of shenanigans, but all things considered that seems entirely fitting.

The Texas House voted Thursday to extend beer and wine sales on Sundays and to let craft breweries to sell beer to go.

Those new expansions of alcohol sales were amendments to a broader bill regarding the efficiency and operations of the Texas Alcoholic Beverage Commission that must pass this legislative session in order to avoid shutting down the agency.

Both amendments were opposed by the bill’s author, state Rep. Chris Paddie, R-Marshall. Paddie still cast a vote for the legislation, which received preliminary passage along a 135-0 vote, though he noted that the bill was no longer “completely clean.”

[…]

The two amendments proposed by state Reps. Drew Springer, R-Muenster, and Eddie Rodriguez, D-Austin, consumed most of the debate Thursday. Springer’s amendment would allow beer and wine sales to begin at 10 a.m. instead of noon on Sundays in licensed retailers such as convenience and grocery stores. It passed in a 99-40 vote. In laying out his amendment, Springer said his motion would put wine and beer sales in line with what’s currently allowed at on-premise consumption locations, such as restaurants and bars.

“We allow country clubs to sell mimosas at 10 a.m.,” Springer said during the debate on the House floor.

He also said his proposal won’t affect liquor stores, which aren’t allowed to operate on Sundays.

The passage of Springer’s amendment was met with a chipper response from state Rep. Terry Canales, D-Edinburg, who exclaimed upon its passage: “This is freedom. This is eagles!”

The House narrowly approved Rodriguez’s amendment allowing craft breweries to sell beer to go — something that’s already legal in every other state, the representative said Thursday evening.

Here’s HB1545, which is now on its way to the Senate. Because this was supposed to be just a sunset bill, there’s a very good chance both of these amendments will be removed from the bill in the upper chamber. But who knows, maybe the time has come. I wouldn’t bet on it, but crazier things have happened.

House approves budget, and other news

Always a major milestone.

In Dennis Bonnen’s first major test as speaker of the Texas House, the chamber he oversees resoundingly passed a $251 billion budget Wednesday after a long but largely civil debate — a departure from the dramatics that have typically defined such an affair.

Though lawmakers proposed more than 300 amendments to the spending plan, Bonnen, an Angleton Republican, and his chief budget writer, state Rep. John Zerwas, R-Richmond, finished the night with their budget plan largely intact. After 11 hours of relatively cordial discussion, lawmakers agreed to withdraw the vast majority of their amendments or move them to a wish list portion of the budget, where they are highly unlikely to become law.

The budget passed unanimously on the final vote. The legislation, House Bill 1, now heads to the Senate, whose Finance Committee was set to discuss its budget plan Thursday.

“I’m proud of where we are in the bill that we are sending to the Senate,” Zerwas said at the end of the marathon debate. “Each and every one of you should be incredibly proud of the work that you’ve put in here.”

The two-year spending plan’s highlight — a $9 billion boost in state funding for the public education portion of the budget — remained unchanged. Of that, $6 billion would go to school districts, and the remaining $3 billion would pay for property tax relief, contingent on lawmakers passing a school finance reform package.

The budget plan would spend $2 billion from the state’s savings account, commonly known as the rainy day fund, which holds more than $11 billion.

“I’m not here to compare it to previous sessions,” Bonnen told reporters after the House budget vote. “But I’m here to tell you we had a great tone and tenor tonight, and I’m very proud of the business that we did.”

[…]

So while Bonnen’s first budget night as speaker was hardly free of controversy — an argument over the effectiveness of the state’s “Alternatives to Abortion” program, for example, derailed movement on amendments for nearly an hour — the occasional spats paled in comparison with those of years past. There were no discussions at the back microphone of lawmakers’ sexual histories, as happened in 2015, and no one had to physically restrain House members to prevent a fistfight over the fate of a feral hog abatement program, as happened in 2017.

Still, state Rep. Jonathan Stickland, R-Bedford, continued his long-running campaign against the feral hog program. And though the exchange ranked among the evening’s rowdiest, it was more than tame by last session’s standards.

State Rep. Drew Springer, R-Muenster, again opposed Stickland’s amendment to defund the program, which reimburses local initiatives to eradicate wild hogs. Stickland responded, “Members, although I respect the thoughtful words of Rep. Springer … let’s end this program right here, right now.”

Stickland’s amendment failed, with just four votes in favor.

See here for more on last session’s House budget debate. One should never miss an opportunity to illustrate Jonathan Stickland’s failures. The House also approved a supplementary budget for the previous biennium, to cover expenditures that were not previously appropriated, such as the traditional underestimating of Medicaid’s costs and all of the Harvey recovery funding.

Speaking of revenues:

House Republicans muscled a heavily altered version of their property tax reform bill through a committee early Thursday, notching a single Democratic vote and swiftly shooting down attempts to further modify the draft.

A top priority for state leaders, House Bill 2 would require cities, counties and other taxing units to receive voter approval before levying 2.5 percent more property tax revenue than the previous year. A vote was expected to come Wednesday morning on a new draft of the legislation, which contains changes likely to appease small and special taxing units but leave big municipal leaders staunchly opposed.

But the hearing on the new version was postponed until past midnight. The 16-hour delay gave an unusual cluster of critics time to trumpet their concerns with the measure — and then for top House leaders to respond in an informal late-night news conference.

“Sometimes when everyone’s a little bit upset with you, maybe you have a good balance — that’s probably a good sign,” said House Ways and Means Committee Chair Dustin Burrows, the author of the legislation and a Lubbock Republican. “We worked really hard; we talked to a lot of different constituencies” and a lot of members. “I think you’ll see in the committee substitute, the work product and a lot of collaboration.”

As amended, HB 2 now exempts community colleges, emergency service districts and hospital districts from abiding by the 2.5 percent election trigger. Another provision lets certain districts, including cities and counties, bank unused revenue growth, so long as they average below 2.5 percent over five years. And new “revenue enrichment” language could cushion some taxing units by letting them raise $250,000 in new property taxes a year, even if it exceeded the growth rate. The threshold, set at $250,000 for 2020, would be adjusted by the state comptroller annually, based on inflation.

[…]

Currently, voters can petition for an election if property tax revenue growth exceeds 8 percent, a rate set during a period of high inflation in the 1980s. State leaders have touted the lower chamber’s proposal and a Senate companion as an overdue correction and as a needed check on spiraling property tax bills. But critics say the reform efforts would not reduce tax bills, just slow the rate at which they grow — and, in the process, hamper local officials’ ability to provide public services for growing populations.

As you know, I oppose revenue caps, no matter how well intentioned. The reason the Lege ties itself into knots every two years in a vain attempt to limit property tax growth is that a taxing system that so heavily relies on property taxes fundamentally relies on a system that is divorced from people’s ability to afford their taxes. As I muse every two years, if only there were some system of taxation that was proportional to how much money people made in a given year, that would solve so many of these problems. Too bad no such system exists anywhere in the world.

Of course, another way to limit property tax growth for homeowners would be to ensure that everyone is paying their fair share of property taxes.

As state leaders promote their property tax reform package as needed relief for everyday Texans, some Democrats and county appraisers suggest a provision in the tax code has stacked the system in favor of corporations that can appeal their valuations with a combativeness most homeowners can’t muster.

At issue: a 1997 amendment, drafted by a prominent tax attorney, that critics say has allowed business and industry to lower their property tax burden at the expense of other taxpayers. The provision offers all Texans a way to fight their appraisals by arguing they were treated unfairly compared to other properties. But critics say large property owners have capitalized on it to drive down their costs, while residences and small businesses can’t afford to do the same.

“If you have a whole category of property that is nonresidential systematically paying less, well who do you think is paying more?” said Bexar County chief appraiser Michael Amezquita.

Amezquita is one of several officials who say their districts have been inundated by appeals and lawsuits from commercial owners trying to lower their appraisals, which determine what taxes are owed on a property. Supporters of the “equity” provision say it’s a critical tool for all property owners, and that commercial properties aren’t afforded the tax exemptions many home and agricultural land owners receive. Critics counter only well-funded property owners can afford to sue — and when they do, there’s often little an appraisal district can do to fight back.

“The deck is stacked against us,” said Amezquita, who has been sued by a J.W. Marriott resort seeking to have its taxable value reduced. A spokeswoman for the hotel declined comment.

I’ve written about this before. This issue of equity appeals was a cornerstone of Mike Collier’s campaign for Lt. Governor. We’d be having a much broader conversation about fairness and equity in taxation if he had won that race, but he didn’t and so we aren’t. Better luck next time, I guess.

Anyway. The Senate still has to approve its budget, and school finance reform remains a work in progress. There’s a decent amount of harmony now, but plenty of opportunities for tension, drama, and good old fashioned nastiness remain. Which is as it should be.

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.

House passes its budget

Mostly shenanigan-free, with a nice little side order of shade for a few people who deserve it.

After 15 and a half hours of debate on hundreds of amendments to the Texas House budget, lawmakers in the lower chamber passed the two-year, $218 billion document, with 131 votes in favor and 16 votes against.

The House vote included using $2.5 billion from the state’s savings account, colloquially known as the Rainy Day Fund. State Rep. John Zerwas, R-Richmond, thanked lawmakers for exhibiting “true leadership” with their willingness to tap the fund, “instead of electing to use an unconstitutional transfer from the transportation funding.”

That was a jab at the Senate, which last week approved its version of the two-year budget using a $2.5 billion accounting trick to free up funds dedicated to highway spending. The House must now work with the Senate, which is under the leadership of Lt. Gov. Dan Patrick, who vehemently opposes using the Rainy Day Fund, to reconcile their budget differences.

House lawmakers, debating the budget late into Thursday night, took several jabs at Patrick and other statewide elected officials throughout the evening.

Included in the fray were Gov. Greg Abbott, who saw one of his prized economic development programs defunded; Patrick, who heard a resounding “no” when his favored proposal to subsidize private school tuition with public funds was put to a vote; and Attorney General Ken Paxton, who lost more than $20 million from his agency’s budget for lawsuits.

On the winning side of the House budget debate were child welfare advocates, who saw funding for foster care and Child Protective Services tentatively boosted; social conservatives, who scored $20 million for the Alternatives to Abortion program; and the lieutenants of House Speaker Joe Straus’ leadership team who, in a display of unity, easily brushed aside most challenges from far-right Republicans.

Statewide GOP leaders took some of the heftiest blows in the House chamber. Lawmakers there voted to strip $43 million from the governor’s Texas Enterprise Fund, the “deal-closing” fund the state uses to lure businesses from elsewhere, and divide it into two equal pots: one for Child Protective Services and foster care funding, the other for a program that pays for disabled children’s physical, occupational and speech therapy services. Both are hot-button issues that have dominated the House’s budget negotiations during this legislative session.

[…]

Private school subsidies, a pet issue of Patrick and his Senate, also suffered a perhaps fatal wound on Thursday. House lawmakers voted 103-44 to prevent state money from being spent to subsidize private school tuition in the form of vouchers, education savings accounts or tuition scholarships. The proposal’s author, state Rep. Abel Herrero, D-Robstown, said it was “in support of our public schools and our neighborhood schools.”

[…]

Paxton’s attorney general’s office also saw funding gutted by House lawmakers who opted to instead fund programs that serve vulnerable children. Foster care funding would receive $21.5 million that was previously intended to pay for Paxton’s legal services budget under a proposal by state Rep. Ina Minjarez, D-San Antonio, that passed 82 to 61.

See here for more on the Enterprise Fund de-funding, which made me smile. Despite promises of shenanigans and roughly a gazillion amendments filed, there was more good done to the budget than bad. Which is not to say it’s a good budget, but it’s far from the worst we’ve ever seen. Take your positives where you can.

Especially when they involve Dan Patrick getting pwned.

In late March, lobbying group Texans for Education Opportunity used an online campaign to generate thousands of letters to 29 state representatives lobbying them to back education savings accounts, one of the subsidy programs in SB 3. Though the group claimed the letters were credible, the letters stirred up suspicion after no representative could find a constituent who remembered adding their name to that correspondence.

Of the 29 representatives targeted in the campaign, 26 voted Thursday to block money from funding “private school choice” programs.

RG Ratcliffe called it a “mugging”. As former Houston Rockets radio announcer Gene Peterson used to say, how sweet it is. Also, too, going back to the first story, there’s this:

Stickland had filed an amendment defund a state program for the abatement of feral hogs, which he’s become known for championing at the Legislature each session. Stickland railed predictably against the program, calling it “ridiculous” and a waste of money.

“It has not worked, and it never will work,” Stickland said, his voice rising.

That apparently offended rural lawmakers, notably state Rep. Drew Springer, R-Muenster. In response, Springer attached an amendment to Stickland’s proposal that would cut the same amount of funding for the Texas Department of Transportation, but only for roads and highways in Stickland’s hometown of Bedford.

Stickland took to the back microphone to cry foul.

“Someone else has chosen to make a mockery of this system and play gotcha politics,” he said before being interrupted. Laughter had erupted in the gallery.

“It’s funny until it happens to you,” he continued.

Springer and Stickland then confronted each other on the middle of the House floor and had to be separated by colleagues. Springer’s amendment ultimately passed, 99 to 26, forcing Stickland to withdraw his own proposal to which it had been attached.

What is best in life is to crush your enemies, see them driven before you, and hear the lamentations of Jonathan Stickland. And Briscoe Cain, too, the Chester to Stickland’s Spike, except without the victorious denouement for Chester. Look, just because the House passed a budget doesn’t mean this is the budget we’ll get. The Senate passed a budget, too, and there are lots of differences to be worked out between the two. The final version will be different, and some of the things we are cheering now may be undone in that. But that’s no reason not to cheer for the things that deserve it now. The Observer and the Press have more.

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.

AirBnB in Texas

The Rivard Report offers a useful overview of this growing service.

With success comes regulation and Airbnb, the wildly popular “sharing economy” website that allows users to rent out portions of their home to adventuresome travelers, has had more than its share of success. Recently valued at $13 billion, the company has more than 340 listings in San Antonio alone.

(Read more about local Airbnb operation in Part One of this series: The Rise of Airbnb in San Antonio.)

Airbnb’s success hasn’t escaped the notice of government officials, in Texas and elsewhere. Concerns about health, safety, and taxation have led some cities to begin efforts to regulate residential rentals.

Barcelona, New Orleans, San Francisco, and Malibu have conducted investigations into violations of zoning laws. Amsterdam now collects hotel tax on Airbnbs.

[…]

In 2014, Austin introduced an ordinance that requires short-term rental owners to obtain a license from the city. There is a $285 application fee, plus an annual renewal fee, and owners must submit proof of property insurance and payment of the city’s Hotel Occupancy Tax. They also must maintain a Certificate of Occupancy or proof of a certified inspection. The city intends to limit the number of homes that can be rented in a given building or neighborhood, and has placed a cap on licenses for properties not occupied by the owner.

The Airbnb website offers guidance on existing city regulations nationwide, including those in Austin.

Changes are coming to Texas beyond Austin. Cassandra Matej, executive director of the San Antonio Convention and Visitors Bureau, said that the Bureau is, of course, aware of Airbnb.

“We support anything that makes the San Antonio vacation experience safe and unforgettable,” she said, acknowledging that for some of the millions of visitors to the city each year, “that might mean researching alternative lodging, within legal boundaries.”

That final clause is a significant one. Legal boundaries may be changing in the near future. Scott Joslove, President and CEO of the Texas Hotel and Lodging Association, said his organization is not concerned with people who rent out rooms in their primary residence, but does oppose those who buy or rent properties specifically for the purpose of leasing them to overnight guests. Austin’s measures should serve as a model ordinance, he said, adding that the Association is working with other major cities to introduce registration, licensing, and occupancy tax to residential rentals.

In February, Councilmember Ron Nirenberg (D8) said “public safety” must be weighed against “letting the free market work,” but health and safety concerns seem little more than a front for the issue of taxation.

To date, Airbnb rentals have not been subject to San Antonio’s 6% Hotel Occupancy Tax. Proposed legislation could change that. House Bill 1792, authored by state Rep. Drew Springer (R-Muenster), seeks to legally define and regulate residential rentals. The bill expands the definition of “commercial lodging establishment,” which already includes hotels, motels, and inns, to encompass residential short-term rental units.

The proposed legislation would “characterize and treat a residential short-term rental unit in the same manner as a hotel for purposes of consumer protection, public health and human safety, taxation, licensing, and zoning.”

That means at least some Airbnb operators in Texas would have to adhere to same regulations as hotels, including requirements for the submission of water samples, regulation of appliances, and sanitation.

The bill’s wording is vague, and might exempt individuals who only rent our rooms of their primary residence, where the host is generally present for the duration of the stay. Individuals operating free-standing Airbnb venues, however, would not be exempt.

I blogged about AirBnB in Houston last August. According to the first story in this two-part series, there are about 900 AirBnB listings in Houston. Compared to the 75,000 or so hotel rooms in the Houston area, that’s pretty small. That said, I do expect the city to address this issue sooner or later – there’s too much hotel tax revenue at stake to leave it unaddressed. I’m actually surprised that AirBnB didn’t make like Uber and Lyft and lobby the Lege for a bill more favorable to them than Rep. Springer’s. (I’m assuming the characterization of his bill, and my understanding of it, are accurate.) I still think AirBnB is more likely to be a niche player in Houston, where business travel is what brings many of our visitors here, but you never know. Anyone out there have experience using AirBnB?

Let the budgetary games begin

The House takes up the budget today, with over 300 amendments and riders queued up for votes. A couple of things to watch for as the debate goes on:

Killing vouchers.

BagOfMoney

Lawmakers in the Texas House will have a chance to draw a line in the sand over private school vouchers during the upcoming battle over the budget Tuesday.

An amendment filed by state Rep. Abel Herrero, D-Corpus Christi, would ban the use of state dollars to fund private education for students in elementary through high schools, including through so-called tax credit scholarships.

If passed, the measure — one of more than 350 budget amendments covering topics from border security to abortion up for House consideration — would deliver a blow to Lt. Gov. Dan Patrick.

[…]

If Herrero’s amendment fails, it would represent a dramatic change in sentiment for the chamber, which overwhelmingly passed a similar budget amendment during the 2013 legislative session. Patrick, a Houston Republican who served as state senator before taking office as lieutenant governor in January, led that chamber’s education panel at the time.

Rep. Herrero’s amendment from 2013 passed by a 103-43 vote. Neither Speaker Straus nor Public Ed Chair Rep. Jimmie Don Aycock is any more pro-voucher than they were last year, and neither is Dan Patrick any more beloved, so you have to feel pretty good about the chances this time, though it’s best not to count your amendments till they pass. If it does, that won’t fully drive a stake through vouchers’ cold, greedy heart for the session, but it’ll be a solid blow against them.

“Alternatives To Abortion”

As the Texas House prepares for a floor fight Tuesday over its budget, a flurry of amendments filed by Democrats seeks to defund the state’s Alternatives to Abortion program.

A group of Democratic lawmakers filed more than a dozen amendments to either reduce or eliminate funding for the program, which provides “pregnancy and parenting information” to low-income women. Under the program, the state contracts with the Texas Pregnancy Care Network, a nonprofit charity organization with a network of crisis pregnancy resource centers that provide counseling and adoption assistance.

Since September 2006, the program has served roughly 110,000 clients. The network features 60 provider locations, including crisis pregnancy centers, maternity homes and adoption agencies.

State Rep. Jessica Farrar, D-Houston, said she filed an amendment to defund the entire program because the state is giving more money to “coerce women” into a “political ideology instead of providing information and services” at a time when Texas women’s access to health services is being reduced.

The proposed House budget allocates $9.15 million a year to the program in 2016 and 2017 — up from $5.15 million in the last budget.

“I think it’s troublesome that here we are going to almost double funding for a program that has not proven to be successful in any way,” said Farrar, chairwoman of the Women’s Health Caucus in the House. An additional amendment by Farrar would require an audit of the program.

Several House Democrats filed similar amendments, including Borris Miles of Houston, Celia Israel of Austin and Chris Turner of Grand Prairie, whose amendments would transfer more than $8 million from the Alternatives to Abortion program to family planning services and programs for people with disabilities.

“These facilities have very little regulation, no accountability and no requirement to offer actual medical services,” Turner said, adding that funding could be used for other medical programs. “My amendments are an attempt to address our state’s real priorities and needs.”

Two Republicans, meanwhile, filed measures to boost the program’s funding.

I don’t expect Dems to win this fight, but it’s a fight worth having.

Other women’s health funding issues

The state currently administers three similar women’s health programs that cover things like annual well woman exams, birth control and cancer screenings for low-income women.

The newest program, the Expanded Primary Health Care Program, created in 2013, is slated to get the funding bump, bringing the total for women’s health services in the House version of the budget to about $130 million per year.

Here is the breakdown of funding for each program:

  • Texas Women’s Health Program: $34.9 million in 2016, $35.1 million in 2017
  • Expanded Primary Health Care Program: $73.4 million in 2016, $73.4 million in 2017
  • Family planning program administered by Department of State Health Services: $21.4 million in 2016, $21.4 million in 2017

In 2011, motivated by a never-ending quest to defund Planned Parenthood, the Texas Legislature slashed family planning funding by nearly $70 million, leaving about $40 million for preventive and contraceptive services for low-income women. A recent study by the University of Texas at Austin’s Texas Policy Evaluation Project, a research group that studies the effects of family planning budget cuts, found that more than 100,000 women lost services after the 2011 cuts and 82 family planning clinics closed. In 2013, the Legislature restored the $70 million and put it into the newly created Expanded Primary Health Care Program, which became a separate item in the state budget. Still, advocates and providers have consistently fought for more money, arguing that the state is only serving one-third of women eligible to receive services.

[…]

Here is a list of other women’s health amendments and riders to watch for:

  • State Rep. Mary Gonzalez (D-Clint) filed an amendment that would allow teenagers who are 15 to 17 years old and already mothers to get contraception without their parents’ consent. Right now, state law requires that all teenagers under the age of 18 get their parent’s permission for birth control. The amendment mirrors Gonzalez’s House Bill 468, which she presented to the House State Affairs Committee in mid-March.
  • State Rep. Chris Turner (D-Arlington) has proposed a rider that would ensure sex education programs teach “medically accurate” information to public school students.
  • State Rep. Bryan Hughes (R-Mineola) proposes adding even more money to the Alternatives to Abortion program by taking almost $7 million from the Commission on Environmental Quality.
  • A House budget rider by state Rep. Sarah Davis (R-Houston) protects the state’s Breast and Cervical Cancer Services program that provides breast and cervical cancer screenings for uninsured women, under attack this session by conservative lawmakers hell bent on, you guessed it, defunding Planned Parenthood.

Some possible winners in there – in a decent world, Rep. Gonzalez’s bill would be a no-brainer – but again, fights worth having. Rep. Sarah Davis has received some liberal adulation this session for trying to do good on women’s health issues. That budget rider will be a test of whether she can actually move some of her colleagues or not.

Public education

An amendment by the House’s lead budget writer, Appropriations Committee Chairman John Otto would allocate $800 million more to certain public schools as part of a plan announced last week to diminish the inequities that exist among districts under the current funding scheme.

[…]

At the news conference Monday, Austin state Rep. Donna Howard said at least 20 percent of public schools still will receive less per-student funding than they did in 2011 under the proposal. That year, state lawmakers cut $5.4 billion from public education, restoring about $3.4 billion two years later.

“We aren’t keeping up as it is,” Howard said.

She also noted the plan also does not include the $130 million that had been earmarked for a bill containing Gov. Greg Abbott’s plan to bolster pre-K programs — an amount she described as insufficient considering it does fully restore funding to a pre-K grant program gutted in 2011.

Howard has filed a budget amendment that would allocate $300 million for pre-K.

Pre-K is one of Greg Abbott’s priorities this session, but his proposal is small ball. Rep. Howard’s amendment has a chance, but we’ll see if Abbott’s office gets involved.

And finally, same sex benefits, because of course there is.

Rep. Drew Springer (R-Muenster) is again trying to bar Texas school districts from offering benefits to the same-sex partners of employees.

Springer has introduced a budget amendment that would eliminate state funding for districts that violate the Texas Constitution, which prohibits recognition of same-sex partnerships.

The amendment is similar to a bill Springer authored two years ago, which cleared committee but was never considered on the floor. Under Springer’s budget amendment, the education commissioner, in consultation with the attorney general, would decide whether districts have violated the Constitution. Districts would have 60 days to correct the problem.

According to Equality Texas, Springer’s amendment is aimed at the Austin, Pflugerville and San Antonio school districts, which offer “plus-one” benefits that are inclusive of same-sex partners. But the group says those benefits are in line with a 2013 opinion from former Attorney General Greg Abbott, which found that such programs are only illegal if they create or recognize a status similar to marriage.

Yes, as noted, Rep. Springer has tried to meddle in this area before. I admit, I’m more worried about a budget amendment this year than a bill in 2013. Keep a close eye on that one.

Who will be on the Ten Best and Ten Worst lists?

The Trib starts the speculation.

Texas Monthly‘s list of the best and worst legislators of the 83rd session doesn’t come out until June 12, but why should Paul Burka and his colleagues have all the fun? Use this interactive to select your own personal best and worst list. Click or drag to put up to 10 House and/or Senate members in each column, then hit the button at the bottom of the page to submit your choices. You’ll be able to share your picks on Facebook and Twitter, and our leaderboard will aggregate everyone’s selections so you can see how yours stack up against theirs. We’ll have the final results after voting ends at 6 p.m. Tuesday.

Voting for their list is now over, and a look at the leaderboard suggests to me that most of it was based on who the voters themselves like or dislike. The way Burka operates is pretty straightforward: He favors those who get things done and disfavors those who fail to get things done or get in the way of getting things done. He prefers good policy, to be sure, but ultimately this is about effectiveness and collaboration. I think after all these years I have a decent idea of the qualities he looks for in a Best or Worst member, and so here are my predictions about who will appear on his lists. Note that these are not necessarily the choices I would make if I were in charge of compiling these lists – I’d be much more about who worked the hardest for and against the greater good as I see it – but merely my guesses as to what Burka will say. By all means, feel free to chime in with your own prognostications, it’s more fun that way.

My guesses for the Ten Worst list

I will be shocked if Rep. Van Taylor, possibly the least popular member of either chamber, is not on the Worst list. He’s everything the Worst list is about – petty, rigid, obstructive, and so forth. Basically, he Does Not Play Well With Others, and that’s a sterling qualification for Worstness.

I will also be shocked if Sen. Joan Huffman is not on the list. Patricia Kilday Hart, who used to be Burka’s wingwoman on the Best & Worst lists, could easily be writing the entry for Huffman here:

* When exonerated inmates and their families appealed to the Texas Legislature to create an Innocence Commission, the last thing they expected was a lecture. But that’s what they got, courtesy of Sen. Joan Huffman, R-Houston. Huffman, a former judge and prosecutor, hijacked a committee hearing for a 10-minute peevish denunciation of the proposal as “second-guessing” prosecutors. Then she announced there was nothing anyone could say to change her mind. Waiting to testify was Cory Sessions, whose brother, Tim Cole, spent 14 years in prison for a rape he didn’t commit, before dying of an asthma attack. According to the Innocence Project, Texas has had more total exonerations (117) and DNA exonerations (48) than any other state in the country.

* Then, late Friday, Huffman chaired a conference committee that gutted a tough ethics bill that would have required lawmakers’ personal financial statements to be available online, and include disclosures of any family members’ income received from doing business with government entities. Craig McDonald, executive director of Texans for Public Justice, called the conference committee’s decisions “a strategic assault on transparency.”

Again, these are textbook examples of Worstness in action. If Huffman isn’t on the list, the list has no meaning.

Those two are crystal clear. After that it gets murky. I’m guessing Lt. Gov. David Dewhurst, for being generally ineffective at his job since at least 2007 and for trying to compensate for his ineptness by trying to channel Ted Cruz; Rep. Ruth Jones McClendon, who has every right to be aggrieved by Sen. Huffman’s treatment of the Innocence Commission bill but whose vengeance spree against Huffman resulted in the death of some non-controversial legislation; Rep. Drew Springer, for being obsessively meddlesome; Rep. Tom Craddick for his conflict of interest defense of the status quo at the Railroad Commission; and Rep. David Simpson, who was completely ineffective in his attempts to be obstructive. While I think there’s a case for their inclusion, and I say this as someone who likes Rep. McClendon and shares her frustration with Sen. Huffman, I will not be surprised by the inclusion or omission of any of them. Obviously, there will be others, as I’ve only suggested six names. These are the ones that stand out to me; I suspect there’s a lot of behind-the-scenes stuff that may affect the list that I’m not advised about.

My guesses for the Ten Best list

I think the strongest case can be made for the three key players in the budget deal – Sen. Tommy Williams, Rep. Jim Pitts, and Rep. Sylvester Turner. Williams and Pitts had a Herculean task navigating the budget through a minefield of competing interests and outside saboteurs. Budgeting is never easy, but in some ways it was more challenging this year with a surplus than last year with a deficit, since the ideologues who didn’t want to restore any of the cuts had to be beaten back, and some of the things that needed doing such as the SWIFT fund, required supermajorities. They did about as good a job of at least mollifying the people who wanted to get something productive done as you could ask for. Turner held the Democratic caucus together in holding out for the original deal they thought they were getting to restore much of the money that had been cut from public education even as they were threatened with a special session (you can now see why they didn’t cower at that threat), and he cut a deal on the System Benefit Fund that worked for both himself and Williams. In terms of Getting Things Done, these three certainly stood out.

For his handling of education bills, and for ensuring that vouchers were dead before they could get off the ground, I expect Rep. Jimmie Don Aycock to be included as a Best. It’ll be interesting to see how Burka deals with Aycock’s Senate counterpart, Sen. Dan Patrick, who did accomplish quite a bit with his charter school bill, and who was a team player on the bike trails bill, but who nonetheless made a spectacle of himself over vouchers, going so far as to imply that it was a civil rights issue. You can make a case for Patrick on both lists; I suspect Burka will note him in a sidebar but not include him on either.

Sens. Rodney Ellis and Robert Duncan deserve consideration for the discovery bill, while Ellis was his usual eloquent self on the matter of sunsetting tax breaks and Duncan shepherded potentially divisive bills on the Teacher Retirement System and Employee Retirement System in a way that was fiscally responsible and endorsed by the employees in question.

You know I’m no fan of hers, but Rep. Sarah Davis, along with Rep. Donna Howard, brokered a deal to restore much of the cuts made to family planning funds from 2011. Whether Davis herself helped her Republican colleagues come to the realization that sex is a leading cause of pregnancy or they figured it out on their own I can’t say, but this was a good accomplishment and I will not be surprised if Burka rewards Davis (and possibly but less likely Howard) for it.

These are the names that stand out to me. Again, there are surely others whose merits are less clear to me, but I feel comfortable putting forth these names as likely candidates. Who do you foresee gaining this biennial notoriety? Leave your own guesses and let us know.

Abbott opines against domestic partnership benefits

This should not come as a surprise to anyone.

On the right side of history

The state Constitution prohibits government entities from recognizing domestic partnerships and offering insurance benefits to those couples, Texas Attorney General Greg Abbott wrote in an opinion on Monday.

In the nonbinding opinion, Abbott determined that local jurisdictions that offer such benefits “have created and recognized something” — domestic partnerships — “not established by Texas law.”

“A court is likely to conclude that the domestic partnership legal status about which you inquire is ‘similar to marriage’ and therefore barred” by the state Constitution, he wrote.

The opinion was a response to a question asked by Sen. Dan Patrick, R-Houston, who had raised concerns about the Pflugerville school district, as well as the cities of El Paso, Austin and Fort Worth, extending such benefits to domestic partners.

“The voters of the state of Texas decided overwhelmingly that marriage is between one man and one woman in 2005,” Patrick said in a statement responding to Abbott’s opinion. “This opinion clearly outlines that cities, counties and school districts cannot subvert the will of Texans.”

You can read the opinion here. I called this back in November when Patrick asked for the opinion, not that this is anything to be proud of. A few thoughts:

– Remember back in 2005 when those of us who opposed that awful anti-gay marriage amendment pointed out that it would do a lot more than merely make gay marriage extra super illegal (since it was already illegal in Texas)? This is the sort of thing we were talking about. Legislative Democrats that still haven’t gotten on board the marriage equality bus, this is especially on you.

– Note that since the language of Abbott’s opinion is all about how the amendment banned anything “similar to marriage” and how that encompasses the term “domestic partner”, this isn’t strictly about LGBT folks. If you’re shacking up with your opposite sex partner but have chosen not to tie the knot, you’re SOL if you work for a non-federal government entity in Texas.

– Of course, if you are one half of a straight unmarried couple, you can always tie the knot to get your hands on health insurance. Gay people can get married now, too, but the state of Texas does not recognize same-sex marriages performed in other states. I’m not a lawyer, but it seems to me that this would be the seed of that law’s downfall in the event that SCOTUS throws out DOMA. If we’re lucky, this will turn out to be a massive and petty waste of time.

– If you read the opinion, Abbott tries to play a little jiujitsu by claiming that the intent of the law was not to bar cities from offering same sex partners insurance benefits, just from recognizing the status of a marriage-like thing such as a domestic partnership:

Representative Chisum’s statement simply explains that article I, section 32 does not, in his view, address whether a political subdivision may provide health benefits to the unmarried partner of an employee. The constitutional provision does, however, explicitly prohibit a political subdivision from creating or recognizing a legal status identical or similar to marriage. The political subdivisions you ask about have not simply provided health benefits to the partners of their employees. Instead, they have elected to create a domestic partnership status that is similar to marriage. Further, they have recognized that status by making it the sole basis on which health benefits may be conferred on the domestic partners of employees.

For extra credit, please detail a scenario in which an insurance company would offer a benefit for the unmarried partner of an employee that didn’t require some kind of legal affirmation of a relationship between the applicant and the employee that would also be constitutionally acceptable to Greg Abbott, Dan Patrick, and other deep thinkers such as Drew Springer.

– This absolutely, positively has to be a campaign issue in 2014. I can’t emphasize this enough. People may remain largely opposed to gay marriage in Texas, but by a two to one margin they approve of either gay marriage or civil unions. I’m willing to bet a decent majority will not like this opinion. More to the point, this is an issue that Democrats can rally around, since it illustrates in unmistakeable terms a key difference between the two parties. Even better, this can be hung around Abbott’s neck. Sure, he’s only taking his best guess at how a court would decide the issue, but it’s also unambiguously the same as his own position. Let him explain why it’s technically inaccurate to say that Greg Abbott outlawed domestic partnership benefits in Texas. This goes for Drew Springer and all of his coauthors, too. This is a big deal. We need to treat it like one.

That’s all I’ve got for now, but let’s keep our eyes open for the reactions to this. Trail Blazers, Hair Balls, and BOR have more.

UPDATE: Equality Texas goes glass-half-full on the opinion:

It means cities, counties, and school districts seeking to remain competitive with private business can offer employee benefit programs that provide health and other benefits to unmarried household members if the eligibility criteria are properly structured.

However, eligibility should not use the term “domestic partner”, or be based upon proving the existence of a “domestic partnership”, or use criteria usually associated with marriage (like current marital status, or related by a certain degree of consanguinity).

It means political subdivisions can offer employee benefit programs to unmarried household members if their eligibility criteria don’t look like marriage, or create something that resembles marriage.

I appreciate their optimism, and I hope they’re right. But I still think that the challenge of fashioning such a thing will be too daunting. I’ll be glad to be proven wrong.

UPDATE: The cities of Austin and San Antonio are not quite ready to accept Abbott’s opinion.

There are a lot of Republicans who want to move us backwards on equality

Drew Springer is at it again, and he’s got help.

In the last year, two Central Texas school districts have announced plans to offer employee benefits to same-sex couples, but one bill heard Tuesday at the Capitol would make that more difficult across the state.

Pflugerville ISD announced the change last fall, making it the first district in the state to offer benefits to “dependents” who pay into their partners’ insurance plan, at no additional cost to the district or state. Austin ISD followed in late March, saying the change would cost the district $600,000 per year.

Rep. Drew Springer (R-Muenster) has a plan that’d put an end to this trend, though. He explained his proposal to the House Public Education Committee [last] Tuesday night, to withhold 7.5 percent of the state’s funding to any district offering domestic partner benefits. That, he said, should be about equal to the full cost of a district’s employee insurance program.

Springer is joined by dozens of Republican co-authors on House Bill 1568. He stressed that his bill would apply equally to same-sex and heterosexual couples, but also suggested Pflugerville and Austin’s policies were rooted in something more specific.

“I think that was around the back-side door and around the corner of trying to figure out, ‘We’re not happy with the constitutional amendment we had in 2005 that defines marriage between a man and a woman,’” Springer said.

Here’s HB 1568, which is pending in committee, and here’s more on the bill. Author Springer has meddled elsewhere this session as well. It’s a thing with him, it seems.

There is good news, however. Equality Texas reports that HB1568 was withdrawn from consideration after its hearing in the Public Education committee on Thursday the 18th. That’s great news, but a “compromise” bill is in the works, whatever that means. Even if that amounts to nothing, the number of sponsors on this bills suggests the possibility of it being attached to some other bill as an amendment later on. So be happy for now, but don’t rest easy.

Two more points to note from the story:

Springer complained that expanding these policies would be a huge extra cost to the state. “If we outlawed marriage, we could save a ton of money,” Rep. Joe Deshotel (D-Beaumont) prodded him.

Unlike married people, though, Springer noted, domestic partners can’t get divorced. He said some might take advantage of the system by staying on the same health insurance plan after they’ve split up.

“It’s very difficult to be able to police that,” Springer said. ”You have a next-door neighbor who may be 40 years, 80 years old—my next-door neighbor—and she comes to me and says, Drew, I need to get coverage, help me out here. It’s easy to make that person my partner.”

No it’s not, you idiot. In fact, most private employers that provide domestic partner coverage have a verification process to ensure brain-dead schemes like Springer’s don’t happen. Many private employers now provide this coverage to their employees, including some of the biggest companies in the world. They do it because it’s something many employees want, and they know they can’t compete for the best talent if they don’t provide such basic benefits. Fraud is unsurprisingly rare. You would think that a party that worships businesses the way the Republicans do might think twice about banning government entities from adopting some of the best practices of the free enterprise system, but I suppose there are things that are more important to them than that.

Steve Washburn, pastor at the First Baptist Church of Pflugerville, told lawmakers of the turmoil that followed the district’s decision in his otherwise civil community. “At a school board meeting in the heat of debate, I was referred to as a hate-monger,” he said. “I’ve been there for 23 years. I’m pretty highly respected. That enraged a lot of people. It hurt a lot of people’s feelings.”

Sorry, Rev. Washburn, but when you seek to deny people the same rights that you enjoy, that makes you not a nice person. I’m sorry that comes as a shock to you, and I’m sorry your feelings have been hurt by the understandably and justifiably angry reaction to your intolerance, but you really need to examine your actions and your motives if you want to be respected again. It’s entirely up to you.

From the “What’s it to you”? department

Freshman Rep. Drew Springer likes meddling in other people’s business.

Ironically, the mask was made from recycled plastic bags

Austin’s recycling director urged the Legislature on Wednesday night to allow the city’s plastic bag ordinance to continue without state interference.

Bob Gedert, director of Austin Resource Recovery, told the House Committee on Urban Affairs that he had visited 300 store managers in the past three weeks and that the ban on using the bags is going smoothly.

“They are adapting very well,” Gedert said.

The committee heard testimony on House Bill 2416 that the author, state Rep. Drew Springer, R-Muenster, calls the “Shopping Bag Freedom Act” because it would outlaw bag bans such as the one passed by the Austin City Council.

“This is a decision by a local community,” Gedert said. “Please respect that.”

What business is it of the Legislature, you may wonder, to tell the city of Austin – or any of the other Texas cities that have passed bag bans – that they cannot deal with their litter problem in this fashion? Why, it’s all about your God-given freedom to clog your city’s drainage system. The Observer explains.

You’ve probably heard about Rep. Drew Springer’s ”Shopping Bag Freedom Act” by now. Springer’s proposal to outlaw local plastic shopping bag bans has gotten plenty of attention in Texas and from national media.

Springer filed his bill days after Austin began banning plastic shopping bags earlier this month, following the environmentalist lead of cities like San Francisco. Tonight, Springer had a chance to sell his bill to the House Urban Affairs Committee. If we let cities ban plastic bags, he wondered, what else might they do away with?

In a conversation with the Observer before the hearing, the Republican freshman from Muenster said he thinks the government has “crossed the line” of what local control should allow.

“The city, I believe, has overstepped their role and my bill brings in freedoms back to the individuals to make that choice with their merchant,” he said. “So it actually creates freedom, rather than imposing more on people.”

See? He’s manufacturing freedom! Just try to outsource that.

I have enough of a problem with legislators meddling in the affairs of their own hometowns. Messing with other cities just flabbergasts me. What’s it to Rep. Springer how Austin conducts its business? And as BOR and I have noted, it’s not just Austin, as Rep. Springer wants to deny Plfugerville ISD the right to extend domestic partner benefits to its employees. Last I checked, the people of Austin and Pflugerville elected the representatives who made those decisions. They’re free to replace them with representatives who will reverse those decisions if they want to. Pflugerville ISD arguably violated state law, though that will hopefully be mooted by SCOTUS, but Austin did nothing provocative. Why is this any of Rep. Drew Springer’s concern?

One more thing:

John Horton, a University of Texas student and chairman of the Young Conservatives of Texas, testified for Springer’s bill.

“When you start to ban stuff, it creates a slippery slope,” he said. “What are we going to ban next?”

Well, let’s see, there’s abortion, birth control, Planned Parenthood, sex education, three-term Governors, ethnic history courses, federal gun control laws…I’m sure I’m forgetting a few things. Are you and I watching the same session, John?

Some people still want to move backwards on equality

I’ve noted several bills that aim to move Texas forward, however incrementally, towards greater equality. These are all good and fine things, but don’t mistake their existence for evidence that the Legislature is through trying to move us backwards.

On the right side of history

The first Texas school district to offer health insurance benefits to domestic partners is under fire from a state lawmaker, and the penalty could hit the school where it counts — in the pocketbook.

State Rep. Drew Springer, R-Muenster, filed House Bill 1568, on Wednesday. It would cut off health care funding to Texas school districts that allow employees to add a domestic partner to their health care plan, targeting Pflugerville Independent School District, which extended those benefits last year.

The board of trustees of Pflugerville ISD made history in December 2012 with a 5-1 vote, becoming the first school district in Texas to offer health benefits for domestic partners.

“I think the money we give to educate our kids should go to the kids and not trying to expand social benefits that we decided in 2005 was unconstitutional,” Springer said Thursday, referring to the Defense of Marriage Act of 2005, which defined marriage in the Texas Constitution as between one man and one woman. “We’re not taking away all the funding, just the 7.5 percent that goes to the health benefit plan.”

Opponents of Springer’s bill argue that it mischaracterizes the school’s health plan policy. “No tax dollars are being used,” said Chuck Smith, president of Equality Texas, an LGBT lobbying group. Smith said that no money is taken from funding the classroom, but rather the policy “allows access to the benefit plan, but the employee still pays the premium.”

I marvel once again at the disconnect between how certain people feel about the federal government telling the state what it can and cannot do, and the state government telling local governments what they can and cannot do. See also efforts by the Lege to require state law enforcement officers to enforce federal immigration laws, but forbid them from enforcing federal gun control laws. If there’s a coherence to the ideology that drives this, I don’t see it. One hopes that the Supreme Court will render this misguided and petty little bill moot in the near future, but that’s no reason not to oppose it now. The Legislature has much better things to do than this.