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Garnet Coleman

Introducing the George Floyd Act

Coming this spring to the Legislature.

Black lawmakers at the Texas Legislature unveiled on Thursday the George Floyd Act, a sweeping police reform proposal that would ban chokeholds across the state and require law enforcement officers to intervene or render aid if another officer is using excessive force while on the job.

The legislation, spearheaded by members of the Texas Legislative Black Caucus, is named after Floyd, a Black man killed in Minneapolis police custody. Floyd died after a white police officer knelt on his neck for several minutes until and after he lost consciousness.

His death in May set off protests across the country and renewed debate over police brutality and racial inequity. And at the Legislature, which is set to meet again in January 2021 for a regular session, Floyd’s death has sparked new calls for policing and criminal justice reforms — including proposals that have failed at the Texas Capitol in recent years, often after opposition from police unions.

“We acknowledge that the road to justice in Texas — particularly for Black and brown people in Texas — has been fraught with dead ends, dead ends of white supremacy, racial hatred and bigotry,” state Rep. Harold Dutton, a Houston Democrat who chairs the caucus, said as he kicked off a virtual press conference, which included Floyd’s youngest brother, Rodney Floyd. “These dead ends have to go — and particularly the dead ends that relate specifically to law enforcement.”

The bill would also address qualified immunity, which shields government officials from litigation, by allowing civil lawsuits at the state level “for deprivation of rights under color of law,” according to a caucus summary of the legislation. Another provision would end arrests for fine-only offenses like theft under $100, a version of which died dramatically in 2019 after union opposition.

“Those police officers who do wrong by unlawfully harming our families or our constituents, who violate the constitutional rights of others, will be held accountable and legally liable for their actions,” said state Rep. Shawn Thierry, D-Houston.

It’s unclear if the outcry sparked by Floyd’s death will provide enough momentum in 2021 to push past resistance from law enforcement and unions. It’s also unknown whether the legislation will win Gov. Greg Abbott’s support, which would be crucial in turning it into law.

Abbott has previously said he is committed to working with Floyd’s family on legislation, and has even floated the possibility of a George Floyd Act at the Legislature. While he has not offered specifics on what proposals he would support, Abbott has emphasized a proposal that has also been pushed by police union officials: strengthening law enforcement training before officers are allowed to go on patrol.

It’s still too early to pre-file bills, since after all we don’t know for sure who will be serving in the next session, but it’s never too early to announce them. The Chron adds some details.

Groups including the Texas NAACP, Mothers Against Police Brutality, ACLU of Texas, Texas Coalition of Black Democrats, Black Lives Matter Houston and Texas Organizing Project have already thrown their support behind the bill.

Gov. Greg Abbott has publicly condemned Floyd’s death and promised to work with state legislators to pass reforms, though he did not discuss specifics. State Rep. Senfronia Thompson, D-Houston, and state Sen. Royce West, D-Dallas, who plan to carry the legislation, said Thursday they had not yet spoken with Abbott about it.

“It would be a great signal if he made this an emergency item and that we pass this in the first 90 days of the Legislature,” said state Sen. Royce West, D-Dallas. “Hopefully he will partner with us on this legislation.”

The 19-member caucus that introduced the bill Thursday includes a single Republican, Rep. James White of Hillister.

While some local police and sheriff’s departments have implemented some tenets of the bill, such as requirements for officers to attempt de-escalation before using force, none of them are required for all 2,000 police agencies in Texas.

Further, the bill would require officers to demonstrate that they use lethal force only when in “imminent threat of serious bodily injury or death” or when “no other lesser level of force could have worked” and their actions present no risk to bystanders, according to a draft of the law that the caucus released Thursday. The use of force must stop as soon as the threat diminishes.

The bill states that “all force must be proportionate to the circumstance and the seriousness of the offense … and must be accompanied by (an) attempt to de-escalate.”

[…]

Charley Wilkison, the executive director of CLEAT, one of the largest law enforcement union in the state, said his organization is open to many of the concepts in the proposed bill, including banning chokeholds and ending arrests for fine-only offenses.

Other areas may require a more nuanced conversation, such as qualified immunity, as Wilkison said he believes it allows enough latitude — “It’s ‘qualified’; it’s not blanket” — under current law for citizens to sue officers for misconduct. Wilkison said he agrees with setting a statewide use-of-force policy, as long as officers retain discretion.

“If we’re allowed to be in the chain of communication, we’ll share and do our due diligence to take honest action in the Legislature,” Wilkison said.

As both stories note, some of what is in this proposed bill had been in the Sandra Bland Act originally. I don’t know that Abbott will care enough to make this bill an emergency item, but I do expect that he’ll support some form of this, and I do expect that something will pass. It’s mostly a question of how much of the bill as filed makes it to the finish line, and whether anything that is less desirable makes it in along the way. The potential for messiness, heated debate, and at least one idiot member of the Freedom Caucus saying something deeply stupid and offensive is quite high. But in the end I do expect something to pass, and we’ll feel good about what we do get. The question is how good, and how much more there will be to do in a future session. Reform Austin has more.

More and better police data, please

Like this.

The Texas Commission on Law Enforcement will ask nearly 2,000 Texas law enforcement agencies to resubmit information legislators intended be used to analyze whether police were treating minority motorists differently — but which turned out to be worthless because TCOLE neglected to ask departments to include the race of the drivers in some of the data.

The change comes days after Hearst Newspapers published a story detailing how the information, required by the 2017 Sandra Bland Act, was impossible to use.

“I’m trying to jump on it pretty fast,” said state Rep. Garnet Coleman, D-Houston, a sponsor of the bill, who said he spoke Monday morning with TCOLE and they had agreed to correct the problem.

Coleman said he also has asked the agency to work with academic experts to ensure the information it is asking of Texas law enforcement agencies can be used to actually conduct racial bias analyses. Alex del Carmen, a criminal justice professor at Tarleton State University who helps train police executives, said he worked Sunday to create a survey that would produce the necessary information.

Coleman said the new list of questions will be used to gather the information for 2020. But he added the agency said it would also contact police departments to ask them to redo their 2019 surveys, originally submitted in March.

I mean, I’m glad this is happening now, but it’s more than a little embarrassing that the initial data collection was this lacking. Whose job was it to do quality assurance? Kudos to the Chron for bringing this to light.

And let me just add, while it is quite fashionable now to dunk on the idea of “running government like a business”, as someone who has worked for a Large Corporation for many years, this kind of data collection is absolutely the sort of things successful businesses do. It’s critical, to know if what you’re doing is working, to identify and learn from errors, to spot trends and respond to them, and so on and so forth. And really, it’s not that hard to do. Shame on TCOLE for such a shoddy first effort.

And also like this.

Two state lawmakers who reviewed a copy of the Houston Police Department’s audit of its narcotics division are calling on Chief Art Acevedo to release the document to the public.

“The reality is, there’s nothing in this the public should not be aware of,” Texas Sen. Paul Bettancourt said. “The real question is, what are they going to do about it?”

The police department performed the audit after last year’s disastrous Harding Street raid. Two homeowners died in the raid, and investigators later accused former officer Gerald Goines of lying to obtain the warrant on which he based the raid. He is now charged with murder.

In the wake of the incident, the police department launched an internal criminal probe, along with an administrative audit of the Narcotics Division.

[…]

In February, after questions from the Chronicle, Rep. Gene Wu, D-Houston, and a coalition of other Houston-area state representatives called on Acevedo to make the document public. The chief balked, saying he did not want to endanger the county’s criminal case against Goines and said the document included the names of undercover officers and could reveal information about confidential informants.

Because of the nondisclosure agreement, Wu said he could not comment on the specifics of the document. But he said that reviewing it only confirmed his belief that it should be public.

“Even without the redactions, there is little that can be gleaned from it that is not already public knowledge or could in any sense jeopardize an ongoing investigation or prosecution,” he said.

Yes, release the audit. The public needs to know. The criminal case will be fine – Kim Ogg is filing a bunch more charges now, in part because everyone involved seems to have a problem with telling the truth – but even if that were a problem, this is HPD’s mess. They need to come clean. The Chron editorial board and Odus Evbagharu, Chief of Staff to State Rep. Jon Rosenthal, have more.

UPDATE: And just like that, a draft of the audit was released on Twitter. Here’s a Chron story about it. Now let’s see some followup on this, because audits are all about actions.

Steps towards more transparency

Step One:

Mayor Sylvester Turner said Friday he is reviewing an internal audit of the Houston Police Department’s embattled narcotics division and will send the results of the probe to state lawmakers who have called for its public release.

Turner revealed the news days after state Rep. Gene Wu, D-Houston, authored a letter signed by seven other House members that called on Police Chief Art Acevedo to publicly release the audit’s findings.

Acevedo ordered the internal probe after the deadly 2019 raid at 7815 Harding St., which ended with the deaths of the home’s two residents and left four police officers shot. Investigators subsequently said that the officer who orchestrated the raid lied to get the warrant used in the operation. That officer, Gerald Goines, has been charged with murder and faces federal civil rights charges.

Twice in the last two weeks, Turner has declined to say whether the audit should be released, and he had not admitted to reviewing it himself until Friday. He said he is giving lawmakers access to the audit as long as they promise not to reveal it to the public.

“As I go through the audit — and I’m going through it now — you don’t want to disclose the identity of officers who have been acting undercover and expose them to risk,” Turner said after a roundtable on police reform at City Hall. “But I do understand the importance of making it available to our legislative colleagues, so that they can see it for themselves.”

[…]

Wu on Friday said it was not enough to release the audit only to lawmakers.

“This is an investigation of a public agency, of public servants’ wrongdoing,” he said. “It’s absolutely 100 percent in the public interest and right to know what public servants are doing. I cannot imagine we would tolerate this from any other city or state agency where we suspected rogue employees or individuals. The public not only has a right to know, it needs to know.”

Rosenthal echoed Wu in calling for the report to go directly to the public, not House members.

“Taxpayers paid for that report, they pay for that department, it belongs to the people,” Rosenthal said. “I’m disappointed they would ask us to not send it to the people. Our ask was that it be made public.”

State Rep. Garnet Coleman, D-Houston, said he “appreciates” Turner’s decision to allow lawmakers to review the audit.

“I think it’s important in this time that transparency is there. In a strong mayor form of government, that is a call the mayor can make,” he said. “I still think it should be public, that hasn’t changed.”

I say again, release the audit. If there are some people named in it who are not under any suspicion or who have no connection to the underlying problems, then go ahead and redact them out of it. Otherwise, I agree completely with what the representatives are saying. This is information for the public.

Step Two:

A group of 20 marched through drizzling rain on the downtown Houston streets Friday where thousands had just gathered for George Floyd, now demanding justice for a Hispanic man killed by police in April.

The rally ended in front of the Harris County Criminal Justice Center, where about a dozen more supporters joined and called for Houston police to release body camera footage of the incident in which 27-year-old Nicolas Chavez was fatally shot by lawmen while, according to a cell-phone video of the encounter, on his knees.

“I know that they’re going to make him look bad and they’re going to try to justify what they did,” said his mother, Leantha Chavez. “In the end, it doesn’t matter what he did. He was on his knees when they shot him and he was unarmed.”

Chavez’s family and friends emphasized that he seemed to be undergoing a mental crisis. His 5-year-old son stood nearby during the gathering outside of the courthouse, holding a sign that read, “Abolish the police!”

Houston Police Department spokesman Kese Smith said while the family viewed their footage, the agency needs to consult with the Harris County District Attorney’s Office before releasing video to the public.

“The family’s wishes are obviously a very important part of it, but we have to have conversations with the District Attorney’s Office as well,” Smith said.

“We are certainly available to police if they want to discuss concerns about body cam videos or any other evidence,” said Dane Schiller, spokesman for the Harris County District Attorney’s Office. “We independently review all officer-involved shootings and we present all the evidence in every instance to a grand jurors, regardless of whether it has previously been made public, so they can determine whether a criminal charge is warranted.”

Houston Police Chief Art Acevedo has asked the FBI to review the April 21 death of Chavez. He called the cell phone video “difficult” to watch but has yet to make public any of the police department’s roughly 70 videos that captured the shooting.

The whole point of body cameras, and the reason why there was such a demand for them in recent years, is precisely because they can shed light on contentious and disputed interactions between the police and the public. If the DA needs some time to review the footage to determine whether or not to bring charges, that’s fine, but let’s not draw this out any longer than necessary. This is, again, information for the public. Let’s act accordingly.

Release the audit

That’s my three-word response to this.

A growing chorus of elected officials is calling on Houston Police Chief Art Acevedo to release the findings of an internal audit on his department’s narcotics division, arguing that the chief’s refusal to do so contradicts his vows to be transparent and accountable.

Acevedo ordered the internal probe after the deadly 2019 raid at 7815 Harding St., which ended with the deaths of two homeowners and left four police officers shot. Investigators subsequently said that the officer who orchestrated the raid lied to get the warrant he used in the operation.

Now, with the death of George Floyd in Minnesota galvanizing worldwide protests and searing scrutiny of police departments across the country, state Reps. Anna Eastman, Christina Morales, Jon Rosenthal, Senfronia Thompson and Gene Wu are renewing their call from March for Acevedo to release the audit. And they are joined by three other members of the Texas House — Garnet Coleman, Gina Calanni and Mary Ann Perez — along with U.S. Rep. Sheila Jackson Lee and more than half of Houston City Council.

Wu, who wrote both letters, said that the chief’s reluctance to release the audit is at odds with his past pledges to be transparent and hold officers accountable.

“The violations of policies, procedures and laws by officers in the Narcotics Division must be made known to the public,” wrote Wu, D-Houston. “If there are other officers who have repeatedly broken the law, the continued concealment of their behavior does a gross disservice to reputations of officers who are doing their jobs well.”

You can read the rest, and you can see a copy of the letter here; page two is visible on Dos Centavos, which is where the signatures are. I mean, being transparent means doing stuff like this. If there really is some content in that audit that might affect prosecutions, a little redaction is acceptable, as long as the substance of the report is not changed. But come on, either you meant it when you said you wanted to be transparent or you didn’t. Show us what you meant.

On a related note:

The mayor shouldn’t pretend that the calls for police reform were suddenly sprung on him this week. His own transition team in 2016 made a litany of reform recommendations. Our organizations participated in the committee, as did senior members of the mayor’s administration. Then in 2017, city council spent $565,000 on a 10-year financial plan that included recommendations to cut some of the 75 percent of the budget spent on public safety over that time span.

Houston does not need another study. What we need is action on the existing recommendations for police reform. After participating in the transition committee, our organizations established the Right2Justice Coalition. We have met regularly to address ongoing issues of policing and criminal justice in Houston and Harris County. Today, we are publishing a progress report of existing recommendations from Turner’s 2016 Transition Committee on Criminal Justice and the 2017 10-year financial plan.

The progress report shows that the city has implemented only a few of the recommended reforms, the most significant being the consolidation of the city’s jails with Harris County in 2019. It has failed to adopt recommendations to develop, in partnership with grassroots organizations, a plan for community policing, to enact a cite-and-release policy to divert people accused of minor offenses from the criminal justice system, to combine 211 and 311 to better meet residents’ needs for non-police services, and to implement a body cam video release policy that “maximizes public access to footage in a prompt manner.”

And instead of civilianizing 443 positions as the 10-year plan recommends to save $5-10 million, the administration has increased the number of officers by 81 and shrunk the number of civilian positions by 258.

Delays in implementing these recommendations in the last three years have further eroded public trust. Turner and Houston Police Chief Art Acevedo’s actions speak louder than words — by that standard, their message is unchanged.

C’mon, guys. The time for action is now. You promised it, we want it. I know you can do it. Don’t let us down.

Let’s fix the Sandra Bland Act

Let’s make it what it was supposed to have been in the first place.

Sandra Bland

After Sandra Bland’s death in a rural Texas jail drew outrage across the nation, two Texas lawmakers filed a comprehensive bill to address racial profiling during traffic stops, ban police from stopping drivers on a traffic violation as a pretext to investigate other potential crimes, limit police searches of vehicles and other jail and policing reforms.

But by the time the Legislature passed it, most of the sweeping provisions related to policing had been stripped out.

Now, on the heels of the death of George Floyd, those lawmakers say they’re determined to try again to push those reforms through when the Legislature reconvenes in January 2021.

State Sen. John Whitmire and state Rep. Garnet Coleman, both Houston Democrats who chair relevant committees in their respective chambers, said in a joint news release Tuesday they would continue to work together on criminal justice reform efforts next year. Whitmire’s chief of staff and Coleman confirmed to The Texas Tribune that they will begin with pushing again for measures they hoped to achieve with the 2017 law — like investigations into racial profiling and officer consequences. Many provisions were removed from the bill after law enforcement opposition.

[…]

Coleman told the Tribune on Tuesday that he and Whitmire will start with filing legislation that was removed from the Sandra Bland Act in 2017, such as measures to increase the standards by which law enforcement can stop and search a vehicle and ban law enforcement from stopping drivers for minor traffic violations to allow an officer to look into other suspicions. Coleman said they will also look at filing measures related to what constituents are asking for in the wake of Floyd’s death, “specifically getting rid of choke holds” and ensuring that, “if a peace officer is standing around watching their colleague do something wrong, that they must intervene.”

See here for some background. The Chron adds some details.

Lawmakers in 2019 tried to revive the limitation on arrests but faced steep opposition from police unions and lost support from some Democrats who disagreed with parts of its language that they felt gave police too much discretion.

This time around, however, Gov. Greg Abbott is already speaking publicly in support of legislation that would prevent a death like Floyd’s from happening in Texas, which he called a “horrific act of police brutality” in a news conference Tuesday.

State Rep. Garnet Coleman, the Houston Democrat who authored the Sandra Bland Act, was listening.

“When Sandra Bland happened, we didn’t have Gov. Abbott coming out and saying that this was appalling,” said Coleman, a member of the newly formed bipartisan House Criminal Justice Reform Caucus. “We do on this case. Across the country, people who ordinarily would not side with the protesters in terms of what happened, they are. We have peace officers kneeling with protesters saying enough is enough. … That’s the great thing about life. Things can evolve.”

[…]

The Sandra Bland Act has already seen some early success: According to the Texas Commission on Jail Standards, the number of annual suicides declined by 50 percent from 35 in 2015 to 17 in 2018 after the implementation of new standards for mentally ill inmates and independent investigations of jail deaths

Rep. Jeff Leach, R-Plano, who leads the House Criminal Justice Reform Caucus, said he also hopes to bring back discussion of the misdemeanor arrest restrictions missing from the Bland Act, as well as reforms of grand juries and the death penalty.

“It’s just a nightmare scenario with not only Mr. Floyd’s death but all of the stories — they’ve got to compel us not just to say the right things but to do the right things,” Leach said. “So, yes, my hope is that we will come together quickly and act, and I think you’re going to see the House and Senate do that next session.”

Other reforms lawmakers’ said they’d like to revisit in 2021 include deeper training on racial bias, stronger laws to prevent racial profiling in arrests and, like the Blands, ending “pretext stops.”

[…]

The fiercest political opposition has tended to come from police unions, including the Combined Law Enforcement Associations of Texas, better known as CLEAT.

Last session, the group fought the measure blocking arrests for class C, low-level misdemeanors because of a concern about taking away officer discretion.

It also opposed a bill written by state Rep. Joe Moody, D-El Paso, that would have made more records regarding in-custody death public. The police union said it was concerned that alleged misconduct would become public before the completion of an investigation.

After a bitter fight, the group declined to meet with Moody and certain other lawmakers.

“There’s a philosophical shift that we have to undertake next session,” Moody said. “Being told that we can’t even have a conversation about it, that is a nonstarter. We are going to have a conversation about this. … So while some cop lobbyist in Austin says we’re not allowed to talk about it, it’s not his decision to make. It’s our decision to make, and we have to get to work on this in a real way.”

There’s lots of things the Lege could do, and this all sounds like a good start. Overcoming opposition from law enforcement will be the main challenge. The head guy at CLEAT says they’re willing to talk to anyone speaking “in good faith”, and you can take that as you see fit. As I see it, they’re welcome to sit at our table if they have something constructive to offer, but no one has to go sit at theirs if they don’t want to. This session looks like the best opportunity to take positive action. Let’s keep that momentum going.

UPDATE: Well, what do you know?

In the first statewide policy change since George Floyd’s death shook the nation, the Texas agency that regulates police has agreed to add implicit bias training to a course required for every officer, upon the request of Houston Democratic state Rep. Garnet Coleman.

The requirement was one that had been included in an early iteration, but not the final version, of the 2017 Sandra Bland Act, which requires all officers to take de-escalation training.

This time, Coleman went a different route and simply asked the Texas Commission on Law Enforcement if it would make the change administratively as opposed to waiting for new legislation. To his delight, the commission responded a day later that it would adopt the policy.

Coleman said he will work with the agency on crafting and finalizing curriculum, but the purpose will be to train officers about the possibility that they may be unconsciously carrying preconceived notions or prejudices that can affect their actions on the job.

“It does what the public is asking for,” Coleman said. “When a police officer doesn’t understand that they have this bias, the only way to change it is for them to recognize that they have a bias that may be a racial bias.

“When people say, ‘How do you change how people think?’ This is how you change how people think.”

Who knew it could be that easy? May the rest of it be the same.

A bipartisan equality bill

I appreciate the effort, but we can’t expect too much to come of this.

Five Democratic and two Republican state legislators announced plans Wednesday to file a bill next legislative session that would bar discrimination against LGBTQ Texans in housing, employment and public spaces.

The bill, which has the early support of state Reps. Sarah Davis, R-West University Place, and Todd Hunter, R-Corpus Christi, would extend protections based on sexual orientation and gender identity. There are 21 states that already have enacted such policies.

“Quite frankly, we are already behind the curve on this issue,” Davis said. “Nondiscrimination is not just good for LGBTQ community, but it’s good for all Texans.”

Lawmakers rolled out the bill during a virtual news conference where they touted an economic study that found a statewide nondiscrimination policy would generate $738 million in state revenue and $531 million in local government revenue next biennium. It also would add 180,000 new jobs in technology and tourism by 2025, the study found. The benefits, the authors said, largely would come from Texas’ greater ability to attract talent and heightened opportunity for tourism and conventions.

“We should want to treat people fairly because it’s the right thing to do, whether it has economic effects or not,” said Ray Perryman, a Waco-based economist who led the study. “This shouldn’t be the reason to do it, but it is a very important aspect of it in today’s society, and there are very significant economic costs associated with discrimination.”

The legislation likely will face strong headwinds in the Republican-controlled Senate. Lt. Gov. Dan Patrick, who presides over the upper chamber, prominently opposed a similar measure that was rejected by Houston voters in 2015, and later backed the so-called bathroom bill opposed by LGBTQ advocates that would have required people to use facilities matching the gender identity on their birth certificates.

The lawmakers largely dismissed political concerns Wednesday, arguing instead that their early push for the bill — more than seven months before the session is slated to begin — heightens their odds of passing it.

“I think a lot of this is going to take talking to our colleagues and explaining the results of this study,” said Rep. Jessica González, D-Dallas, a member of the House LGBTQ Caucus and author of the bill. “It’s going to take a lot of groundwork.”

[…]

The bill faces good odds of passing the lower chamber, where Democrats have gained ground and some Republicans have moderated their positions, said Brandon Rottinghaus, a political science professor at the University of Houston. He was less bullish on the bill’s chances in the Senate.

“It’s a different animal on that side of the chamber,” Rottinghaus said. “You do all the political calculations and it’s a tall order to get it passed. But, in some ways it’s a marker: these members see the future of Texas as one where the economy needs to be put front and center, and if that theory can get some grip among the members, then there’s hope for it in the future. But as it is now, it’s a pretty tough sell.”

That’s really about all there is to it. This bill may pass the House, but if so then Dan Patrick will stick it in a shredder, have the shredder blown up by the bomb squad, and then have the debris shipped to Oklahoma. We ain’t getting a bill like this passed while he’s Lite Guv, and that’s even before we consider getting it signed and then having it reasonably enforced by the Attorney General. It’s nice that there are two House Republicans willing to sign on to this – no, really, that is important and could very well matter if we oust Patrick in 2022 but still have a Republican-controlled Senate – but it will take either more of them than that to get this passed, or fewer Republicans in the House overall. I don’t know who our next Speaker will be, but I like the odds of this passing with a Democrat appointing committee chairs than with pretty much any Republican that could inherit the gavel. Needless to say, one way of getting the requisite number of Dems in the House is to oust Sarah Davis, as her seat is high on the list of pickup possibilities. Todd Hunter’s HD32 is on that list as well, but farther down; if he loses in November, Dems have had a very, very good day.

Let’s be clear that lots of substantive bills take more than one session to get passed, so bringing this up now even without any assurance that it could get out of committee is the right call. Start talking about this now – the real benefits a true equality bill would bring, the ridiculous arguments that opponents will throw at it, and very importantly the potential legal pitfalls that the true wingnuts and their sympathetic judges will try to exploit – and we’ll be better positioned when the timing is better. I can’t say when that might be – elections have consequences, I’m told – but it’s best to be prepared.

The interviews I didn’t do

As was the case with the 2019 Houston elections, there were too many candidates and too many races (and in this case, too little time as well) to do a full slate of interviews. I did what I could, and did a pretty good job of covering the races of interest in Harris County if I do say so myself, but if there had been more time I’d have done more. In some cases, I can point to previous interviews or other resources, so let’s have a review, and look ahead to what might be on tap for the runoffs.

US Senate: I’d have loved to interview some of these candidates, but it was unlikely I’d be able to get time on their calendars, especially after the filing deadline. The Texas Signal has done some Senate candidate forums, and you can see links to Facebook videos from one they did in Houston here. The Texas Trib also did a series of interviews with the five leading candidates, and they can be seen here, as well as a Q&A series here.

CD02: I interviewed Elisa Cardnell and Travis Olsen very early in the cycle, before the filing deadline and thus before Sima Ladjevardian entered the race. I’ve tried but have not succeeded at setting up a time to talk with her, and if there’s a runoff that she’s in that will be a top priority for me.

CD08: This is obviously not a district that anyone expects to be competitive, but I regret not having the time to speak to Laura Jones and Elizabeth Hernandez. They both look like super candidates, and it’s important to support efforts to build Democratic infrastructure in places like Montgomery County. That race is on my list for November.

CD09: Rep. Al Green is the one Democrat in Congress from the area that I’ve never had the chance to interview. Tried to chase him down once a few years ago but couldn’t make it happen. I don’t see this as a competitive race and there’s no need to do a November interview, but one of these days I’d like to talk with him, just to have done it.

CD10: I interviewed Mike Siegel for the 2018 runoff. This race is on my list for the May runoff, if there is one.

CD18: I interviewed Rep. Sheila Jackson Lee back in 2010. I would enjoy talking with her again, but I did not have it in me to do seven (!) interviews for this race. In the unlikely event of a runoff, I’ll definitely revisit this race.

CD22: I interviewed Sri Kulkarni for the 2018 runoff. My original thought was that if this goes to a runoff I’ll be there for it, but after the recent bizarre allegations between the two candidates who might make it into a runoff besides Sri Kulkarni, I’m not sure what I’ll do.

SD11: I interviewed Susan Criss when she ran for HD23 in 2014. I may or may not do this race for November, we’ll see.

SD13: I’ve interviewed Sen. Borris Miles twice, most recently in 2012, when he was running for re-election in HD146. Let’s just say I’d have to ask him some very different questions now, and leave it at that.

HD126: As it happens, I interviewed both candidates in 2018 – Natali Hurtado, and Undrai Fizer. I’ll probably do this one for November, we’ll see.

HD142: I have never interviewed Rep. Harold Dutton, I don’t think I’ve ever met him. I have interviewed Jerry Davis a couple of times, most recently in 2013. I will definitely want to do interviews in this race if there’s a runoff.

HD146: I have not interviewed Rep. Shawn Thierry, but I did run a judicial Q&A from her in 2010. I interviewed Ashton Woods for City Council last year.

HD147: I have interviewed Rep. Garnet Coleman multiple times, most recently in 2012. He’s always been a favorite person to talk to. In the unlikely event of a runoff, I’ll definitely revisit this race.

HD148: Had it not been for the special election in November, I’d have been all over this race. That said, thanks to the special election I’ve already done interviews with Rep.-elect Anna Eastman, Penny Shaw, and Adrian P. Garcia. I also interviewed Cynthia Reyes-Revilla for City Council. I might possibly revisit this in a runoff, but because I’ve done these interviews so recently it’s not clear to me I’d have anything new to ask these folks. We’ll see.

Sheriff: I’ve interviewed Sheriff Ed Gonzalez multiple times, including in 2016 when he first ran for Sheriff. I also interviewed Jerome Moore after he made it to the runoff with Gonzalez in 2016. I didn’t see this race as a particularly serious challenge to Gonzalez, so I put a higher priority on the DA and County Attorney races. If it turns out I was wrong and this one winds up in a runoff, I will of course revisit it.

HCDE: I also regret not doing interviews in the two At Large HCDE races, but there just wasn’t the time, and unlike with legislative offices there’s just so many questions about this position I can reasonably ask. I’ll probably do Position 7 if that race goes to a runoff, but we’ll see.

Yeah, I’ve done a lot of interviews over the years. Always room for more, though not always the time. I’ll be back to the task in March, and again later this year. Hope you find this useful.

Endorsement watch: Some State Reps

The Chron made seven endorsements in contested Democratic State Rep primaries on Thursday, plus two in contested Republican State Rep primaries. This must be Part One, because there are multiple races left for them to do. I’ll get to that in a minute, but for now, here’s a recap of the action.

Rep. Alma Allen in HD131.
Rep. Senfronia Thompson in HD141.
Rep. Garnet Coleman in HD147.

None of those are surprising, or all that interesting given that these are three of the best from Harris County. Moving on.

Josh Markle in HD128.

District 128 borders and straddles the Houston Ship Channel. In the last election, the Democratic Party did not run a candidate against the incumbent Rep. Briscoe Cain. This year, both candidates in the Democratic primary, Josh Markle and Mary Williams, want voters to at least have a choice even if they face long-shot odds. That’s smart, as no seat should be so safe that incumbents aren’t even challenged.

[…]

Markle was a staff sergeant in the U.S. Air Force, and besides environmental issues, his platform includes the full gamut of core Democratic issues — healthcare, education, jobs and criminal justice reform. He’ll give voters in the Republican-leaning district a promising alternative to consider in the fall.

Williams served the Houston Police Department as a civilian for more than 23 years. We applaud her spirit of service and dedication to her community. But we believe Markle will give voters ready for a change in the district a better option.

Markle got a fundraising boost from Beto back in September, as you may recall. Good candidate, very tough race.

Ann Johnson in HD134.

Ann Johnson

Child prostitutes were seen as criminals not victims under Texas law until 2010 when Ann Johnson won a case at the Texas Supreme Court involving a girl who was 13 when she was arrested. The case changed both the state law and the national conversation around sex trafficking, and is among several achievements that distinguish Johnson from a strong slate in the Democratic primary for House District 134.

[…]

Ultimately it is Johnson who presents the strongest chance for Democrats to take back control of District 134. She speaks with authority about a broad range of issues and with the persuasive power of a former prosecutor. After the landmark case she argued to the Texas Supreme Court, she was was hired by a Republican district attorney as a human-trafficking specialist. She worked with Republican judges to start the CARE court to assist child victims of human tracking and SAFE court for people 17 to 25 charged with prostitution. Now she’s calling for public-private partnerships to establish a victim recovery village.

Even if Democrats do flip the House, whoever wins this seat will have to work those across the aisle. Johnson has a record of appealing to common values to get important work done.

It is a strong field in HD134, as any of Johnson, Ruby Powers, or Lanny Bose would be an excellent State Rep. You can’t go wrong here.

Rep. Shawn Thierry in HD146.

Rep. Shawn Thierry

Shawn Thierry traces her interest in politics back to early childhood when she was the first black child in her Houston public elementary school. Thierry’s teacher quit because she said she couldn’t teach a “colored child.”

Her mother, the first black teacher to integrate Sharpstown High School, used to call her “little Barbara Jordan,” after the revered Texas politician who was the first African-American woman in the Texas Senate and the first from the Deep South elected to the U.S. Congress.

[…]

Thierry is being challenged for the seat, which represents a demographically diverse community from Sunnyside through Meyerland and Westbury past Sharpstown, by Houston Black Lives founder and community activist Ashton P. Woods.

Woods, who ran for City Council last year, brings passion for communities that often go unheard, especially on issues impacting the LGBT community. His is a much-needed voice that we hope will be heard.

Thierry, however, brings pragmatism and perseverance that is critical in making change happen in the Legislature. We endorse Thierry for House District 146.

Thierry was elected in 2016 after winning the nomination in one of those precinct chair selections, after Borris Miles moved up to SD13 to replace Rodney Ellis. She had a primary challenger in 2018 but won that easily. I heard a brief rumor after the 2019 election that Dwight Boykins might file for this seat, but in the end that didn’t happen. Woods is the strongest challenger to a Dem incumbent this side of Jerry Davis, and he’s picked up a few endorsements including the GLBT Political Caucus and the Texas Organizing Project. Keep an eye on this one as well.

Rep. Anna Eastman in HD148.

Rep. Anna Eastman

Eastman, whose HISD district included 75 percent of District 148, told the Editorial Board that education would be one of her priorities. She wants to ensure that funding from HB3, the school finance bill passed in the last session, is preserved and the money goes where it is needed. She also believes the state school rating system needed to be reviewed.

“There’s a huge disconnect when you have a district like HISD getting a B rating, triggering a board of managers and having schools that we know really are not serving our kids in a way that they’re worthy of,” said Eastman, 52.

She also supports increasing access to safe, legal abortion and a number of gun reform measures, including closing background-check loopholes, red-flag laws and banning assault-style weapons and ammunition.

We were also encouraged by Eastman’s plan to spend the next several months establishing her office, getting to know her constituents and “showing up in Austin in January ready to serve and do work that matters.”

Eastman was the Chron’s choice in the special election, so this is not a surprise. Penny Shaw has racked up all of the group endorsements, however, so this ought to be a tough race. Most likely, Eastman will have to run a fourth time, in a primary runoff, for the opportunity to run for a fifth time, in November.

Still to be endorsed: HDs 126 and 138, the two remaining challenges to Republican-held seats, and HDs 139 and 142, the other two challenges to Dem incumbents. Also, too, SDs 11 and 13, and a bunch of other races. We’re still waiting.

January 2020 campaign finance reports: State House, part 1

I’m going to take a two-part look at the finance reports in State House districts. Part One will be from Harris County, looking at both contested primaries and contested November races. Part Two will focus on races in the counties around Harris. Previous entries in this series include Harris County offices, and statewide races.

Undrai Fizer, HD126
Natali Hurtado, HD126

Sam Harless, HD126

Josh Markle, HD128
Mary Williams, HD128

Briscoe Cain, HD128
Robert Hoskins, HD128

Kayla Alix, HD129

Dennis Paul, HD129
Ryan Lee, HD129

Bryan Henry, HD130

Tom Oliverson (PAC), HD130

Alma Allen, HD131
Carey Lashley, HD131
Deondre Moore, HD131
Elvonte Patton, HD131

Gina Calanni, HD132

Angelica Garcia, HD132
Mike Schofield, HD132

Sandra Moore, HD133

Jim Murphy (PAC), HD133

Lanny Bose, HD134
Ann Johnson, HD134
Ruby Powers, HD134

Sarah Davis, HD134

Jon Rosenthal, HD135

Merrilee Beazley, HD135
Justin Ray, HD135

Akilah Bacy, HD138
Jenifer Pool, HD138
Josh Wallenstein, HD138

Josh Flynn, HD138
Lacey Hull, HD138
Claver Kamau-Imani, HD138

Jarvis Johnson, HD139
Angeanette Thibodeaux, HD139

Senfronia Thompson, HD141
Willie Franklyn, HD141

Harold Dutton, HD142
Richard Bonton, HD142
Jerry Davis, HD142
Natasha Ruiz, HD142

Shawn Thierry, HD146
Ashton Woods, HD146

Garnet Coleman, HD147
Colin Ross, HD147
Aurelia Wagner, HD147

Anna Eastman, HD148
Adrian P. Garcia, HD148
Cynthia Reyes-Revilla, HD148
Penny Shaw, HD148
Emily Wolf, HD148

Lui La Rotta, HD148

Michael Walsh, HD150

Valoree Swanson, HD150


Candidate     Raised     Spent     Loan     On Hand
===================================================
Fizer            800       319        0         500
Hurtado       25,091     9,588        0      11,752

Harless       73,265    11,022   20,000     103,669

Markle        78,906    12,426        0      68,081
Williams

Cain         125,891    39,462        0     133,616
Hoskins        4,575    26,033        0       3,804

Alix           2,141     1,343        0         898

Paul          85,621    38,444  156,000     116,486
Lee           10,720     4,779        0       5,879

Henry          3,385     2,901        0       3,385

Oliverson     56,555    62,895   60,000     101,693

Allen         11,100    13,251        0      32,798
Lashley
Moore
Patton        43,075     1,100        0      10,000

Calanni       82,002    24,571        0      70,770

Garcia        28,045    20,076        0      21,309
Schofield     27,400    24,152        0     152,549

Moore          2,000     2,539        0       1,502

Murphy       120,076   132,583        0     487,913

Bose          54,573    13,702        0      40,871
Johnson       58,287    31,075        0     148,054
Powers        43,015    40,852        0      18,299

Davis         89,750    76,040        0     230,958

Rosenthal     70,841    42,143        0      41,320

Beazley            0       465        0           0
Ray           52,666    24,644        0      47,082

Bacy          28,066     6,799        0      14,455
Pool
Wallenstein   42,137    35,766   10,000      51,786

Flynn         12,080    20,761        0       9,166
Hull          50,068     4,551        0      45,516
Kamau-Imani   18,800     2,229        0      16,570

Johnson        8,775     3,619    2,500      26,946
Thibodeaux     7,000     2,069        0       4,931

Thompson     104,216   136,801        0     889,738
Franklyn           0     1,873        0       1,336

Dutton        26,876    16,676        0      79,263
Bonton
Davis        139,565     9,787        0     129,928
Ruiz

Thierry       13,710    11,825        0      13,446
Woods          1,485     1,263        0       1,690

Coleman       97,990   129,532        0     110,589
Ross
Wagner

Eastman       75,378    57,861        0      33,967
Garcia        12,100     2,500        0       4,000
Reyes-Revilla  3,547         0    8,000       3,547
Shaw          11,635    15,531   34,000      15,454
Wolf               0         0      200         235

La Rotta      11,280    10,602        0       4,095

Walsh              0        33        0          33

Swanson       10,201    27,643   34,040      34,657

You may also want to refer to this Trib story and this Reform Austin post about the finance reports in the top tier House races. I don’t have the bandwidth to look at all of them, so check them out for their reporting on it.

There are several contested Democratic primaries, including five challenges to incumbents in safe D districts. This was a popular pastime in the 2000s, during the Craddick era – Alma Allen beat Ron Wilson, Armando Walle beat Kevin Bailey, Borris Miles took three out of four against Al Edwards. The latter of those occurred in 2012, and while there have been primary opponents to incumbents over the past few cycles, none have come close to succeeding; Edward Pollard in HD137 and Demetria Smith in HD149, both of whom got about 35% in their races in 2016, came closest. The one this year that has the greatest potential to upset the status quo is in HD142, where longtime State Rep. Harold Dutton faces unrest over his role in passing the TEA takeover bill as well as the tumult in City Council District B. Still-current District B incumbent Jerry Davis, who transferred all of his city campaign funds into his State Rep campaign treasury, is the main threat to Dutton. I can’t wait to see how the endorsements play out – Davis has already gotten the nod from the Texas Gulf Coast Area Labor Federation (TGCALF), AFL-CIO, the only challenger to an incumbent in Harris County to do so. Elvonte Patton, who was a candidate for HCDE in the 2018 primary, has a nice fundraising total, but most of that is in kind, and Alma Allen has vanquished previous challengers with 85% or more of the vote in the past.

On the Republican, there’s not much action outside of an attempt to install a grownup in HD128. As I understand it, Robert Hoskins has some establishment support in his effort to knock out Briscoe Cain, but as you can see not a lot of money. We both know which speaks louder.

The four most hotly contested seats, one of which is open, is where the bulk of the action is. All three contenders in HD134 raised similar sums, but Ann Johnson has a commanding lead in cash on hand thanks to a big first half of the year. Akilah Bacy and Josh Wallenstein both raised a few bucks in HD138, with Wallenstein doing a bit better, while Lacey Hull led the pack on the Republican side. I have to assume now that his spot on the ballot is assured, Josh Flynn will ramp it up. Freshman Reps Gina Calanni and Jon Rosenthal both outpaced the totals of their potential opponents. The HD132 GOP race will be interesting, as Angelica Garcia has Greg Abbott’s endorsement but former Rep. Mike Schofield still has cash left over from his 2018 loss. To some extent, none of these totals matter that much because there will be a ton of PAC money on both sides in all of the competitive districts. Still, a candidate or incumbent who can raise cash on their own is stronger than one who relies mostly on others doing that work.

In HD148, where there’s both a contested primary and a special election runoff (happening now!), the main thing to note is that these totals are all from October 27 through the end of the year, as all of the candidates save Emily Wolf had eight-day finance reports from their November 2019 races. Penny Shaw has gotten a couple of early endorsements, so the 30-day report in early February will tell a more detailed picture for this race. As for the special election runoff, there’s nothing to suggest anything unusual, Erica Greider’s weekend daydreams aside.

Beyond that, not a whole lot else to discuss. Jim Murphy’s cash on hand total is one reason why I speculated he might consider a run for Mayor in 2023 if the Lege is no longer amenable to him. Sarah Davis would probably have more cash on hand right now if she hadn’t had to fend off primary challengers in the past. As above, I’m pretty sure she’ll have the funds she needs to run that race. The Dems have some longer shots out there, with HD126 being the most competitive of them, so keep an eye on Natali Hurtado. I’ll be back next time with the State House races from elsewhere in the region.

Where the primary action is

It’s on the Democratic side in Harris County. This should come as a surprise to no one.

The crowded Harris County Democratic primary field reflects a new reality in Houston politics: With the county turning an even darker shade of blue in 2018, many consider the real battle for countywide seats to be the Democratic primaries, leading more candidates to take on incumbent officeholders.

“This is the new political landscape of Harris County. Countywide offices are won and lost in the Democratic Primary,” said Ogg campaign spokesperson Jaime Mercado, who argued that Ogg’s 2016 win “signaled a monumental shift in county politics” and created renewed emphasis on criminal justice reform now championed by other Democratic officials and Ogg’s opponents.

In the March 3 primaries, Ogg, Bennett, Sheriff Ed Gonzalez and County Attorney Vince Ryan — all Democrats — face at least two intra-party opponents each, while Democratic Commissioner Rodney Ellis has a primary challenger in former state district judge Maria Jackson.

Excluding state district and county courts, 10 of 14 Harris County Democratic incumbents have at least one primary foe. In comparison, three of the seven county GOP incumbents — Justice of the Peace Russ Ridgway, Precinct 4 Constable Mark Herman and education department trustee Don Sumners — have drawn primary challengers.

At the state level, Republicans from the Harris County delegation largely have evaded primary opponents better than Democrats. All but three GOP state representatives — Dan Huberty, Briscoe Cain and Dennis Paul — are unopposed.

On the Democratic side, state Sen. Borris Miles and state Reps. Alma Allen, Jarvis Johnson, Senfronia Thompson, Harold Dutton, Shawn Thierry and Garnet Coleman each have primary opponents.

Overall, the 34 Democratic incumbents seeking re-election to federal, state and county seats that cover at least a portion of Harris County — not including state district and county courts — face 43 primary opponents. The 22 Republican incumbents have 10 intra-party challengers.

It should be noted that a few of these races always draw a crowd. Constable Precincts 1, 2, 3, and 6 combined for 22 candidates in 2012, 21 candidates in 2016, and 17 this year. Three of the four countywide incumbents – DA Kim Ogg, Sheriff Ed Gonzalez, and Tax Assessor Ann Harris Bennett – are in their first term, as is County Commissioner Rodney Ellis. There are fewer Republican incumbents to target, so Dem incumbents get to feel the heat. The bigger tell to me is that Republicans didn’t field candidates in nine District Court races. As I’ve said ad nauseum, it’s the judicial races that are the best indicator of partisan strength in a given locale.

The story also notes that the usual ideological holy war in HD134 is on hold this year – Greg Abbott has endorsed Sarah Davis instead of trying to primary her out, and there’s no Joe Straus to kick around. Republicans do have some big races of their own – CD07, CD22, HD26, HD132, HD138, County Commissioner Precinct 3 – but at the countywide level it’s kind of a snoozefest. Honestly, I’d have to look up who most of their candidates are, their names just haven’t registered with me. I can’t wait to see what the finance reports have to say. The basic point here is that we’re in a new normal. I think that’s right, and I think we’ll see more of the same in 2022. Get used to it.

After-deadline filing review: Houston area

There’s a lot to digest following Monday’s filing deadline, and as I’ve said I’m going to take some time and go over it in as much obsessive detail as you’ve probably come to expect from me. As a reminder, the filing info can be found here, with the caveat that it may not be fully complete. Only two Dem filers in CD03 are listed, for example, while the not-listed Tanner Do sure seems to have filed. This will all get fixed over the next couple of days, but let’s do keep that in mind.

Congress: Sima Ladjevardian’s entry into the CD02 primary was the main news here. She doesn’t have much online presence as a candidate yet, just a Twitter account with three tweets. I hope to have the chance to interview her, and if I do I’ll ask about this, but I get the sense this wasn’t just a late filing, but a late decision to run. That process is always fascinating to me. Anyone who runs against Dan Crenshaw is going to have to raise a lot of money, because he has a lot of money. She strikes me as the kind of candidate who is capable of that, which makes me wonder why not get started sooner? I understand, people have their own reasons for that, I’m just curious. She has three weeks till the next reporting deadline, we’ll see how she does.

Elsewhere, CD10 stayed at three candidates but CD22 now has five, as Chris Fernandez (mentioned in passing in this story and someone named Carmine Petricco whom neither Google nor Facebook can find entered. CD08 has two candidates, Laura Jones, who we knew about a month ago, and Elizabeth Hernandez, whom I cannot identify. If you know anything about any of these folks, please leave a comment.

As noted before, Rep. Al Green has an opponent in CD09, and Sheila Jackson Lee has six – count ’em, six – opponents in CD18. Three of them – Marc Flores, Bimal Patel, and Stevens Orozco – have been around campaigning for awhile, the other three are more recent entrants. And while it’s not a contested primary, I feel compelled to note that Rashad Lewis, who became the youngest person elected to Jasper City Council as a write-in candidate in 2017, then ran for Mayor earlier this year but fell short, is in for CD36. I’m going to want to interview him for November.

Legislative: SBOE6 has three candidates as before; I’ll be publishing interviews with them next week. In the Senate, as noted before Sen. Borris Miles has two opponents in SD13. Former Galveston judge Susan Criss and 2018 CD22 primary candidate Margarita Ruiz Johnson are competing in SD11. Carol Alvarado has SD06 to herself, while Jay Stittleburg (SD04) and Michael Antalan have clear paths to November.

The big news for the State House is that the HD148 primary is now a five candidate race: Anna Eastman, Penny Shaw, Emily Wolf, Adrian P. Garcia, and Cynthia Reyes-Revilla. Garcia was in the HD148 special election, and Reyes-Revilla finished out of the money in District H. I think it’s safe to say there will be a runoff in the primary, as there was in the special election. HD126 is a rerun from 2018, as Undrai Fizer and Natali Hurtado square off again. HD128, which was uncontested in 2018 (and is the reddest district in the county) has Josh Markle, who recently got a boost from Beto, and Mary E. Williams, whom I cannot find. HD134 has the three candidates you know, and HD138 has the two you know plus a repeat engagement from Jenifer Pool. HD129 (Kayla Alix), HD130 (Bryan Henry), HD133 (Sandra Moore, who ran in the 2018 primary), and HD150 (Michael Robert Walsh, whom I cannot conclusively identify) are all uncontested for March.

Among the Harris County incumbents, Reps. Alma Allen (HD131) and Harold Dutton (HD142) have four challengers, with CM Jerry Davis in HD142 being the biggest threat to either of them. Reps. Garnet Coleman (HD147) and Hubert Vo (HD149) each have two opponents, Reps. Jarvis Johnson, Senfronia Thompson, and Shawn Thierry have one, and Reps. Gina Calanni, Jon Rosenthal, Gene Wu, Armando Walle, Ana Hernandez, Mary Ann Perez, and Christina Morales are unopposed. Thierry’s opponent, as noted before, is Ashton Woods, who had run in At Large #5.

Elsewhere, Rep. Ron Reynolds (HD27) did pick up a primary opponent. I’ve been hard on Reynolds since his misdemeanor conviction, and I stand by everything I said. He’s now served his sentence, and I’m not aware of any further legal issues. I’m not quite ready yet, but assuming nothing else happens we are going to need to consider extending him the same grace we’re willing to give others who have served their sentences and deserve a clean slate, at least as far as voting and holding office is concerned. The infamously now-open HD26 has the four candidates we already knew of. Eliz Markowitz remains the candidate in HD28, and there are solo Dems running in HD03 (Martin Shupp), HD15 (Lorena McGill, the 2018 candidate), HD23 (Jeff Antonelli), HD24 (former Chron reporter Brian Rogers), HD25 (Patrick Henry), HD29 (Travis Boldt), and HD85 (Friend-of-Dos-Centavos Joey Cardenas).

Harris County: The main races – DA, County Attorney, Sheriff, Tax Assessor – you know about and nothing new has happened. There’s plenty of action in the two HCDE At Large races – Position 5 now has two candidates (Erica Davis, Paul Ovalle) and Position 7 has four (David Brown and Andrea Duhon, the two we knew about originally, and Bill Morris and Obes Nwabara). Also, too, I have not seen anything to indicate that Josh Flynn has resigned his spot as he runs for HD138 on the GOP side, so there’s that. Willie D is now listed in the primary for Commissioners Court Precinct 1, which doesn’t make sense but maybe something changed. If so, that’s a three-candidate race. There are six candidates for Precinct 3, the four you’ve heard of (Michael Moore, Diana Alexander, Kristi Thibaut, Morris Overstreet) and two you haven’t (Zaher Eisa and Erik Hassan, who is now calling himself Erik “Beto” Hassan, which, no). Alan Rosen did indeed file for Constable in Precinct 1.

That’s all I have the energy for now. I’ll keep going with this tomorrow.

Filing period preview: SBOE, Senate, House

Previously: Congress, and Statewide. As before, I am using the Patrick Svitek spreadsheet as my primary reference.

Buckle up, there’s a lot to talk about here. I’m going to limit my discussion of State House races to the greater Houston area.

SBOE: There are three SBOE seats on the ballot that were carried by Beto in 2018. Winning all three would give Democrats am 8-7 majority on this famously flaky board. One of these seats in within Harris County, and that’s SBOE6, where Michelle Palmer and Debra Kerner have been in for some time.

State Senate: Unlike 2018, there’s really only one competitive district on the ballot, and that’s SD19, the seat Dems fumbled away in the special election. State Rep. Roland Gutierrez and Xochil Peña Rodriguez, daughter of former Rep. Ciro Rodriguez, are in. Despite the self-own in 2018, the district is basically 55-45 Dem, with a bit of variance on either end. Beto took it by 15 points, but even Lupe Valdez cleared fifty percent. A return to normal partisan behavior should make Pete Flores a temporary Senator.

Democratic incumbents Carol Alvarado (SD06) and Borris Miles (SD13) do not have primary opponents as yet. I tend to think someone will run against Miles after those harassment allegations against him were reported, but if so it will likely be a newcomer. One other Dem who both needs and has primary opponents is Eddie Lucio; I discussed Ruben Cortez and Sara Stapleton-Barrera, his known opponents, here. SD29 in El Paso is open following the retirement of Jose Rodriguez, with State Rep. Cesar Blanco the only contender to succeed him so far.

The two Republican-held seats in the Houston area have Dem challengers. For SD04, mostly in Montgomery County, there’s Jay Stittleburg, who ran for Montgomery County Judge in 2018. Griffin Winkworth is listed in the spreadsheet as having filed a designation of Treasurer. SD11 has two contenders: Margarita Ruiz Johnson, who was a candidate for CD22 in 2018 but did not advance to the runoff, and Susan Criss, former District Court judge in Galveston County and candidate for HD23 in 2014. Neither district is particularly competitive – Beto got 41.5% in SD11, but most Republicans carried it by 20 or more.

State House: Let’s start with the districts that don’t have Dem challengers yet. As noted, this is limited to the greater Houston area. You can peruse the spreadsheet at your leisure for other districts.

HD03 (Montgomery/Waller)
HD15 (Montgomery)
HD16 (Montgomery)
HD18 (Liberty)
HD23 (Galveston)
HD24 (Galveston)
HD29 (Brazoria)
HD85 (Fort Bend/Wharton/Jackson)
HD127 (Harris)
HD129 (Harris)
HD133 (Harris)
HD150 (Harris)

HDs 29 (which originally had a Dem who later withdrew) and 127 were the only ones in 2018 that went unchallenged. HD29 in particular is a district of interest, as it was a 47% Beto district in 2018.

Now for Republican-held districts that do have Dem challengers, at least according to the spreadsheet.

HD25 (Brazoria, the now-open Dennis Bonnen seat) – Someone named J. Patrick Henry, whom I cannot conclusively identify.
HD26 (Fort Bend) – Sarah DeMerchant, the 2018 candidate; Rish Oberoi; Suleman Lalani.
HD28 (Fort Bend) – We all know about Eliz Markowitz, right?
HD126 (Harris) – Natali Hurtado, the 2018 candidate.
HD128 (Harris) – Josh Markle, who got a nice fundraising boost from Beto after his little tiff with incumbent Briscoe Cain over automatic weapons.
HD130 (Harris) – Bryan Henry.
HD134 (Harris) – Ann Johnson, the 2012 candidate; Ruby Powers; Lanny Bose, the most recent entrant.
HD138 (Harris) – Akilah Bacy; Josh Wallenstein, who was a candidate in the primary for HCDE at large in 2018.

Two Democratic incumbents so far have primary opponents, Alma Allen in HD131 (Carey Lashley) and Garnet Coleman in HD147 (Aurelia Wagner). Both always seem to draw primary opponents, for whatever the reason. Ron Reynolds in HD26 usually draws one as well, for reasons that are more clear. I note that the spreadsheet lists Richard Bonton as a Republican opponent for Harold Dutton in HD142. Bonton ran against Dutton in the Dem primary in 2018.

We can’t end this conversation without bringing up HD148. I fully expect Anna Eastman to win the special election runoff, which is most likely be on December 14, the same day as the city of Houston runoffs. It doesn’t have to be on the 14th – Greg Abbott sets the runoff date, and he has some discretion. The last time we had a special election for a State Rep seat in an odd year was 2005 with the election in HD143, and that runoff was held on the same date as the city runoffs. Not a guarantee, but a data point. In any event, whatever happens in that race, there’s no reason to believe that some other candidates won’t file for the primary in HD148 as well. Any of the runners up may conclude that this was a wonky election, and that maybe they lost some votes to not-that-Adrian-Garcia. For sure, the primary will have a very different electorate, and Anna Eastman will not be very well known to them. I will be a little surprised if Eastman has the primary to herself.

Last but not least in this series: county races. I don’t get to lean on the spreadsheet for that one.

Who cares about new mothers?

Not the Lege.

The new mothers contracted infections. They overdosed on drugs. Their hearts failed. They committed suicide.

The women died in different ways, but all perished within a year of giving birth. Rising rates of maternal mortality spurred Texas leaders in 2017 to reauthorize a special task force to study the deaths and figure out what to do.

But at the end of this year’s legislative session, public health advocates are frustrated that lawmakers left Austin without adopting the task force’s top recommendation: giving women access to health care for a full year after they give birth.

The Legislature agreed to spend $15 million over the next two years on postpartum depression and substance abuse treatment for some low-income women. But a far more sweeping and higher cost plan to expand Medicaid coverage for all eligible new mothers failed, despite having support from Republicans and Democrats.

“We’re disappointed state leaders basically ignored the needs of uninsured moms and uninsured low wage workers this session, by not taking action on bills to extend postpartum coverage,” said Adriana Kohler, a senior health policy associate for the Austin-based advocacy group Texans Care for Children.

[…]

The funding, however, will likely cover only some of the roughly 136,000 pregnant women on Medicaid in any given month. And pregnant women who relied on Medicaid for their diabetes medication or other prescription drugs could still lose those benefits in the transition, some public health advocates said.

Other bills filed by Republicans and Democrats to expand the state’s Medicaid coverage for new mothers from two to 12 months, post delivery failed. The change would have cost the state upwards of $75 million a year, according to a fiscal note. The legislation passed the House, but died after not receiving a public hearing in the Senate.

Rep. Garnet Coleman, D-Houston, chalked it up to politics. “Republicans don’t want to be viewed as expanding Medicaid,” he said.

Just as a reminder, Greg Abbott made a last-minute attempt to put an extra $100 million into the budget for “border security”. The budget as adopted is spending over $5 billion to buy down property taxes. The Lege passed a tax cut on yacht sales, which won’t actually cost that much money but is still a tax cut on yacht sales. My point here is that this was not a decision based on a lack of available funds. It was a failure to act because the Republican leadership had no interest in doing it, for the reason Rep. Coleman cites. It was a choice they made, one that reflected their values. Keep that in mind when you hear the usual blather about being “pro-life”.

The criteria for Harvey accountability waivers

Here they are.

Texas Education Commissioner Mike Morath on Wednesday released the criteria he will use to decide how to waive state ratings for schools affected by Hurricane Harvey, more than nine months after it made landfall.

Schools impacted by Harvey that are set to receive failing state ratings this year, based largely on standardized tests, will instead get a waiver or a “not rated” label — if they meet Morath’s criteria. But school administrators have repeatedly asked Morath to waive state ratings for all schools in the disaster area, instead of just the percentage that meet his criteria, arguing the mental health and academic impacts of the storm apply to all students and teachers in the region.

According to the released rules, schools must meet at least one of the following criteria to be considered for a waiver:

  • The school reported 10 percent or more of its enrolled students were displaced or homeless due to Hurricane Harvey.
  • The school reported 10 percent or more of its teachers were homeless due to the hurricane.
  • The school was closed for 10 or more class days post-Harvey.
  • The school had to hold classes in a different location or share a campus, at least through winter break, due to hurricane-related damages.

If all schools in a district qualify for a waiver, the entire district will also get a waiver from state ratings this year unless they receive the top rating. Districts will also receive waivers if 10 percent or more of their student body is enrolled in a school that received a waiver.

So what does that mean for HISD?

About 1,200 Texas schools affected by Hurricane Harvey, including hundreds throughout the Houston area, won’t be punished for low academic performance this year as a result of the storm’s devastation, Education Commissioner Mike Morath said Wednesday.

The list of campuses, however, does not include four of the 10 Houston ISD schools that could trigger major state sanctions this year. If all four of those campuses — Mading and Wesley elementary schools, Woodson PK-8 and Worthing High School — do not meet state academic standards in August, the Texas Education Agency must replace HISD’s locally elected school board or close failing campuses. Woodson and Worthing are considered among the least likely of the 10 to meet state standards.

[…]

In an interview, Morath said the 10-day cutoff mirrored the threshold set for accountability waivers after Hurricane Ike in 2008. This time, however, Morath added the three additional criteria based on feedback from education leaders and availability of data.

“I think that given the totality of the impact of the storm, we had to set a threshold that was fairly low in terms of the degree of impact,” Morath said.

Seven of the region’s 20 largest school districts were closed for at least 10 instructional days, ensuring district-wide waivers. However, most districts were closed for seven to nine instructional days.

A few districts staggered their return dates. As a result, some campuses in a district will meet the 10-day threshold, while others will not.

In Houston ISD, for example, about 240 campuses missed nine instructional days, while 40 others missed 10 or more. Morath said he expects nearly 150 of those 240 campuses will still receive waivers because they meet other criteria.

Morath said some campuses in hard-hit districts “were just not affected by the storm” and “did not warrant getting any special storm-related adjusted accountability.”

Regarding the long-struggling HISD schools subject to sanctions, Morath said: “The attention that’s given to these 10 campuses in HISD has little to do with activities specific to this year. Each of those campuses has failed to meet academic standards for four years in a row, and at least one of them eight years in a row. We’re talking about, in some cases, a generation of students.”

HISD leaders, who have lobbied for district-wide accountability waivers, were magnanimous in comments Wednesday about Morath’s decision, even as most of the district’s schools fell just a single instructional day short of receiving an automatic break.

Using a ten-missed-days criterion instead of nine seems a bit arbitrary to me – as I recall, one of the weeks in which schools were closed included Labor Day, so there would have been a tenth day of cancellations were it not for that. What happens next, I don’t know. Rep. Garnet Coleman released a statement expressing surprise at the announcement and a promise to “vigorously analyze” it. He also encouraged the four schools to apply for waivers individually. So who knows, there’s still some doubt about where we go from here. And if the TEA does take action, I agree with Mayor Turner, who said they will own the results. Whatever they choose, I hope they know what they’re doing.

HISD hoping for Harvey waiver

That’s what it would take to avoid TEA sanctions this year.

Houston ISD’s 10 longest-struggling schools likely would not trigger major state sanctions this year if they all receive academic accountability waivers due to Hurricane Harvey, Texas Education Commissioner Mike Morath said Wednesday.

However, the district still would face punishment — either campus closures or a state takeover of the district’s locally elected school board — if Morath opts against accountability waivers for the schools and a single one fails to meet state academic standards.

The commissioner’s comments, made during a wide-ranging interview with the Houston Chronicle editorial board, answered several questions about the potential penalties facing Texas’ largest district, which must boost performance at its campuses to avoid unprecedented state intervention.

[…]

A decision on Harvey waivers is expected in June. All 10 of the schools were closed for 10 or 11 days following Harvey, with none sustaining catastrophic damage.

Morath repeatedly cautioned that no final decisions have been made about Harvey-related waivers or potential sanctions. However, if any of the 10 schools trigger the state law this year, Morath said he does not believe he has the legal authority to give HISD a break, as some Houston-area leaders have requested.

“Short version: I’m a constitutionally sworn officer, so, no,” Morath said. “I do what the law tells me.”

Morath said Texas Education Agency officials continue to collect and analyze data that will help decide which schools will receive Harvey-related accountability waivers. He expects the agency will analyze several campus-level factors — including days of instruction missed, students displaced and teachers left homeless — as they set criteria for issuing waivers. Some of those data points have been collected on a weekly basis, Morath said.

“Our team is trying to figure out whether or not the rules should be entirely consistent with (Hurricane) Ike or slightly more generous,” Morath said. “I think I’m currently leaning toward a slightly more generous framework than the prior systems, where it’s not just dates closed, but also student and staff displacement as a factor.”

Following Hurricane Ike in 2008, any school or district closed for at least 10 instructional days due to the storm received a “not rated” grade, unless its rating improved from the previous year.

See here for the last update. I’ve long maintained that all districts affected by Harvey deserve a one-year exemption from state accountability standards, and I remain hopeful that this will happen. Commissioner Morath is taking the question seriously, which I appreciate. We’ll know when he’s ready to tell us. A statement from Rep. Garnet Coleman, who is among the leaders that have been advocating for this, is here.

What might the TEA do with HISD?

They have some options, the best of which is probably to put the decision off for a year.

A.J. Crabill knows what it’s like to close schools.

In 2010, Crabill, then a 30-year-old member of the Kansas City, Missouri, school board, cast a deciding vote to shutter nearly half of the district’s schools, devastating some members of the community.

Eight years later, Crabill is the deputy commissioner of governance for the Texas Education Agency, and he and his boss, Texas Education Commissioner Mike Morath, likely will face a similar quandary with Houston ISD. A new state law is expected to force the agency to shut down several chronically underperforming schools or replace the district’s locally elected school board — with either choice inciting anger across Houston.

“The question becomes: Which actions can be least disruptive to students? And which actions can create the most benefits for students?” Crabill told a Houston gathering last month. “To be clear, there are only hard choices that are left on the table.”

[…]

Some advocates who oppose charter schools and conservative-aligned education policies also have expressed dismay that Morath, who was appointed by Republican Gov. Greg Abbott, would have authority to make major decisions impacting HISD.

In addition, several HISD trustees have argued that the district is making progress at its lowest-performing schools, citing its Achieve 180 plans that pump hundreds of thousands of dollars into each campus.

To date, TEA leaders have been relatively tight-lipped about what they will choose for HISD if the district becomes subject to sanctions this year. However, a review of recent TEA actions, comments by Crabill and statements by local leaders shed light on how the coming months could play out.

Crabill, Morath’s top liaison in dealing with HISD the past few months, hinted at last month’s community meeting that school closures are not the best option for solving academic issues. Crabill said he had visited some of the 10 low-performing schools — all of which serve predominately black and Hispanic students in high-poverty neighborhoods — and found their struggles were not due to staff efforts.

“We have to look beyond state-mandated closure as a panacea in this particular instance,” Crabill said. “I don’t say that out of an unwillingness to use that as an option. I say that from someone who’s gone to the campuses and doesn’t see that it actually moves the ball forward for those students.”

[…]

Across the country, states have sought to get more involved in large, urban districts facing serious academic and financial issues. Gary Ritter, a professor of education policy at the University of Arkansas who has analyzed state takeover efforts, said intervention sometimes helps steady troubled districts, but there’s “not much evidence that, systematically, this can lead to clear academic benefits.” He also noted Houston is unique from other districts nationwide because only 10 of its 284 schools have been labeled chronically underperforming.

“That certainly seems like an unhelpful wrinkle in the takeover” threat in Houston, Ritter said. “For the most part, in places like Baltimore, Detroit, Newark, Cleveland (and) Philadelphia, they were done when the school district had been showing either poor performance or financial troubles for several years in a row.”

For that reason, state Rep. Garnet Coleman, D-Houston, wants to see Morath show leniency to HISD. Coleman, whose district includes two of the 10 schools, said HB1842 carries a penalty that is “not appropriate to the circumstance.”

Coleman said he plans to introduce a bill during the 2019 legislative session that would change or repeal the sanctions listed under HB1842, which passed with 85 percent support in the Legislature. He said he believes many lawmakers were not aware of the implications of the bill when it passed.

I think between Harvey, the fact that the schools in question are a tiny part of HISD, the lack of clarity over the intent of the law, and the TEA-approved improvement plan for the ten schools, the case for deferring the decision for a year is compelling. I’d also note that a majority of the HISD Board is new since December of 2016 – Santos, Lira, Deigaard, Sung, Vilaseca – so you can plausibly argue that they should be given a chance to get things fixed before the state comes in and installs a new group of trustees. I’ve also noted before that we now have an all-Democratic board, which may work against them politically when the chips are down. Last week’s chaos, between the seemingly unvetted charter plan and the melee at the Wednesday meeting followed by the vote to do nothing, didn’t do them any favors, either. I hope the schools show enough improvement to satisfy the TEA that things are at least on track, and I hope the TEA is in no rush to do anything drastic.

Endorsement watch: A veritable plethora, part 4

Part 1 is here, part 2 is here, part 3 is here, and the full endorsements page is here. I had thought this would finish up all the races of interest for us, but then I decided the Republican races were sufficiently interesting as well, so I’ll do those tomorrow.

CD18: Sheila Jackson Lee

Rep. Sheila Jackson Lee

Sheila Jackson Lee is so deeply entrenched in her congressional seat, knocking her off her throne is pretty close to mission impossible.

She won her post 24 years ago after downtown power brokers — notably Enron CEO Ken Lay — abandoned then-congressman Craig Washington over his opposition to NAFTA and the space station. Since then Jackson Lee has become legendary for her aggressive self-promotion, whether it’s speaking at Michael Jackson’s funeral or planting herself on the aisle before State of the Union speeches to get her picture on television shaking the president’s hand.

But even Democratic politicos who joke about her insatiable appetite for camera time have come to respect Jackson Lee as a hardworking voice for progressive causes. With almost a quarter-century of seniority, she now serves on the House Judiciary, Homeland Security and Budget committees. She likes to brag about her role in securing federal funds for a wide range of needs — from education to veteran services — for constituents in her district.

As you know, I agree. Nothing to see here, let’s move on.

SBOE4: Lawrence Allen

Lawrence Allen, Jr. who was first elected to the board in 2004, has been a principal, assistant principal and teacher across town and is now community liaison at Houston Independent School District. He holds a bachelor’s and two master’s degrees from Prairie View A&M University. As the senior Democrat on the board, Allen, 56, says that he sets the tone for his fellow Democrats about how to approach an issue in a professional way that’s not cantankerous. His collaborative style has been useful in steering this board away from the shores of political controversy and toward fact-based governance.

Since Allen has been on the Board for more than a decade, some could argue that it’s time for a change. However, Allen’s opponent, Steven A. Chambers, is not the person that voters should turn to as his replacement. Chambers, a pastor and educator, told the editorial board that he believes creationism should be taught as an option alongside evolution in Texas schools. After years of struggles with religious fundamentalists, the board has finally started embracing science standards and rejecting dogma. Electing Chambers to the board would risk reigniting this debate and undo the progress made by the board.

This isn’t my district, but I’ll sign on to that. Say No to creationism, always and in every form.

SD15: John Whitmire

Sen. John Whitmire

Long-time State Senator John Whitmire, 68, is facing two talented challengers in the March 6 Democratic primary, but we endorse him for re-election because his experience and political skills will be needed as recovery from Hurricane Harvey continues.

State storm aid has been hard enough to come by even with him in Austin. We can only imagine how it would be without him and his 44 years in the state legislature, the last 35 in the Senate.

He is the dean of that body, has a deep knowledge of how it works and a rare ability in these polarized times to bridge political differences to get things done.

[…]

Of his two opponents, we were particularly impressed by Damian Lacroix, 43, a lawyer who offers a vision of a Texas Democratic Party that fights for its ideals and tries to heighten the contrast with Republicans rather than working behind the scenes for smaller and smaller gains.

“Being a state senator is more than just passing legislation and regulation,” Lacroix told the editorial board. “It is also being able to galvanize people and getting a message out to people, bringing them into the fold.”

There’s something to what LaCroix says, but especially when you’re in the minority you need some of each type. Whitmire’s the best we’ve got at the first type. There are more appealing options elsewhere in the Senate to add to the LaCroix type.

HD147: Garnet Coleman

Rep. Garnet Coleman

After 27 years on the job, state Rep. Garnet F. Coleman, 56, knows his way around the Texas Legislature about as well as anybody there and better than most. He’s a liberal Democrat in a sea of conservative Republicans who manages to get a surprising number of things done.

“Some people know how to kill bills, some people know how to pass bills. I know how to do both,” he told the editorial board.

[…]

Coleman has a long history of working on issues of mental and physical health and of seeking funds for the University of Houston and Texas Southern University, both in his district, which extends from downtown southeast past Hobby Airport.

He also says the state needs a revolving fund like the water development fund that local governments can tap into for flood control projects.

It was an oversight on my part to not include Rep. Coleman on the list of people I endorse. He’s one of the best and he deserves our support.

HD146: Shawn Thierry

Rep. Shawn Thierry

Freshman state Rep. Shawn Nicole Thierry, a 47-year-old attorney, showed a lot of promise in her first session of the Texas Legislature last year as she learned the ropes of being a Democratic legislator in a heavily Republican body.

She was successful enough to get six bills through the House of Representatives — not bad for a rookie legislator — and worked with Republican state Senator Lois Kolkhorst to pass a bill in the special session that extended the Task Force on Maternal Mortality and Morbidity.

The task force, which is studying our state’s Third Worldish maternal mortality rate and what to do about it, was scheduled to end next September, but now will continue until 2023.

Thierry has learned the importance of the personal touch in legislating – it was her letter to Gov. Greg Abbott that convinced him to include the task force issue in the special session.

As noted, Rep. Thierry was selected by precinct chairs as the substitute nominee for HD146 in 2016 after Borris Miles moved up to the Senate to succeed Rodney Ellis. She wasn’t my first choice for the seat – I’d have voted for Erica Lee Carter if I’d been one of the chairs who got to vote – but I agree that she’s done a good job and deserves another term. And with all due respect to her two male opponents, the Lege needs more women, not fewer.

HD142: Harold Dutton

Rep. Harold Dutton

State Rep. Harold V. Dutton, Jr. has served as representative for District 142 since 1985 and we see no compelling reason to lose his seniority and its advantages at a time when Democrats need all the help they can get.

The 73-year-old attorney has been a loyal fighter for his heavily black and Hispanic district that starts in the Fifth Ward and goes east then north to 1960. In last year’s legislative session he authored 106 bills, a big part of them having to do with criminal justice.

He cites improvements to the Fifth Ward’s Hester House community center as his proudest achievement, but he also passed laws that restored the right to vote to ex-felons, effectively stopped red-lining by insurance companies and protected home-buyers from fraud in the use of contracts for deeds. He is involved in efforts to improve struggling district high schools Kashmere, Worthing and Wheatley.

He is also responsible for the state bill under which the Texas Education Agency is threatening to shutter those schools. That might make him vulnerable to a strong challenger.

Rep. Dutton is definitely getting dragged on social media over his authorship of that bill, and also over some nasty remarks he’s directed at Durrel Douglas, who’s been among those fighting to save the mostly black schools that are at risk. His opponent isn’t particularly compelling, but he could be vulnerable going forward. I don’t have a dog in this fight – like most veteran legislators, Dutton has some good and some not-so-good in his record, but his seniority gives him a fair amount of clout. I expect him to win, but this is a race worth watching.

HD139: Jarvis Johnson

Rep. Jarvis Johnson

State Rep. Jarvis Johnson is being challenged by former Lone Star College board chairman Randy Bates in the largely black and Hispanic District 139 on the city’s near northwest side.

He served three terms on the Houston City Council before winning his first term in the Texas House in 2016, succeeding Sylvester Turner who left to run for mayor.

Johnson, 46, is a strong supporter of vocational education, proposes that police officers be required to get psychological exams every two years, holds job fairs in the district and wants to prevent gentrification of historic neighborhoods such as Acres Homes.

Bates, 68, was on the Lone Star board for 21 years, seven of those as chairman, and the main building on its Victory Center campus is named for him. He’s an attorney who heads Bates and Coleman law firm.

He ran for the state seat in 2016 and is running again because he said people in the community complained that Johnson “is not doing enough for our district.”

We have a lot of respect for the work Bates did on the Lone Star board, but he didn’t give us a compelling reason to support him over Johnson.

This is almost certainly the best chance to defeat Rep. Johnson, who doesn’t get the seniority argument that most of the other incumbents listed above have. He didn’t do much as a freshman, but that’s hardly unusual for a member of the minority caucus. I don’t have a strong opinion about this one.

HD27: Wilvin Carter

Four-term incumbent state Rep. Ron Reynolds is running for re-election despite the fact that he may be facing a year in jail for his conviction in 2016 for five cases of misdemeanor barratry, also known as ambulance chasing for his law practice.

He’s being challenged in his Fort Bend district by another lawyer, Wilvin Carter, a former assistant attorney general and Fort Bend County assistant district attorney. The district includes Sienna Plantation, Stafford and most of Missouri City. No Republicans are running for this seat so this Democratic primary essentially serves as the general election for District 27.

[…]

The unfortunate thing about Reynolds is that he is has a strong record for supporting environmental protection and gay rights, but with the possible jail sentence hanging over his head it’s hard to support him. He is a lawmaker who has been convicted of breaking the law, which is a breech of trust. Also, practically speaking, how much can he do for his constituents if he’s behind bars?

Voters should support Carter instead.

Reynolds is good on reproductive choice and a whole host of other issues as well. The Chron has endorsed Reynolds’ opponents in recent years due to his legal troubles and they have been pretty harsh about it, but here they recognize the dilemma. Reynolds’ voting record and personal charm have helped him maintain support, and I would bet on him being re-elected. I continue to hope he will step down and get his life straightened out, but that doesn’t appear to be in the cards.

January 2018 finance reports: Harris County legislative candidates

We’ve looked at Congressional fundraising, now let’s look at some local legislative races.

Fran Watson – SD17
Rita Lucido – SD17
Ahmad Hassan – SD17

Natali Hurtado – HD126
Undrai Fizer – HD126

Gina Calanni – HD132
Carlos Pena – HD132

Marty Schexnayder – HD133
Sandra Moore – HD133

Allison Sawyer – HD134
Lloyd Oliver – HD134

Adam Milasincic – HD138
Jenifer Pool – HD138

Randy Bates – HD139
Jarvis Johnson – HD139

Richard Bonton – HD142
Harold Dutton – HD142

Shawn Thierry – HD146
Roy Owens – HD146
Ricardo Soliz – HD146

Garnet Coleman – HD147
Daniel Espinoza – HD147 – No report found

Here are the totals:


Candidate       Office    Raised      Spent     Loan    On Hand
===============================================================
Watson            SD17    24,212      9,773        0      6,968
Lucido            SD17    10,826      7,456    3,000     10,868
Hassan            SD17       775      1,845        0          0

Hurtado          HD126     2,250        978        0        750
Fizer            HD126       800          0        0        450

Calanni          HD132        10        750        0         10
Pena             HD132         0          0        0          0

Schexnayder      HD133     6,330      3,744        0      3,332
Moore            HD133       650        939        0        362
Other guy        HD133

Sawyer           HD134     7,493     11,160        0     16,355
Oliver           HD134         0        750        0          0

Milasincic       HD138    64,071     11,816        0     54,577
Pool             HD138     1,000        623        0        346

Bates            HD139    39,730     17,720        0     27,178
Johnson          HD139     8,014      8,299   15,174     18,562

Bonton           HD142     3,000     24,203        0      1,538
Dutton           HD142    22,000     48,112        0     61,677

Thierry          HD146    31,200     19,270   20,650     10,629
Owens            HD146         0      4,278        0        550
Soliz            HD146         0          0        0          0

Coleman          HD147    43,433     51,012        0    333,602
Espinoza         HD147

A lot less money here than in the Congressional races, that’s for sure. Some of that is because many of these candidates didn’t get into the race until December. Adam Milasincic, who has raised the most, has also been running for the longest, at least among the candidates in Republican districts. As it happens, thanks to the compressed primary schedule, the 30 day reports are already up – the reports I’ve linked and figures I’ve posted are all January reports, which run through the end of 2017. The 30-day reports cover roughly the five weeks after that. I may add them to the 2018 Legislative page, but I doubt I’ll do another one of these till the July reports are up. Point being, there’s more recent data if you want to find it.

The bottom line is that while we’ve done a great job funding our Congressional challengers, there’s work to be done at this level. As I said, many of our candidates were late getting in, so the picture may be different elsewhere in the state. I’ll repeat my call from the previous post for Congressional candidates who don’t make it to the runoff to consider sharing the wealth down the ballot. Be that as it may, the well is more than deep enough to support all of our standard-bearers. We just need to do it. I’ll have more from other races soon.

The women challenging Democratic men

One more point of interest from The Cut:

And Democratic women aren’t leaving the men of their own party undisturbed. In Minnesota, former FBI analyst Leah Phifer is challenging incumbent Democratic representative Rick Nolan; Sameena Mustafa, a tenant advocate and founder of the comedy troupe Simmer Brown, is primarying Democrat Mike Quigley in Illinois’s Fifth District. And Chelsea Manning, former Army intelligence analyst and whistle-blower, announced recently that she’s going after Ben Cardin, the 74-year-old who has held one of Maryland’s Senate seats for 11 years and served in the House for 20 years before that.

While the vision of women storming the ramparts of government is radical from one vantage point, from others it’s as American as the idea of representative democracy laid out by our forefathers (like Great-great-great-great-grandpa Frelinghuysen!). “Representative citizens coming from all parts of the nation, cobblers and farmers — that was what was intended by the founders,” says Marie Newman, a former small-business owner and anti-bullying advocate who is challenging Illinois Democrat Dan Lipinski in a primary. “You come to the House for a while and bring your ideas and then you probably go back to your life.” Not only has her opponent been in office for 13 years, Newman notes, but his father held the same seat for 20 years before that. “It’s a family that has reigned supreme, like a monarchy, for over 30 years,” she says.

In the wake of Donald Trump’s defeat of Hillary Clinton, Newman and the rest of this girl gang are eyeing the aging cast of men (and a few women) who’ve hogged the political stage forever and trying to replace them. Replacement. It’s an alluring concept, striking fear in the hearts of the guys who’ve been running the place — recall that the white supremacists in Charlottesville this summer chanted “You will not replace us” — and stirring hope in the rest of us that a redistribution of power might be possible.

So naturally that made me wonder about what the situation was in Texas. For Congress, there are eleven Democrats from Texas, nine men and two women. Two men are not running for re-election, and in each case the most likely successor is a woman. Of the seven men running for re-election, only one (Marc Veasey) has a primary opponent, another man. Both female members of Congress have primary opponents – Sheila Jackson Lee has a male challenger, Eddie Bernice Johnson has a man and a woman running against her. That woman is Barbara Mallory Caroway, who is on something like her third campaign against EBJ. Basically, nothing much of interest here.

Where it is interesting is at the legislative level. Here are all the Democratic incumbents who face primary challengers, sorted into appropriate groups.

Women challenging men:

HD31 (Rep. Ryan Guillen) – Ana Lisa Garza
HD100 (Rep. Eric Johnson) – Sandra Crenshaw
HD104 (Rep. Robert Alonzo) – Jessica Gonzalez
HD117 (Rep. Phillip Cortez) – Terisha DeDeaux

Guillen’s opponent Garza is a district court judge. He was one of the Dems who voted for the anti-gay marriage constitutional amendment back in 2005. I’d like to know both of their positions on LGBT equality. Speaking of which, Jessica Gonzalez is among the many LGBT candidates on the ballot this year. Note that Alonzo was on the right side of that vote in 2005, FWIW. Crenshaw appears to be a former member of Dallas City Council who ran for HD110 in 2014. There’s an interesting story to go along with that, which I’ll let you discover on your own. Cortez was first elected in 2012, winning the nomination over a candidate who had been backed by Annie’s List, and he drew some ire from female activists for some of his activity during that campaign. I have no idea how things stand with him today, but I figured I’d mention that bit of backstory.

And elsewhere…

Women challenging women:

HD75 (Rep. Mary Gonzalez) – MarySue Fernath

Men challenging men:

HD27 (Rep. Ron Reynolds) – Wilvin Carter
HD37 (Rep. Rene Oliveira) – Alex Dominguez and Arturo Alonzo
HD41 (Rep. Bobby Guerra) – Michael L. Pinkard, Jr
HD118 (Rep. Tomas Uresti) – Leo Pacheco
HD139 (Rep. Jarvis Johnson) – Randy Bates
HD142 (Rep. Harold Dutton) – Richard Bonton
HD147 (Rep. Garnet Coleman) – Daniel Espinoza

Men challenging women:

HD116 (Rep. Diana Arevalo) – Trey Martinez Fischer
HD124 (Rep. Ina Minjarez) – Robert Escobedo
HD146 (Rep. Shawn Thierry) – Roy Owens

Special case:

HD46 (Rep. Dawnna Dukes) – Five opponents

We know about Reps. Reynolds and Dukes. Bates and Owens represent rematches – Bates was in the 2016 primary, while Owens competed unsuccessfully in the precinct chair process for HD146, then ran as a write-in that November, getting a bit less than 3% of the vote. Alonzo and Bonton look like interesting candidates, but by far the hottest race here is in HD116, where TMF is seeking a return engagement to the Lege, and a lot of his former colleagues are there for him. I imagine things could be a bit awkward if Rep. Arevalo hangs on. Anyway, I don’t know that there are any lessons to be learned from this, I just wanted to document it.

Filing news: Lupe Valdez is in for Governor

Here she comes.

Sheriff Lupe Valdez

Dallas County Sheriff Lupe Valdez announced Wednesday morning that she is running for governor, giving Texas Democrats a serious candidate for the top job with five days until the candidate filing deadline for the 2018 primaries.

“Like so many hardworking Texans, I know it’s tough deciding between buying food, finding a decent place to live, and setting aside money for college tuition,” Valdez said in a statement before filing at the Texas Democratic Party headquarters in Austin. “Opportunity in Texas ought to be as big as this great state, but it is out of reach for far too many, that’s why I’m running for Texas Governor. I’m a proud Texas Democrat. I believe good government can make people’s lives better, and I intend to do just that.”

Until Wednesday, six little-known Democrats had filed to challenge Republican Gov. Greg Abbott, who is seeking a second term in 2018. Andrew White, the son of late Gov. Mark White, has been exploring a run for weeks and is set to announce his campaign Thursday in Houston.

Any Democrat running for governor faces a steep climb against Abbott, who easily defeated the party’s 2014 nominee, Wendy Davis, and has built a $40 million-plus war chest for re-election. Texas has not elected a Democrat to statewide office in over two decades.

Speaking with reporters after filing, Valdez said she was undaunted by the challenge, particularly when it comes to fundraising.

“I think we’re going to raise whatever money’s necessary. I don’t believe that we need 40, 60, 90, bazillion dollars,” Valdez said. “Abbott may have the money — we’re going to have the people.”

The Trib has video of Sheriff Valdez’s announcement here. As you know, she was said to be in, then confusion reigned, and after that settled down it was assumed that she was in fact in, and so here we are. I think it’s reasonable to tamp expectations down a bit about how much money one can raise – no one is going to out-money Greg Abbott unless they have their own nine-figure checkbook to play with – but people power hasn’t gotten us very far, either. Valdez, if she wins the primary (more on that in a minute), ought to draw a lot of earned media and should gin up a fair amount of excitement, both of which in turn should help her bring in some cash so she can establish name ID. Of course, all these things were also true of Wendy Davis at this time in 2013, so. We have a lot of evidence to suggest that this year is different in ways that benefit Democrats, but certain fundamental rules still apply.

Speaking of that primary:

With less than a week left in the filing period, six little-known Democrats have filed to challenge Republican Gov. Greg Abbott next year, with two more prominent names expected to enter the race by the Monday deadline: Dallas County Sheriff Lupe Valdez and Andrew White, the son of late Gov. Mark White. An eight-way primary could be the party’s most crowded nominating contest for governor since at least the 1980s.

While Valdez — the only current elected official among the eight candidates — would immediately secure frontrunner status if she runs, she faces no guarantee of the kind of cakewalk to her party’s nomination that former state Sen. Wendy Davis enjoyed in 2014. White, who is set to announce his campaign Thursday in Houston, has been laying the groundwork for a serious bid, while some of the other contenders have been campaigning for months.

“I think that if Sheriff Valdez runs and if Mr. White also announces, then I think that the two of them would likely be the higher-profile candidates in the primary, and I think that voters in the Democratic primary in 2018 will have a lot of choices,” said state Rep. Chris Turner, the Grand Prairie Democrat who chairs the party’s caucus in the House and served as Davis’ campaign manager. “I think that dynamic is good and hopefully makes for an interesting choice and conversations for Democrats in 2018 in the primary.”

“I expect we’ll have a competitive primary, and I think that’s a good thing — it’s healthy,” added Ed Espinoza, the executive director of Progress Texas, a liberal advocacy group.

I agree with that, and I look forward to it. I’m working on a post about the huge volume of contested primaries up and down the ballot, and I think this will help shape the narrative to start out the 2018 election. That said, Dems don’t have candidates for Comptroller and Land Commissioner as I write this, and the thought occurs to me that we could reasonably repurpose a couple of the candidates in this race for better use elsewhere. Andrew White would make a fine candidate for Comptroller, where his more conservative social views won’t really matter but his business background should be a plus. And if I could pick one person from this crop to spend the next year haranguing silver spoon lightweight George P. Bush, it would be Tom Wakely. Neither of these will happen, of course, and both gentlemen could no doubt give me many reasons why this is all wrong. Get me decent candidates for Comptroller and Land Commissioner and I promise to forget I ever brought this up. For more on the Valdez announcement, see WFAA, the Current, the Trib again, Burkablog, and the Chron.

Elsewhere, there were a couple of Congressional announcements as Chip Roy, a former chief of staff to Ted Cruz, announced his candidacy for CD21, and longtime WFAA reporter Brett Shipp entered the fray in CD32, running as a Dem, bumping the total number of candidates there to six.

There were no major announcements in Harris County, but as has been the case every day there has been a lot of activity on the Democratic side. While the HCDP has not been publishing a running list of candidates for all offices, it has been updating this list of judicial candidates. It’s a bit oddly sorted, but you can at least get a feel for who’s running for what. By my count, in the district, county, and appeals courts – i.e., everything but the JP courts – there are 19 competitive primaries so far.

In other races, Alison Sawyer officially filed in HD134, leaving HD135 as the only box that really needs to be checked. There are now contested primaries in HDs 126 (Natali Hurtado and Undrai Fizer), 133 (Martin Schexnayder, Sandra Moore, and the candidate whose name I won’t mention, for whom you most emphatically should not vote), 138 (Adam Milasincic and Jenifer Pool), 139 (Rep. Jarvis Johnson and Randy Bates), 140 (Rep. Armando Walle and Matthew Mendez), 146 (Rep. Shawn Thierry and Roy Owen), and 147 (Rep. Garnet Coleman and Daniel Espinoza). At the county level, the HCDE At Large Position 3 race is now contested as well, as Elvonte Patton joins Josh Wallenstein. Let’s just say that endorsing organizations are going to have their hands very, very full.

An incomplete filing update

First, a little Republican action in CD02.

Rep. Ted Poe

Hurricane Harvey is reshaping congressional campaigns in Houston.

When the flood waters socked the Meyerland area, it also washed out the home of former hospital CEO David Balat, a Republican, who was hoping to unseat fellow Republican and current U.S. Rep. John Culberson, R-Houston.

“Like so many people, we’re being forced to relocate because of Hurricane Harvey,” Balat said. “We’re having to start over.”

Balat is now in the market for a new home and he’s had to revise his political plans. He’s still running for Congress, Balat has amended his campaign paperwork with the Federal Election Commission and announced he is instead running for a different congressional district. Instead of Culberson’s 7th District – a mostly west Houston and western Harris County seat – Balat is now among a growing list of GOP candidates hoping to replace Rep. Ted Poe, R-Atascocita.

[…]

Last week, Rick Walker jumped into the race. The self-identified conservative Republican, said he will focus on more efficient government spending, smaller government and “cutting bureaucratic waste.” Walker, 38, is the CEO of GreenEfficient, a company that helps commercial businesses obtain Leadership in Energy and Environmental Design (LEED) certification.

Also, Texas Rep. Kevin Roberts, R-Houston, earlier this month filed papers to run for the 2nd Congressional District as well.

I figured there would be a big field on the Republican side for CD02. There are four now for CD02, the three mentioned in this story plus Kathaleen Wall, according to the county GOP filing page, and I would guess there will be more. I am a little surprised that only one current or former officeholder has filed for it, however.

Two other notes of interest on the Republican side: Sam Harless, husband of former State Rep. Patricia Harless, has filed for HD126, the seat Patricia H held and that Kevin Roberts is leaving behind. Former Rep. Gilbert Pena, who knocked off Rep. Mary Ann Perez in HD144 in 2014 and then lost to her in 2016, is back for the rubber match.

On the Democratic side, we once again refer to the SOS filings page, hence the “incomplete” appellation in the title. Let’s do this bullet-point-style:

– Todd Litton remains the only Dem to file in CD02 so far. I’m sure he won’t mind if that stays the case. Five of the six known hopefuls in CD07 have made it official: Alex Triantaphyllis, Laura Moser, Jason Westin, Lizzie Fletcher, and James Cargas. Sylvia Garcia has filed in CD29, and she is joined by Hector Morales and Dominique Garcia, who got 4% of the vote as the third candidate in the 2016 primary; Armando Walle has not yet filed. Someone named Richard Johnson has filed to challenge Rep. Sheila Jackson Lee in CD18. Dayna Steele filed in CD36; I expect Jon Powell to follow suit after the HCDP office reopens on Monday.

– It’s not on the SOS page yet, but Fran Watson posted on Facebook that she filed (in Austin) for SD17. Ahmad Hassan has also filed for that seat.

– We will have a rematch in HD139 as Randy Bates has filed for a second shot at that seat, against freshman Rep. Jarvis Johnson. Rep. Garnet Coleman in HD147 also has an opponent, a Daniel Espinoza. There will be contested primaries in HDs 133 and 138, with Martin Schexnayder and Sandra Moore in the former and Adam Milasincic and Jenifer Pool in the latter. Undrai F. Fizer has filed in HD126, and Fred Infortunio in HD130.

– We have a candidate for Commissioners Court in Precinct 2, a Daniel Box. Google tells me nothing about him, but there is someone local and of a seemingly appropriate geographical and ideological profile on Facebook.

That’s the news of interest as I know it. Feel free to tell me what else is happening.

No Astrodome vote this fall

This is a bit of a surprise.

All this and antiquities landmark status too

[Sen. John] Whitmire filed a bill that would force the county to get voter approval before spending any money on the Dome.

“It’s a dream and you shouldn’t spend taxpayer dollars on a dream,” Whitmire said.

Whitmire’s bill sailed through the Senate, but hit a brick wall in the House.

After passing the Senate, the bill was sent to the House County Affairs committee.

State Representative Garnet Coleman is the chair of that committee.

“The Astrodome is a symbol of our ‘can-do’ spirit,” Coleman said. “I want it left as a symbol of what my city is and has been.”

The bill never made it out of Coleman’s committee, so it died. Coleman wouldn’t say whether he agreed or disagreed with the Commissioner’s plans.

“I don’t have to agree or disagree because I don’t want it torn down,” Coleman said.

See here, here, and here for the background. I confess I’m surprised, I had expected this bill to zip through based on its easy adoption in the Senate, but like the AirBnB bill, one must never assume that a bill will make it to the finish line. I didn’t care for the Whitmire bill, so this outcome is fine by me.

With the demise this bill, what could have been a very busy November has been scaled back quite a bit. With no Astrodome vote and no Metro vote (this year), what we are left with are the pension obligation bonds and the revenue cap; it remains to be seen if there will be a vote on forcing city employees onto a defined-contribution retirement plan, as the petitions have not yet been verified and the instigator behind the drive says she’s not interested in it any more. Things can still change, and there will be some number of low-profile constitutional amendments on the ballot, but all in all expect there to be fewer campaigns this November than there could have been. Link via Swamplot.

UPDATE: In case you’re wondering what this means from the county’s perspective.

The end of the session on Monday means the county can move forward with a revitalization project that officials say could be the key to the stadium’s long-term preservation, as well as resume a broader study of the maintenance of the NRG park that was set aside as lawmakers considered Whitmire’s bill.

“I don’t see any potential road blocks,” said Harris County Judge Ed Emmett, on the revitalization project.

Emmett said 2020 would be a rough, early estimate of when the project could be completed.

Architects and engineers are working on the first phase of the project. That first phase began in September, and was seen as one of the most concrete steps toward securing the Dome’s future. It has been vacant for years, and hosted its last Astros game in 2000.

Commissioners Court will have to give another green light for the actual construction to begin.

County Engineer John Blount said the architects and engineers are examining the stadium as part of the design process, verifying that the county’s blueprints match how the stadium actually looks. Blount said, for example, that modifications to the stadium’s drainage system made in the 1960s after it was built were not reflected in its original blueprints.

“We might find things that take some time to go investigate,” Blount said.

[…]

“There’s no reason why the House couldn’t have taken a vote on this,” said Paul Bettencourt, R-Houston, who supported Whitmire’s bill.

Bettencourt said the 2013 referendum and general fund money being used by the county to fund the project – estimated to be about one-third of the total cost – necessitates a referendum.

“As long as that’s in there, in my mind they’re going to have to bring this to a vote,” he said.

I take Bettencourt’s words to mean that the fight is not over yet. Don’t be surprised if someone sues to stop things once the county begins spending money on this, and don’t be surprised if another bill like SB884 is introduced in 2019.

Sandra Bland Act passes

Good.

Sandra Bland

The Texas House initially approved the Sandra Bland Act on Friday with a unanimous vote. The body now has to vote on the mental health bill one more time before it reaches Gov. Greg Abbott’s desk. (Update, May 20: The House voted 137-0 to give the bill final approval)

Senate Bill 1849 would mandate that county jails divert people with mental health and substance abuse issues toward treatment, make it easier for defendants with a mental illness or intellectual disability to receive a personal bond and require that independent law enforcement agencies investigate jail deaths.

[…]

Senate Criminal Justice Committee Chairman John Whitmire struck several provisions from the original bill amid criticism from police groups that it would hamper law enforcement’s work, including adding extra steps to legally secure a consent search. Bland’s family expressed disappointment in the Senate version of the bill, calling it a missed opportunity because it removed language relevant to Bland’s stop.

The bill’s sponsor, Rep. Garnet Coleman of Houston, and other lawmakers have said they understand the disappointment, but there will be other opportunities to address in legislation interactions with police.

See here for the background. Sandra Bland’s family was not happy with the Senate changes to the bill, but it’s almost always better to pass something that can be built on later rather than pass nothing and hope to try again from scratch. It may take several sessions before anything else gets done, and nothing will happen without a big push, but this was progress and I’m glad it succeeded. A statement from Rep. Coleman is beneath the fold.

(more…)

Sandra Bland bill clears the Senate

Good news.

Sandra Bland

The Texas Senate on Thursday unanimously approved a bill aimed at protecting people with mental illnesses who are arrested and may harm themselves in jail.

The legislation — Senate Bill 1849 — was filed after a high-profile incident in 2015 in which Sandra Bland, a 28-year-old Illinois woman, was found dead in the Waller County jail days after being arrested during a routing traffic stop.

The so-called “Sandra Bland Act” evolved as it moved through the legislative process amid criticism from law enforcement officials. The version the Senate unanimously approved on Thursday — authored by state Sen. John Whitmire — would mandate that county jails divert people with mental health and substance abuse issues toward treatment, make it easier for defendants with a mental illness or intellectual disability to receive a personal bond and require that independent law enforcement agencies investigate jail deaths. (The agency would be any appointed by the Texas Commission on Jail Standards and cannot be the agency that operates the county jail.)

The legislation now heads to the House, where state Rep. Garnet Coleman filed a similar bill that was left pending in committee. The Houston Democrat first introduced the legislation and named it in honor of Bland.

[…]

Under the legislation, jails also would be required to ensure prisoners continue to have access to health care while in custody and report serious incidents – including attempted and completed suicides, deaths and assaults. And, if the money is available, counties would have to install electronic sensors or cameras to better monitor inmates. Law enforcement officers also would be required to learn de-escalation techniques that may reduce the use of force.

Whitmire struck some provisions in the original version of the bill amid criticism that it would hamper law enforcement’s work, including requiring police officers to learn how to identify implicit bias. It also would have required counseling and training for officers who racially profiled drivers and prohibited what are called “pretext stops” — traffic stops for one offense that are used to investigate another.

None of those provisions were in the bill the Senate approved Thursday. A day earlier, Whitmire said that police groups opposed earlier provisions regarding consent searches and implicit bias and that the only way the legislation had a chance of passing was if it was written as a mental health bill. Two police organizations told the Tribune that language about racial profiling and bias came from a place of distrust of law enforcement.

The House Homeland Security and Public Safety Committee took public input on Coleman’s bill last month but never voted on it amid a lack of support.

See here for some background. The Observer spoke to Rep. Coleman about the Senate version of this bill.

“I would’ve preferred a more robust bill, but I’m happy — I’m elated — that there is a bill,” said Representative Garnet Coleman, a Houston Democrat who penned the initial version. “This is not an environment that most people believe would’ve allowed for the passage of a bill carrying the name of the victim of a state trooper.”

[…]

The bill that cleared the chamber Thursday no longer bans controversial pretext or “investigative” stops, which Coleman has likened the vehicular equivalent of “stop and frisk.” It also would require law enforcement to collect and review data regarding these stops to check for racial or ethnic disparities. These were the most disappointing sacrifices, Coleman said.

Lawmakers also removed provisions preventing people from being incarcerated for Class C misdemeanors and ensuring that offenders without prior violent convictions be released on personal bonds, which require no up-front cash. These provisions, Coleman pointed out, have found homes in other bills that that are “still alive and moving,” such as Whitmire’s SB 1338, a bond-reform bill that cleared the Senate earlier this month.

The bill requires county jail operators to undergo more mental health training, as well as better monitoring the health of inmates. To that effect, it mandates that jails install cameras and electronic sensors in cells when funding is available. Those measures could’ve changed the circumstances of Bland’s death. (Coleman said he is working with the budget conference committee to secure funds for cameras and sensors — totaling $1 million.)

Coleman is looking to carry the measure across the finish line in the House and doesn’t expect much will be changed, he told the Observer Thursday.  It’s not likely to clear his chamber with unanimous support — “that doesn’t happen over here,” he said. Coleman said he’s working to gather support from members and House leadership, whom he said seems receptive.

“The issue has transcended politics, brought together people who used to be diametrically opposed,” Coleman said. “With this one, we really have to do something now.

Yes, we do. Good work all around, let’d get this finished. The Chron has more.

Legislative maps found to have discriminatory intent

Wow.

Texas lawmakers intentionally diluted the political clout of minority voters in drawing the state’s House districts, a panel of federal judges ruled Thursday.

In a long-awaited ruling, the San Antonio-based judges found that lawmakers in 2011 either violated the U.S. Constitution or the Voting Rights Act by intentionally diluting the strength of minority voters statewide and specifically in a litany of House districts across Texas. Those districts encompass areas including El Paso, Bexar, Nueces, Harris, Dallas and Bell counties.

“The impact of the plan was certainly to reduce minority voting opportunity statewide, resulting in even less proportional representation for minority voters,” U.S. District Judges Orlando Garcia and Xavier Rodriguez wrote in a majority opinion, adding that map-drawers’ discussions “demonstrated a hostility” toward creating minority-controlled districts despite their massive population growth.

In some instances, the judges ruled, map-drawers’ use of race to configure some districts to comply with the Voting Rights Act instead “turned the VRA on its head.”

“Instead of using race to provide equal electoral opportunity, they intentionally used it to undermine Latino voting opportunity,” they added.

[…]

Thursday’s ruling hit in the final stretch of the 2017 legislative session, scheduled to wrap up at the end of May. But because the court did not immediately order that a new map be drawn, it is unclear whether lawmakers will be forced to take action before they leave Austin.

You can see the majority decision here and the findings of fact here. I haven’t read through them yet, and the early coverage is a bit sparse, but this is what I do know. This ruling is on H283, the map passed by the Legislature in 2011. It was never implemented because it was not precleared – H309 was the map used for the 2012 election. It was drawn by the court, but it was based on H283 as SCOTUS ruled that the interim map should defer to the legislative intent and not be based on the previously existing (per-cleared) map. In 2013, the Lege passed H358, which cleaned up a couple of issues that had been in contention, and that map was used for the 2014 and 2016 elections. This Texas Redistricting post zooms in on the places where the map was found to have had problems, and what is different between the 2011 and 2013 versions.

As with the Congressional case, there was a separate suit filed regarding H358, the 2013 map. That has not yet been adjudicated, and as we know the state is seeking to appeal the ruling on the 2011 Congressional map to the Fifth Circuit. There is a status call scheduled for April 27, which is to say next Thursday, at which a whole bunch of issues will be discussed, including the plaintiffs’ proposed calendar to get a new Congressional map in place for the 2018 primaries. It is not clear at this time what if any action will be taken for the legislative map, but I see no reason why something couldn’t be in place by, say September, which would be in plenty of time for candidate filings. Needless to say, that’s getting way ahead of things, but the goal needs to be to have a resolution for the next election. Anything else would be a mockery at this point. We’ll see how it goes. Statements from MALC and Rep. Garnet Coleman are beneath the fold, and Texas Redistricting, Rick Hasen, and the Lone Star Project have more.

UPDATE: Today’s Chron story has more.

(more…)

The Sandra Bland Act

Good.

Sandra Bland

State Rep. Garnet Coleman, D-Houston, on Thursday filed House Bill 2702, dubbed the Sandra Bland Act.

The exhaustive piece of legislation would expand what qualifies as racial and ethnic profiling; mandate people experiencing a mental health crisis and substance abuse be diverted to treatment over jail; and create more training and reporting requirements for county jails and law enforcement.

The legislation is named in honor of Sandra Bland, a black, 28-year-old Illinois woman who was found dead in an apparent suicide in the Waller County Jail in 2015.

Bland was pulled over in Prairie View on July 10, 2015, by then-Texas Department of Public Safety trooper Brian Encinia after she failed to signal a lane change. When Bland’s conversation with Encinia became heated, he arrested her on a charge of assaulting a public servant. She was found dead in her cell three days later.

Bland shouldn’t have been arrested, Coleman said during a news conference to announce the bill’s filing.

“It led to a death that didn’t have to occur,” said Coleman, who chairs the House County Affairs Committee.

The Sandra Bland Act would make several changes to how Texas law enforcement officials and jailers interact with those they stop or detain.

There’s more on the bill in the story, so go check it out. You know how I feel about this. Rep. Coleman has been working on this, which implements the reforms that were agreed to in the settlement of the lawsuit filed by bland’s family, for some time now. If anyone is going to get the details right, it’s Rep. Coleman. Let’s hope this gets a good reception. Grits has more.

Endorsement watch: More State Reps

Part 2:

State Representative, District 135: Jesse A. Ybanez

Consider this an endorsement against Gary Elkins. The Republican incumbent has been in office for 22 years, and his greatest claim to fame is a consistent self-serving advocacy for payday lenders and other shady financial businesses. As the Texas Observer reported in 2014, Elkins owns a chain of payday lending stores and helped create their current model in which they operate as “credit service organizations,” allowing them to evade our state’s anti-usury laws. He made headlines two years ago for working to block statewide regulations that would protect hard-working Texans from being scammed by these sorts of businesses. This defense of exploitive business practices has been the single note that unites his entire political history – the Wall Street Journal documented Elkins’ raison d’etre back in 1999 with an article titled, “Legislator’s Slim Agenda Mirrors His Private Interests.”

What other accomplishments can Elkins tout to round out his two decades in the Legislature? When he met with the editorial board during his last election, Elkins pointed to eliminating lower speed limits at night. Elkins did not meet with the editorial board this year.

Gene Wu

Gene Wu

State Representative, District 137: Gene Wu

“People are tired of dead kids.”

That’s the reason that two-term state Rep. Gene Wu gave the editorial board to explain the political momentum in the state House to fix Texas Child Protective Services. Democrats, like Wu, and Republicans are working together to file bills for the upcoming session that will provide better pay for CPS workers, more money for foster families, and better therapy for kids and drug treatment for parents who need it.

“The vast majority of cases that come to CPS are because of drugs,” Wu said. “Yet we don’t provide drug treatment.”

As a lawyer who takes CPS and juvenile law cases, Wu is an invaluable resource on this issue, and voters should give him a third term in Austin.

I don’t have anything to add to the HD137 race beyond what I’ve already said except to reiterate that Kendall Baker is a fool. As for HD135, Gary Elkins is objectively terrible and should have been turfed a long time ago, but he’s in a Republican district, so that’s easier said than done. HD135 is an interesting case in that it’s one of two districts that were won by the GOP in 2012 that were slightly less Republican than they were in 2008; HD132 is the other, but there’s no Democrat running there this year. I’ll be rooting for Jesse Ybanez, but first let’s see if he can continue that trend.

Here’s Part 3, which I believe brings this to an end.

State Representative, District 147: Garnet F. Coleman

After 25 years in office, Democratic state Rep. Garnet F. Coleman seems to know every inch of his central Houston district, which stretches from Montrose, through downtown, Midtown and the Third Ward before following Interstate 45 south to Beltway 8. He has a particular fondness for the area around Emancipation Park, where he’s worked to protect the historic Dowling Street corridor from being consumed by generic townhouses.

Up in Austin, Coleman has been a key leader on mental health and criminal justice issues, promoting personal recognizance bonds and the diversion courts that help keep people out of jail and connect them with the help they need.

State Representative, District 149: Hubert Vo

State Rep. Hubert Vo can be a soft-spoken advocate for his diverse southwest Houston district that ends at the border between Harris and Fort Bend counties. Sometimes he’s too soft – Vo was deemed “furniture” by Texas Monthly last session for his lackluster participation in the legislative process. But throughout his five terms in office, Vo, 60, has enough important accomplishments on his record – such as creating the International Management District – to justify a return to Austin. He’s been an advocate for economic development and education opportunities, especially vocational training in Alief ISD.

We were also impressed by his political courage during an editorial board meeting in which he pushed back against his opponent’s advocacy of raising the sales tax to lower the property tax burden.

“I believe that if we increase the sales tax it is going to be affecting the low-income families, especially families with kids going to school,” Vo said. “It is not going to be fair.”

State Representative, District 150: Michael Shawn Kelly

Scholars of history know that revolutions have a way of eating their young – even the Republican revolution. First elected in 2002, outgoing state Rep. Debbie Riddle was once both praised and maligned for being the personal embodiment of a hard-right Texas Christian conservative. But somewhere along the way, Riddle’s belief that “free education” and “free health care” came from “the pit of hell” just wasn’t conservative enough for her northwest district, which stretches from the Houston city limits up to The Woodlands and Tomball.

She was defeated in this year’s Republican primary by political activist Valoree Swanson. So how did Swanson boot a longtime incumbent? Political insiders know it’s because Riddle got along with the center-right House Speaker Joe Straus, much to the chagrin of powerbroker and lobbyist Michael Q. Sullivan. During the primary, Swanson was able to paint Riddle as someone who wasn’t sufficiently opposed to Islamic religious law, or Sharia law.

So what does Michael Shawn Kelly, the 60-year-old Democratic candidate for this now-open seat, think of all this?

“I can’t answer without laughing to be quite honest,” Kelly told the editorial board when asked whether Texans should be concerned about Sharia law. “I think it is really something you say to people when you’re trying to get them whipped into a frenzy over a non-issue and not talk about the issues we should be talking about.”

See that same article for my thoughts on HD149 as well. I’ll just add that Rep. Vo is 100% correct to say that a property tax/sales tax swap would be a big win for wealthier folks and an even bigger loser for everyone else. I’m a big fan of Rep. Garnet Coleman, who hits the trifecta of being smart, effective, and very good on the issues. As for HD150, it’s a little hard to believe we won’t have Debbie Riddle to kick around any more, and even harder to believe she could get tossed by primary voters for not being sufficiently unhinged. I’ve heard some rumblings that Swanson hasn’t endeared herself to the non-primary-voting electorate, but this is a very red district, so she has quite a bit of slack to give before she has anything to worry about. In the meantime, I’d say Kelly’s response to that drama is spot on.

Renaming Dowling Street

The process has to change before the name can be changed.

For years, Third Ward residents have had to roll with the changes in their community, often having to live with decisions made in the corridors of power at City Hall.

That’s how East Broadway, the main road running through one of Houston’s historical African-American neighborhoods, became Dowling Street, named in honor of a Confederate war hero. That’s how Dowling’s name ended up on street signs along the east side of Emancipation Park, so named because it was the place recently-freed blacks celebrated the end of slavery.

Times have changed, however, and now community leaders and local officials are poised to change Dowling Street into Emancipation Avenue – even though doing so will require changing the rules at City Hall.

Community efforts to gather enough support from property owners on Dowling have come up short of meeting the city’s requirements for a resident-initiated name-change. That has caused State Rep. Garnet Coleman, who represents the area, to urge the city to revise its standards for how to change street names.

“Rightly so, because the process is impossible,” Coleman said, defending the decision to revise the rules during the process.

Houston planning officials, at the direction of Mayor Sylvester Turner, are proposing amendments to the rules to allow for city-initiated street name changes, starting with Dowling. That would mean that rather than requiring 75 percent of landowners along the street to support the renaming, the city can consider a name change if “sufficient” evidence of community support exists, after extensive public outreach.

City planning officials agree current standards lack the latitude to allow communities to sponsor name changes, especially along thoroughfares like Dowling that are a blend of residential, business and nonprofit property owners.

The mixed uses, absentee landlords and inaccurate property records in some cases made gathering signatures from three-fourths of property owners challenging, Coleman said.

“We sent out petitions to all of the property owners,” Coleman said, “We weren’t able to get to 50 percent back. The hurdle is too high.”

My position here is the same as it was for the school renaming issue, and that is that having something named after you is a privilege and not a right. There should be a process to allow residents to get a street name changed, one that is achievable but also ensures that everyone gets a chance to weigh in. The current process is too cumbersome, so changing it to be more achievable is fine by me. There doesn’t seem to be any real opposition to changing the process, or to the specific effort to rename Dowling Street, at least as far as this story goes. I suspect the renaming effort will be much less controversial, as people don’t have their identities tied to street names like they do to school names. I may revise this opinion once Council takes up the matter.

More on the Sandra Bland settlement

State Rep. Garnet Coleman is working to implement the reforms mandated by the Sandra Bland lawsuit settlement.

Sandra Bland

House Democrats sparred with state law enforcement officials over questions of racial profiling Tuesday at a sometimes contentious hearing. It was the latest in a series of House County Affairs Committee hearings on policing in advance of the 2017 legislative session. Committee chair Garnet Coleman, a Houston Democrat and veteran lawmaker, has announced he plans to file the Sandra Bland Act, named for the Prairie View A&M University alum who died in the Waller County Jail after a traffic stop in 2015.

“There are solutions to the criminal justice issues that have come up because of Sandra Bland,” Coleman told the Observer, “and they should be on the front burner of the Legislature this coming session.”

Lawmakers heard testimony from the co-author of a 2015 University of North Carolina study on traffic stops that found that black drivers in Texas are 59 percent more likely than white drivers to be searched during Texas Department of Public Safety traffic stops. When state Representative Jonathan Stickland, R-Bedford, asked if researcher Frank Baumgartner was accusing DPS of racial profiling, Baumgartner responded cautiously.

“There is a robust disparity between the likelihood that a white driver and a black driver will be searched even when you control for variables other than race,” he said.

Lawmakers themselves were also reluctant to use the term “racial profiling” during the hearing, due in part to a Texas statute that offers a narrow legal definition of the term.

“The statute needs to be changed,” said Coleman, “because there are disparities that we can’t currently call ‘racial profiling’ that maybe we should be able to.”

DPS director Steve McCraw denied that his agency engages in profiling of any kind, and attributed the racial disparities in Baumgartner’s report to security concerns at the border. The allocation of so many officers to the border to combat “transnational gangs and cartels,” McCraw said, led the statistics to show excessive stops and searches of “minorities.”

Coleman countered that McCraw’s point was irrelevant to Baumgartner’s report, which had focused on the disparity of outcomes between black and white drivers. “Now come on, man,” he chided McCraw, “I know you went to school. I know you understand statistics.”

[…]

[Last] Thursday, the Bland family’s lawyer announced that the family had settled a civil suit against Waller County for $1.9 million. The settlement also mandates a number of procedural reforms — an agreement Reed-Veal called “a victory for moms across the country.” The settlement, which hasn’t been finalized, would require that the Waller County Jail keep a medical professional on staff at all times and use electronic sensors to monitor jailers’ check-ins.

The Sandra Bland Act, Coleman told the Observer, will expand the settlement’s reforms statewide and mandate additional changes, banning pretextual traffic stops (stops for minor infractions in order to investigate unrelated criminal activity), mandating access to health professionals in all jails, incentivizing the use of de-escalation tactics, and expanding access to personal recognizance bonds.

Coleman explained he also has a personal stake in the bill. “I got stopped 11 times in the first year I had my driver’s license,” he told the Observer. “So I understand the issues the bill addresses from being in the affected community.”

See here for the background. McCraw is a longtime partisan hack who should not be trusted, but does need to be overcome. The good news here is that Waller County has approved the settlement. The bad news is that DPS appears to be playing dumb about the whole thing.

A lawyer for the Bland family and DPS officials on Tuesday appeared to be at odds as to whether the settlement in that lawsuit — brought against Waller County, some county employees and former DPS trooper Brian Encinia — includes an agreement to institute additional statewide de-escalation training for all incoming troopers and those already on the roster.

Testifying before the Texas House Committee in County Affairs, Tom Rhodes, the Bland family’s Texas-based attorney, told lawmakers that the settlement includes a $1.9 million payout, including $100,000 from DPS. While the department was not a party in the lawsuit, it agreed to pay that amount to indemnify Encinia, who arrested Bland in a July 10, 2015 traffic stop that quickly escalated to an arrest. As part of the settlement, DPS also agreed to set up the training, Rhodes said.

But earlier in the day, DPS director Steve McCraw indicated the department already requires 76 hours of de-escalation training that’s embedded in its school for recruits.

“I was told just the opposite which is one of the reasons we required that as part of the settlement,” Rhodes told lawmakers.

Asked for clarification about McCraw’s comment, a DPS spokesman said DPS “has not settled litigation regarding Sandra Bland” and is not party to any agreements between her family and the Waller County defendants.

“The department is looking at a number of options regarding the issues discussed today,” DPS spokesman Tom Vinger said, pointing out that the department earlier this year began requiring troopers to complete an eight-hour de-escalation course.

Citing confidentiality restrictions, Rhodes said he couldn’t provide many details about the settlement discussions but he indicated he had reached a deal on the de-escalation training with DPS’ general counsel.

“All I can say is today was the first time I heard they had that training, and it seems like to me when we insisted on that as part of the settlement if they had it they would’ve said it,” Rhodes said in an interview after the hearing. “If it’s already there I’m glad it’s there. Obviously it’s not that effective — whatever they’re doing — because it certainly didn’t help in Sandy’s case, but that’s not the agreement we reached.”

Like I said, McCraw cannot be trusted. Someone at DPS with more integrity than him needs to get this worked out one and for all with the Bland family.

Endorsement watch: Labor for Thompson, the Mayor for Miles

From the inbox:

Rep. Senfronia Thompson

Rep. Senfronia Thompson

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

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

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

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

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

Rep. Borris Miles

Rep. Borris Miles

Dear Fellow Democrat,

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

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

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

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

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

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

Warm regards,

Mayor Sylvester Turner

But wait! There’s still more!

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

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

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

[…]

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

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

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

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

SD13 nomination process update

Two possible candidates have taken themselves out of the running.

Sen. Rodney Ellis

Sen. Rodney Ellis

State Rep. Garnet Coleman and former City Councilman C.O. Bradford have decided not to run for Rodney Ellis’ state Senate seat, citing a desire to retain seniority in the state House and concerns about the electoral process, respectively.

That leaves state Reps. Senfronia Thompson and Borris Miles, and former City Controller Ron Green vying for Senate District 13, which stretches from northeast Fort Bend County to Houston’s northeast corner.

[…]

“At this moment in time, I believe I can serve my constituents better in the House,” Coleman, who took office in 1991, told the Chronicle Thursday. “You don’t have to be a senator to affect the process, and I know that I have the ability to affect the process in the House, and it would be much better than the Senate.”

C.O. Bradford also was considering joining the race, but said Tuesday that he had decided against it because of the requirement that precinct chairs vote publicly.

“Casting a secret ballot is considered almost sacred in the democratic process,” Bradford said. “I opt not to pressure citizens to compete and cast open votes that defy a very meaningful component of our democracy.”

I didn’t get the sense that anyone had an issue with that on Thursday night, but then maybe it was only those chairs who were okay with it that showed up. One could always get involved with the party if one wishes to change the operating rules by which the party abides, which it adopts at its biennial conventions. Rep. Coleman sent out a press release just prior to Thursday’s meeting at which the judicial nominees were chosen, citing his seniority in the House and position as Chair of the County Affairs Committee and Legislative Study Group Caucus as reasons for staying put. Barring any unexpected entries at this point – a few of us were speculating on Thursday about CM Boykins, but no one had any information – or fringe candidates, the lineup appears to be set with Rep. Thompson, Rep. Miles, and former Controller Green. All three were there on Thursday night as well; they provided the food for the meeting, which was greatly appreciated given that we were all there till after 9:30.

As HCDP Chair Lane Lewis noted at the beginning of Thursday’s meeting, SD13 covers both Harris and Fort Bend counties, so it is the state party’s role to call the convention at which the next nominee for SD13 will be selected. He said that was set for Saturday, July 16, at 10 AM at the CWA hall (the same location as for the Commissioners Court nomination process), and that it was open to the public if one wanted to observe. I may do that myself if my schedule allows. I will be happy to observe and not participate this time.

Here come the candidates for SD13

Here we go again.

Rodney Ellis

Rodney Ellis

State Rep. Borris Miles came prepared with signs Saturday when Rodney Ellis all but secured a seat on Harris County’s Commissioners Court – not in support of Ellis, but to launch his own campaign.

Ellis’ selection as the Democratic Party’s nominee to replace late Precinct 1 Commissioner El Franco Lee has begun to ripple across the November ballot, freeing up the first in what could be a series of openings in Harris County’s legislative delegation.

The 26-year state senator now must withdraw his name from the ballot for Senate District 13, requiring Democratic precinct chairs to meet yet again on July 16 to select a replacement candidate. Their nominee will run unopposed.

Miles, state Rep. Senfronia Thompson and former City Controller Ron Green have thrown their hats in the ring as others mull joining the race.

The three-week campaign sprint is projected to be as contentious as the commissioner’s race was cordial.

“Many of the candidates have complex political histories that could result in a high level of discord,” Texas Southern University political scientist Michael Adams said. “I don’t think these people are going to be playing nice.”

[…]

State Rep. Garnet Coleman and former Houston City Councilman C.O. Bradford said they also are considering running for Ellis’ seat. City Councilman Dwight Boykins and state Rep. Harold Dutton said they opted not to.

Rep. Dutton was a supporter of Gene Locke for Commissioner, so he might have encountered some resistance had he chosen to run for SD13. As noted on Sunday, Reps. Miles and Thompson were at the Saturday precinct convention that placed Ellis on the ballot for County Commissioner. Green was not there but announced his candidacy via Instagram. Rep. Coleman had expressed his interest in the seat in May, but hasn’t said anything official as yet. This is the first I’ve seen Bradford’s name – and Green’s, for that matter – in one of these stories. We’ll see if other names come up. There are 94 precinct chairs in SD13, according to this story, with 78 in Harris County and 16 in Fort Bend. None of them are me, and I’m happy to be an observer and not a participant this time. Good luck to those who have the task of selecting Ellis’ successor.

Ellis wins Precinct 1 nomination

In the end, it wasn’t close.

Sen. Rodney Ellis

Sen. Rodney Ellis

State Sen. Rodney Ellis on Saturday won the Democratic nomination for Precinct 1 Commissioner, effectively guaranteeing the veteran lawmaker the office.

Ellis will be sacrificing 26 years in the Texas senate to become the next commissioner, an often overlooked but powerful local office. He will take over from current Precinct 1 commissioner Gene Locke in January, who also ran for the office and was seen as Ellis’ top opponent.

Saturday’s nomination ends one of the most unusual campaigns in recent history. Longtime Commissioner El Franco Lee, who represented Precinct 1 for more than 30 years, died in January while still on the March 1 primary ballot, leaving the choice for who will run as the Democratic candidate to 125 precinct chairs.

There is no Republican opponent in November, all but guaranteeing victory to Ellis.

[…]

A week before the nomination meeting, Ellis claimed he had the support of more than half of the precinct chairs, effectively claiming victory. He also claimed the endorsement of Lee’s widow.

He will be the only Democrat on the court, which has four other Republican members.

The Precinct 1 commissioner represents 1.2 million people and controls a budget of more than $200 million.

The precinct convention that ultimately placed Ellis on the ballot was a wild affair, with a ton of people of varying interests in attendance. The precinct chairs that were to vote had to check in and be verified, at which time we got a name tag that we wore allowing us to sit down front, where we would ultimately vote. Ellis and Locke had the largest contingencies, with many Ellis supporters wearing navy blue Ellis T-shirts. (This led to an objection by one precinct chair, who cited election law about campaign materials not being too close to where elections are held. It was ruled out of order on the grounds that by law this was a precinct convention and a party function, not an election.)

There were a few motions made about who was and wasn’t eligible to participate, and a lot of noise about the process to elect a convention chair. Rules allow the chair, which at the beginning was HCDP Chair Lane Lewis, to select the method of voting from a set of possible choices. After a voice vote on the convention chair was indeterminate, a “division of the house” process, in which supporters of each candidate went to different locations to be counted, was done. Once that was settled and a secretary was elected, we eventually got around to the main event.

Four candidates were nominated for the position. In order of their nomination, they were Nat West, Dwight Boykins, Rodney Ellis, and Gene Locke. I was a little surprised that no one else’s name came up, but that’s how it went. Among other things, it meant that Ellis was the only nominated candidate to have filled out the HCDP questionnaire. Each candidate got two minutes to address the crowd; motions to give them five minutes, and to allow two other supporters to speak on their behalf were loudly voted down. Division of the house was used for this vote. Nat West, who as a precinct chair nominated himself, had two votes. Dwight Boykins appeared to have about ten or so; he then declared that he was withdrawing, and from what I could tell all of his supporters went over to Gene Locke. In the end, Ellis had 78 votes, Locke had 36 (BOR reported 46; I’m pretty sure that’s a mis-hearing of the announced total), and West had two. There was no need for a runoff.

I’m very glad this is over, but this is just part of what needs to be done. There’s still the county convention for the judicial candidates on Thursday; several of those candidates, for the two different benches, were in attendance yesterday. With the selection of Ellis for the County Commissioner spot, there is now a vacancy for SD13. Candidates for that position were in attendance as well.

Ellis now must withdraw from the November ballot in Senate District 13, which covers a swath of southwest Houston. He will be replaced on the ballot by whichever Democrat can win the support of a majority of the precinct chairs in the district. The replacement will run unopposed in November.

At least three state representatives from the area are said to be interested in Ellis’ seat in the Senate: Garnet Coleman, Borris Miles and Senfronia Thompson.

Miles and Thompson were there yesterday, with the former handing out yard signs and the latter passing out pamphlets. I will not be surprised if other names surface for this – as with this position, being nominated is akin to being elected, as there are no other candidates on the November ballot – but the lesson to take from today is that just because one says one is running does not mean one will eventually be nominated to be a candidate. Also, I am not in SD13, so this is officially Not My Problem. I’ll do my part in the CEC meeting on Thursday, then I’m done.

Congratulations to Rodney Ellis, who I believe will do a great job as County Commissioner. We need to talk about doing something about him being the “only Democrat” on that body. The 2018 election will be a key opportunity to change that calculus. I would also like to offer my sincere thanks to current Commissioner Gene Locke, who I believe has done a very good job in his time in office. Under other circumstances I would have supported Commissioner Locke, so I am sorry I was unable to this time. I wish Commissioner Locke all the best as he completes the good work he has started, and in whatever comes next. I would also like to thank Council Member Boykins for his candidacy. He came up short but he brought attention to important issues that deserve it. I wish him all the best on City Council. It was an honor to take part in this process, but in all sincerity I hope I never have that kind of power again. It’t not something I’m comfortable with. I’m glad there are people for whom it is a better fit who can and do take on that challenge with wisdom and humility.

Overview of the Commissioners Court Precinct 1 “race”

I put “race” in quotes because it’s not like any other race you’v ever seen.

El Franco Lee

The campaign for the next Harris County Precinct 1 commissioner appears in many ways like any other: candidates are raising money, seeking endorsements and sending out targeted mailers touting their credentials.

But this is not a typical election, and voters won’t be heading to the ballot box. Instead, the task of picking a commissioner who will represent 1.2 million people – more than the populations of nine states – and control a $200 million budget falls to a group of 125 Democratic precinct chairs.

That’s because longtime Commissioner El Franco Lee’s name remained on the March 1 primary ballot after his death in early January, leaving the precinct chairs to select the party’s new nominee, who will be unopposed in November.

The unusual nature of the nominating process means the campaign is less democratic than most local elections and far more intimate – built around in-depth policy conversations and targeted wooing of party insiders.

Example: The presumed frontrunners, Rodney Ellis and Gene Locke, both sent flowers to female precinct chairs for Mother’s Day.

[…]

City Councilman Dwight Boykins has not formally announced his candidacy, citing concern that he could forfeit his municipal office by doing so. But he has been actively campaigning for the job.

Because voters last November extended the terms of Houston elected officials to four years, from two, those who become a candidate for another office now are subject to the so-called “resign-to-run” provision of the Texas Constitution, which applies to municipal officeholders with terms longer than two years. Though a Texas attorney general opinion issued in 2000 states that running for the nomination of a political party’s executive committee does not prompt an automatic resignation, the courts have yet to formally resolve the issue.

“My best bet is that the courts would rule that (then-Attorney General John) Cornyn is correct and you don’t trigger resign-to-run by seeking the nomination of the executive committee,” former Harris County Democratic Party Chair Gerry Birnberg said. However, he added, “Until the courts decide the issue, there is no way to say for sure, definitively, that Attorney General Cornyn was correct.”

So Boykins and other interested council members – Jerry Davis and Larry Green – have approached the campaign gingerly.

“I can neither admit or deny my interest in the seat because of the way the current law is drafted,” Green said recently. “However, I can say I have been approached by several precinct judges and other community members requesting that I do move forward in trying to run for the seat.”

It’s a good overview of the process, so give it a read and familiarize yourself. I spoke to Chron reporter Rebecca Elliott on Thursday, but much like Kevin Costner in The Big Chill, my role was left on the cutting room floor. One point I want to address in this story, which is as much about the great power that’s been bestowed on some 125 precinct chairs as anything, is the question of how this process could have been done differently. One precinct chair called for a special election instead of the current process. That has some intuitive appeal, but remember, we’re not actually picking a County Commissioner. We’re picking a Democratic nominee for County Commissioner. There’s no provision in the law for a special party primary election, and I’m not sure how you could conduct one in a way that mimicked an actual primary election. Those are technically open elections, but everyone who participates has to choose which primary they want to vote in. How do you ensure conditions like that in a special election environment? Remember also, we precinct chairs – not just the 125 or so of us in Precinct 1, but the 500 or so of us in all of Harris County – are also selecting nominees for two judicial races. There’s basically no concern about us doing that, in part for the obvious reason that those offices have far less power, but also because those nominees will have contested races against Republicans in November, and unlike the Commissioners Court race there’s no guarantee they’ll win. The concern about the un-democratic nature of this process is, in my opinion, entirely about the nature of the office of Commissioners Court, which has vast power and not a whole lot of electoral accountability under normal circumstances. It’s about the office, not the process. Fixing the process in some way, if there is a way, can’t address that.

I should also point out that as weird as this process is, it could be worse. For one, if the late Commissioner Lee had died next January after being elected and sworn in, instead of this January after the filing deadline had passed, then Judge Ed Emmett would have been able to not only pick a replacement as he did to fill out the last year of Lee’s term, but that replacement would have been able to file for election himself in 2018, and would almost certainly have cruised to an easy win. This is what happened with Jerry Eversole (who resigned after the 2010 election) and now-Commissioner Jack Cagle. At least here, it’s Democrats who are picking the replacement. Yes, we’d have gotten a shot at that person in the next primary, but that could mean nearly two years of a Commissioner in the most Democratic precinct in the county being chosen by a Republican County Judge, and an awful lot can happen in two years. We got lucky here, in that Judge Emmett is an honorable man, and his choice for this year of Commissioner Locke was a good one. But there was and would have been nothing to stop a less honorable Judge from picking whatever hack or crony he wanted to. It could have been worse, that’s all I’m saying.

One more thing:

If Ellis earns the Democratic Party’s nod for commissioner, the party would need to convene another executive committee meeting to find a replacement for him on the ballot for state senator – and quickly, as all nominations must be completed by late August.

The angling has already begun.

“Of course anybody in the (Texas) House – or any other position for that matter – is going to look at that position as something to move to, and so I fall in that category of looking at it as a possibility,” said state Rep. Garnet Coleman, one of several politicians who have already expressed interest in Ellis’s seat. “These seats don’t change hands very often, and more than likely, whomever is selected to be the nominee for the Democratic Party, they’re going to be there for a long time.”

Naming Sen. Ellis to fill the nomination ensures at least one more round of this selection process, with the precinct chairs in SD13 moving onto the hot spot. (That does not include me, as I am in SD15.) And if the precinct chairs of SD13 select a State Rep to fill the slot left vacant by Ellis – at the very least, Reps. Coleman, Thompson, and Miles are waiting in the wings – then we get to do this a third time. There is an argument to be made that selecting Commissioner Locke to run for the seat in November puts an end to that process. Whether one considers that a pro or a con is a matter of personal preference.