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Lina Hidalgo

Republican County Commissioners ponder another quorum break

It’s a thing they can do, and have done in recent times. They shouldn’t, not for this, but they can.

The three Democrats on Harris County Commissioners Court on Tuesday proposed cutting the overall property tax rate for the third year in a row, though the two Republican members left open the possibility they may force the adoption of a lower rate by skipping the vote in two weeks.

County Administrator David Berry warned that option would leave the county scrambling to pay for essential services, including debt service for the $2.5 billion flood bond program. Republican commissioners Tom Ramsey and Jack Cagle, however, see an opportunity to compel the Democratic majority to cut what they view as wasteful spending.

“We are having a budget challenge because of wasteful spending, not because of tax rates,” Ramsey said, citing the creation of new county departments and hiring outside consultants for various studies. “So, when we adopt a tax rate, it should be in that context.”

Each year, Harris County sets the tax rate for the county government, flood control district, hospital district and Port of Houston; the first three together comprise an overall rate that is used to calculate each property owner’s annual tax bill.

Berry proposed an overall rate of 58.6 cents per $100 of assessed property value. This would save the owner of a home valued at $200,000 with the standard 20 percent homestead exemption $27 since their last tax bill.

The three Democrats on Commissioners Court have expressed support for that rate.

Cagle’s pitch of 57.5 cents per $100 of assessed value, which included lower county and hospital district rates, would save this same homeowner $48.

The Precinct 4 commissioner said residents who still are struggling through the COVID-19 pandemic deserve more property tax relief.

“When we do the tax rate hearings, we need to be very careful that we make sure we don’t keep just the tax-spender mindset,” Cagle said. “The taxpayers, right now, are going through a rough season in their lives.”

[…]

The pair of Republicans have rare power over the tax issue because while they frequently are out-voted 3-2 by the Democratic majority on the court, Texas law requires a quorum of four members to set tax rates.

That means they simply can skip the Sept. 28 meeting when the vote is scheduled and thwart the Democrats’ plan; Cagle and then-commissioner Steve Radack did this in 2019 to block a tax hike the majority had proposed.

If the court does not approve new tax rates before Oct. 15, by law they revert to what is called the no new revenue rate, a steeper cut than even Cagle had proposed.

Berry said that would leave the county unable to fully fund the budget Commissioners Court unanimously approved in February. It also would constrain the county budget in coming years under a Texas Legislature-imposed revenue cap, which limits annual growth to 3.5 percent unless approved by voters.

“Over time, going to no new revenue rates are going to be very, very difficult for the county, given what we see in terms of rising health care and pension expenses,” Berry said.

He cautioned that reverting to the bottom rates would leave the county flood control district without enough to pay debt service on the bond program voters approved in 2018. That also could spook creditors and threaten the county’s robust AAA bond rating.

All five court members agree falling behind on debt payments would be foolish.

See here and here for more on the previous quorum break. If everyone agrees that a Cagle and Ramsey walkout would lead to a bad fiscal outcome for the county, then the very simple and logical solution is for them to not do that. They’re getting some of what they want, which is not a bad outcome for a political minority, and they have the option of campaigning for their alternate vision in an attempt to win back a majority position on the Court for next year. Done and dusted, let’s move on.

But if they choose to break quorum to force an even lower tax rate, in the name of “cutting spending”, then it is incumbent on the Democratic majority to respond. They can’t change the quorum requirement, which is a quirk of the state constitution, but like the Republican majority in the Legislature there are things they can do to make the price of breaking quorum higher. I would endorse two things to do in response: One, rewrite the budget so that the full cuts that would have to occur come entirely from Cagle and Ramsey’s apportionment. Do whatever it takes to make them feel the pain, since they were the ones who wanted the pain in the first place. And two, absolutely go for a maximalist redistricting map, to eject one of them from their current positions. Don’t play nice, don’t let bygones be bygones, just respond in kind and let them absorb the lesson that their actions have consequences. It’s basic stuff.

Now again, none of this has to happen. Commissioners Cagle and Ramsey can show up and vote how they see fit, and still get a lower tax rate even if it’s not as low as they would like. You can’t always get what you want, especially when you’re outvoted. Or they can go their own way and force their will onto the county, and see if the Dems have it in them to do payback. We’ll know on September 28 what they choose.

Plaintiff in Constable Precinct 1 lawsuit responds

She’s not having it with the dismissal of Constable Alan Rosen as a defendant from the lawsuit.

Constable Alan Rosen

The booze-fueled undercover hotel operations were bad. Felecia McKinney’s worst moment at the Precinct 1 Constable’s Office, however, came two years ago, during an undercover sting at a Massage Heights near the Texas Medical Center.

Another Precinct 1 employee had been assaulted at the business. Her bosses wanted her to pose as a customer, wait to see if he acted again, and then give a signal to bust him and take him down.

When she emerged from the spa, a superior told her to drive herself to the hospital to get a sexual assault examination while Constable Alan Rosen held a celebratory news conference in the business’ parking lot, she said at a press conference Friday.

[…]

After the spa sting, McKinney and Erica Davis — the Precinct 1 employee whose assault led to the investigation of Massage Heights — sued the establishment, saying the budget spa chain, its employee, owner and franchisor were negligent in training and supervision. Davis agreed to a monetary settlement in the case but McKinney’s complaint is still pending. Criminal charges against Wenjin Zhu, the massage therapist accused of sexually assaulting Davis and McKinney on the massage table two days apart, are also still pending. Zhu is detained in the county jail.

Though her lawyers have described her experience in court filings, McKinney had never addressed the public about her sexual assault in August 2019 until her brief remarks to reporters at her attorney’s office Friday morning.

“He knows what happened to me,” McKinney said of Rosen. “He intended it. He ordered it. And to hear him claim victory — and that he wouldn’t be held personally accountable for something he’s admitted to doing makes me feel attacked, unheard, and very alone.”

What angered her the most, she said, was reading comments from Rosen’s defenders that the constable should never have been included in the lawsuit in the first place.

“This case was never about money for me. It was about exposing the truth and holding people accountable,” she said, her voice catching. “When I read his comments and his attorney’s comments, I felt really victimized in ways I never expected. …When I saw the claim that he never should have been in the lawsuit, after ordering an operation that I go in to be sexually assaulted, I broke down.”

See here for the previous entry. I don’t know if the decision to remove Rosen as a defendant was a good one or not – I presume it can be appealed, but regardless of that the lawsuit itself if still ongoing. The allegations still refer to things that happened under Constable Rosen’s watch. I’m still far from convinced that any of the undercover actions were a good use of law enforcement resources, whether or not the deputies in question were put in needless danger. I don’t know what will come of this case, but we need to hear what Ms. McKinney and her fellow plaintiffs have to say.

I-45 remains in the funding plan

For now. Ask again in 90 days.

Interstate 45 still is on a road to rebuild after Texas transportation officials on Tuesday kept the controversial project in the state’s 10-year construction plans, but warned that failing to get federal highway officials to remove their hold on it could halt the plan altogether later this year.

The Texas Transportation Commission on Tuesday approved the state’s 2022-2031 unified transportation program, keeping the I-45 project listed in it. The unified program is the guidepost for freeway construction in Texas, as only projects included can receive state funding.

That approval, however, is contingent on settling a dispute between the Texas Department of Transportation and the Federal Highway Administration. Federal officials told TxDOT in March to stop work on the project until concerns related to its impacts on minority and low-income communities and how TxDOT addressed those effects is completed.

“It is not the local support that’s the problem. It’s Washington, D.C., (that) is the problem, impeding our ability to go forward with this project,” Texas Transportation Commission Chairman Bruce Bugg said.

Federal officials did not immediately respond to a request for comment.

“We will give FHWA 90 days and we will come back and revisit this,” Bugg said. “After the 90 days have expired we will discuss what to do with the project.”

He said if the issues have not made progress, the commission could start the process of removing the project from the long-term plan. TxDOT Executive Director Marc Williams said removing the project would require another 60-day public comment process.

Williams said discussions with federal officials are constructive and continuing, but he would not speculate whether it is practical or possible for federal officials to operate on the commission’s timeline.

[…]

As part of the UTP public comment process, TxDOT received 12,700 comments, 8,170 of them related to the I-45 project. The response, which included an online poll, was a record-breaking amount of public engagement for a TxDOT program, officials said.

Of those comments related to I-45, TxDOT said 5,529 — around two-thirds — supported keeping the funding in place.

Critics, however, questioned the process TxDOT used to solicit comments. The online poll, opponents said, set up a “take it or leave it” choice of either TxDOT’s vision or nothing at all.

“It is your responsibility as stewards of taxpayer dollars to engage the public in productive ways and you have failed to do so,” said Ines Siegel, interim executive director of LINKHouston.

See here, here, and here for some background; the version of this story from before the meeting is here. I might suggest that the issue here is not with the FHWA and its timelines, but if we had agreement on that point we probably wouldn’t be here right now. Not much else to say here, we’ll see where we’re at after we catch up with that can we just kicked.

The financial incentive

At this point, whatever works.

A week after public health officials in Texas’ most populous county started handing out $100 cash cards to locals getting their first COVID-19 shot, the number of daily vaccinations has shot up to six times its previous rate, Harris County Judge Lina Hidalgo said Tuesday.

“We had an inkling that something was going right when I started my announcement [about the incentive] at noon, and by the time I was done, 30 minutes later, there was a line of cars waiting to receive the vaccine,” Hidalgo said. “We haven’t seen those lines for months.”

To accommodate and encourage the increased demand, the county will be opening an additional mass vaccination site and expanding its mobile vaccine program, Hidalgo said.

“You have to be creative, and we’re seeing the results and we’re doubling down on it,” Hidalgo said.

Harris County officials began the incentive program last Tuesday in a bid to jumpstart stalled vaccinations in Houston and surrounding areas, and to provide relief to the region’s stressed hospitals during what health officials say is the worst surge of infections the area has seen since the pandemic began last year.

For the three weeks before the program started, Hidalgo said, Harris County Public Health was administering an average of 431 first doses per day. The day the announcement was made, the number jumped to 914. The next day, 1,596 people sought the first doses from public health providers.

On Saturday, four days into the program, some 2,700 people got their first injection, Hidalgo said.

“This is an incredible achievement,” she said.

As the story notes, more vaccination sites are being opened to accommodate what I hope will be a sharp uptick in demand. The FDA approval of the Pfizer shot, and more companies telling their employees to get vaxxed may help push the numbers up as well. I honestly don’t care what the cause is, as long as it happens. And it needs to happen at a higher rate than this – even with the uptick statewide, we’re at less than 30% of the shots-per-day peak in April. Let’s get closer to that, and then we’ll really have something.

A look ahead to Commissioners Court redistricting

As we know, the Census redistricting data is out, and that means a whole lot of map-drawing is in our future. The main focus on this will be in Austin where the Congressional and legislative maps are re-drawn, but those are not the only entities that have this job to do. Harris County will be redrawing its Commissioners Court map, and this time for the first time in decades it will be done with a Democratic majority on the Court. What might be in store? Benjamin Chou with the Texas Signal provides an advance look at the possibilities.

Over the course of the last decade, population in Harris County boomed, growing by over 630,000 residents from 4.1 million in 2010 to 4.7 million today. Most of the population growth occurred in Precincts 3 and 4, which are also the same precincts currently held by the two Republicans.

In this round of redistricting, the Court will need to tweak the districts so that the four precincts have relatively similar population numbers. For this year’s sake, that means increasing the population in Precinct 2 and decreasing the population in Precincts 3 and 4. To do so, the Democratic-majority can attempt a range of actions that can be simplified into 3 main results: maintain the same 3–2 Democratic majority or increase their majority to 4–1.

The current Commissioners Court map was drawn a decade ago, by the then 4–1 Republican majority. At that time, Republicans held Precincts 2, 3, 4 and the county judge position. The map was drawn with the intent to solidify the Republican 4–1 majority by increasing Republican voters in those three precincts, particularly Precinct 2. The court did so by replacing Hispanic Democratic voters with Anglo Republicans.

They were successful through much of the decade. In the high-Republican turnout year of 2014, Republicans crushed Democrats. Republican Governor Greg Abbott won Precinct 2 by more than 16% of votes and Precincts 3 and 4 by more than 20% each. Even in 2018, when Beto O’Rourke lifted Democratic performance to its most competitive level in a generation, the Republican majority barely crumbled. County Judge Hidalgo, the only one of the five members of the court to be elected county-wide, won by less than 2%. Commissioner Garcia won Precinct 2 by 1%. Last year, when Democrats had a chance to flip Precinct 3, the Democratic candidate lost by 5%.

When considering how to redraw the map, the new Democratic majority will likely keep Precinct 1 solidly Democratic while shoring up Precinct 2 for Commissioner Garcia. The question is whether the court makes Precincts 3, 4, or neither more Democratic so a future challenger has a better chance of ousting the Republican incumbents.

The problem with choosing neither means the Republicans have a chance of flipping the current Democratic 3–2 majority in the event Democrats lose the County Judge position. Similarly, if the Court decides to make only Precinct 3 more Democratic, there remains a risk that Republicans win control because Precinct 3 is not up for election until 2024. Because Precinct 4 is up for election in 2022, the safest bet for Democrats to retain uninterrupted control will be to redraw Precinct 4 more Democratic.

Chou goes on to draw three potential new maps, one that just makes Precinct 2 more Democratic, which would end up with the same Court if Judge Hidalgo wins re-election, and one that shores up Precinct 2 while also turning a radically redrawn Precinct 4 Democratic as well. I’ll let you have a look and see what you think. You can also review this tweet from Hector DeLeon to see the Census population figures for each of the four precincts.

It’s a good writeup, and it captures the choices well. A couple of things that were not directly addressed: One, the Latino drift towards Trump in 2020, which we have discussed before multiple times. We saw that manifest here, though perhaps not as much as in South Texas, but in areas that would affect Precinct 2. Biden carried Precinct 2 in 2020 by a tiny margin, while other Dems generally fell short; in 2018 Beto won Precinct 2 by seven points, while other Dems generally carried it by four or five. For a variety of reasons we don’t know how this will play out in 2022, but we should start with the assumption that Latino voters are a little softer than we’d like, so that we don’t overestimate our position.

Two, we can’t just shove Anglo Republicans into Precinct 1 as a way to aid Precinct 2, because the Voting Rights Act is still more or less in effect, and retrogressing its Black population would be a violation of the VRA. Yes, the thought of a Republican plaintiff filing a VRA lawsuit over this is ironic to the point of causing nosebleeds, but care must still be taken.

Three, as Harris County continues to grow and change demographically, Precinct 3 as it is now will likely become more Democratic in time for the 2024 election without much else being done. Betting on that does entail the risk that the Court could swing Republican in 2022, either via Commissioner Garcia losing or Judge Hidalgo losing. I’m less worried about the latter, and the former can certainly be mitigated against, but this would allow for the possibility of getting to 4-1 without a complete redesign of the county map, which might be controversial politically in ways that are not currently apparent.

It should also be noted that redrawing the Commissioners Court map does the same for the HCDE Trustees map. As it happens, due to resignations and appointments, Dems have a 6-1 majority on that body right now, with all three At Large seats plus the Precincts 1, 2, and 3 positions in their column. I’m certain this will be a lower priority for consideration by the mapmakers, but it is worth keeping in mind.

Beyond that, we’ll see. Commissioners Court is under the same time constraints as the Lege, in that they need to get a new map in place in time for the 2022 primaries, whenever they wind up being. Assuming that will take place in May, and the filing period will be pushed back commensurately, they have a couple of months. Expect to see some action soon – if this is like last time, they’ll hire a consultant to do the actual work, with their specifications, and they will formally approve it once it suits their needs and the public has a chance to weigh in. I will of course be keeping an eye out for this.

A few words from the CEO of the Medical Center

From an interview he did with Lisa Gray.

What we’re seeing, sadly, is more of the same, only with more intense numbers. The number of people who are testing positive in our community continues to escalate month over month. The test positivity rate is now at 15.1 percent.

But probably the most accurate reflection is our hospitalizations. We just reached an all-time high: 421 people were admitted to our hospitals for COVID yesterday.

Step back for a second and look at that relative to the entire pandemic. Back in June and July, we had two weeks where the average number of hospital admissions was over 300. That was in the second wave.

Fast forward to wave three: We had four weeks that averaged over 300.

Now we are into our second week with no slowing the pace. At 421 today, we are seeing the highest peak of all of the pandemic going back 18 months now.

It’s largely a pandemic of the unwilling — people unwilling to be vaccinated. Now 44% of Houstonians are unvaccinated. Those are the vast majority of the people that are showing up in our emergency rooms and and in our ICUs. They’re very sick.

Many people thought that they were young, and therefore their immune system would be strong enough to protect them. That is not the case with this deadly delta variant, which is three times more transmissible than the earlier alpha variant.

Our hospitals’ staffs are 18 months into this. They’re exhausted.

And we have far fewer nurses than we used to have. They’re being recruited to other states, like Florida, that are even worse off than Texas.

The saddest fact is, 18 percent of all the new cases so far in August are children.

With the alpha variant, everyone thought, “OK, it’s 65 and older.” So we went after the nursing homes, and we did a brilliant job at protecting the elderly population and those who are immunocompromised.

But now, that vulnerable population is children under 12, who are not able to be vaccinated. We are predicting a mess in our schools. With nearly 20 percent of new cases being children, now we’re going to huddle them together in schools? Some may have masks. Some may not. It’s a recipe for disaster.

You can read the rest or give it a listen, but his answer to the first question tells you most of what you need to know. Hospitals around the state have been facing a similar crisis. I keep harping on this because it needs to be harped on, as we have a governor who can’t follow his own dictum about “responsible behavior”, a felonious Attorney General who’s soliciting snitches so he can go after rogue mask mandates, and a Legislature that wants to ban mask mandates forever. This is what we’re up against.

I don’t know if I’d call this “good news”, but the projections say we can see the beginning of the end from here.

While hospitalization numbers are nearing the heights they reached during the state’s most fatal surge in January, public health projections indicate that the latest wave will result in fewer deaths — mostly because senior citizens are widely vaccinated and hospital patients are now much younger. Still, state health officials are preparing for the worst, preemptively ordering a fleet of five mortuary trailers from the federal government in case infections spiral.

Public health experts still expect at least some increase in coronavirus deaths over the coming weeks, as fatalities are a lagging indicator — cases rise first, then hospitalizations, then intensive care usage, then deaths.

Now, the state is averaging about 100 daily deaths, a number not expected to exceed 150 over the next month before tapering off. That’s nowhere near the 350 COVID deaths per day that the state saw in January.

“We’ll go up some, but again, not to the levels that we saw back in January,” said Dr. David Lakey, the vice chancellor for health affairs and chief medical officer at the University of Texas system, referencing the forecasts.

Still, the precipitous rise in hospitalizations is a cause for concern. More than 12,000 Texans were in the hospital with the virus on Wednesday, with dozens of Texas hospitals running out of ICU beds (during the winter surge, hospitalizations peaked at just over 14,000). Patients are younger than they were in the first two waves of the virus, and almost everyone facing severe illness is unvaccinated.

[…]

Projection models following Texas’ daily COVID case and hospitalization counts anticipate a rise in deaths in the near future. By mid-September, a model offered by the U.S. Centers for Disease Control and Prevention estimates that the Lone Star State will see about 790 deaths per week, or roughly 113 per day.

Another model, produced by researchers at the Institute for Health Metrics and Evaluation at the University of Washington, projects about 125 deaths per day by mid-September in a worst-case scenario. In both forecasts, it appears that the state has already seen the brunt of its COVID deaths.

That’s largely because the vast majority of Texas’ over-65 population — those most vulnerable to the coronavirus — have received at least one dose of the vaccine, experts said.

“Those that were most at risk of having severe disease have some protection, and that’s good protection because of the vaccine,” Lakey said.

While a spike in hospitalizations and ICU bed usage does portend fatalities, the relationship between those data points will be less “linear” during the third wave, he said. It remains to be seen whether young patients will have other, long-term side effects of the virus — what some are calling “long COVID.”

Deaths will also decrease as more people become vaccinated or recover from the illness, said Dr. Ali Mokdad, a professor of health metric science at the University of Washington’s Institute for Health Metrics and Evaluation. The institute’s researchers estimate that about 74 percent of Texans will be immune to the delta variant, either through infection or vaccination, by Dec. 1.

“The virus is running out of people to infect,” he said.

The forecasts should not be interpreted as an assured outcome, though. Public buy-in on safety precautions, including mask-wearing, will ultimately determine the trajectory of the third wave.

In other words, don’t expect a best-case outcome, because we’re not allowed to do the things we need to do to make this less awful. Note also that while extensive vaccinations among older folks will help to limit fatalities, there will still be an excess of deaths in the coming weeks because of the overfilled hospitals – people with other serious conditions will die as a result, as was the case in the previous waves. Now is a very bad time to have a heart attack or be in a car crash.

At least there is a rise in the rate of people getting vaccinated, now that the threat is so much higher. Some of that is the result of mandates and restrictions on unvaccinated people, some is due to pressures and enticements from employers, and some is due to straight up financial rewards. Whatever it takes, whatever it takes.

SCOTx does what SCOTx does

Room service, as always.

The Texas Supreme Court on Sunday temporarily blocked mask mandates in Dallas and Bexar counties, marking a pivotal moment in the showdown between state and local government as coronavirus cases and hospitalizations surge in Texas.

The ruling comes after several school districts and a handful of counties across the state defied Gov. Greg Abbott’s executive order that restricted local entities from instituting mask mandates. On Friday, the 4th Court of Appeals in San Antonio upheld a lower court ruling that permitted Bexar County to require mask-wearing in public schools. Shortly after, the 5th Court of Appeals in Dallas upheld a more far-reaching order from Dallas County Judge Clay Jenkins that required masks in public schools, universities and businesses.

In a petition for a writ of mandamus to the Texas Supreme Court, Texas Attorney General Ken Paxton’s office said the Texas Disaster Act of 1975 gives the governor power to act as the “‘commander in chief’ of the state’s response to a disaster. Attorneys representing cities and counties that have sued Abbott over his executive order have argued that his orders should not supersede local orders.

“Let this ruling serve as a reminder to all ISDs and Local officials that the Governor’s order stands,” Paxton said in a tweet on Sunday after the ruling.

Abbott’s response to the decision was less pointed, specifying that his executive order does not prohibit mask-wearing.

“Anyone who wants to wear a masks can do so,” Abbott said in a tweet.

See here and here for the background. Abbott’s tweet is pathetic in its misrepresentation of the issue. Masking only works if the people who are sick – whether they know it or not – are in compliance. That means that the people who are most likely to be sick – unvaccinated adults and unvaccinated children, which is all children under the age of 12 – especially need to be masked, and as we very well know, that first group and their children are not ever going to do that voluntarily. My mask doesn’t protect me from you (unless I’m wearing an N-95), it protects you from me. If you’re not reciprocating, it’s not doing us any good. The problem with Greg Abbott is not that he doesn’t understand this, it’s that he values the opinion of the largely unvaccinated and completely indifferent Republican primary voters more than anything else. And so here we are.

As for Paxton, he’s wrong in two ways. First:

And second:

Austin Mayor Steve Adler and Travis County Judge Andy Brown last week required face coverings to be worn inside public schools and government buildings to deal with a surge in local COVID-19 infections. Both insisted the orders remained in effect because Sunday’s court action did not involve local rules.

“While we await a final decision, we believe local rules are the rules,” Adler said on Twitter. “Regardless of what eventually happens in the courts, if you’re a parent, please keep fighting to have everyone in schools masked. We stand with you.”

[…]

A number of other mask mandates rely on trial court orders not yet before the Supreme Court, including restraining orders issued Friday in Travis County for Harris County and a half-dozen South Texas school districts.

Harris County Attorney Christian Menefee said Sunday’s Supreme Court action did not affect his county, and he plans to move forward toward an expected injunction hearing like Dallas and San Antonio.

The Chron story makes the same point. To be sure, Paxton can pursue the same kind of writ against Harris and Austin and those other school districts – several others that have as far as I know not been involved in litigation yet have implemented mask mandates – and when SCOTx issues a final ruling it can and likely will encompass all of the other jurisdictions in its order. But until then, no one other than Dallas and Bexar Counties are directly affected. And for what it’s worth, it’s not clear to me what would happen if they just decide to tell Abbott and Paxton and SCOTx to go pound sand. They haven’t yet, and they may never, but don’t throw out the possibility. The San Antonio Report has more.

UPDATE: Interesting:

I mean, he’s not wrong. And this is what I’m saying about the state’s ability to enforce this. As above, Paxton could go after DISD and make them comply. But until and unless he does, what’s stopping them from continuing on as they had planned?

UPDATE: This too:

At this point it’s not clear to me that anyone truly feels bound by this SCOTx order.

And it’s off to SCOTx for the mandate stuff

It’s where it was always headed.

Texas Attorney General Ken Paxton is taking the mask mandate battle to the state Supreme Court after the state was defeated in its attempts to overturn such mandates in San Antonio and other municipalities.

Paxton made the announcement late Friday night in a tweet that read, “We have taken this mask mandate to the Texas Supreme Court. The Rule of Law will decide. — AGPaxton.”

On Friday, a three-judge panel of the 4th Court of Appeals denied Paxton and Gov. Greg Abbott’s request to overturn a temporary restraining order granted Tuesday that blocked Abbott’s ban on mask mandates and allowed the city to order masks in schools and government buildings.

“After considering the petition and the motion, this court concludes (the state) is not entitled to the relief sought,” Justices Luz Elena Chapa, Irene Rios and Beth Watkins wrote in their Friday ruling.

That same day, the 5th Court of Appeals in Dallas also denied the state’s bid to overturn a mask order by Dallas County Judge Clay Jenkins. And in Travis County, a judge granted similar restraining orders against Abbott to Harris County and the South Texas school districts of Brownsville, La Joya and Edinburg, allowing them to keep mask mandates in place.

See here for some background, and here for a story about the Dallas appellate verdict. As far as I can tell, this hearing will review both of those rulings, and thus will obviously affect the other litigation going on. To that end, Harris County Attorney Christian Menefee has submitted an amicus brief in support of Dallas and Bexar. I have no particular reason to believe that the Supreme Court will do anything other than offer the usual room service to the state, but I have to hope, because what else is there to do? I assume we will know shortly what they think. KXAN and the Trib have more.

Harris County gets its restraining order against Abbott

Step one.

A judge in Travis County on Friday granted Harris County a temporary restraining order, blocking Gov. Greg Abbott’s ban on local COVID-19 restrictions.

The decision by Judge Jan Soifer of the 345th Civil District Court provides legal cover for the county health department, which Thursday issued a mask mandate for schools and day care centers at the direction of County Judge Lina Hidalgo.

“While this decision is temporary, it’s a victory for residents in Harris County who are concerned about this public health crisis,” County Attorney Christian Menefee said in a statement. “We need every tool at our disposal to stop the spread of COVID-19, including masks and other measures that are proven to slow the spread.”

A handful of area school districts, including the Houston, Spring, Aldine, Galena Park and Galveston Independent School Districts, have issued mask mandates. Others said they were waiting to see how the legal battles between the state and local officials are resolved.

[…]

[Harris County Judge Lina] Hidalgo on Aug. 5 moved the county to its highest pandemic threat level, which urges unvaccinated residents to stay home and avoid unnecessary contact with others. She said masks are particularly important in schools because children under 12 cannot yet be vaccinated, which health officials agree is the best defense against COVID-19.

Harris County’s order also requires schools to notify parents when a student comes into contact with someone who tests positive for the virus; the Texas Education Agency advises but does not mandate this.

“At this point, public health interventions like masking, contact tracing and notifications in schools remain (children’s) only protection against the virus,” Hidalgo wrote in a letter to superintendents Tuesday.

In his lawsuit, Menefee said the governor had exceeded the authority given to him by the Texas Disaster Act of 1975, which, he argued, allows Abbott to suspend laws only in certain circumstances.

Abbott and Attorney General Ken Paxton, who was also named in the suit, are almost certain to appeal. The pair pledged in a joint statement Wednesday to sue any “school district, public university or local government official” who violates the governor’s executive order.

Randall Erben, a professor of the University of Texas School of Law, said Abbott has broad powers under the Disaster Act. This situation is unique, said Southern Methodist University law professor Nathan Cortez, because the governor is attempting to limit, rather than enhance, the government’s response to a disaster.

See here for the background, and here for a story about what other area ISDs are doing. I can’t blame any of them for waiting to see how the litigation winds up before changing course, though I would strongly encourage them to be as forcefully on the side of protecting their students and teachers and staff as much as possible.

As noted before, Abbott and Paxton are now appealing the lower court orders that allowed for the mask mandates to go forward for now. So far that isn’t going well for them, either, though that comes with an asterisk:

Yeah, we know that’s where this is going, and there’s no particular reason to be optimistic. It should also be noted that a district court judge in Tarrant County issued a TRO blocking the Fort Worth ISD’s mask mandate in response to a suit filed by some parents. That was a Republican judge, though there was more to the case than just the executive order. It’s not hard to see the partisan split, though. Still, every loss Greg Abbott suffers, even if transitory, is worth it.

Harris County sues Abbott and issues a mask mandate

Quite the busy day yesterday.

Harris County Judge Lina Hidalgo on Thursday issued a mandatory mask order for Harris County schools and daycares, joining the chorus of elected officials in the Texas’ larges cities in defying Gov. Greg Abbott’s order prohibiting local COVID-19 restrictions.

Hidalgo’s order requires students, teachers, staff and visitors to K-12 schools and daycare centers to wear face coverings. Schools also are required to notify parents when a student has close contact with someone who tests positive for the virus.

“There’s an unwritten contract between parents and their schools — and it’s that when our children are under the care of their schools, they do everything they can to keep them safe,” Hidalgo wrote in a letter to superintendents.

Houston ISD’s board of trustees already is expected to vote Thursday on a mask mandate proposed by Superintendent Millard House II. House announced he would bring such a proposal to the board last week.

Earlier on Thursday, County Attorney Christian Menefee filed a lawsuit challenging Gov. Greg Abbott’s executive order prohibiting local authorities from issuing COVID-19 restrictions, such as mask and vaccine mandates.

Menefee told the Houston Chronicle Tuesday evening that he believes the July 29 order violates the Texas Disaster Act of 1975, which he said grants the governor the power limited authority to suspend laws.

“In his orders, he’ll suspend two to three laws specifically by name, and then he’ll say ‘any other laws that could allow a local official to do something inconsistent with what I’m doing,’” Menefee said. “That’s not how a democratic society works. You have separation of powers.”

Commissioners Court had previously authorized Menefee to file suit.

The move came at the end of a whirlwind day where local officials in Dallas and San Antonio prevailed — at least temporarily — in their own legal challenges to the governor’s order.

In Houston, the three Democrats on Commissioners Court voted to allow County Attorney Christian Menefee to bring his own case, over the objections of the two Republican members.

Menefee said he is undecided but leaning toward filing suit; he said the county would seek a temporary restraining order preventing the state from enforcing Abbott’s July 29 executive order prohibiting local governments from issuing local COVID-19 restrictions.

Abbott is exceeding his authority under the state Disaster Act of 1975, Menefee argued, which the county attorney said allows the governor to suspend laws in only narrow circumstances.

“What he’s doing is not helping in furtherance of coping with the disaster,” Menefee said. “Instead, he’s basically taking this power and turning it into a mechanism to tie local officials’ hands. The problem is none of the justifications he’s providing make any sense.”

See here for the background. Obviously, County Attorney Menefee made up his mind since then. Filing this suit, in the same manner as several other jurisdictions, was I think a straightforward choice. Winning it will be another matter.

If the past is any guide, the local governments are unlikely to prevail in court, said University of Texas School of Law Adjunct Professor Randall Erben. Governors have broad power under the Disaster Act, he said, noting that the state Supreme Court sided with Abbott when Travis County attempted to enact a New Year’s Eve curfew for restaurants.

“Given the precedent and given the broad discretion the governor has under that act, he’s probably on pretty solid ground,” Erben said.

The San Antonio Report consulted another expert with a similar opinion.

Political science and law experts agree that the local governments’ mask mandates have an unfavorable path forward, ending with the Texas Supreme Court; all nine justices are Republicans and have shown little appetite for ruling against the governor.

[…]

Despite the crisis, St. Mary’s University School of Law professor Michael Ariens believes the lawsuit’s ultimate success is a “long shot.”

Attorneys for the city and county relied on a dissenting opinion from a judge on the 8th Court of Appeals in a mask mandate case involving El Paso County, Ariens said: that Texas law does not allow the governor to suspend laws giving local governments the ability to respond to public health crises as they see fit.

“A decision by a dissenting [opinion] of the court, while sometimes correct,” Ariens said, “is not as helpful as a decision from a majority of the court.”

But getting the temporary restraining order granted in the first place puts San Antonio and Bexar County in a stronger position, he said, as it allowed the city to get a mask mandate in place in public schools and public facilities. That means “the ball is in the state government’s court,” he said, which will have to make a move “if it wants to change the status quo before Monday.”

A hearing is scheduled Monday morning; lawyers representing San Antonio, Bexar County, will ask to extend the temporary restraining order into a temporary injunction. If granted, the mask mandate would remain in place until trial or until the decision was appealed.

[…]

Abbott’s swift action to get a temporary restraining order lifted was expected, as the governor would not want to be seen as weak while school districts and local governments defy his executive order, said Jon Taylor, professor of political science and chair of the department of political science and geography at the University of Texas at San Antonio. But no matter the ultimate outcome, Taylor said, Abbott’s political standing will likely remain unaffected.

“A week is a lifetime in politics and this can radically change, but if the governor wasn’t hurt by what happened with the electric grid and the winter storm in February — and for the most part, he seems to have not been hurt by it — it’s probably the same kind of calculations here when it comes to the masking order and mandatory versus voluntary vaccinations,” Taylor said.

Henry Flores, professor emeritus of political science at St. Mary’s University, had a slightly different take. He believes the collective force of school districts, county judges, and mayors could push the weather vane in the opposite direction.

“He’s playing a tough game with everybody, but if enough people stand up to him and cause enough of an uproar, he’ll back down, I think,” Flores said. “And that might be the safe investment for him to make. … It’ll become too much of a political annoyance for him, and it could end up costing him dearly. He’s going to have to weigh all that.”

If the case moves quickly, and the Texas Supreme Court vacates the temporary restraining order, “chaos” could ensue, Taylor said. Not only would the back-and-forth cause further confusion among parents of schoolchildren, but leaders of Bexar, Dallas, and Harris counties could simply refuse to stop requiring masks.

“This is not some sort of radical rebellion,” he said. “You’re talking about school districts that are following CDC guidelines on masking. The other thing is this: because there’s enough prosecutorial discretion that’s involved, it takes time — obviously justice takes time — and any sort of delay in court action could be months from now, long after, hopefully, the crisis and the spike in delta has passed. It could all be a moot point by then anyway.”

I would quibble with the assertion that Abbott took “swift” action – as you know, I’ve been marveling at how long it took him to respond. Be that as it may, the point about the counties just not moving to undo what they have ordered is an interesting point. Abbott may win in court, but that doesn’t mean he’ll get his way, at least not right away. And I’d bet none of those county judges suffer for any of it politically, either. We have a ways to go before this is truly settled.

UPDATE: The HISD Board approved the mask mandate that Superintendent House requested.

HISD to consider mask mandate

This would be a big deal, for all the obvious reasons.

Houston ISD Superintendent Millard House II said Thursday he plans to bring a mask mandate for ratification to the district’s board meeting next week, setting the stage for the state’s largest district to potentially buck a gubernatorial executive order banning such mandates.

Under the proposed mandate, all district students and employees would be expected to wear masks in facilities and buses, House said during Thursday evening’s board meeting.

If approved, the mandate would be among the first of its kind issued by a public school district in the Houston area, and apparently the state, since Gov. Greg Abbott issued an executive order prohibiting such directives.

[…]

It was not clear Thursday night if other districts plan to follow House’s initiative.

“We know that we are going to get pushback for this,” House said. “We are not going to be able to please everybody. But what we have to understand is: If we have an opportunity to save one life, it is what we should be doing.”

In revealing the proposal, House noted Harris County Judge Lina Hidalgo on Thursday returned the county to the highest COVID-19 threat level and cited an increasing two-week positivity rate in the county and skyrocketing hospitalizations.

“As superintendent of schools of the largest school system in the state of Texas, that concerns me,” House said. “It concerns me greatly.”

If approved, the mandate will bring the district closer to recommendations from the Centers for Disease Control and Prevention, which in updated guidance suggested all individuals in schools not fully vaccinated against COVID-19 wear a mask indoors.

Children younger than 12 remain unable to get vaccinated.

Abbott’s order prohibited governmental entities from requiring masks. Any local governments or officials who tried to impose such an order could be subjected to a fine of up to $1,000, according to Abbott’s office.

It was not clear how the fine would be given to school districts that challenged the order or whether any entities that announced mandates this week had been fined already.

Here’s the statement from Superintendent House. As noted, Harris County is back at the highest threat level, and Mayor Turner has ordered city workers to wear masks, also presumably in violation of Abbott’s order, so far without any repercussions. It’s hard for me to imagine that Abbott would let this go by, but all we can do is process the events that occur.

Also as noted, other Houston-area school districts were not planning to defy Abbott, though I’m sure they’re watching to see what happens here. What’s puzzling and infuriating is that the updated TEA guidance to school districts says that schools now don’t have to inform parents of positive COVID cases (though they do have to report that information to state and local health departments, and they also don’t have to contact trace, but if they choose to do so, parents can still choose to send their kid to school if they are a “close contact” of a positive COVID case. It’s almost maximally designed to be risky. There is some limited allowance for remote learning, and I don’t know how that may play out. We’re approaching September as if it were still May.

Superintendent House’s proposed action here – it would still need to be approved by the HISD Board of Trustees, who may decide that’s a step too far – is bold but carries a lot of risk. We don’t know what kind of blowback House and HISD could face from Abbott, who clearly values his primary campaign and pandering to the most extreme members of his party more than anything else. When he finally lashes out – again, I cannot imagine him letting this slide – it’s going to be ugly. But against that, Superintendent House has the best of reasons for his action – putting the safety of the kids and the teachers and the staffers first. I’m on his side and I’m impressed by his willingness to take a stand. We’ll just see how far it can go.

Back to Code Red

Pretty much inevitable at this point.

Harris County Judge Lina Hidalgo on Thursday returned the county to the highest COVID-19 threat level and urged unvaccinated residents to stay home and avoid unnecessary contact with others.

At a news conference, Hidalgo and Mayor Sylvester Turner pleaded with residents to get vaccinated, wear masks in public settings, and avoid hospitals except for life-threatening conditions.

“We find ourselves retracing our steps toward the edge of a cliff,” Hidalgo said. “It’s very conceivable that we can once again be heading toward a public health catastrophe.”

[…]

The county’s data report Wednesday evening showed how far and fast the situation has deteriorated: an explosion of new cases and a positivity rate of 16 percent. Hospitalizations in the Houston area have increased for 20 straight days and show no signs of slowing; they are on pace to set a pandemic record in about a week.

At its heart, the stay-home request of unvaccinated residents is toothless. Hidalgo lacks the authority to enforce it, let alone issue less restrictive edicts, such as mandatory mask wearing. As one of the most popular local elected officials, however, she hopes to shake residents from a sense of complacency that the pandemic is over.

“I know there’s a lot of conflicting messages, there’s a lot of confusion, so I don’t want to talk about what I don’t have the ability to do,” Hidalgo said of the state pre-emptions. “The truth of the matter is, the best we can do right now, the most we have the authority to do right now, is what we’re doing. So, we’re going to continue to make the most of that and really be direct about what we want the community to do.”

The mayor, who bucked the governor in requiring city workers to wear masks this week, said the numbers would dictate the city’s response to the virus. As of Thursday, 197 city employees had active cases of COVID-19.

“The numbers will dictate my response, and then we’ll deal with whatever happens after that. But I’m not going to be constrained by some order,” Turner said. “Wherever this virus goes, and whatever we need to do to check it and to save lives, is what I’m prepared to do.”

As the story notes, several other big counties have taken this step already, and more will surely follow. For those of you who like visuals, here you go:

Not a pretty picture at all. There’s nothing more Judge Hidalgo can do, since Greg Abbott has cut off any power that local officials had once had. I note that as of this writing, Mayor Turner’s employee mask mandate has not yet drawn a response from Abbott or Paxton. Makes me wonder if there’s more room to push the envelope a little, or if further provocation will draw their wrath.

While we can count on Judge Hidalgo to do everything she can to mitigate the spread of the virus, we can also count on her colleague to the north to do nothing.

COVID-19 cases and hospitalizations are continuing to increase dramatically in Montgomery County and around the region as the delta variant surges in unvaccinated residents.

While the Department of State Health Services recently started tracking cases in vaccinated people and specific data is not yet available, county health officials are reporting most new cases in unvaccinated residents.

“We can say that the vast majority of new cases, hospitalizations and deaths have not been vaccinated,” said Misti Willingham with the Montgomery County Hospital District. “Vaccines help reduce the risk of severe illness, hospitalization and death. Being vaccinated does a great job prepping your immune system should you encounter the virus.”

[…]

According to data from the health district since July 7, total hospitalizations in Montgomery County increased from 42 to 238 with 48 of those patients in critical care beds. MCPHD noted 157 of those 238 are Montgomery County residents.

The county’s active cases jumped 767 to 4,219. Since July 7, active cases in the county have surged by 3,624. The county’s total number of cases is now 60,941, increasing from 55,838 since July 7. Additionally, the county added three more reinfections bringing that number to 26.

However, health officials did not report any additional deaths from the virus. The total number of deaths remained at 354.

The county’s testing positive rate has climbed from 4 percent in early July to 19 percent. To date, 30,742 people have fully recovered.

Note there’s no comment from Montgomery County Judge Mark Keough in that story. Which is just as well, because when he does talk, this is the sort of thing he says. I have no words.

Since it’s all up to us to keep ourselves safe, we may as well remind ourselves of what we can do. Or at least, what we could do with just a little cooperation from our state government.

With COVID-19 cases and hospitalizations growing exponentially in Houston and Texas, responsibility for blunting the surge is still largely a matter of personal choices, leaving medical and public-health professionals pleading with Texans to be vaccinated, mask up and maintain social distancing.

On Wednesday, Texas reported 8,130 hospitalizations, a 44 percent increase since last Wednesday. At Texas Medical Center hospitals, 311 patients were hospitalized for COVID, up from 61 only a month before.

“When all the indicators head in the same direction, that gives you a good idea,” said epidemiologist Catherine Troisi, who teaches at UT School of Public Health. “Right now everything is looking bad.”

[…]

“Delta is so transmissible, it’s picking off anyone who’s unvaccinated,” said Peter Hotez, co-director of the Texas Children’s Hospital Center for Vaccine Development and dean of the National School of Tropical Medicine at Baylor. “That’s what’s been happening in Louisiana and Mississippi, and now it’s starting here.”

Of the three main strategies to blunt the effect of the coming surge — vaccinating, masking and social distancing — Hotez favors vaccinations, and says it’s crucial to administer as many as possible immediately.

“If we wait until mid-surge, a vaccine campaign will be much less effective,” he said. “If ever there were a time to vaccinate, it’s now.”

He continued: “The single best thing we could do is mandate vaccinations for schools, but in Texas we’re not even talking about that. We can’t even mandate masks.”

Troisi agreed that urging individuals to act responsibly isn’t enough.

“From a public health standpoint,” she said, “we need to get people vaccinated, and we need to increase testing. Maybe we don’t have to mandate vaccines. But you shouldn’t be able to go into Target or eat at McDonald’s if you’re not vaccinated. There have to be consequences for not getting the vaccine. You can’t just put other people at risk.”

The delta variant moves faster than previous coronavirus strains, notes Spencer Fox, associate director of the UT COVID-19 Modeling Consortium.

“With the traditional coronavirus, if someone is infected, on average they’re infectious starting two-and-a-half days after infection and show symptoms at five days,” he said. “But with delta, a key difference is that the time between exposure and being infectious is shorter by a day.”

A percentage of people infected today are almost certain to need hospitalization within one to two weeks. So preventive measures taken today, he said, “will help reduce hospitalizations a week from now, and will have major impacts two weeks from now.”

In other words, all of the same risk-minimization techniques we had before, back when we didn’t have an amazingly effective vaccine that was free and available to everyone over the age of 12 to really truly minimize the risk. I’m going to boil it all down to “get you and everyone in your family who is eligible vaccinated, and do everything you can to avoid any contact with unvaccinated people”.

For sure, stay the hell away from this.

Texans for Vaccine Choice will host a rally on the steps of the Texas Capitol later this month, protesting “the current state of medical mandates” as the state grapples with a surge in COVID-19 cases and stagnating vaccination rates.

The rally is scheduled for Aug. 21 at 11:30 a.m. A panel discussion will address the state’s current COVID protocols and vaccine requirements.

“I’m speechless,” Dr. Peter Hotez said Thursday morning. “To do that when there’s a public health crisis, with COVID rates going up — it’s terrible.”

As someone once said, terrible is as terrible does. If the COVID they will spread could be limited to just them it would be one thing. But it’s not, and so here we are.

Will TxDOT pull funding from the I-45 project?

It could happen.

Supporters of state plans to rebuild Interstate 45 from downtown Houston northward trekked to Austin on Thursday to keep the imperiled project on pace, fearing the region could be stuck with an aging freeway and no sign of relief.

Urging state officials to stay committed to the project — and, most importantly, pay for it — supporters said it is up to highway officials to deliver the benefits they say will help heal issues of racial and income inequity raised by opponents.

[…]

Fifteen years in the planning, the project to rebuild I-45 around the central business district and north to Beltway 8 near George Bush Intercontinental Airport is estimated to cost $9 billion but can start construction only if the Texas Department of Transportation keeps its money on the project. Members of the Texas Transportation Commission, who oversee TxDOT’s spending, are considering removing all phases of the project from the state’s 10-year plan, essentially shelving it until Houston-area leaders and highway planners can come to agreement.

As part of the decision-making process, commissioners will hold a public comment session Monday and accept input via mail, phone, email and online forms until Aug. 9. The commission is scheduled at its Aug. 31 meeting to decide whether to remove the project from the annually updated 10-year plan. If removed, the rebuild would need to be reinserted into the plan, allowing TxDOT to redirect the money to other highway expansions or rebuilds in the meantime. Most of the money would have to remain in TxDOT’s Houston region that covers Brazoria, Fort Bend, Galveston, Harris, Montgomery and Waller counties.

Yes, that is the infamous I-45 survey. You still have time to fill it out.

Critics said the pause gives officials ample time to rethink the design but that a last-ditch online survey with a yes-or-no vote is not a way to come to agreement.

“Honestly, we are on the same team and we want the same things for all of the communities,” said Molly Cook, an organizer of the Stop TxDOT I-45 group opposed to the project. “We want economic development, we want to reduce flooding, we want safety, people to be able to move through the region freely. This is not the answer.”

Cook was one of two speakers Thursday among about a dozen opposed to the project. Transportation officials limited public comment to one hour as part of their meeting.

A larger turnout of opponents is expected for the full public hearing Monday. Stop TxDOT I-45 has continued walking door to door in affected communities where hundreds of homes and businesses could be impacted, as community business groups mounted an aggressive online campaign in support of TxDOT.

“You can find a way to connect this project with something someone cares about,” said Ben Peters, a Stop I-45 volunteer, as he walked in Fifth Ward on Saturday.

Opponents, Mayor Turner and Harris County Judge Lina Hidalgo have said that rather than widen the freeway, more of it should be converted to accelerate Metropolitan Transit Authority buses, replacing two managed lanes with, perhaps, a transit-only lane and dedicated stations along the freeway.

TxDOT, while incorporating some changes from more than 300 public meetings over the past decade, has not wavered from the managed lanes plan, saying some of the suggested changes are too significant and would set the design process back years. Regional officials repeatedly approved those designs, TxDOT leadership noted.

“I-45 is established as one of the most pressing candidates in our region for TxDOT to make improvements to address safety, traffic delays and potential emergency evacuations,” said Craig Raborn, director of transportation services for the Houston-Galveston Area Council, which doles out some federal transportation money in the region.

H-GACs Transportation Policy Council supports the project but has encouraged critics and TxDOT to keep addressing differences. The policy council’s chairman, Galveston County Commissioner Ken Clark, urged his county leadership this week to write a letter in support of the project.

I kind of have a hard time believing that TxDOT would pull the money from this project – which would not kill it but would move it to the back of the line while the current funds were used on other projects – but I can imagine them getting a little antsy. We’ll know soon enough.

July 2021 campaign finance reports: Harris County

PREVIOUSLY: Congress

There will be plenty of crucial races in Harris County in 2022. Because of the Democratic sweep in 2018, all of the countywide offices are held by Dems, meaning this is the first non-Presidential year in which Democrats will be running for re-election. That also includes two of the three Democratic members of Commissioners Court, which obviously has played a huge role in Harris County politics these past two-plus years.

It’s early in the cycle, but that doesn’t mean that no one has an announced opponent. There are a few names out there that I hadn’t heard before I went looking. That’s another reason why these July-the-year-before rituals are worth doing – you never know what you’ll find. With that, let’s get started.

Lina Hidalgo, County Judge

Adrian Garcia, County Commissioner, Precinct 2
John Manlove, County Commissioner, Precinct 2
Jack Cagle (SPAC), County Commissioner, Precinct 4
Clarence Miller, County Commissioner, Precinct 4

Teneshia Hudspeth, County Clerk

Marilyn Burgess, District Clerk
Desiree Broadnax, District Clerk

Dylan Osborne, County Treasurer
Stephen Kusner, County Treasurer


Name             Raised      Spent    Loans    On Hand
======================================================
Hidalgo         660,776    102,858    1,400  1,023,311

Garcia          948,820    102,120        0  1,735,396
Manlove          53,750         46   10,000     53,703
Cagle           990,021    164,080        0  1,291,557
Miller           10,243      2,093        0      8,013

Hudspeth          1,066      5,597    1,000      6,162
Burgess           3,068      7,207        0      8,207
Broadnax            325         75        0        249
Osborne               0        174        0        505
Kusner              100          0        0        100

Probably a few names on there that you don’t recognize as well. Let’s take it from the top.

The big question surrounding County Judge Lina Hidalgo, now that she has officially announced her re-election bid, is whether she would draw a primary challenger. As we’ve discussed before, there are many reasons why someone might challenge Judge Hidalgo in the primary, none of which are directly related to the job she has done. One thing that may scare off potential rivals is a show of force in the fundraising department, which I’d say we have here. Hidalgo was not a big fundraiser in 2018, which is no surprise given she was running against a well-established incumbent and was a first-time candidate that was widely underestimated. She has stepped things up in the last year – as of July 2020, she had $371K on hand, after having raised $173K in that filing period. She wasn’t on the ballot, and surely didn’t want to compete with Dems who were, but still. She’s showing she can raise money with anyone, and she would start out in a primary with a big cash advantage. Maybe that scares off competitors and maybe it doesn’t, but it definitely sends a message.

I should note that if you search for campaign finance reports on the HarrisVotes website, and you sort by Office, you will see that there is another person listed for County Judge, Juanita Jackson. My first thought was that she is challenging Hidalgo next year, but I needed to double check that, because we have seen people whose intended office is actually one of the County Court benches be listed like this before. Indeed, it appears that Jackson is really running for Harris County Criminal Court #10 – the picture there matches the one on her Facebook page, and it appears she may have run for a similar position in 2010. I feel pretty confident she is not challenging Judge Hidalgo but the incumbent judge on that bench, Lee Harper Wilson.

Both of Hidalgo’s colleagues on Commissioners Court who are up in 2022 do appear to have opponents, though both are November challengers. Running against Commissioner Adrian Garcia in Precinct 2 is John Manlove, a former Mayor of Pasadena and a two-time Congressional candidate. He previously ran for CD22 in 2008 – he finished third, behind Shelley Sekula Gibbs and eventual winner Pete Olson – and for CD36 in 2014, following Steve Stockman’s switch to the Senate race – he finished third again, though this time much farther out of the money. Of his modest total, all but one donation was for at least $1,000, so this is not what you might call a grassroots movement. His report lists a $10,000 contribution to himself, and also a $10K loan – it’s on the Subtotals page, not the topline summary. I don’t know if the is an error is in how he filled out the form or if he double-counted that $10K. Not that big a deal, and he may file a corrected report, we’ll see. Garcia’s total speaks for itself and it’s what you’d expect from someone in his position.

The same can be said for Jack Cagle, who has been a Commissioner for longer than Garcia but who is (for now, at least) in a less competitive district. Remember, Commissioners Court will be redistricted as well, and we have no idea yet what that map will look like. Clarence Miller has been running for this position for awhile – I know I have spoken to him, maybe in early 2020, it must have been in person because I can’t find a written message. He doesn’t have a lot of cash to show for it yet, but he’s there and he’ll have an easier time of things when in person events begin happening with frequency again.

Teneshia Hudspeth was on the ballot in 2020 to complete the unexpired term of office that had been vacated when Diane Trautman resigned. She is now running for a full term and has no opponents as yet. Generally speaking, County Clerk is not a big fundraising office, so her totals here are perfectly normal.

The other two incumbents, both in their first terms, appear to have opponents. Desiree Broadnax looks like a primary opponent for District Clerk Marilyn Burgess, and according to her personal Facebook page, she works at the Harris County District Attorney’s office. I didn’t find anything for “Stephen Kusner” at first, until I made the obvious decision to look for Steve Kusner, and there I found the announcement of his candidacy. While I infer that Desiree Broadnax is a Democrat, it’s quite obvious that Steve Kusner will be running as a Republican. As with County Clerk, neither of these races draws much in the way of campaign contributions. Everyone will rise or fall more or less on the topline partisan vote in the county.

Finally, while I didn’t include them in the table above, there are two other reports of interest. As you know, I’ve been checking in on the finances of the late El Franco Lee, since there was over $3 million in his account at the time of his death. While there was a report in 2019 that “all campaign funds have been allocated for the El Franco Lee campaign account in accordance with the guidelines from the Texas Ethics Commission”, there still remains $900K in his account, with expenditures of just $1,000 over the past six months. The deadline for disposing of the rest of that is 2022.

The other report belongs to the now-retired Steve Radack, who remains with $1.1 million on hand. As with Lee, he can give it to other candidates or campaigns, the state or county Republican Party, the state treasury, a tax-exempt charity, a school or university for a scholarship program or as a refund to donors who gave in the final two years the candidate accepted contributions. He has a deadline of 2026 to do something with the funds.

So that’s what’s going on at the county level. I’ll take a look at the city of Houston – yes, I know, there are no municipal elections, but they can fundraise now and I like to check in – and HISD/HCC next. Let me know what you think.

The I-45 survey

Who thought this was a good idea?

The fate of the massive $9 billion project may depend on how many people who agree with Smith or agree with Davies fill out an online poll — after 15 years of planning, design, discussions, political maneuvering and $503 million. The Texas Transportation Commission, citing the dust-up over the final design, a lawsuit filed by Harris County and a federal review, is considering whether to remove the rebuild from the state’s 10-year transportation plan.

The process state transportation officials are using to inform their decision — a 30-day comment period, a public hearing and an online poll that asks respondents to proceed with the project as designed or remove it from the state’s upcoming project list — has drawn alarm from critics who want more opportunity to discuss changes rather than abandon the rebuild altogether.

“A survey is not public engagement,” Houston Mayor Sylvester Turner said. “Further, this survey is framing a false choice. We do not intend to play their game.”

Many fear the state — if it does not get full-throated support — simply will pull the project and leave one of the spines of the local freeway system a crumbling mess.

If removed from the state’s 10-year unified transportation program, updated annually and approved by the commission, the planned rebuild of I-45 from downtown Houston to Beltway 8 would be shelved. That would leave drivers and residents waiting months, maybe years longer than promised for two managed lanes in each direction, updated and additional rainfall detention, wider frontage roads and upgrades bringing some aging parts of the freeway up to current standards.

See here for the previous entry. My first thought in reading this story was “SurveyMonkey? Really? How sure is everyone that this can’t be hacked or spammed?” But Mayor Turner in his full statement and Michael Skelly on behalf of the Make I-45 Better Coalition articulate a different problem: The survey doesn’t have enough choices. From Skelly’s email:

The worst part is that the only two options on the public comment form are both flawed:

  1. Supporting the I-45 expansion exactly as it’s designed — despite the many flaws we’ve previously discussed, or
  2. Rejecting the I-45 expansion entirely and removing all funding for it

What about keeping the funding, but building a redesigned project that actually supports the residents and environment of the City of Houston? We could “make I-45 better” by—for example—following the alternative designs that the City of Houston Planning Department unveiled after listening to many, many public comments. The City of Houston pushed for a Vision C which would have accommodated transit, reduced rights of way impacts, and saved money, but TxDOT completely ignored the City’s suggested plan. If TxDOT truly cared about the public, they would allow for a better, safer project to be built.

Just to be clear—despite a new public comment period opening, the I-45 project has not changed since the last comment period in 2020, following the release of the Final Environmental Impact Statement (FEIS).

Having a third choice would risk not getting a majority in favor of any one option, but it would be a better gauge of what the public actually wants. As configured, there’s an even higher risk of “be careful what you ask for”.

In the meantime, you have until August 9 to submit your comments, and there’s an online public engagement on August 2. See the Skelly email for all the details. I have no idea what might happen here, but you should make your voice heard while you can.

The fourth wave

We’re not ready.

One local hospital is reinstating visitor limits and Harris County Judge Lina Hidalgo is mulling a change to the county’s threat level amid a wave of COVID-19 variant cases that medical leaders warned Tuesday could overwhelm area hospitals and wreak further havoc as schools reopen next month.

The warning came amid massive spikes in hospitalizations across the Houston region, which Hidalgo’s office is closely monitoring to decide if the county needs to raise its emergency threat level from yellow to orange — or moderate to significant.

“We’re watching this very, very closely,” Hidalgo spokesperson Rafael Lemaitre wrote in an email. “The trends are moving in the wrong direction again and we are in a high-stakes race against the delta variant of this virus. Our message to the community is simple and clear: If you haven’t been vaccinated, take action now.”

In May, Hidalgo lowered the threat level from red — where it had been for nearly a year — to orange, then yellow a few weeks later, as COVID cases waned statewide.

But this month, hospitalizations across the state have more than doubled, ballooning from 1,591 on July 1 to 3,319 as of Tuesday, according to the Texas Department of State Health Services. The state’s hospitalization count peaked in January at 14,000.

Texas Medical Center CEO William McKeon said he fears the closing of many testing centers will make it more difficult to gauge the extent of COVID’s spread in the coming weeks.

“As this fourth wave begins in force, our radar is down,” Texas Medical Center CEO William McKeon said in a Tuesday conference call with reporters. “We have only a fraction of the testing…. We’re going to be running much more blind to the spread of delta variant in our community.”

[…]

Memorial-Hermann Health System plans to readopt visitor restrictions this week, and will test all patients for COVID, regardless of their vaccination status, said Dr. Annamaria Macaluso Davidson, vice president of employee health medical operations.

The hospital system had about 100 confirmed COVID cases on July 4; by Tuesday, there were more than 250.

We’ve been discussing this, and you know how I feel. The hospitalization numbers are still relatively low, but that’s a sharp increase, and there’s no reason to think there won’t be more. And I hadn’t even thought about the drastic reduction in testing facilities – I don’t know how big an effect that may have, but it’s not going to help.

I drafted this a couple of days ago, and before I knew it, Judge Hidalgo had already taken action.

Harris County’s emergency threat level was raised to orange — or “significant” — on Thursday and County Judge Lina Hidalgo called for resumed mask wearing amid a fourth wave of COVID-19 that has already caused hospitalizations to spike across the region.

“It’s not too late,” Hidalgo said. “But if we don’t act now, it will be too late for many people…. We are at the beginning of a potentially very dangerous fourth wave of this pandemic.”

The guidelines for the orange threat level are voluntary, and urge residents — namely those who are not vaccinated — to avoid large gatherings and businesses with poor safety procedures.

Hidalgo also said “everyone” should resume wearing masks to protect the County’s population who are not fully vaccinated. Currently, about 2.1 million county residents are fully vaccinated — 44 percent of Harris County’s total population.

She noted the county’s positivity rate is now doubling about every 17 days, quicker than any other point in the pandemic.

Get your masks back on, and hope for the best. I trust Judge Hidalgo to do everything she can to ameliorate this situation, but as we know, there’s not a lot she can do. Greg Abbott has seen to that.

One thing that could help is if more places of business begin putting in their own vaccination requirements, mostly for employees but also possibly for customers or business partners, depending on the situation. Putting some limits on what one can do as an unvaccinated person is one of the few effective ways to compel people to get their shots. That will have to come from the private sector, because it sure won’t come from the state. The FDA giving final approval to the Pfizer and Moderna shots will help, too. I just don’t know how long we can wait.

What will Harris County do about rising case numbers?

I’m afraid we’ll find out soon enough.

The Harris Health System’s COVID-19 ward was down to just one patient at the beginning of July.

Anxious to hit zero COVID-19 patients, Dr. Esmaeil Porsa, the hospital system’s CEO, purchased and stored a bottle of Martinelli’s sparkling grape juice — “fake champagne” — in his refrigerator. If the COVID ward emptied out, he would drive to Lyndon B. Johnson Hospital, one of the system’s two medical centers, to celebrate with doctors and nurses.

Instead, the numbers went the opposite direction. As of Friday morning, nurses were treating 14 COVID patients at LBJ Hospital.

“We really had the opportunity to have this darn thing beaten,” Porsa said.

COVID-19 infections are climbing upward again in Houston and Texas as vaccine rates lag, the delta variant spreads and people return to their normal lives.

Most of the patients admitted to hospitals for COVID-19 are unvaccinated or have received just one dose of the Pfizer or Moderna vaccines, Porsa said. None of the 119 people who have died from COVID-19 at Harris Health since January were fully vaccinated.

“If that is not reason enough for us to change our attitudes toward a simple, accessible, proven safe and proven effective prevention … I’m just losing my mind,” Porsa said.

Hospitalizations across the state have increased by more than 75 percent in recent weeks: On June 27, 1,428 hospital beds were filled; by July 15, the number had reached 2,519.

According to KHOU, “Almost every county in the area is seeing an increase in new cases”, and “Daily new cases in the Greater Houston area have jumped about 65% in the last two weeks”. (Cases and hospitalizations are rising nationally, too.) They show data from Harris and its surrounding counties except for Liberty and Waller. Harris has the lowest percentage increase, but it’s the biggest county so its sheer numbers are the highest.

We know how Travis County is responding to its increase in cases. Harris County had dropped its threat level to Yellow in May. Are we looking at a step up again?

Harris County Judge Lina Hidalgo has yet to announce any rollbacks for the region.

“There is no conceivable reason why a single additional hospital bed in our healthcare system should be filled with someone who is sick from COVID-19 when vaccines are readily available and free,” said Rafael Lemaitre, a spokesperson for Hidalgo’s office.

Vaccination rates plateaued in late April amid high hesitancy rates and difficulty accessing immunization sites. In recent months, health officials piloted financial incentives such as scholarships to encourage younger people to sign up for an appointment.

Stay tuned on that. Maybe there’s some headway to be made with younger people, whose vax rates are the lowest among age groups. Better happen quickly, that’s all I can say.

FBI looking into Constable “bachelor party sting” mess

Never a good sign.

Constable Alan Rosen

Federal investigators are probing the Harris County Precinct 1 Constable’s Office after several current and former female employees accused superiors of sexually exploiting them during undercover anti-human trafficking operations, a lawyer for the women confirmed Thursday.

Attorney Cordt Akers, who is representing several of the women, confirmed Thursday that federal investigators had subpoenaed his clients to learn more about their allegations.

“Our clients have been in full cooperation with the federal authorities in their investigation into the horrible misconduct in the Precinct 1 Human Trafficking Unit,” he said, in response to questions from the Chronicle. “The serious nature of these crimes deserves serious attention, and we are happy that this conduct will no longer go unchecked.”

FBI Spokeswoman Christina Garza declined to comment on the case.

“Per Department of Justice policy, the FBI does not confirm or deny the existence of any investigation,” she said.

[…]

In an emailed statement, County Judge Lina Hidalgo said she was “aware” of the allegations and “obviously concerned,” but said the lawsuit prevented her from saying anything more.

Precinct 2 Commissioner Adrian Garcia — who has previously clashed with the constables over questions about efficiency or redundant or wasteful law enforcement operations — said the FBI “must have the opportunity to thoroughly investigate these allegations.”

“Without knowledge of specific facts, this is not a time to speculate on what may have transpired,” he said. “That being said the allegations that have been made public are extremely disturbing and these women deserve to have their allegations thoroughly investigated.”

See here, here, and here for the background. I did call for an outside investigation into this case. Not what I had in mind, but it counts. Unless something leaks, we’re not going to know any more about this until such time as the FBI finishes its business. So sit back and wait patiently, and be glad you’re not Alan Rosen right now. The Press has more.

Back to the public input phase for I-45

They hear, but will they listen?

Hemmed between a request for a pause by federal highway officials and an outcry from opponents, planners of a massive rebuild of Interstate 45 in Houston are taking their plans back to the public in what may be a last effort to keep the project on pace.

The Texas Transportation Commission on Wednesday said more public scrutiny is needed of the plan for remaking I-45 north from downtown Houston to Beltway 8.

“Basically, let’s take this project and put it back out for public comment … then we will see where we go from there,” Commission Chairman J. Bruce Bugg said.

Additional public input on the I-45 project — at least the seventh time state officials have asked for comments — will be accepted via the month-long comment process for the Texas Department of Transportation’s 10-year plan, set to start July 7. The decision to seek more public comment, should it lead to the project being delayed or removed from the plan, was viewed as a necessary but unfortunate step by commissioners.

“I think it is very sad that we are at the point we are at with this particular project with regard to the amount of work and the amount of public engagement,” said Commissioner Laura Ryan, who lives in Houston.

Tying the project to the long-range plan is significant because as costs increased to a current estimate of $9 billion for the work, it represents about $1 of every $8 Texas will spend on highways during the next decade.

Officials estimate TxDOT has spent $503 million developing the project to this point. Delaying or significantly redesigning the project could make it the costliest highway hiccup in Texas history, far exceeding the $15 million spent on the Trans-Texas Corridor more than a decade ago before the planned tollway got the heave-ho.

[…]

The Federal Highway Administration in March asked TxDOT to pause development activities on the project. That was clarified in a June 14 letter to include any property acquisition and final design efforts after opponents found people still were receiving property offers.

“We’re frustrated that it’s taken the federal government stepping in to get TxDOT to do the right thing,” said Molly Cook, a Stop TxDOT I-45 organizer.

The right thing, however, is what remains in dispute. Supporters have increased their pressure in recent years, as local elected officials have changed. For more than 15 years to the present, Bugg noted there has been strong regional support for the project because I-45 is a crucial travel corridor for all of southeast Texas. Sixteen times, the Houston-Galveston Area Council, the local regional planning agency made up of various elected and appointed officials, unanimously backed the project.

Many local officials still do, including state Rep. Ed Thompson, R-Pearland, who urged transportation officials meeting Wednesday in Austin to charge ahead.

“I do firmly believe this corridor needs to be completed and if TxDOT can push on that they ought to,” Thompson said.

Citing the importance of I-45 to trucking and evacuation of the Gulf Coast in case of disaster, Thompson said delays in construction come with consequences opponents might not recognize.

“I do understand their concerns, but this is also vital to our entire region,” he said.

See here, here, and here for some background. As the story notes, there are competing interests here, as the city of Houston and Harris County and a bunch of neighborhoods and residents have serious concerns about the many effects of the project, while people who are mostly from far outside of Houston and the affected area want this built yesterday. It’s on TxDOT to balance those interests, and the opponents are not going to meekly roll over. It’s not my problem that TxDOT has spent a ton of money on this project without being able to deliver something that is acceptable to those who will be the most directly affected by it.

The Harris County Administrator of Departments

I have three things to say about this.

Harris County Commissioners Court on Tuesday created a new administrator position to oversee departments, which the three Democrats described as a wonky internal move to improve efficiency but the two Republicans decried as a radical and dangerous usurpation of their power.

The court voted 3-2 along party lines to hire the administrator to oversee the day-to-day activities of the 20 departments that directly report to Commissioners Court. David Berry, the county budget director, will fill the administrator role.

County Judge Lina Hidalgo said the move is long overdue, arguing that too often departments duplicate efforts addressing some needs, ignore others and fail to work together on big-picture problems that have plagued the county for decades.

“I’m so proud of the things that have been achieved, but would it have taken three 500-year floods for us to have a flood bond that, by the way, isn’t enough?” said Hidalgo, a Democrat. “(Tropical Storm) Allison happened in 2001. But because it’s a parochial system, these kind of things went hush-hush.”

Democratic Precinct 1 Commissioner Rodney Ellis said the administrator role will be nonpartisan and noted the other largest counties in Texas, except Travis, already have adopted the model. He said it also would leave intact the longstanding practice in which each commissioner oversees his precinct’s roads, parks and community centers without meddling from other court members.

“Look, I think this makes sense,” Ellis said. “This doesn’t take away from anybody’s fiefdom.”

The two Republican commissioners, Jack Cagle and Tom Ramsey, have a different view. Ramsey said the county has a long history of competent department heads and said he failed to see a need for a new layer of bureaucracy, which the budget office estimates will cost $2 million annually. He also accused his Democratic colleagues of trying to sneak a “power grab” past residents.

“Public transparency we get an F on, in terms of this issue,” Ramsey said.

Cagle said since Democrats control the court, and, thus, get to appoint the administrator, the new position merely allows them to grow their power. He echoed Ramsey’s concerns about redundancy and said the administrator would allow the Democrats to outsource unpopular decisions — such as firing personnel — to an unaccountable bureaucrat.

“We’re accountable to the people in our precincts,” Cagle said. “But the county administrator has no duty except to the majority of three here on the court. In essence, we become isolated.”

1. I dunno, this seems like pretty normal reorganization to me. I’ve been a drone in the corporate world for almost 30 years, I’ve lived through dozens of these. The reason for this reorg makes sense. Whether it achieves success or not will depend on a number of factors, including how the metrics of success are defined (trust me, this is always key). But it’s just normal, boring stuff. I do not understand the freakout.

2. Along those lines, spare me the “power grab” rhetoric. It’s called “having a majority”, and if the voters don’t like it they will get their chance to express that opinion soon enough. The “unaccountable bureaucrat” thing is especially laughable. By that logic, each individual department head is also an “unaccountable bureaucrat”. We elect people to run the government. That comes with a lot of hiring people to do the actual government work. Again, calm yourself down.

3. Whoever this person turns out to be, they’re gonna need a better title than the one I suggested in this post. Feel free to leave your best suggestion in the comments.

Let’s try again to fix that flood bond deficit

Hope this works.

Harris County on Tuesday [unveiled] a new plan to address a funding gap for its flood bond program, which will rely more heavily on diverted toll road revenue instead of federal aid that may never arrive.

The goal is to give the county greater control over its own flood control future instead of waiting on unreliable state and federal partners. To that end, the Commissioners Court also is expected to approve a new, permanent fund for flood control purposes and give priority to the most vulnerable areas to receive aid from it.

The plan still leaves approved projects $950 million short, however, raising the possibility that a new bond or flood control tax increases may be needed in the future to pay for all planned projects, according to budget office documents. Additional money would not be needed for about five years, according to the budget office.

Precinct 3 Commissioner Tom Ramsey said the fund, called the Flood Resilience Trust, is a good idea because it allows the county to stockpile money for projects in advance.

“It allows the county to, in a very effective way, set aside money every year, and that money will be there when they make any federal or state applications,” Ramsey said. “With a trust, we can move forward with a project while anticipating those (matching) dollars will come in.”

[…]

Because the Harris County Flood Control District purposefully underfunded some bond projects in anticipation of receiving federal aid, the snub resulted in lopsided spending across the county’s 23 watersheds. In March, the county announced that some of the watersheds with the wealthiest communities, such as White Oak and Buffalo bayous, had their projects close to fully funded.

Watersheds with some of the county’s poorest neighborhoods, such as Halls and Greens bayous, had less than half the necessary dollars. That angered the commissioners who represent those areas, Rodney Ellis and Adrian Garcia, because the court agreed in proposing the bond three summers ago that funds would be spent equitably.

The new plan aims to fix that. First, it would direct Harris County Toll Road Authority revenue — a lump sum of $230 million plus $40 million annually — to a new Flood Resilience Trust. This account would be used to plug funding holes in projects where federal aid failed to arrive.

Projects would be eligible based on their scores on the county’s prioritization framework, which considers factors such as how many structures would benefit from a project, how frequently a target area has flooded and the socioeconomic makeup of the residents there. This “worst first” framework, approved in 2019, initially dictated only the order in which projects were started.

The two Republican commissioners on the court, Jack Cagle and Steve Radack, voted against the equity language; Cagle said he saw no connection between social factors such as education or poverty and flood risk.

The county budget office estimates that if no other federal or state aid comes, the Flood Resilience Trust will be able to make up bond project shortfalls until about 2026. After that, the commissioners may need to issue a new bond to cover the remaining costs.

See here for the background. This was a preview story, published before the Commissioners Court meeting on Tuesday. I presume this was passed, but the meeting ran late, and so as of Wednesday afternoon there wasn’t an updated version yet. I think this is a reasonable plan, and if it can buy them five years (and hopefully some real progress in getting projects done) before having to do another bond, then that’s a good outcome and the odds of having that bond passed will improve. It also allows for some time to un-screw the federal fund distribution, which would make all of this a lot simpler. For now, this will do.

Feds tell TxDOT to slow down on I-45

On pause for however long.

In two letters released Wednesday — one to the Texas Department of Transportation and another to Harris County leaders — the Federal Highway Administration said it expected Texas officials to halt work [on I-45], including the purchase of needed property, on the $7 billion-plus rebuild of the freeway until more scrutiny of the project’s effects on low-income and minority communities and its environmental toll can be completed.

“This is an incredibly rare step, but it is a rare set of circumstances,” Harris County Attorney Christian Menefee said of the federal decision, noting how TxDOT, in his opinion, cut corners on its environmental assessment.

In a statement, TxDOT spokesman Bob Kaufman said the decision to slow development by FHWA “indefinitely suspends key steps” on a project state and local officials have sought for more than 15 years.

“It’s unfortunate there is an expanded delay on this project, but TxDOT remains fully committed to working with FHWA and local officials on an appropriate path forward ,” Kaufman said. “We know that many in the community are anxious to see this project advance.”

Harris County Judge Lina Hidalgo and Menefee said Wednesday the county remains committed to redesigning the proposal.

“We do need and our community deserves an I-45 project, Hidalgo said. “We also need a project that respects the wishes of the community.”

She said TxDOT for the past two years has ignored suggestions from local officials and groups to make the project more transit-focused and displace fewer people.

“You can’t bulldoze your way to a massive infrastructure project without community input,” Hidalgo said. “You cannot bulldoze your way through the Civil Rights Act.”

[…]

The letters reaffirm a request from federal officials in March that work on the controversial project halt until the concerns over equity and the freeway’s design are addressed. Federal officials sent TxDOT the letter after Hidalgo raised objections in May that the highway agency was acquiring property through purchases and eminent domain.

“We share the concerns raised by your recent letter suggesting that TxDOT is not engaging in the pause and may be proceeding with other aspects of the I-45 project,” wrote Achille Alonzi, FHWA’s division director for Texas.

In a letter to TxDOT Executive Director Marc Williams, FHWA officials said any pause applies to “right-of-way acquisition, including solicitations, negotiations and eminent domain, and final design activities.”

Further, federal officials said they are reviewing its agreement with TxDOT signed in December 2019, that allowed the state transportation agency to approve its own environmental impact study and move forward on the project. Texas and California have authority to approve their own projects, provided they show they complied with federal law. The review, which critics have called an audit, means federal officials will double-check Texas’ process, which could take months.

See here and here for some background, and here for a copy of the letters. I’ve been wondering lately if we’re going to see the likes of Greg Abbott or Ken Paxton get involved in this. I mean, we have local Democratic officials brazenly telling TxDOT that they can’t do their job and build their highway like they’re supposed to, and surely this cannot stand. I’m a little surprised there hasn’t been some pushback from the “only Republican governance is legitimate” crowd before now. And I hope I’m wrong to be worried about this. We’ll see how this goes. The Press has more.

Everyone’s waiting on Beto

Pardon me while I brew myself a cup of tea and stare meaningfully out the window.

Beto O’Rourke

Texas’ Republican statewide primaries are heating up as challengers emerged in recent weeks for both Gov. Greg Abbott and Attorney General Ken Paxton. But for all the Republican maneuvering, Democrats are remaining quiet about primary plans.

Texas Democrats are in a holding pattern as they plan for the 2022 cycle for two main reasons. First, the party establishment is waiting on former U.S. Rep. Beto O’Rourke to announce whether he will run for governor.

Secondly, and crucially, incumbents and potential candidates across the state are awaiting the release this fall of new district maps to decide whether they’ll retire, run for reelection or consider a statewide bid. The new maps will come from the decennial redistricting process where lawmakers redraw the boundaries of the state’s congressional, legislative and State Board of Education districts.

“There’s a lot of planning and strategizing behind the scenes,” said Royce Brooks, the executive director of Annie’s List, the Texas Democratic women-in-politics group. “Whatever Beto decides to do is the domino that affects everybody.”

[…]

Beyond O’Rourke, there is some chatter that former U.S. Secretary of Housing and Urban Development Julián Castro or U.S. Rep. Joaquin Castro might make a run for governor. Otherwise, the field of potential candidates are a mix of current and former state legislators.

Harris County Judge Lina Hidalgo remains a much pined-for candidate, particularly among female Democratic operatives, but so far she has not expressed interest in running statewide next year.

And there are some Democrats who have announced runs for statewide offices, but few are well-funded. Two candidates that have earned the most notice are Mike Collier, who ran for lieutenant governor two years ago and is making another run, and former Galveston Mayor Joe Jaworski, who is running for attorney general.

[…]

In a traditional election cycle, candidates tend to roll out their campaigns over the spring and summer of the off-year, but this year potential candidates are still watching and waiting for the new district maps.

The entire Texas election calendar could also be moved back, due to the delayed census amid the COVID-19 pandemic and the ripple effect on reapportionment and the Texas Legislature’s ability to draw maps.

Some statewide Democratic candidates could emerge after the maps are finished. If a Democratic incumbent finds themselves in a carved up district where he or she has no chance at reelection, the notion of running statewide — still an incredible challenge for Democrats — actually could be an easier lift than reelection.

See here for the previous update. I would say that one race has “heated up” on the Republican side, and that’s the race for Attorney General, where the opportunity to challenge a guy who’s been indicted by the state, is being investigated by the FBI and sued by several former top staffers who accuse him of being a crook, and also facing a State Bar complaint for filing a frivolous and batshit crazy lawsuit to overturn the Presidential election, would normally be seen as an obvious thing for anyone with ambition to do. The entry of a low-wattage one-term former State Senator into the gubernatorial primary is in my mind no different than Steve Stockman’s 2014 primary challenge to Sen. John Cornyn, but your mileage may vary.

I’m as big a fan of Harris County Judge Lina Hidalgo as anyone, but I say there’s a zero percent chance she runs statewide in 2022. There’s no evidence to suggest that this is something she wants to do. My personal belief is that she wants to finish the job she started as County Judge, and only then will she consider something different (which may be retiring from politics). I could be wrong, and if Democrats do break through in 2022 and President Biden carries Texas in 2024 then it’s certainly possible Judge Hidalgo could be one of presumably many Dems to throw a hat in for 2026, but the very composition of this sentence should be acting to cool your jets. I will be extremely surprised if she does something other than run for re-election in 2022.

The prospect of someone who loses out in redistricting running for something statewide is one I hadn’t really considered before. It didn’t happen in 2012, mostly because there wasn’t anyone for the Republicans to screw out of a seat that year, given how they beat anyone who was beatable in 2010. Republicans will have more targets this time, though they are also operating on much tighter margins, but I could see a legislator who gets left without a winnable district deciding to run for something statewide. If nothing else, it’s a good way to build name ID and a donor base, and puts you in the conversation for next time. It’s all too vague and theoretical now to toss out any names, but this is something to keep an eye on.

Oh, and before I forget: Please don’t make us wait too long, Beto.

Harris County’s COVID situation continues to improve

Keep it up.

Harris County’s 14-day average test positivity rate for COVID-19 has fallen below 5 percent for the first time since the start of the pandemic, County Judge Lina Hidalgo announced this week.

Despite the positivity rate and vaccination efforts that have resulted in 44 percent of all eligible Harris County residents being fully inoculated, Hidalgo said she continues to worry about the unvaccinated population’s behavior going forward.

“The concern is that amongst the unvaccinated, folks will stop taking the precautions they need to take, and spread the virus,” Hidalgo said. “The other concern, and this is perhaps the most significant, is making sure people continue to get vaccinated.”

Hidalgo said she thinks President Joe Biden’s goal to have 70 percent of the United States’ eligible population vaccinated by July 4 largely is in the hands of the community.

Indeed. Looking at the Trib’s COVID tracker page, 37.8% of Harris County residents (about 1.7 million people; note that the 44% figure cited above is for eligible residents, so limited to those 12 and over) have been fully vaccinated, but 3.7 million (over 75%) have had at least one dose administered. We’re right at the statewide average, and hopefully things will continue to trend upward, if a bit more slowly now.

I hope also that people will take to heart the warning about the continued danger for unvaccinated people, especially now as more businesses are removing their mask requirements. If you need an example, consider this:

I know, I’m as shocked as you are that a bunch of Bitcoin humpers are largely unvaccinated, but that’s not important right now. The point is that any arbitrary “herd immunity” percentage is immaterial when enough unvaccinated people are together in the same space. The virus will do what it always does. Your best counter-measure is to get vaccinated.

Harris County and Houston appeal to HUD for flood funds

Hope this helps.

Harris County Judge Lina Hidalgo and Houston Mayor Sylvester Turner on Friday asked U.S. Housing Secretary Marcia Fudge to set a 30-day deadline for the Texas General Land Office to formally request $750 million in federal flood control aid that Land Commissioner George P. Bush recently said he would seek.

“Given this matter involves funds allocated in February of 2018, the rules were promulgated in August of 2019, and hurricane season has already begun for 2021, HUD (the U.S. Housing and Urban Development Department) should require the GLO to submit this amendment within the next 30 days,” Hidalgo and Turner wrote.

Since late May, when the GLO announced its plan to distribute an initial round of about $1 billion in mitigation funds approved by Congress after Hurricane Harvey, Houston-area officials have hammered Bush for not directing a penny of the aid to the city or the county. In response, Bush said he would ask HUD, which oversees the federal relief money, to directly send $750 million to Harris County — essentially bypassing the GLO’s criteria for scoring flood project applications.

Hidalgo and Turner have said the $750 million falls well short of the $2 billion they believe the city and county should receive — $1 billion apiece — to fund projects aimed at mitigating the effects of future storms. In the letter to Fudge and at a congressional hearing Friday, they sought HUD’s help in securing roughly that amount from the $4.3 billion that Congress allotted for Texas after the 2017 storm.

“We’re asking that HUD approve this amendment (for $750 million) … as a down payment toward an equitable share for all governmental entities within Harris County,” Hidalgo said.

Turner noted that Houston still has not been promised any flood mitigation relief because Bush has said he plans to ask HUD to send the $750 million directly to Harris County. Bush said the county, which faces a $1.4 billion funding gap for its $2.5 billion flood bond approved by voters in 2018, could then decide how much to give the city.

The city and county collectively applied for $1.34 billion to cover 14 flood projects: five from the city and nine from the county.

See here for the background (there are more links to previous posts in that one). I don’t know what is likely to come of this, but the goal is to get more funding for the region, and for both the city and the county to have their own projects funded, rather than have the city depend on the county to give it a share of its allocation. We’ll keep an eye on this. The Texas Signal and the Press have more.

Flood Control District director to resign

Interesting.

Harris County Flood Control District Executive Director Russ Poppe submitted a letter of resignation to Commissioners Court on Friday, saying he plans to step down July 2.

Poppe, 45, said the demands of the job, which have grown significantly since Hurricane Harvey in 2017 and the passage of the historic $2.5 billion flood bond program the following year, had grown too great.

“While I greatly appreciate your continued support for making Harris County more resilient with natural disaster, the growing expectations associated with these efforts have adversely affected the quality of my personal life to a point I can no longer sustain,” Poppe wrote.

His departure comes at a precarious time for the agency, which is attempting to close a $700 million funding gap in its flood bond program. Poppe is due to present a plan to Commissioners Court June 29 to ensure all planned projects can be completed.

Poppe, who has worked as an engineer for Harris County since 2005, became head of the flood control district five years ago.

The rest of the story recaps the history of those five years, from Harvey to the 2018 bond referendum that is now massively underfunded thanks to a miscalculation in how federal matching funds would be allocated, the relationship Poppe has had with the Democratic-majority Commissioners Court, and the current mishigoss with the General Land Office and George P. Bush. HCFCD may have been a sleepy place when Poppe got there, but it’s on everyone’s radar now.

We can speculate as to the reasons why he is leaving now, but none of that really matters. What does matter is who and what comes next. The next director will have a full plate and a lot of directions to be going at once, with a state government that is outright hostile to the county. I hope whoever that is enjoys a challenge, because they’re going to get one. Best of luck to Russ Poppe in whatever comes next, and let’s all light a candle for his successor.

Bring in an outside investigator

That’s the Chron editorial board’s advice for Constable Alan Rosen.

Constable Alan Rosen

Rosen’s office declined to comment to the editorial board Thursday, but in an earlier statement, he said that when he was made aware of the allegations, he “proactively” ordered an internal affairs investigation months ago and “immediately” replaced the supervisor of the human trafficking unit. The investigation, he said, found no violations of law or policy. The constable, whose name has been floated as a replacement for Sheriff Ed Gonzalez if he joins the Biden Administration, suggested the allegations were being brought to impugn his department’s reputation.

“I have a zero-tolerance stance against sexual assault and sexual harassment and would never allow a hostile work environment as alleged,” he said.

If Rosen means that, he shouldn’t hesitate to call for an independent investigation by the FBI’s public integrity unit or the Texas Rangers to get to the bottom of the disturbing claims. Harris County Judge Lina Hidalgo and others on the commissioners’ court should be seeking the same probe and certainly not consider Rosen for the sheriff’s post until they get to the bottom of what happened.

We don’t encourage public officials to cast early blame without all the facts. And indeed, people other than Rosen have pushed back on the lawsuit’s claims, including that the implication that Harris County District Attorney Kim Ogg wasn’t willing to get involved.

“The allegation that our office failed to take action is completely false. It’s offensive,” said DA spokesman Dane Schiller. “There was no cover-up, no laziness, no lack of caring by our prosecutors.”

Still, somebody must investigate — other than the department accused. If the allegations don’t pan out, Rosen’s name is cleared. If they are true, the officers’ actions suggest far more than workplace harassment but deeper corruption, potentially criminal wrongdoing and a toxic culture in urgent need of reform.

See here and here for the background. I basically agree with all of this, and I agree that it’s what Constable Rosen himself should want. It’s the best way to get at the truth and have it accepted as such. If Constable Rosen resists this idea, then Commissioners Court should give him a push, or take the decision out of his hands. Let’s not waste time on this, we the voters in Precinct 1 deserve to know what’s going on.

Pity the poor GHP

Or don’t. I lean heavily towards “don’t”.

You’d have to be a serious sourpuss not to feel just a little sorry for Bob Harvey, the amiable, bespectacled Aggie and Harvard MBA who heads the Greater Houston Partnership. The last month has been grim for the city’s thousand-member chamber of commerce-like organization. In April, as some big companies came out in opposition to a spate of legislation around the country making it harder to vote, the question of how to respond to Texas’s “election integrity” bills tore the traditionally congenial group that Harvey helms into something bitterly fractious. Some members wanted to go along to get along with the Lege; others wanted the organization to come out firmly against what they saw as a dangerous intention to subvert voting rights, especially for people of color.

Harvey has been left in the middle, trying to protect the GHP’s legislative agenda in Austin while preserving an uneasy peace among his members in Houston. The fallout has offered a vivid demonstration that diversity and inclusivity are not just buzzwords organizations can affix to their websites and not act on; business leaders now have to learn to work with those—women and minorities, for instance—who may not share their establishment views. As Harvey said to me, with profound understatement, “It’s a lot harder today to establish a consensus than it was in the past.”

The trouble started at the partnership’s regular monthly meeting on April 21. Members of the Lege were debating Senate Bill 7, which, in its form at the time, would have limited early voting hours, restricted the number of voting machines in cities, and emboldened partisan poll watchers to harass those casting ballots. (Versions of the bill would eventually pass both the House and Senate, but the Lege would be unable to pass a reconciled version when Democrats staged a walkout blocking its passage hours before the session ended.) Several members of the GHP, including Kevin Hourican, the white CEO of Sysco, and Mia Mends, a Black woman who is the chief administrative officer of Sodexo North America, a food service company, called on the organization to make a public statement against the bills and in favor of voting rights. To them, it seemed a reasonable ask of an organization of business leaders in a city that touts its reputation as the most diverse in the nation—and one that is specifically targeted by provisions in the bill.

What follows is an account of the debate about what the GHP should do (they do not cover themselves in glory) and why their response was so tepid and flimsy (short answer, too many GHP members who were fully on board with the Big Lie bullshit, and also a fear of Dan Patrick). You will also learn, if you didn’t already know, that Heidi Cruz is as terrible a person as her husband is. We have covered this topic before, but Mimi Swartz’s behind the scenes look adds a lot of detail and is worth your time to read.

Another deputy constable files suit

More bad.

Constable Alan Rosen

When Precinct 1 Constable deputies accused their bosses of sexually exploiting them during undercover vice operations last week, their attorney vowed there would likely be more allegations in the near future.

On Wednesday, Cordt Akers returned to the podium in the foyer of his Montrose firm, and introduced Pct. 1 Deputy Constable Jasmine Huff. And Huff, he said, had also been sexually exploited during so-called “bachelor party stings” while working on the department’s human trafficking task force.

“She is not hiding behind the anonymity of Jane Doe lawsuit, as is her right to do,” Akers said.

Huff is the fourth current or former deputy of the Harris County Precinct 1 Constable’s Office to say she was sexually mistreated while working on the the agency’s Human Trafficking Task Force. A fifth employee —Jacquelyn Aluotto, who worked for the agency as an advocate for victims of human trafficking — has also sued Precinct 1, saying she was ignored and then fired when she conveyed concerns about the department’s vice operations to superiors.

The suit, initially filed last month, names Rosen, Assistant Chief Deputy Chris Gore, and Lt. Shane Rigdon. The alleged incidents occurred in the department’s human trafficking task force in 2019 and 2020. In response to the initial lawsuit, which raised similar allegations of sexual misconduct and other improprieties, Rosen released a statement late last month saying his office had previously investigated the alleged incident, but found no violations of law or department policy.

In response to the latest accusations, Rosen on Wednesday issued a statement declining to comment on the case because “there is a legal matter pending” and privacy issues.

In an amended 45-page complaint filed in federal court Wednesday morning, Huff’s attorneys alleged that she was a young deputy when her bosses assigned her to the HCCO-1 Human Trafficking Unit.

See here for the background. I’m skipping over the details of the allegations for the same reason as before, it’s disturbing stuff and you can read it in the story. I have the same reaction as before, that this is bad on every level, and even if you believe that Rosen had no direct involvement, this happened on his watch. He’s responsible for that.

Brock Akers, another attorney on the case (and Cordt Akers’ father) also rejected accusations that the lawsuit was an attempt to hamstring Rosen’s political ambitions. Prior to the lawsuit’s filing, Rosen had been widely rumored to be interested in seeking appointment to replace Harris County Sheriff Ed Gonzalez, or to run for sheriff in 2024.

Akers called such speculation “flat out wrong.”

“These things happened,” he said.

County commissioners have yet to address the allegations against Precinct 1, or Rosen, a fellow elected official. In response to questions, a spokesman for Judge Lina Hidalgo said she was “aware of these allegations and obviously concerned,” before declining to comment further because of the ongoing court fight.

I have not seen any names floated as possible replacements for Sheriff Gonzalez as yet – I daresay that will wait at least until his confirmation hearing is on the Senate calendar. Rosen would normally be an obvious possibility, and he is known to have bigger ambitions, but again, this happened on his watch. I don’t know how this turns out, but it sure seems like a bad time to be seeking a promotion.

What are P Bush’s pledges worth?

Something less than $750 million would be my guess.

When Republican Texas Land Commissioner George P. Bush announced Wednesday evening that he would ask federal officials to send Harris County $750 million in flood mitigation aid, he told Houstonians the move was a response to their “overwhelming concerns” over his agency’s decision to deny the city and county any relief days earlier.

Bush’s announcement, however, raised new questions about where the money would come from and how it would affect future rounds of funding. Local leaders, who are not guaranteed any money until federal housing officials sign off on Bush’s plan, said the amount remained well short of the $1.3 billion they had sought from the Texas General Land Office for a range of projects intended to mitigate future floods.

County officials are particularly worried that in accepting the $750 million, they would be disqualified from future funding competitions. And Mayor Sylvester Turner questioned why Bush would ask the U.S. Department of Housing and Urban Development to make the payment, effectively ensuring the money will not arrive for months, instead of allocating it himself.

Houston, meanwhile, remains shut out. A GLO spokeswoman said the county could consider sharing its allotment, if it arrives. But Harris County may be reluctant to do so because it is trying to close a $700 million gap in its flood bond program without raising taxes.

“I see this as a failed attempt on (Bush’s) part to try to pit the city and county against each other,” said Precinct 2 Commissioner Adrian Garcia.

Turner called it “foolishness” for Bush to not request any mitigation aid for the city. The mayor’s appointed chief recovery officer, Steve Costello, said city officials would continue to seek funding for the city that aligns with their share of the damage from Hurricane Harvey.

“Right now the city is under the assumption we have no money for any of our projects,” Costello said.

See here for the previous entry. If this is taken seriously and pursued, it would take up to 90 days for the money to come through. It’s hard to see why Harris County and especially Houston would take this seriously, with there being so many unanswered questions. This has the feel to me of Bush just scrambling to find something that will take the heat off. It doesn’t look like Houston or Harris will take the bait, so either Bush figures out a way to undo the colossal mess he created or it remains awfully awkward for the foreseeable future.

Threat level down again

Nice.

Harris County Judge Lina Hidalgo on Friday downgraded the county to the yellow COVID-19 threat level, citing improving metrics for the virus here coupled with increasing vaccinations.

“This is an important and encouraging, but still fragile, milestone in our fight against COVID-19,” Hidalgo said. “Our community is doing what it needs to do to move the needle in the right direction, but the threat of stalling or moving backwards remains very real.”

Hidalgo urged unvaccinated residents to avoid gatherings over Memorial Day weekend and implored them to get inoculated.

Friday’s move was the second downgrade in two weeks, following months of criticism the threat level had become meaningless as COVID numbers improved and the governor opened the entire state for business.

See here for the previous update. You can complain if you want, but Judge Hidalgo was just following the data and not screwing around with the agreed-upon metrics for the sake of politics. If you want to keep this moving along, go convince your unvaccinated friends and family to get the shot or stay masked up. The path forward has always been simple, the problem has been the unwillingness of too many people to follow it.

P Bush tries to make amends

What a joker.

Texas Land Commissioner George P. Bush said Wednesday he would ask the U.S. Department of Housing and Urban Development to directly send Harris County $750 million in flood mitigation aid related to Hurricane Harvey, days after his agency declined to award the county any money for their proposed projects.

The snub sparked an intense and immediate backlash from Houston-area Democrats and Republicans, who demanded that Bush revise the General Land Office’s metrics for doling out $2.1 billion in federal relief for flood projects. The officials noted that Houston bore the brunt of the historic hurricane, yet had failed to secure one cent from the initial $1 billion round of funding.

In a statement, Bush blamed the situation on federal “red tape requirements and complex regulations” that he described as a “hallmark” of the Biden administration. He said the Land Office, which administers Texas’ federal disaster relief, had been delayed in distributing the Harvey funds by the U.S. Housing Department, which did not publish rules regulating the use of the money until two years after Harvey. That happened under the administration of former president Donald Trump.

Bush said he had directed GLO officials to “work around the federal government’s regulations” by seeking the direct allocation, though he did not say which regulations had prevented the agency from awarding the money to Harris County itself.

A GLO spokeswoman said the $750 million, if approved by HUD, would go directly to Harris County. The county could then decide to send some of the money to the city for its own mitigation projects.

Mayor Sylvester Turner said Bush’s plan would still leave the city with only a fraction of the $4.3 billion approved by Congress in 2018 to help Texas prevent future flooding. Turner and other local officials have long insisted Houston and Harris County should receive roughly half of that amount, which they say would align with their initial share of Texas’ housing recovery aid and the proportion of damage taken on by the Houston area during Hurricane Harvey.

“Harris County should receive $1 billion and the City of Houston should receive $1 billion,” Turner said. “All Commissioner Bush has to do is amend his state plan to provide that direct allocation to the city of Houston and to Harris County.”

[…]

A spokesman for the U.S. Department of Housing and Urban Development disputed the Land Office’s account, saying state officials have “full responsibility and jurisdiction over who gets the money.” While HUD must sign off on the GLO’s plan for distributing the funds, there did not appear to be any HUD guidance that required the state to use the criteria opposed by the city and county.

See here, here, and here for the background. A succinct summary of this saga:

Also, too, the $750 million is a bit more than half of the $1.34 billion Houston and Harris County had asked for, and the GLO did not say if this would be the total amount Houston and Harris would get or if this would somehow be carved out of the initial $2.1 billion allocation, and if so what would happen to the grants that had been made. But other than that, great job, Bushie! The Trib and Campos, who knows what the “P” in “P Bush” stands for, have more.

P Bush tries to deflect blame on flood funding fiasco

You can run, but you can’t hide, George P. Bush.

Texas Land Commissioner George P. Bush blamed local leaders Friday for Houston and Harris County’s failure to secure a single penny of roughly $1 billion in federal flood mitigation funds tied to Hurricane Harvey, though a county commissioner said Bush privately pledged his support for giving Harris County future aid directly rather than forcing it to compete for the money.

The Texas General Land Office, which is responsible for allocating U.S. Department of Housing and Urban Development flood mitigation dollars, told city and county officials Thursday they would receive nothing of the more than $1.3 billion they had sought for 14 mitigation projects.

Mayor Sylvester Turner and County Judge Lina Hidalgo blamed the result on certain project scoring criteria that disadvantaged urban areas.

A General Land Office spokeswoman said the agency was required to use the criteria developed by federal officials at the Housing and Urban Development Department.

HUD disputed that Friday evening, laying the blame squarely on Bush’s team.

“HUD has not prevented Texas from awarding CDBG-MIT funds to Houston or Harris County,” agency spokesman Michael Burns said in a statement. “The formula for allocation was created by the state of Texas. They have full responsibility and jurisdiction over who gets the money that was allocated to the state for flood mitigation.”

Burns did not say whether HUD would intervene. The agency’s comments capped a whirlwind two days where Bush visited areas that received awards. In all, the GLO awarded about $1 billion for 81 different projects across 40 counties, including $179 million in Galveston County.

See here for the background. The embedded image is a statement from Republican County Commissioner Tom Ramsey, so this isn’t just Democratic carping. (UPDATE: Commissioner Jack Cagle calls the GLO’s decision “shocking” and says it “mocks common sense”.) This isn’t and shouldn’t be just about formulas and algorithms. It also has to be about the goals, which should then be reflected by the formulas. As I said last time, it should be obvious that the city of Houston and Harris County need and deserve a significant portion of this funding. We suffered the most from Harvey, we have the greatest amount of current and future need, and this was the intent of Congress when that money was appropriated. There’s no world in which giving zero dollars to Houston and Harris County is rational, efficient, or just. The GLO was given the responsibility to distribute these funds – over the objections of the city and the county, by the way – and so it is entirely on them to ensure an outcome that made sense. Which is the opposite of what we got.

Bush, who on Friday toured those areas and others to announce award recipients, said “constituents have to start asking the City of Houston and Harris County who exactly are filling out these applications, and are they being effective in representing their constituents,” according to KTRK-13.

He did not specify what errors the city and county made that prevented them from receiving any funds. City and county officials said GLO staff never informed them of any mistakes on their applications nor asked for any additional information during the scoring process.

GLO spokeswoman Brittany Eck said she could not confirm nor deny Bush’s comment that cast blame on local leaders for Houston’s lack of mitigation funds, but suggested the city and county should have acted more strategically by submitting fewer projects, perhaps even offering a joint application to strengthen their chances for approval by increasing the number of people who would benefit.

GLO had capped the maximum award application at $300 million, however, regardless of the applicant’s population. That discouraged the city and county from submitting mega-projects for consideration.

[…]

Turner said the snub was just the latest attack by Republican state officials on the Democrats who run the state’s largest cities and counties.

He said while politicians may be the intended targets, the lack of flood protection funding hurts average residents.

“This is not about some paperwork; this is not about not scoring as high,” Turner said. “This is about state leaders intentionally deciding not to allocate one single dime to local communities that were substantially impacted by Hurricane Harvey.”

Steve Costello, the city’s chief recovery officer, said GLO staff failed to understand “the difference between urban drainage and regional drainage” when setting their scoring criteria.

“Our projects were neighborhood revitalization projects,” Costello said. “If you think about urban drainage, we were servicing 100 percent of the people in the service area of the urban drainage project. And yet, when you divide it by 2.2 million people in the city, you get this detrimental impact on the fact that it’s not enough people being served.”

In January 2020, Turner emailed Bush, recommending the GLO revise the metric that considered the share of residents who would benefit from the project for that very reason.

“The system is flawed. The evaluation was flawed,” Costello said. “Commissioner Bush should have read his email.”

This was a screw job, but it wasn’t a screw up. This was the intended outcome. Any assurances from Bush that he’ll personally help us out with the next distribution are extremely hollow. Just look at what he did to us this time around.

It’s time for another Astrodome redevelopment effort

Astrodome redevelopment for a new generation.

Ready and waiting

Nineteen years after the Astrodome last hosted an event, a nonprofit dedicated to preserving Houston’s most famous building hopes to finally develop a renovation plan that will actually come to fruition.

The nonprofit Astrodome Conservancy is seeking the public’s input to craft a pitch to Harris County Commissioners Court, which oversees the building.

Beth Wiedower Jackson, the group’s president, said the goal is to develop a realistic proposal that can garner the support of local leaders and the public, as well as the other tenants of the NRG campus: the Houston Texans and Houston Livestock Show & Rodeo.

“When we have this collection of creative ideas and feedback from the public of Harris County, we will then step back and create a community-supported vision for the future of the Astrodome,” Weidower Jackson said.

The key to any redevelopment plan will be paying for it.

That has always been the case, and it is even more so since County Judge Linda Hidalgo and Commissioners Court are not in the Astrodome renovation business any more. Judge Hidalgo has said she is ” open to proposals that would allow the Astrodome to serve a public purpose that include significant funding from private sources”, and so here we are. The URL you need to know if you’re interested is future-dome.com, which redirects to the Astrodome Conservancy website, where you will find a survey you can take and information about the project and upcoming meetings. I wish them the best of luck.