San Antonio

What happens when there’s no room for the sick people?

It’s already happening in some parts of Texas, mostly out west.

Sarah Vasquez for the Texas Tribune

Presidio and Brewster counties, home to Marfa and Big Bend, along with nearby Culberson County, lead the state in cases per 1,000 residents in the last two weeks, according to a Texas Tribune analysis. In fact, all of West Texas, including Jeff Davis, Hudspeth and El Paso counties, is ablaze with increasing COVID-19 cases and low on hospital beds.

Big Bend Regional Medical Center, the only hospital in Presidio, has just 25 acute care beds. Culberson County’s 2,200 residents have just Culberson Hospital, where there are 14 beds and two ventilators, but at least one doctor said she doesn’t feel adequately prepared to use them.

Patients in dire condition are often transferred from the small towns to regional hospitals in larger metropolitan areas. But those closest hospital systems in El Paso, Lubbock and Midland, which have more resources, are already struggling with their own influxes of local cases, leaving doctors and county officials worried a bump in cases from Thanksgiving gatherings will fill beds beyond capacity with nowhere left to send the sickest patients.

“It’s unlikely we’d be able to help them at this point,” said Ricardo Samaniego, the county judge of El Paso, where COVID-19 patients occupy more than 35% of hospital beds.

Without El Paso as an option to send patients, nearby doctors and officials are scrambling.

“It’s a scary feeling to have a critically ill patient with nowhere to go,” said Gilda Morales, a Culberson County commissioner and doctor at Culberson Hospital.

She said that in recent weeks, the county has sent struggling patients to hospitals in San Antonio — more than 400 miles away — including Culberson County Judge Carlos Urias, who’s been there for nearly four weeks.

If a flood of residents need to be hospitalized quickly, and cases in San Antonio and other metropolitan areas swell, Culberson might not have the resources to treat everyone in need, Morales said.

“We’re worried those beds will run out, and then what?” Morales said. “We’re all holding our breath because as much as we told people not to get together for Thanksgiving, the holidays and family give a false sense of security.”

Hospitals across the West Texas region are “bumping capacity and stretched absolutely to the limit,” said John Henderson, president of the Texas Organization of Rural and Community Hospitals. Administrators have struggled to find open beds, in some cases calling 15 or 20 facilities, he said.

“Everyone is headed the wrong direction,” he said. “Every week is a little worse than the last one.”

In Odessa and in neighboring Midland, the area’s three hospitals serve as “referral centers,” accepting patients from small-town facilities that are ill equipped to treat serious illnesses.

“All of our outlying facilities, they don’t have ICUs or ventilators that can take care of patients long term,” said Dr. Rohith Saravanan, chief medical officer of Odessa Regional Medical Center. The hospital in recent weeks added 34 beds for people with COVID-19, and, as of Tuesday, only four were still empty.

“If we see any more sharp rises, I don’t think our hospitals will be able to keep up with capacity,” Saravanan said.

Scenic Mountain Medical Center in Big Spring is one of those outlying community hospitals. The facility’s seven intensive care unit beds are full, as are 18 overflow beds that fill the hallways.

Just as a reminder, people still have heart attacks and get in car crashes and fall down stairs and get shot. They’re competing for increasingly scarce hospital resources with all of the COVID patients, too. I don’t have any answers for this, or at least I don’t have any answers beyond what I and many others have been saying for months – wear your face mask, avoid indoor gatherings, observe social distancing. More to the point, Greg Abbott doesn’t have any answers, either. That’s a lot more consequential.

Even the White House thinks Texas sucks at COVID response

Dec 2nd, 2020

by Charles Kuffner.

19 comments

I mean…

The White House Coronavirus Task Force says Texas is in the swing of a “full resurgence” of COVID-19 and the state’s mitigation efforts “must intensify,” while Gov. Greg Abbott and other leaders decline to take some of the steps the Trump administration is recommending.

A report issued by the task force before the Thanksgiving holiday calls for Texas to significantly reduce maximum occupancy for public and private indoor spaces and to conduct weekly coronavirus testing of teachers, college students, county workers, hospital personnel and others.

“Texas continues to be in a full resurgence and mitigation efforts must intensify,” the Nov. 22 report says. “The silent community spread that precedes and continues to drive these surges can only be identified and interrupted through proactive, focused testing.”

The White House sends such reports to states weekly, but they are not typically made available to the public. The report was published by the Center for Public Integrity.

Three days before the report was issued, Abbott was assuring the public that local officials had been provided with all the tools they need to slow outbreaks, including a requirement that Texans wear masks indoors in public places and when patronizing businesses.

Abbott has also enacted mandatory occupancy reductions — including closing bars — in regions where the number of hospitalized COVID-19 patients exceeds 15 percent of capacity for seven straight days.

But Abbott has declined to go further, instead focusing his message on treatment, touting a newly approved drug as proof that “the cavalry is coming.”

There are plenty of local officials who would disagree with Abbott’s assertion that they have all the tools they need.

Mayor Sylvester Turner on Tuesday said he agreed with the White House report’s findings and implored Abbott to take a harder line or give local officials back the powers they had in the spring.

“We determined what the occupancy limits were going to be in large part. We had the ability to say ‘no,’” said Turner, who took questions from reporters after a holiday-themed event at City Hall. “The tools that we had in March and April, we no longer have. We are not driving this car. County judges and mayors are more like passengers. The state is driving the car.”

In addition to Abbott’s May preemption of local restrictions, bars that collect less than 51 percent of their revenue from alcohol also can reopen as restaurants, and the Texas Alcoholic Beverage Commission in August made that easier by broadening the scope of revenue they can count as not stemming from alcohol sales.

“Bars can be open. So, we’re doing what we can to limit gatherings, but that’s a big, big problem,” Harris County Judge Lina Hidalgo said during Tuesday’s regularly scheduled meeting of Commissioners Court. “Because these things have been allowed, we’re seeing the numbers we’re seeing again now.”

Measures of the virus’ spread, Hidalgo noted, approximate the levels being reported when she placed the county at its worst, “red” threat level in June.

“It was soon after that that the governor pulled back a little bit, and the numbers kept climbing until finally they peaked at a level where they routinely exceeded base hospital capacity” in intensive care units, she said. “And so if we go much longer without action, we’re going to be in a bad place.”

One option the city does have is a curfew, which has been implemented in El Paso and San Antonio. Turner said he reserves the right to implement one in Houston, but views that as a “nuclear option” that punishes good actors along with the bad.

The mayor said he is trying to keep people alive for the next few months, until vaccines become available and strengthen the fight to contain the virus’ spread.

“My appeal to the governor is to join with us and do the same,” he said.

Remember how they once had to solve the riddle of the Sphinx to unlock some of those tools in the first place? Boy, those were the days. The Chron story notes that while the local numbers aren’t as bad as they were in July, they are all on an upward trend. That ain’t good.

What could be done? In addition to letting the locals actually do the things they want to do, Abbott could issue a new mask mandate, with enforceable penalties attached, and take the heat from the wingnuts for it. He could order more enforcement of bar and restaurant occupancy limits, to crack down on the bad actors. It also remains true that Abbott could be exhorting our two Republican Senators to get off their asses and support a big COVID relief bill that would get affected businesses through the next few weeks. Even this wholly inadequate effort would be better than nothing. “Doing nothing while we wait for the vaccine and try out new treatments for the many people who get sick” and “completely shutting down everything with no financial relief for anyone” aren’t the only options available. The Trib has more.

More on police oversight boards

Nov 29th, 2020

by Charles Kuffner.

1 comment

Ours in Houston isn’t very good. Some other cities do it better. We can learn from them.

Houston’s police oversight board is the weakest among Texas’ five largest cities and suffers from “a complete lack of transparency and public reporting,” a recent study from Rice University’s Kinder Institute for Urban Research concludes.

The report, released last week, analyzed police oversight institutions in Houston, Dallas, San Antonio, Austin and Fort Worth, concluding that the agencies in each city need more resources, and fewer legislative hurdles, while its members need more experience and training.

The Independent Police Oversight Board in Houston “has very limited powers to conduct its own investigations, instead being handed completed internal affairs investigations without the ability to independently collect further evidence on the event,” reads the report, co-authored by Kinder Institute director Bill Fulton, a member of Mayor Sylvester Turner’s recent police reform task force.

The group detailed its recommendations in a 153-page report released in late September, about three months after Turner announced his 45 appointees to the board. The group recommended that city officials bolster the police oversight board with paid staffing and facilities outside the police department and by changing policy to allow the board to report some of its findings to the community, which it is currently barred from doing.

Turner has signaled he intends to adopt at least some of those recommendations, saying in early September he is “99.999 percent certain there will be some adjustments” to the police oversight board. The mayor later said he’s “overwhelmingly supportive of most of the ideas” in the task force’s report, though he said some could be difficult to fund or would require state legislative action.

The task force’s recommendations align with those presented in the Kinder report, which recommends the board be staffed with “people with legal knowledge, police expertise and research skills.” Austin has by far the most paid staff members on its oversight group among Texas’ five largest cities, the report found.

“(M)ost agencies in the state’s big cities have fewer than five employees to oversee forces of thousands of officers,” according to the report. “Houston’s IPOB has no staff or resources.”

See here for more on Mayor Turner and the task force recommendations. For more on the Kinder report, which you can find here, I’ll refer you to this Grits for Breakfast post, which goes into more detail. At this point, we have all the information we need to act. It’s time to act. I’m hopeful we’ll get some at the city level in the upcoming weeks, but as Mayor Turner says, some of this needs to happen at the state level. And there, I fear, we’re more likely to run into obstacles. For instance:

.
The bill is #HB638. https://capitol.texas.gov/tlodocs/87R/billtext/html/HB00638I.htm

— Grits for Breakfast (@Grits4Breakfast) 02:35 PM – 24 November 2020

That bill is authored by Rep. Matt Krause, one of the vulnerable Republicans we were unfortunately not able to knock off this election. The problem goes a lot deeper than one State Rep, though. Cities are not going to be able to do what their voters want them to do if the Republican legislature and Greg Abbott have anything to say about it.

So what’s up with that National Guard story?

Oct 29th, 2020

by Charles Kuffner.

44 comments

Hell, I don’t know.

Governors can deploy troops for numerous reasons, from natural disasters to border security.

But observers found it rare to the point of extraordinary when the Texas National Guard revealed that Gov. Greg Abbott has directed troops be prepared to respond to disturbances after the Nov. 3 election in major cities across the state.

Abbott has not explained his reasons, so far.

Ben West, a security analyst at the RANE subsidiary Stratfor, a consulting firm, said he anticipates most of the forces will be sent to Houston and Austin, which saw the bulk of the state’s racial justice protests this summer. Guard officials have compared the new mission to its response in June to the unrest.

While an election-related deployment is uncommon, 2020 might be the exception, West said.

“When everything is just upside down, things that in any other year would have been extraordinary get lost in the wash,” he said.

The governor has pushed hard in recent weeks to convey to voters his allegiance to law enforcement, and has proposed new laws that would stiffen punishments for unruly protesters, including mandatory jail time.

The Guard said Monday it would send up to 1,000 troops to Houston, Austin, Dallas, Fort Worth and San Antonio as early as this weekend. A top guard official, retired Maj. Gen. James K. “Red” Brown, said the deployment was in case of “postelection” disturbances, to support local law enforcement and the Texas Department of Public Safety.

He said the guardsmen’s role would be similar to that during last summer’s George Floyd protests, and the troops would act “as we previously did to deter any civil disturbance at sites in various cities in Texas.”

This was the original story. Since then, Abbott has assured officials in San Antonio there will be no troops sent there after they complained, and there was a clarification that none of the troops would be sent to polling locations. On Wednesday, Abbott finally spoke about the issue.

Gov. Greg Abbott on Wednesday answered questions about the deployment of Texas National Guard troops to Texas cities on Election Day, saying they will play no role whatsoever in the election process.

“Our job is to make sure that cities are safe and along those lines, we want to make sure that in the event there are any protests after the election that we will have adequate personnel in place to make sure that we will be able to address any protests that could turn into riots,” the governor said.

When asked specifically about the assignment of troops to Houston, Abbott indicated those decisions will be made on an as-needed basis.

“It is erroneous to say we will have a presence here,” he said.

My guess is that this was a typical politics-first move by Abbott that wasn’t very well thought out and neither took into account any stakeholder input, nor anticipated their reactions. It will probably not amount to much in the end, which is also typical of Abbott. I suppose this is as good a place as any to point out that violence from far-right groups is a much greater threat than people protesting police brutality, though I know there’s a zero percent chance Abbott knows or is much interested in that. It is what it is, as they say. The Press and the Trib have more.

Dallas ends its scooter experiment

Sep 10th, 2020

by Charles Kuffner.

Comments are off for this post

Over in Dallas, never started in Houston.

Photo: Josie Norris /San Antonio Express-News

Tis better to have scootered and stopped than to have never scootered at all.

That is the consensus of a handful of Houston proponents of rental scooters as they watched Dallas this week order companies to pull the devices from local streets, citing crime and other issues with their use.

“We have received complaints about scooters and would like to make substantial changes to the scooter program,” said Dallas Transportation Director Mike Rogers, in a statement. “The changes will include public safety considerations so that the city may have safe modes of alternative transportation.”

Companies have flooded some cities with scooters people can rent by the minute with a smartphone app, part of a growing micro-mobility movement. Users can grab a scooter, motor to wherever they are going within a few blocks or miles and simply leave the scooter for the next person. Advocates say the scooters reduce car travel while making moving outdoors in inhospitable places — like scorching Texas — possible.

Critics call the scooters mobile clutter, complaining they crowd sidewalks and pose a safety hazard to pedestrians and riders.

That is the point Dallas hit earlier this week. City officials told Bird, Spin, Jump and any other companies still out there to cease operations on Wednesday and remove all the scooters by Friday, bringing an end to a popular but contentious debate about dockless devices and local transportation, for now.

It is a debate Houston mostly has avoided simply by doing nothing. Regulations in Houston make deploying the scooters murky at best — much as companies such as Uber and Lyft began operating in a cloud of uncertainty related to taxi rules. The consensus was Houston’s regulations would need to be changed before scooters hit the streets for rent.

Houston was an outlier in Texas in not having scooters. Dallas and Austin were both fertile markets for the devices, at least until COVID significantly upended the business and some of the companies collapsed or cut back. San Antonio finalized its agreement with the companies in January after 10 months of public discussion, allowing Razor and Bird to deploy up to 1,000 scooters each.

[…]

Houston officials said scooter regulations remain possible, but are not a high priority compared to such efforts as Vision Zero to eliminate roadway deaths. .

“The city’s focus right now is on implementing Vision Zero and adding bike lanes across the city,” said Maria Irshad, deputy director of the city’s Administration and Regulatory Affairs Department. “At this time, a program is not under consideration but we are studying it and trying to figure out how it could safely work.”

Officials also are working through a number of transportation-related rule changes, including specific prohibitions and greater enforcement of illegal parking in bike lanes.

Meanwhile, use of Houston’s B-Cycle system is booming during the pandemic as bike-sharing officials ready for more expansion, including 100 new e-bikes that bring their own challenges related to trail safety.

Until I saw this headline earlier in the week, I’d completely forgotten that just over a year ago it looked like scooters, or at least some proposed scooter regulations, were about to debut in Houston. Crazy how things can change, huh? Scooters may have failed in Dallas, but they remain a success in San Antonio, as long as they keep off the sidewalk. We can only speculate at this point what their fate might have been in Houston if Lime and Bird and the rest had simply taken the Uber/Lyft approach and invaded the city first, letting the regulatory issues sort themselves out later.

Honestly, I think the main reason why scooters have taken a back seat in Houston is that the city’s attention has been much more on bikes and expanding bicycle infrastructure. B-Cycle has been successful and continues to expand, while Dallas tried and failed to go with dockless bike sharing. The city of Houston, along with Harris County and the Bayou Greenway Initiative, has been busy building out its bike infrastructure, which by the way is off limits to scooters as they are not people-powered. Also, too, we do have electric bikes in the pipeline, and they pretty much serve the same transportational niche as scooters.

So maybe this is a lot of fuss about nothing much. Or maybe the problem was that the scooter business model doesn’t necessarily work everywhere, and perhaps Dallas and eventually Houston would be served better by a non-profit scooter rental system like B-Cycle. I mean, if it really is about solving a people-moving problem that enables mobility without cars, then it shouldn’t matter what the entity behind the scooters is. I’ve said all along, I’m happy that other cities have taken the lead in working out all the kinks in this process before it comes to Houston, so my thanks to the people of Big D for their service. The Dallas Observer has more.

We’re trending in the right direction, but…

Aug 31st, 2020

by Charles Kuffner.

Comments are off for this post

Still a ways to go.

The number of new cases, hospitalizations and deaths from COVID-19 in the Houston area have improved significantly since July, but the pandemic remains a serious threat here.

The Houston region added 1,957 cases on Saturday, according to a Houston Chronicle analysis, bringing the total to 104,650.

Texas as a whole added 4,988 cases and added 138 deaths. The Chronicle has tallied a total of 12,664 virus deaths in the state, though the true figure is likely higher.

The positive test rate fell slightly, from 12.3 percent to 12.2 percent. A troubling sign, however, was a jump in the state’s rolling average of new cases, from 4,997 to 5,369.

Statewide COVID-19 hospitalizations declined for the 11th straight day, to 4,273.

I last posted about this a few days ago, so things aren’t that much different. This story doesn’t have any charts in it, but you can go to Ready Harris and see what they have. (There’s a large blip in the Harris-not-Houston numbers for the past two days, which I’m going to guess is an artifact of test results coming in as a cluster.) As with San Antonio and Dallas and the state as a whole, the numbers are down from the peak but still well above where they were before they began that massive increase in late June. The thing that has made the difference is wearing masks, maintaining social distancing, and avoiding indoor crowds. If we can keep this up, we can get to a point where maybe having kids back in school doesn’t seem like a crazy idea. It’s just that the last time we thought we were making progress, we declared victory and totally let our guard down. Can we please not do that this time? Thanks.

We are finally making progress in getting COVID-19 under control

Aug 27th, 2020

by Charles Kuffner.

5 comments

Good news is always welcome, but be aware of the context.

Houston-area hospitalizations of COVID-19 patients dropped below 900 Sunday, the lowest amount since the summer surge peaked in mid-July.

Some 893 people confirmed or suspected of having COVID-19 were admitted to hospitals in the nine-county area around Houston Sunday, the fifth straight day under 1,000, according to data compiled by the Houston Chronicle. The latest number represents a 67 percent decline since July 14, when hospitalizations hit a high of 2,694.

The last time the number was under 900 was June 15. The number hospitalized then was 820.

COVID-19 related patients in intensive care units also hit a post-surge low Sunday. There were 402 such patients in ICUs Sunday, down from a high of 1,057 July 18. Sunday’s amount was the lowest since June 17, when Houston-area hospitals reported 398 ICU patients.

[…]

The decline in hospitalizations continue a trend of improving COVID-19 numbers in the Houston area. Other key metrics include a TMC COVID-19 positive test rate of 6.7 percent over the past seven days, down from 8.6 percent a week ago and 16.8 percent a month ago; and the 14th straight day in which the rate of the disease’s spread was below 1.0, meaning those infected are passing it on to an average of less than one person each.

That’s all very good, and you should click over to the story to see the embedded charts. I would just note that on the first chart, which shows the daily count of COVID-19 patients in hospitals affiliated with the seven healthcare systems based in the Texas Medical Center, the total daily hospitalizations due to COVID are way down from the peak in July, it’s also more than fifty percent higher than it was in early to mid-June, at the start of the rapid increase in infections. For example, on June 5th the total number of hospitalizations due to COVID-19 (ICU plus general beds) was 537, very close to what it was in mid-April. On August 22, the total number was 908. That is indeed way better than the mid-July peak that topped 2,400, but we still have a way to go and we can’t afford to loosen up just yet.

The story is similar in San Antonio.

The coronavirus positivity rate in Bexar County dipped to 9.9 percent on Monday, a measure that officials consider “very good news” when it comes to efforts to mitigate the impact of the virus.

The positivity rate – the percentage of those tested for the novel coronavirus who test positive – is considered a key indicator of how localities are faring against the coronavirus. Calculated on a weekly basis, it was at 11 percent last week, and Mayor Ron Nirenberg said Monday marked “the first time the positivity rate has been below 10 percent since early June.”

The positivity rate in Bexar County was as high as 25 percent in early July, he said.

With 109 new coronavirus cases reported Monday, the total stands at 45,364 since the pandemic began.

[…]

Local hospitalization rates continue to improve, with 473 people currently being treated at area hospitals, down five from Sunday. Of those, 207 are in intensive care and 139 are on ventilators. However, officials said the hospital system continues to be under high stress.

Four more deaths were reported Monday, raising the overall death toll to 725.

The seven-day moving average (the average number of positives within a 7-day period) in Bexar County increased only slightly to 148 on Monday, but continues to trend in the right direction, officials said.

Again, good news, but again look at the chart. This one shows the seven-day average of new coronavirus cases in Bexar County, which on June 5 was 74 and on August 22 was 137. That’s way down from the peak of 1,600, but still almost double what it once was.

I don’t want to underplay this, these numbers are so much better than they were a month ago, and the trend is clearly going in the right direction. We may get to those April/May/June levels in another week or two at this rate, and that’s excellent. But remember, April is when we were under the strictest shutdown orders, May is when the numbers were at their absolute lowest and also when we started reopening, and June is where it all started to fall apart. We can cautiously start to reopen again once the numbers are back down to these levels, but only if we stay committed to wearing masks and social distancing and avoiding large indoor gatherings. I would like to think that this time we really did learn the lessons we needed to learn to keep this virus at a manageable level, but it would be very easy for us to forget it all again, and repeat this cycle as if we knew nothing. The choice is ours.

Schools get an in person opening reprieve

Jul 16th, 2020

by Charles Kuffner.

1 comment

It started with this.

Texas will give school districts more flexibility to keep their school buildings closed to in-person instruction this fall as coronavirus cases continue to rise, Gov. Greg Abbott told a Houston television station Tuesday.

Public health guidance released last week indicated that school districts had to stay virtual for up to three weeks after their start dates, so they could get their safety protocols ironed out before bringing more students to campus. If they stayed closed longer than that, they would lose state funding.

Abbott on Tuesday said that time would be extended. His comment comes on the heels of a tumultuous week, after state education officials released guidance last Tuesday requiring districts to offer in-person instruction for five days a week to all parents who want it.

“I think Mike Morath, the commissioner of education, is expected to announce a longer period of time for online learning at the beginning of the school year, up to the flexibility at the local level,” Abbott said to KTRK. “This is going to have to be a local-level decision, but there will be great latitude and flexibility provided at the local level.”

The news, which Abbott said would be finalized in the next few days, will likely come as a relief to superintendents and educators asking the state for more flexibility on when and how they reopen school buildings. Some local health officials, including in El Paso and Laredo, had already demanded that schools in their areas start the year with virtual learning until cases go down.

And some larger, urban school districts, including San Antonio Independent School District, are planning to push their start dates later and keep all students online for three weeks, in order to avoid reopening school buildings as COVID-19 cases and hospitalizations surge.

See here for the background. Bowing to reality, we got this yesterday.

Local public health officials will be able to keep Texas schools closed for in-person instruction this fall without risking state education funding, a Texas Education Agency spokesperson confirmed to The Texas Tribune Wednesday.

Last week, the state’s education agency released an order requiring schools to open their buildings to in-person instruction five days a week for all students who want it. The order gives districts a transition period of just three weeks at the start of the year to hold classes virtually and get their safety plans in place before allowing students back on campuses. After the three-week transition, districts that stay entirely virtual would risk losing funding.

But TEA officials confirmed Wednesday they would continue to fund school districts if local health officials order them to stay closed, as long as they offer remote instruction for all students.

[…]

A TEA spokesperson told the Tribune that school superintendents and school boards cannot make the decision to stay entirely virtual for longer than three weeks without a mandate from public health officials.

Some school districts, including San Antonio Independent School District, are moving their start dates to later in August and then starting their school years entirely virtually for three weeks.

And later in the day, HISD followed suit.

Houston ISD plans to delay the start of its school year until Sept. 8, and remain in online-only classes for at least the first six weeks of school, keeping students and teachers home during that time, district officials said Wednesday.

Interim Superintendent Grenita Lathan, speaking to a group of parent-teacher organization leaders, said decisions about returning to in-person instruction “will be based on what the health threat level is” in the area. While district leaders hope to reopen facilities on Oct. 19, that decision could depend on orders issued by local health authorities or Gov. Greg Abbott.

“Right now, it is just not possible for us to do (reopen campuses), and I’m sorry that’s the situation,” Lathan said. “We moved too fast in the city and state as it relates to reopening.”

For now, the district’s 200,000-plus students will receive a mix of live instruction delivered via video conferencing and online coursework they can complete on their own time. Daily attendance will be tracked, with students considered present if they participate in live instruction, use the district’s online learning platform or submit completed assignments.

The district’s school board still must vote on delaying the start of the school year. HISD’s current 2020-21 calendar calls for resuming classes on Aug. 24. No school board meetings are scheduled for this month.

Six weeks is longer than three weeks, but as the story notes the forthcoming updated guidelines from the TEA are expected to allow for that. I can’t find it now, but there was a graphic some folks were sharing on Twitter that showed how we had closed all the schools when the COVID-19 case rate was way lower than it is now. I know we need to get the kids back into school for a whole range of reasons, and I certainly want my own kids to go back, but it doesn’t make any sense to do that until it’s safe. At this point, we’re doing what we had already done in March, kicking the can down the road and hoping things will be better in the future. That was briefly true at the time, but then, well, you know. Still better than sending kids into schools that aren’t ready to have them there in a safe fashion. We’ll see where it goes from here.

Whistling past the ICU

Jun 17th, 2020

by Charles Kuffner.

7 comments

Clap louder!

Gov. Greg Abbott and top Texas health officials on Tuesday responded to growing alarm over hospitals now swelling with coronavirus patients, assuring there is still plenty of space available even as some facilities have neared or surpassed capacity.

Speaking on yet another day of record high hospitalizations from the pandemic, Abbott said he is confident the state can continue reopening while controlling the spread of new infections.

“As we begin to open up Texas and Texans return to their jobs, we remain laser-focused on maintaining abundant hospital capacity,” said Abbott, a Republican. “The best way to contain the spread of this virus is by all Texans working together and following simple safety precautions.”

On Tuesday, the Department of State Health Services reported just over 2,500 COVID-19 patients in Texas hospitals, the highest single-day total since the pandemic began and nearly 67 percent more than on Memorial Day in late May. State and local leaders have pointed to the holiday weekend as one likely cause for the increase.

Statewide, there are still thousands of hospital beds and ventilators available. But in some of the largest cities, including San Antonio and Houston, the surge is pushing new limits. In Harris County, some hospitals said late last week that their intensive care units were near or above capacity.

Bill McKeon, CEO of the Texas Medical Center, said their number of COVID-19 patients has nearly doubled from its previous peak in late April. Many of the patients admitted now are younger and generally healthier, but are still susceptible to serious illness or death from the disease.

“If it continues to grow at this rate, we’re going to be in real trouble,” McKeon said of the admissions. He added that while it may not be feasible to reimpose lockdowns or other restrictions, state leaders should consider slowing the reopening if the uptick continues.

The official death count is past 2,000 now, though everyone knows that’s an undercount. On a per capita basis that’s still pretty low, but we’re doing our best to catch up. The idea that we’re “controlling the spread” in any fashion is laughable, except there’s nothing funny about what’s happening. And then we get this:

Abbott remained unwilling Tuesday to allow local officials to enforce their own mask ordinances, even as he acknowledged that many Texans are not wearing them. He instead accused Democratic county judges of not having done enough to punish businesses that fail to comply with other protocols, such as limits on public gatherings.

While they have the authority, Abbott said, many “haven’t lifted a finger.”

Hey, remember when Greg Abbott cravenly flip-flopped on consequences for not following his own executive orders? Good times, good times. What would you like the county judges to use, harsh language? Let’s not forget who’s in charge here.

As Gov @GregAbbott_TX now seeks to blame local officials, young people, and protesters for spikes in COVID cases, don’t forget that on April 27 he assumed all legal authority for the state’s response to the disease http://scottbraddock.com/2020/05/covid19pathforward/ #TxLege #coronavirus

— Scott Braddock (@scottbraddock) 3:53 PM – 16 June 2020

But local officials are still trying, at least:

The mayors of nine of Texas’ biggest cities urged Gov. Greg Abbott in a letter Tuesday to grant them the “authority to set rules and regulations” mandating face masks during the coronavirus pandemic.

As COVID-19 cases and hospitalizations continue to climb in Texas, an executive order from Abbott bans local governments from imposing fines or criminal penalties on people who don’t wear masks in public. The mayors wrote that many people in their cities continue to refuse to wear face masks and that “a one-size-fits-all approach is not the best option” when it comes to regulating the issue.

The letter is signed by Houston Mayor Sylvester Turner, San Antonio Mayor Ron Nirenberg, Austin Mayor Steve Adler, Dallas Mayor Eric Johnson, Fort Worth Mayor Betsy Price, El Paso Mayor Dee Margo, Arlington Mayor Jeff Williams, Plano Mayor Harry LaRosiliere and Grand Prairie Mayor Ron Jensen.

The letter asks Abbott to consider allowing each city’s local officials to decide whether to require the use of a face covering in order to prevent the spread of the virus.

Mayor Turner’s press release is here, and a copy of the letter sent to Abbott is here. There was no response as of Tuesday afternoon.

Finally, let’s not forget that even as businesses may want to reopen, coronavirus may not let them. It’s almost as if an unchecked pandemic is a hindrance to having your economy run at full capacity. But don’t worry, Greg Abbott has everything under control. Now keep clapping!

Austin’s sick leave ordinance is officially dead

Jun 7th, 2020

by Charles Kuffner.

Comments are off for this post

Killed by the State Supreme Court, which should come as a surprise to no one.

Austin still cannot enforce a mandatory paid sick leave ordinance its city council passed in February 2018 after the Texas Supreme Court on Friday declined to hear its case — during a pandemic that some policy experts argue has shown the need for such policies.

The ordinance — which required most private employers to allow workers to accrue 64 hours of paid sick leave per year — never went into effect, and has been in conservative crosshairs for more than two years. As soon as it was passed, Republican state lawmakers vowed that they would have it overturned with a state law. But so far, the death knell for the capital city’s policy, and similar policies in other major Texas cities, has come from the courts.

Represented by the conservative Texas Public Policy Foundation, a group of Austin businesses sued in 2018 to block it, arguing that the city ordinance was unconstitutional because it conflicted with the Texas Minimum Wage Act, which sets a statewide policy. Texas Attorney General Ken Paxton weighed in on the side of the businesses.

The Austin-based 3rd Court of Appeals, then dominated by Republicans, ruled in November 2018 that the ordinance was unconstitutional — a decision that will stand after the high court declined to hear Austin’s appeal this week. The court did not offer a reason for denying the appeal in a one-line order.

I never paid that much attention to the Austin ordinance or similar ones like it in San Antonio and Dallas because it was obvious from the jump how this was going to go. Republicans tried to pass a bill in the 2019 session that would have not only forbidden cities from passing sick leave ordinances but gone much farther than that, and only died because Dan Patrick tried to use it as a vehicle to overturn local non-discrimination ordinances, which after the 2018 election was a step too far. There has been some recent energy in Houston for passing a sick leave ordinance, but that is clearly a non-starter now. The only way this is happening is to pass such a bill in the Legislature, and that’s going to mean winning not only a majority in both legislative chambers but a bunch of statewide elections, too. On our side is the fact that paid sick leave polls well, and now is the best possible time to persuade people that forcing sick employees to go to work or lose pay is a Bad Idea. There’s a lot of work to be done to make this happen, but it’s doable.

Abbott issues disaster declaration following protests

Jun 1st, 2020

by Charles Kuffner.

Comments are off for this post

Where we are now.

Gov. Greg Abbott announced Sunday afternoon that the entire state of Texas will be placed under a disaster declaration in response to demonstrators in several Texas cities protesting the death of George Floyd, a black man who was killed Monday in Minneapolis police custody.

The declaration allowed Abbott to designate federal law enforcement officers to perform the duties of peace officers in Texas.

Thousands of protesters marched in Texas cities on Friday and Saturday, outraged after Floyd was filmed crying out for help as a white police officer pinned him to the ground with a knee to his neck. The officer, Derek Chauvin, was later arrested and charged with third-degree murder and manslaughter.

“Every Texan and every American has the right to protest and I encourage all Texans to exercise their First Amendment rights,” Abbott said in a statement. “However, violence against others and the destruction of property is unacceptable and counterproductive.”

His announcement comes a day after he activated the Texas National Guard “in response to protest violence” across the state. In several of the state’s large metropolitan areas — including Houston, Austin, Dallas and San Antonio — protesters clashed with police who sometimes used rubber bullets and tear gas.

Abbott also sent state resources to Houston, Austin, Dallas and San Antonio on Saturday afternoon and said he’s spoken to the mayors of all four cities, as well as law enforcement officials. He said Sunday that he also increased those resources for cities throughout Texas and that the Federal Bureau of Investigation has deployed tactical teams to assist state and local law enforcement.

[…]

Prior to Abbott’s announcement, several Texas cities took measures into their own hands. On Saturday evening, the mayor of San Antonio imposed a curfew as a result of escalating tensions due to the protests.

In Dallas, where officials defended the use of tear gas at protests for Floyd, Dallas Police Chief Reneé Hall said Sunday afternoon that a 7 p.m. curfew will go into effect Sunday and end at 6 a.m. “for the next several days,” The Dallas Morning News reported. In Austin, meanwhile, organizers canceled a protest planned for Sunday afternoon out of fear that “white agitators and other agitators of color” would co-opt the event and put black Texans in harm’s way.

The single best thing that can happen right now is for law enforcement agencies around the country to stand down and stop being violent themselves. After that we’ll see, but people have been pushing for moderate and incremental police reforms for a long time now with little success. What are people supposed to do now?

The fight over sick leave has to be at the state level

Apr 29th, 2020

by Charles Kuffner.

6 comments

I get this, but it’s not going to work.

Mayor Sylvester Turner

The coronavirus outbreak is sparking a debate over paid sick leave in Houston, the largest U.S. city without a law requiring businesses to provide paid time off for workers who fall ill.

Labor leaders say the COVID-19 pandemic has bolstered their argument for a paid leave mandate, arguing such a policy would slow community spread of the disease here.

Mayor Sylvester Turner largely has ignored the push, making clear he will not take action on paid sick leave while the health and economic crisis continues to play out.

“Right now, the private sector is hurting, just like the public sector is hurting,” Turner said in an interview. “Businesses are taking it on the chin, and that’s been across the board: small, medium-sized, large. So, let’s get past this crisis, and then we’ll have an opportunity to have a robust discussion on the other side.”

As Houston and Harris County residents pass a month of stay-at-home restrictions to prevent local hospitals from becoming overwhelmed with patients, Turner and County Judge Lina Hidalgo are coming under intensifying pressure from business owners on the one hand who say they cannot survive more weeks of forced closures, and health officials on the other who say coronavirus testing remains too scarce to drop the restrictions.

Labor advocates and health experts have warned that many employees who lack paid sick leave will skirt federal guidelines and show up to work when they are ill because they cannot afford the lost wages from missing even a few days of work. Without a paid sick leave mandate, they say, “essential” Houston workers remain uncovered if their employers do not offer it and are exempted from a federal coronavirus paid leave package that contains broad loopholes.

“There is clear evidence from states and cities across the country that when workers have access to paid sick days, they’re more likely to stay home and take care of themselves,” said Vicki Shabo, a senior fellow for paid leave policy at the Washington, D.C., think tank New America.

[…]

Austin, Dallas and San Antonio have passed ordinances mandating paid sick leave, and each has been blocked or delayed by legal challenges that allege Texas’ minimum wage law preempts the ordinances.

Dallas’ paid sick leave policy, which would require employers to grant one hour of paid leave for every 30 hours an employee works, was halted by a federal judge March 30, two days before penalties for non-compliant businesses would have taken effect.

I’m sympathetic to the argument that now is a bad time for businesses to be asked to bear an extra expense. I’m even more sympathetic to the argument that now is a really really bad time to incentivize sick people to go to work. The problem is that as things stand now, there’s nothing the city of Houston can do about it. We could pass a sick leave ordinance, either by Council action or by referendum, and it would be immediately blocked by the courts, as it has been in those other cities. The only way forward is to change the state minimum wage law that is being interpreted by the courts as forbidding local sick leave measures. That’s not something that can be done in the short term. A Democratic-led House could pass such a bill next year, but as long as Greg Abbott and Dan Patrick and Ken Paxton are in office, it won’t go any farther than that.

So, as unsatisfying as it is to say, we have to win some more elections first before we can make this happen. The good news is that this is the best time imaginable to make the argument in favor of paid sick leave. The case for having sick workers stay home rather than infecting everyone they encounter has never been more clear, and likely will never be better received by the voters. Let the Republicans defend that position. There’s very much a fight to be had, and that’s where we need to have it.

Mask up

Apr 23rd, 2020

by Charles Kuffner.

35 comments

Time for the next step in virus mitigation.

Judge Lina Hidalgo

Harris County Judge Lina Hidalgo on Wednesday ordered residents to cover their faces in public, the latest effort by local governments to slow the spread of the novel coronavirus.

The new rules, which require residents 10 and older to cover their nose and mouth when outside the home, take effect Monday and last 30 days. Acceptable garments include a homemade mask, scarf, bandana or handkerchief. Medical masks or N-95 respirators are not recommended as they are most needed by first responders and health workers.

Under the order, the county’s 4.7 million residents must cover their faces at all times except when exercising, eating or drinking; the exemptions also include when individuals are alone in a separate single space, at home with roommates or family, or when wearing a mask poses a greater risk to security, mental or physical health. Violating the mask rules is punishable by a fine of up to $1,000, though Hidalgo urged police to use discretion.

Unlike previous restrictions announced by the city and county executives, Hidalgo’s mask order drew fierce, partisan rebuke, highlighting what has become a national political divide over coronavirus restrictions.

[…]

Employers at businesses deemed essential under Harris County’s stay-at-home order must provide face coverings and training to workers whose jobs require them to come into contact with colleagues or the public. Hidalgo has yet to determine whether to extend the stay-at-home rules, which expire April 30.

Hospitalization data suggests the curve of new cases is flattening here, Hidalgo said at a news conference Wednesday. The region still is susceptible to another wave of infections, she warned.

“If we get cocky, we get sloppy, we get right back to where we started, and all of the sacrifices people have been making have been in vain,” Hidalgo said while wearing a homemade mask. “Let’s not get complacent. Let’s remember that we still have work to do.”

Hidalgo said the mask rules were spurred by her team’s realization the outbreak would require a long-term health response that extends beyond the end of stay-home rules.

Houston Mayor Sylvester Turner endorsed Hidalgo’s plan. He thanked residents for their sacrifices to date and said he would announce a plan Thursday to distribute 70,000 masks to vulnerable residents.

Masks are a crucial tool to prevent a surge in cases as businesses and public spaces reopen, said Firas Zabaneh, an infectious disease expert at Houston Methodist. He said they also serve as a visual reminder to maintain social distancing.

“The public will be safer with masks on,” Zabaneh said. “As we ease the restrictions, more and more people are going to be interacting with each other.”

The Centers for Disease Control recommends wearing masks when social distancing is not possible, such as at a grocery store. Many people who have coronavirus do not show symptoms, and the disease can be spread through speaking, coughing or sneezing.

I omitted all the partisan criticism, which included a particularly whiny response from the police union president, because sniveling is pathetic and life is short. As the story notes, Laredo and Dallas and San Antonio have issued similar orders without any of the fuss; I’ll leave it to you to decide why the same thing from Judge Lina Hidalgo inspired such vitriol. The police guy went running to AG Ken Paxton to ask if she was allowed to do that, and he demurred, while reminding the cops that they do have the discretion to not issue citations.

Anyway, look. The way forward with this pandemic, certainly until we have an effective treatment regimen and eventually a vaccine, is going to include things like masks, plus continued social distancing and universal testing and a whole lot more hand sanitizer and bleach wipes. This is the new normal, whether we like it or not. It would be nice if everyone went along with this willingly, but we’ve already seen that a significant portion of the population doesn’t take any of this seriously. This is where we are.

Galveston and Montgomery Counties have not followed suit. For what it’s worth, they were behind the curve in issuing stay-at-home orders, too. With Greg Abbott’s forthcoming order to “reopen” the economy, it’s possible that Hidalgo’s order will be quite short-lived, since Abbott seems to have remembered that he doesn’t like letting local governments do things. As is so often the case lately, I have no idea what happens next. Buckle up, it’s gonna be bumpy. The Press has more.

Here come the shelter-in-place orders

Mar 24th, 2020

by Charles Kuffner.

15 comments

The shutdowns are getting shut-down-ier.

Be like Hank, except inside

Many of Texas’ biggest cities and counties are ordering residents to shelter in place whenever possible.

San Antonio Mayor Ron Nirenberg and Bexar County Judge Nelson Wolff on Monday evening ordered residents to stay in their homes as the state grapples with the rapid spread of the novel coronavirus. The move came one day after Dallas County issued a similar order. Meanwhile, the Austin City Council and Travis County will team up Tuesday to issue a stay-at-home decree, Austin Mayor Steve Adler told The Texas Tribune on Monday. And Fort Worth city officials said Mayor Betsy Price and Tarrant County Judge Glen Whitley will do the same at a Tuesday morning press conference.

By lunchtime Tuesday, residents in at least four of the state’s five biggest cities are expected to be under such orders. The only possible holdout is Houston, the state’s most populous city, which hasn’t publicly announced any plans. But the Houston Chronicle has reported Harris County officials began drafting a shelter-in-place order over the weekend.

“Our message is simple: You must stay at home,” Nirenberg said at a press conference in San Antonio on Monday evening. “The best way to reduce the spread of the coronavirus is through strict social distancing.”

San Antonio’s “Stay Home, Work Safe” order is effective 11:59 p.m. Tuesday through 11:59 p.m. April 9.

You can add in Galveston County and some other places as well. If Greg Abbott isn’t going to do it, then it looks like everyone else will. As for Houston, here’s that Chron story:

Harris County officials over the weekend began drafting an order to place further restrictions on public activity in order to curb the spread of the novel coronavirus, according to sources with direct knowledge of the discussions.

Doctors and health experts across the country have said such orders are necessary to prevent COVID-19 from spreading so rapidly that it overwhelms the nation’s health care system. Texas Medical Center president and CEO William McKeon said Monday morning the presidents of TMC hospitals and other institutions were “unanimous in our strong recommendation to move to shelter in place.”

[…]

Harris County Judge Lina Hidalgo said at a news conference Monday morning “it may be that we issue a stay-at-home order or something of the sort.” She said county officials are still assessing whether to do so, and seeking the advice of other local leaders including Houston Mayor Sylvester Turner.

Judge Hidalgo and Mayor Turner are holding a joint press conference with local health leaders this morning “for a COVID-19 related announcement”, which sure sounds like the prelude to a shelter-in-place announcement, but we’ll see.

What this means is that most businesses are ordered to shutter, minus “essential services” like grocery stores, pharmacies, and of course health care facilities. You’re either working from home, or you’re on a break, likely for two weeks initially (what Bexar County ordered), though it could get extended. You can go outside to exercise as long as you maintain social distancing, and there may be civil enforcement for violations. I’m making some assumptions here – who knows, maybe Judge Hidalgo and Mayor Turner have something else to say, though I can hardly imagine what it could be – but this is what we have seen in cities that have already gone down this road. So, on the likelihood that this is what’s in store, get ready to hunker down a little harder. It’s what everyone thinks is our best hope right now.

UPDATE: The shelter in place order for Harris County is now in effect, effective tonight at midnight through April 3.

Metro suspends fare collections

Mar 23rd, 2020

by Charles Kuffner.

1 comment

Among other things.

Transit in Houston will be free starting Monday and passengers will use the rear door to board and exit buses to limit exposure to drivers and other riders, Metropolitan Transit Authority officials announced Friday.

The changes are aimed at providing some social distance for passengers and employees while also offering some savings for Houstonians facing job and wage losses during the pandemic-induced economic downturn.

“Everyone is facing economic hardships, so we are going to adjust the system,” Metro CEO Tom Lambert said.

While necessary for many to access jobs, crowded buses and trains complicate efforts for riders to keep a distance between themselves and others as medical experts advise to reduce the spread of the coronavirus or the COVID-19 illness it causes. Though Metro has seen sharp declines in ridership, it remains fully functional, agency leaders said.

Generally, only the back doors of local buses will be used so fewer people have to walk from the front of the bus to a seat, Lambert said. Anyone who needs a ramp or lower step to enter and exit the bus still will be able to use the front door, he said.

Dropping fares is one of several changes to Metro’s operations in response to the COVID-19 crisis. Along many high-use routes, Metro has added buses and put placards on seats encouraging people to distance themselves from other passengers.

You can see the full press release from Metro here, and their coronavirus resource page is here. San Antonio’s VIA has taken the same step. Metro is also running more buses on certain routes to help people maintain social distancing. There’s still a lot of people that have to go to work, and they deserve all the care we can give them. Like traffic in general, Metro’s ridership is down at this time, and they will have to deal with the financial fallout from that when this is over, but in the meantime they’re still providing service. I’m glad for that.

Abbott declares a state of emergency

Mar 14th, 2020

by Charles Kuffner.

33 comments

Seems like it’s called for.

Gov. Greg Abbott on Friday declared that the new coronavirus is a statewide public health disaster and said that Texas is on the verge of being able to significantly ramp up its testing capacity.

At the same time he announced that he was directing day cares, nursing homes and prisons to limit visitations.

He said San Antonio is opening on Friday the first state drive-through with testing capabilities that will initially prioritize health care workers and high-risk patients.

Abbott also finally clarified the state’s testing history so far and current capabilities. In total, he said there have been 220 Texans tested by either a state public lab or by the Centers for Disease Control and Prevention. There are another 75 Texans being tested currently.

On Friday, the state’s testing capacity was roughly 270 people per day, but he said next week that capacity will expand into the thousands as private labs come online.

The Chron adds some more details.

The governor didn’t provide details on where and when the lab would open. But he credited Mayor Ron Nirenberg and his team for leading the way on the issue.

The facility will initially be only for first responders, health care workers, operators of critical infrastructure and key resources and certain high-risk patients, Abbott said.

He said the state has tested 220 Texans so far for the virus and he expects public and private labs to exponentially increase the capacity next week. The labs will be able to test several thousand people a week.

It’s a good and necessary start, but there’s a lot more that can be said and done. What about paid sick leave, which the state is fighting tooth and nail in court, for one? What about the millions of people with no health insurance, including all those who would have benefited from an expansion of Medicaid? It may seem crass and opportunistic to bring up heated political points like these right now, but we’d be in a much stronger position now if Abbott and his fellow Republicans hadn’t so fiercely opposed these things. Policy and politics matter. We shouldn’t let Abbott off the hook for these things just because he did his job today. WFAA and the DMN have more.

Cable franchise fees lawsuit heard

Feb 22nd, 2020

by Charles Kuffner.

Comments are off for this post

Rooting for the cities, because this is a mess.

Lawyers representing 59 cities, including Austin, Houston, Dallas and San Antonio, on Wednesday asked an Austin district court judge to temporarily block a Texas law passed last year that cuts government fees for telecommunications and cable companies.

Senate Bill 1152, which took effect Sept. 1 and started to apply to payments starting Jan. 1, allows companies that offer both cable and phone services over the same lines to only pay the lesser of the two charges to local governments for using their rights-of-way. No physical change is required to add new uses of a line.

C. Robert Heath, one of the attorneys who represents the cities, said the law amounts to an unconstitutional gift of public resources to private corporations and said estimates show it would cost cities at least $100 million a year.

The cities argue that the Texas Constitution forbids cities, counties and other political subdivisions from giving away public money or things of value to private groups or individuals. The companies are not required to pass on savings to consumers because the state can’t regulate cable rates.

“It’s like ‘buy one, get one free,’” Heath said. “So we’re saying, ‘No, no, you can’t do that. You’re giving away the use of the right-of-way.’”

Houston Mayor Sylvester Turner had pushed legislators to oppose the measure and has said it cost the city about $17 million in annual revenue this year and has hurt its ability to offer services to residents.

“Given the fee would fluctuate with the number of cable customers, what is not changing is the significant impact this has had on our city budget,” Bill Kelly, Houston’s director of government relations, said Wednesday. “Anyone asking the cable companies why no one has lowered their bills?”

[…]

Assistant attorney general Drew Harris, who represents the state, argued that the reduced fee is not the same as a gift, making the analogy of toll roads that charge per car, not per passenger. Harris added that Texas law says the state owns rights-of-way, meaning the cost of using them is a matter for the Legislature to decide.

See here and here for the background. I must have missed the actual filing of the lawsuit, but never mind. We all know this will get to the Supreme Court eventually, and we know they love to rule in favor of businesses. The question is whether they’ll be overturning a lower court verdict or not. The judge has promised a quick ruling after the state files a response to a late plaintiffs’ motion, so we won’t have to wait too long to see where we start out.

Another scooter injury study

Feb 1st, 2020

by Charles Kuffner.

Comments are off for this post

Keep ’em coming.

Photo: Josie Norris /San Antonio Express-News

Electric scooter injuries have surged along with their popularity in the United States, nearly tripling over four years, researchers said in a study published Wednesday.

Nearly 40,000 broken bones, head injuries, cuts and bruises resulting from scooter accidents were treated in U.S. emergency rooms from 2014 through 2018, the research showed. The scooter injury rate among the general U.S. population climbed from 6 per 100,000 to 19 per 100,000. Most occurred in riders aged 18 to 34, and most injured riders weren’t hospitalized.

For the study published in JAMA Surgery, researchers at the University of California, San Francisco, analyzed U.S. government data on nonfatal injuries treated in emergency rooms.

“Improved rider safety measures and regulation” are clearly needed, the researchers said.

See here, here, and here for previous studies, and here to see this one. Clearly, helmets are going to have to be mandated, and from there it’s going to be up to cities to figure out how to safely incorporate these things into their transportation infrastructure. Bikes have been around for a long time and we’ve mostly figured them out, but scooters are new and sexy and are being pushed by Silicon Valley startups, so there are a lot of bumps in the road still to come. Hopefully we can begin to bend the curve on this. And no, I have no idea what the status of scooters coming to Houston is. Maybe that will be on an upcoming Council agenda. Assuming that scooter expansion is still the plan for these companies, which may not necessarily be the case any more. Maybe that’s why we haven’t had any news lately. CNet has more.

Texas Central and Lone Star Rail

Dec 1st, 2019

by Charles Kuffner.

Comments are off for this post

Noted for the record.

In South Central Texas, 20 state legislators have revived talk of a San Antonio to Austin passenger rail line. Area lawmakers signed a letter in August asking Transportation Committee chair and state Rep. Terry Canales (D-Edinburg) to study the possibility of rail between the two cities.

On Wednesday, rail in Texas was the topic of a panel discussion that included [Holly Reed, the managing director of external affairs of Texas Central], State Rep. Ray Lopez (D-San Antonio), and Tyson Moeller, general director of network development for Union Pacific railroad, at a San Antonio Chamber of Commerce transportation committee meeting.

The discussion, which was closed to media, touched on passenger rail between Austin and San Antonio, freight rail, and the Houston-Dallas high-speed rail project, according to Jonathan Gurwitz, vice president of communications company KGBTexas and chair of the San Antonio Mobility Coalition who attended the meeting.

He was most struck by a few numbers that Union Pacific’s Moeller cited: Approximately 15,000 to 20,000 semi-trucks worth of goods are shipped on trains every day passing through San Antonio. That means 15,000 or so fewer trucks on Interstate 35.

“If you think of it in that way, what impact rail really has on San Antonio, the amount of goods and services that move in and out of our region by rail, it has an extraordinary impact on our economy,” Gurwitz said. “I think most people in San Antonio don’t realize the significance of rail.”

Union Pacific remains focused on moving freight and not people, said Raquel Espinoza, senior director of corporate communications and media relations at Union Pacific. The railroad company effectively killed an earlier Austin-San Antonio passenger rail project when it exited the Lone Star Rail District proposal in 2016.

Union Pacific has no plans to expand passenger rail access for other entities like Amtrak on its lines, Espinoza said.

“Our role is to move freight in an efficient, environmentally friendly way,” she said.

See here for the recent news that Lone Star Rail may rise from the dead again. I’m very much at a “believe it when I see it point”, especially with Union Pacific reiterating its long-held stance that they are not going to share their existing tracks for any passenger rail. A rail line between Austin and San Antonio – really, between Georgetown and the south side of San Antonio, as the original LSR envisioned – makes all kinds of sense, but it becomes a lot more expensive and problematic from a right-of-way perspective if a whole new set of tracks have to be laid down. Not impossible, one assumes, and certainly doable if the will is there. It’s just that there’s many years of evidence to show that it does not, at least not in sufficient quantities. But hope springs eternal, and I will always hope that somehow, some way, this gets built.

Our slowing population growth

Sep 19th, 2019

by Charles Kuffner.

1 comment

Noted for the record.

Texas remains one of the fastest growing states in the U.S., but a report published by the Dallas Federal Reserve Bank showed a significant reduction in the number of people moving to Texas since 2015. That’s left employers — who are already having a difficult time finding workers amid historically low unemployment rates — in an even tougher position.

Since 2016, the share of population growth in Texas from people moving to the state is half of what it was previously. Each of Texas’ four largest metro areas — Houston, San Antonio, Austin and Dallas — has experienced a reduction in domestic migration and overall population growth.

“We’ve seen really good growth, and yet we’re seeing slowing of migration — and that’s not because we’re less attractive. It’s because outside of Texas, things are also very good,” said Keith Phillips, senior economist at the San Antonio branch of the Dallas Federal Reserve.

In other words, the so-called Texas Miracle — the state’s unrivaled ability to create jobs and economic opportunity — now has rivals. Nationwide, most workers can find jobs if they want them, making a cross-country move to Texas in search of a paycheck less appealing.

In the five years from July 1, 2010, through July 1, 2015, Texas saw more than 138,000 people on average move to the state each year from elsewhere in the country. But from July 2015 to July 2018, Texas added just under 96,000 people each year from domestic migration — a 31 percent annual drop, according to the U.S. Census Bureau.

[…]

Some industries — such as information technology — have a harder time finding workers than others.

David Heard, CEO of TechBloc, the San Antonio technology industry group, said the city has had difficulty standing out to potential workers among cities across the nation with promising tech industries, such as Nashville, Tenn., or Columbus, Ohio.

With tech workers in demand in metro areas across the nation, the decision often comes down to which city offers the best quality of life, Heard said.

“These people tend to get paid well,” he said. “Wherever they go, they’re in demand, so the issue is about how being competitive on salary and having job availability often aren’t what charge their decision. It really comes down to lifestyle issues.”

Most cities looking to attract tech workers and other “creatives” have been following the same gospel — investing in public and cultural amenities such as lush parks and concert halls to lure talent — for nearly two decades. The slowdown in migration to Texas makes the challenges for tech companies even more daunting.

The Dallas Fed projects that around 90,500 Americans will migrate to Texas from elsewhere in the country in 2019. That tops the 82,500 people who migrated to Texas last year, but it’s down from the years following the Great Recession, when 123,000 people on average came to the state annually.

“Domestic migration is usually an indication of employment opportunities or a lack thereof,” Lloyd Potter, Texas’ state demographer, said. “Essentially, it’s an indicator of a slowdown of at least one sector of the economy … The confusing aspect of it is that we have very low unemployment.”

Potter said the decline in people moving to Texas is difficult to parse because of the differing regional economies across the state.

We’ve talked about some of this before, in the context of Houston’s slowing population growth and the Latino population growth engine that keeps our state moving forward. I think it’s unlikely that these trends will continue over the longer term, but it’s always worth keeping an eye on this stuff and thinking about what underlying causes there may be. And it’s another reminder that a complete and accurate Census count is vital, because otherwise we’re just guessing. Sure would be a bad idea to let the Trump administration screw that up.

The San Antonio Chick-fil-A lawsuit

Sep 15th, 2019

by Charles Kuffner.

4 comments

Oh, good Lord.

In a lawsuit citing a controversial new state law, five area residents are suing the city of San Antonio over its decision to prevent Chick-fil-A — a franchise known for opposing same-sex marriage — from opening a location in the city’s airport.

“The continued religious ban on Chick-fil-A by the San Antonio City Council has by left citizens with no choice but to take this case to court,” Jonathan Saenz, president of Texas Values Action, said Monday at a news conference with the plaintiffs in announcing the lawsuit. “Any other vendor that tries to replace Chick-fil-A at the airport will be doing so under a major cloud of long and costly litigation with the city.”

The lawsuit, which also seeks the city to pay the plaintiffs’ legal fees, calls for an injunction preventing San Antonio from taking adverse action against Chick-Fil-A or others “based wholly or partly on that person or entity’s support for religious organizations that oppose homosexual behavior.”

It cites Senate Bill 1978, a law passed this year in the Texas Legislature, that outlaws government retaliation based on “membership in and support to religious organizations.”

Laura Mayes, chief communications officer for the city of San Antonio, said in an email that the lawsuit “is an attempt by the plaintiffs to improperly use the court to advance their political agenda.”

“Among the many weaknesses in their case, they are trying to rely on a law that did not exist when Council voted on the airport concessions contract,” Mayes said. “We will seek a quick resolution from the Court.”

State Rep. Mary González, D-Clint, chairwoman of the Legislature’s LBGTQ caucus, said in a statement that it is disappointing that SB 1978 has “created the space for discriminatory lawsuits, such as the one against San Antonio” and commended San Antonio City Council for supporting inclusion.

“LGBTQ Texans are routinely denied fair and equal access to education, healthcare, housing, and economic opportunity — that is what the government should be protecting Texans from,” González said.

See here, here, and here for the background. The Current explains how silly this is.

The suit, filed in Bexar County district court, argues that a recent Texas law dubbed the “save Chick-fil-A bill” makes it illegal for the city to bar the fast-food purveyor from the airport. The problem with that, points out St. Mary’s University Law Professor Michael Ariens, is that the law passed after the city’s decision, and courts are almost never willing to retroactively apply statutes.

“I didn’t see any statement in the petition explaining why it is permissible for a court to apply retroactively the statute which serves as the basis for the plaintiffs’ claim,” Ariens said, “And I know the City of San Antonio will raise this as a defense, so I’m not sure what is going on.”

[…]

Also likely dooming the suit is the concept of standing, which requires plaintiffs to show they suffered damages, Ariens said. To that end, the petition only explains that the plaintiffs “use the San Antonio airport for travel and would patronize Chick-fil-A at the airport if it were allowed to operate there.”

Yes. Really.

It’s difficult to imagine any court considering an unmet craving for fried chicken — no matter how tasty — as a legitimate damage.

Yeah, that’s pretty weak, but Chick-fil-A is the golden calf of the zealot faction these days. If nothing else expect there to be a lot of posturing, and it’s only a matter of time before Ken Paxton invents a reason to get involved. This will go on for awhile.

Red flag

Sep 12th, 2019

by Charles Kuffner.

1 comment

This seems like maybe it’s a problem.

A report out Wednesday by the San Antonio Express-News found that a gun owner in Texas had sent more than 100 pages of racist and violent letters to the Texas Attorney General’s office threatening to kill undocumented immigrants over the course of a year and a half, and that nothing was done to stop him or to communicate the threat to local authorities.

“We will open fire on these thugs,” the white man who allegedly sent the messages wrote in an email to the office. “It will be a bloodbath.”

Over the same period, local officers in San Antonio responded to 911 calls made by and about the man, and visited his house, on at least 35 occasions. However, because he had never seemingly committed a crime, police did not arrest him or take legal action. Nearby neighbors told the Express-News that the man’s home is covered in security cameras and that he often emerged holding a shotgun.

When alerted by a reporter at the Express-News of the threats made to the Attorney General’s Office, the police force did respond. “Since you’ve made us aware of those threats, our fusion center and our mental health unit have reached out to the AG’s office and are trying to work something to make a case against [the alleged suspect Ralph] Pulliam,” Sargent Michelle Ramos told the paper. “They’re going to investigate that.”

The threats and lack of communication by Republican Texas Attorney General Ken Paxton to local police takes on a new light in the wake of two mass shootings in Odessa and El Paso. The El Paso shooter had long written about his hatred for immigrants and his mother had reportedly called the police before the shooting because she did not think her son should own a gun.

“These messages are clearly threats of deadly force against San Antonians based solely on the color of their skin,” wrote State Representative Trey Martinez Fischer in a letter to Paxton. “It is deeply alarming to me that despite the large volume and explicit nature of the messages from Mr. Pulliam, the Office of Attorney General has taken so long to cooperate with local law enforcement.”

The story was published in the print edition of the Sunday Chronicle, but there’s no link for it yet on the Chron site and the E-N story is behind the paywall, so this is the best I can do. Do bear in mind that Ken Paxton has been actively encouraging people like this to report their complaints to his office, so it’s no wonder he’s being tight lipped about this. Dude’s one of his best customers. In the meantime, while we hope this guy doesn’t follow through on any of the many threats of violence he has made, let’s see if any of our Republican leaders, who have been trying to convince us that they might actually Do Something this time, will at least voice support for disarming this guy. I’m not going to hold my breath.

Will Lone Star Rail get resurrected?

Sep 9th, 2019

by Charles Kuffner.

Comments are off for this post

Maybe!

A coalition of San Antonio and Austin state representatives has asked the House Transportation Committee chair to study the possibility of passenger rail between the two cities ahead of the 2021 legislative session.

Congestion between the two cities will only increase, the legislators wrote, costing drivers time and money.

“Improved transportation connectivity is critical for the Austin-San Antonio corridor,” 20 legislators said in an Aug. 16 letter. “We must not only look at how to utilize our current assets most effectively, but also find new and creative solutions for this corridor. As members of this region, we believe that it is imperative for the House Transportation Committee to explore new opportunities for our constituents to have frequent, safe, and dependable transportation.”

Officials from the Austin and San Antonio areas have been trying to connect the two cities by passenger rail for years. The Lone Star Rail District proposal stalled after Union Pacific pulled out of the project in 2016 over concerns about how passenger rail using its tracks would impact its freight operations. The Capitol Area Metropolitan Planning Organization (CAMPO) pulled its funding for the project later that year, leaving the Alamo Area Metropolitan Planning Organization (AAMPO) few options for keeping the project alive.

The rail line proposed by the Lone Star Rail District would have had multiple stops, starting at the University of Texas A&M-San Antonio and ending in the north-of-Austin suburb Georgetown.

Rep. Ray Lopez (D-San Antonio) served on AAMPO’s board and as the city councilman for District 6 during passenger rail discussions. He said the corridor rail project took many blows but could be revived with proper action from the State.

“Texans have engaged in overviews and reviews, but what we need to do is have a strong directive from the state … and request or require or demand, indeed, that some action plan be created and presented to the Legislature for consideration and ultimately funding,” Lopez said.

[…]

San Antonians have rejected rail before, but as a local means of public transportation. Voters shot down light rail in 2000 and in 2015 approved a charter amendment requiring light rail proposals go to voters.

But if an intercity rail project starts up again, Mayor Ron Nirenberg said San Antonio would support it “if the state worked with us and we found a path forward for rail between Austin and San Antonio.”

“It has been a priority for this community for almost three decades,” he said. “And I’ve always said it will happen once the governor’s office makes it a priority.”

The last we heard about this was in 2016 when the previous plan died, in part because of a failure to come to an agreement with Union Pacific to share its tracks. On the one hand, a passenger rail line between San Antonio and Austin makes all kinds of sense and would be a fantastic alternative to the money and traffic pit that is I-35. On the other hand, well, the past couple of decades trying to get this line even to a preliminary approval stage with no success doesn’t bode well. But maybe this time it’s different. I’m rooting for it, but my expectations are firmly under control. The Current has more.

Add HEB to the autonomous grocery delivery trend

Jul 15th, 2019

by Charles Kuffner.

1 comment

In San Antonio, at least. Maybe in Houston later if it goes well for them.

Customers near an H-E-B in suburban San Antoni0 can soon get their eggs, fruit and tortillas dropped off by a vehicle with no one at the wheel.

The San Antonio-based company is working with Udelv, an autonomous delivery startup in California, to test self-driving vans on streets around the store starting this fall.

“The world is changing fast and our customers’ expectations are changing,” said Paul Tepfenhart, senior vice president of omnichannel and emerging technologies at Central Market and H-E-B. “We have a growing, thriving online business, and we’re trying to figure out how in the world we’re going to keep up with this emerging demand.”

During the first phase of the pilot, a Udelv employee will drive a van developed by the startup with a H-E-B employee along for the ride to help with deliveries.

As the technology collects and analyzes data and learns the optimal routes, it will eventually take over the maneuvering. However, H-E-B will still have the ability to control the van remotely, Tepfenhart said.

[…]

Kroger, Amazon and other retailers have experimented with autonomous vehicles, and Udelv is also working with Walmart to test its vans at Arizona stores and with XL Parts to try out the technology in Houston.

We know about Kroger. I see that bit at the end about Udelv and Walmart in Houston, but a little googling around did not find anything more on that. As for HEB, much like the Kroger pilot in Houston this is being limited to one store at first, in HEB’s case in Olmos Park, with the program set to begin later in the summer. This is clearly the next frontier for grocery stores, so get ready for a more widespread deployment soon. I still think there will be demand for some old fashioned non-autonomous grocery deliveries, for folks who can’t or don’t want to haul the groceries into their residences themselves. But if there’s enough demand to support this option, I’d guess it will be the bulk of the delivery market in short order. The Current and the Rivard Report have more.

Scooters and the negative effect on disabled folks

Jul 13th, 2019

by Charles Kuffner.

4 comments

A deep dive on the San Antonio experience.

Photo: Josie Norris /San Antonio Express-News

From the moment they appeared in cities across the country, the business model for electric scooters has depended on riders’ abandoning the machines wherever the ride ends. Users unlock scooters with a cell phone app, put $1 on their credit card plus 15 to 30 cents per minute to ride, and routinely ignore city rules against dumping the vehicles in the curb cuts that make sidewalk wheelchair use possible.

San Antonio’s new ban on riding scooters on sidewalks — if it’s enforced — will only partially restore a path to a freer life for disabled people. Scooters are still legal to park on the sidewalk itself, and the city’s “light touch” preference for warnings and education over police ticketing and confiscation leave the disabled skeptical that much will change.

Urban commentators might curse scooters as a metaphor for a hurried, narcissistic age, but disabled people generally see the glut of abandoned vehicles as a physical affront.

“We’ve spent 30 years making sidewalks accessible,” said Curt Decker, executive director of the Washington-based National Disability Rights Network, referring to passage of the Americans with Disabilities Act in 1990. “And then overnight we’re forced into asking cities, ‘Why have you allowed this to happen without thinking of their impact?’”

The problem is especially acute and visible in San Antonio, which U.S. Census figures show has the nation’s second highest rate of residents with “ambulatory difficulty” — 9.5 percent of San Antonians ages 35 to 64, or about 100,000 people. Among the 10 largest U.S. cities, only Philadelphia had a higher rate.

Blind people feel especially harassed by the two-wheeled whippets, said Sandy Merrill, CEO of San Antonio-based Guide Dogs of Texas, which trains service dogs for the vision-impaired.

“It’s difficult enough dealing with what’s in front of you,” Merrill said. “But now our dogs and people have to deal with something almost silent zipping behind them at 15 miles an hour. I wish young people would think about how they’re using them.”

[…]

John Jacks, director of San Antonio’s Center City Development and Operations Department and the city’s de facto scooter czar, sounds sympathetic to the complaints of disabled citizens, but is loath to criticize the scooter companies or call for aggressive policing of a breezy business culture more determined to ask for forgiveness than for permission.

The city won’t create the rules designed to change that culture. It has asked the companies to do it themselves, by submitting detailed proposals for bringing order to the scooter scrum. By October, the city will cut the number of permitted scooter firms from six to three and reduce their fleets of dockless vehicles from a total of 16,000 to 5,000. Jacks said the city’s request-for-proposals process offers the reward of a city contract to the three companies with the best ideas for reducing clutter and rider misbehavior.

“Our number one concern is the ability of all people to navigate the sidewalks safely,” Jacks said. Correcting the problem, he added, will be done mostly by creating incentives “for good behavior versus bad. It’s putting the burden on the companies for addressing the problem.”

Jacks said he had consulted the disabled community about the scooter roll-out and its concerns will be “embedded” in the process by having Malone, a former president of the National Federation for the Blind, on the selection committee.

The city’s scooter ordinance, thrown together last year to govern a six-month tryout of the new technology, contains rules against parking within a certain distance of curb ramps and other structures, but Jacks conceded that few, if any, riders actually know that.

“This is all still evolving,” Jacks said. “If the Council still doesn’t think it’s working, we may have to have more restrictive regulations.”

San Antonio Police confirm that they haven’t impounded any scooters in 2019, choosing instead to alert the scooter companies, call 311 or tidy up the sidewalks themselves.

“Sometimes I’ll just move them off to the side on the curb,” said SAPD Capt. Chris Benavides, the department’s head of traffic and special events.

Officers have given out 438 warnings since August, he said, but have written only 80 citations for scooter riders since last August, a period in which renters took nearly two million rides, according to city records. This month, SAPD deployed three overtime officers per day, seven days a week, to focus on downtown scooter enforcement.

“I like the ‘soft touch’ to scooter enforcement, if that’s what you want to call it,” Benavides said. “Our biggest problem is just educating people, especially the tourists.”

There’s a lot more, so go read the rest. As noted, San Antonio has now banned scooters from sidewalks, which I think will help keep riders from menacing pedestrians, but those scooters are still going to be left on the sidewalk after being used, and that’s still going to be a problem for people with mobility issues. There’s clearly value in these “micro-mobility” options, which should reduce the number of short-hop car trips people take and may help encourage transit use, but their business models leave these problems to the cities to solve. I sure hope Houston’s plan for scooters will address this. In the meantime, there are federal lawsuits filed by people with disabilities in other states like California that allege that Lime and Bird and other scooter companies are violating the Americans with Disabilities Act by restricting their ability to navigate their cities. That’s going to take a few years to work its way through the courts, and who knows what SCOTUS will do with it. In the meantime, cities and states need to figure it out.

San Antonio bans scooters from sidewalks

Jul 8th, 2019

by Charles Kuffner.

4 comments

Speaking of where scooters do and do not belong:

Photo: Josie Norris /San Antonio Express-News

Dockless electric scooters can’t be ridden on San Antonio sidewalks, per a new City ordinance that went into effect Monday, but many say they’re concerned about how well it will be enforced.

The new prohibition on sidewalk use comes a full year after rented e-scooters first arrived in San Antonio. It took months to arrive at the point where the City Council deemed riding on the sidewalk enough of a nuisance to move them off pedestrian rights-of-way and onto the street. But even though violating that law is a Class C misdemeanor that can carry as much as a $500 fine, some in the city are not sure that will be enough to deter violators.

[…]

Capt. Chris Benavides, with the San Antonio Police Department, said the sidewalk riding ban will begin with a 30-day grace period in which violators will be issued warnings about the new rule rather than citations. On Aug. 1, Benavides said, police officers will begin issuing citations in situations that call for them.

“The entire month of July will be used as an educational piece where we will issue written or verbal warnings for riding on the sidewalk,” he said.

“What we hope for is that the riders are mindful … that we’re able to work together to share that road and they’re aware of their surroundings.”

Gotta say, I appreciate San Antonio acting as beta testers for Houston’s eventual scooter experience. For sure, scooters – like bicycles – don’t belong on sidewalks, where they can endanger pedestrians. The enforcement issue can sort itself out; it’s my belief that plenty of scooter riders will now stay off the sidewalk just because it’s the law. As the story notes, there was a bill filed that would have banned scooters on sidewalks statewide, as well as capping their speed at 15 MPH (same as what the Houston commission recommended), and other things. This made it through the Senate but never got a hearing in the House. I feel like this should be a local issue, but at least this bill doesn’t appear to have done anything egregious. As with ridesharing, don’t be surprised to see this come up again in two years.

The real goal of SB2

Jun 30th, 2019

by Charles Kuffner.

Comments are off for this post

Let’s take a look at the quotes from the supporters of SB2, the new law that will impose revenue caps on all Texas cities, to see what they say about it.

“They’re going to have to start looking at spending this money like it was their own and not somebody else’s money,” said the bill’s sponsor Sen. Paul Bettencourt, R-Houston. “And they’re going to have to look at priorities.”

[…]

But Ellen Troxclair, senior fellow at the Texas Public Policy Foundation and former Austin City Council Member, said those dire warnings imply a city has no control over its spending.

The reason this bill was one of legislators’ top priorities this year, Troxclair said, is because Texans are frustrated by rising taxes, and if it forces cities to rethink their spending, that’s a positive.

“The bottom line of SB 2 is it brings the rate at which cities are spending money more in line with the people’s ability to pay,” Troxclair said. “I hope that what the cities do is hear the pleas from citizens who elected them to make more responsible decisions when it comes to spending.”

Troxclair added that the bill doesn’t stop cities from going to taxpayers and asking to raise their taxes above 3.5 percent if officials deem it necessary.

[…]

Austin and San Antonio, which both have the highest credit rating of AAA, are also concerned that the caps will have an effect on their ability to borrow. The nation’s three major credit rating agencies have warned that the caps could have a negative impact.

Bettencourt and Troxclair, however, dismissed those concerns, saying that as long as cities are being fiscally responsible, credit rating agencies will have no reason to dock their scores. Bettencourt added that SB 2 doesn’t affect the debt portion of the tax rate, which are set by bond elections.

SB2 was sold as a way of reining in property taxes, to provide savings to homeowners. (Renters are on their own, the Republicans don’t care about them.) But no honest broker actually believes there will be any real savings. Literally no one is going to review their household expenses at the end of a year and say “thank goodness for that revenue cap, it saved us so much money”. Just look at the Houston experience, in which the typical reduction in taxes is less than $100 per year, while the city has been starved of revenue. The whole point of this exercise to to constrain cities’ ability to prioritize its spending needs, because with a revenue cap property tax reduction, no matter how trivial, always comes first. Paul Bettencourt and his cronies want cities to spend less. If that means laying off employees, if it means deferring maintenance and repairs, if it means not offering new services to meet the needs of a changing and growing population, that’s too bad. Or not bad at all, from his perspective, because what does he care about any of that? He wants government at all levels to spend less – more specifically, to spend less on things he doesn’t like – and SB2 will help accomplish that goal. Mission accomplished.

Whata lot of angst

Jun 16th, 2019

by Charles Kuffner.

1 comment

I’ve lived in Texas a long time, but I wasn’t born here. As such, news like this doesn’t hit me the way it hits some other folks.

Chicago-based BDT Capital Partners said Friday it’s agreed to acquire a majority stake in Whataburger.

The burger chain will remain headquartered in San Antonio, and the groups will “begin exploring expansion plans,” they said in a statement.

Whataburger’s founders, the Dobson family, will keep a minority position in the company. President and CEO Preston Atkinson and Chairman Tom Dobson will retain their seats on the board but retire from daily operations.

Both will turn to running Las Aguilas, an investment company launched by the Dobson family in 2011 that focuses on real estate and philanthropy.

The decision “is both exciting and bittersweet” for the family, Tom Dobson said.

“Whataburger has been the heart and soul of our family legacy for nearly 70 years, but we feel really good about the partnership with BDT,” he said.

The news that Whatburger had been “exploring options” came out about a month ago, and it’s fair to say that it caused some anxiety among the faithful. None of what did happen sounds apocalyptic to me, but then I just never fully acculturated the way some other prominent immigrants have.

Ok, I say we all chip in and buy Whataburger back. Make honey butter chicken biscuits available all day, add kolaches to the menu and change nothing else. Especially not the ketchup.

— JJ Watt (@jjwatt) 12:57 PM – 14 June 2019

My wife and kids are coping as best they can, thanks for asking. We will get through this, y’all. I promise. Texas Monthly, the Rivard Report, and the Current have more.

May runoff results

Jun 9th, 2019

by Charles Kuffner.

1 comment

With 303 of 474 precincts reporting, State Rep. Eric Johnson was leading in the runoff for Dallas Mayor over Scott Griggs, 57% to 43%. At the time I started writing this I didn’t see any news coverage declaring the race to be over, but it sure looks to me like Johnson is going to win. So congratulations to (I presume) Mayor-elect Eric Johnson. You know what this means: There will be another special legislative election, which I would bet will be in November. Johnson’s HD100 is solid Dem so a flip is not in play, but expect there to be a big field.

On a side note here, Johnson knocked off longtime Rep. Terri Hodge (who would soon after be convicted of federal tax fraud charges) in 2010. He’s always struck me as someone who had his sights on bigger things. Having just achieved one of those bigger things, look for him to start getting mentioned in future conversations about statewide candidacy. I could definitely see him taking aim at Dan Patrick in 2022, or Ted Cruz in 2024. Just something to keep in mind.

In San Antonio, Mayor Ron Nirenberg held on.

Incumbent Ron Nirenberg retained his position as San Antonio’s Mayor after defeating Councilman Greg Brockhouse (D6) in the runoff election on Saturday.

Brockhouse officially conceded at 9:12 p.m.

With 96.98 percent of precincts counted, Nirenberg held 51.07 percent of the vote to Brockhouse’s 48.93 percent.

Nirenberg opened the night with a slight lead in early voting, which tightened as more precincts were counted. The margin was just 1.44 points with 78 percent of the precincts voting before a late surge gave Nirenberg the victory.

“I’ve never worked harder in my life to make sure that this city was well represented than over the last two years, but certainly over the last month where we had to remind folks that we can be a city for everyone,” Nirenberg said.

Unofficial results are here. Brockhouse, who among other things was a shill for Chick-fil-A, went on to whine about how The Media Was Out To Get Him. I’m sure you can hear my eyes roll at this, but it did lead to my favorite tweet of the evening:

CHICK FIL NAY

— Evan Smith (@evanasmith) 9:09 PM – 8 June 2019

Every once in awhile, Twitter proves itself worthy of existence.

Finally, I’m sad to say that Nabila Mansoor failed to win her runoff in Sugar Land. She trailed by almost 600 votes early and closed the gap a bit on Election Day, but it wasn’t nearly enough.

UPDATE: Here’s a Trib story on the two Mayoral runoffs.

Paxton sues San Antonio over Chick-fil-A records

Jun 5th, 2019

by Charles Kuffner.

1 comment

We really do live in strange times.

Best mugshot ever

It’s a red-meat issue, but it feeds on chicken.

San Antonio’s decision to exclude Chick-fil-A from its airport continues to resound in political circles. Legislators passed a religious freedom bill that gained steam after it was rebranded as the ‘Save Chick-fil-A bill.’ Gov. Greg Abbott beamed over its success on Twitter.

And Attorney General Ken Paxton, declining to wait for his own department to rule on a public records request, on Monday filed suit against the city to force it to hand over records he wants for his office’s investigation.

[…]

According to the suit filed in Travis County district court on Monday, Paxton’s office requested records on April 11 — including calendars, communications and records of meetings among City Council members, city employees and third parties — related to the city’s decision to remove the restaurant from its airport concessions contract. Paxton’s suit seeks to compel the city to release the records.

“The City of San Antonio claims that it can hide documents because it anticipates being sued,” Paxton said in a statement. “But we’ve simply opened an investigation using the Public Information Act. If a mere investigation is enough to excuse the City of San Antonio from its obligation to be transparent with the people of Texas, then the Public Information Act is a dead letter.”

Nirenberg said in a statement Monday that the city had asked Paxton for clarification on the request but never received a response.

“The fact that he went straight to filing a lawsuit instead of simply answering our questions proves this is all staged political theater,” Nirenberg said.

The deputy city attorney, Edward Guzman, responded to Paxton’s request April 24 saying the city was seeking to withhold some records based on 63 exceptions to the state’s public information act, according to the suit. In a May 2 letter, the city also argued the information is exempt because of litigation that was likely to come from Paxton.

State law exempts the release of information related to “pending or reasonably anticipated” litigation.

San Antonio City Attorney Andy Segovia said in a statement Monday that the city provided nearly 250 pages of documents for review by the Attorney General’s Open Records Division and is still waiting for a decision.

Segovia said the city will comply with any Open Records Division ruling. He also shed doubt on the motivation behind Paxton’s investigation.

“The State Attorney General’s office has not specified the legislative authority they are relying on to investigate the airport contract,” Segovia said. “Furthermore, it is clear from the strident comments in his press release that any ‘investigation’ would be a pretense to justify his own conclusions.”

See here, here, and here for some background. Any resemblance of the arguments in this case to those in the dispute between Paxton’s office and the House Oversight Committee are, I’m sure, totally coincidental. Whatever else happens in this ridiculous case, the Chick-fil-A follies have provided the wingnuts with the grievance they needed to get their “religious liberties” bill through the Lege, so in that sense Paxton et al have already won. The Rivard Report has more.

Houston’s up-and-down population growth

May 30th, 2019

by Charles Kuffner.

2 comments

It was up and now it’s down.

San Antonio gained 24,208 residents between July 1, 2016, and July 1, 2017, annual population estimates just released by the federal agency show. That amounts to an average of 66 people per day, the Census Bureau said.

The surge pushed the city’s population above 1.5 million for the first time. That marks an increase of almost 185,000 people in the city limits since the 2010 census.

San Antonio remains the seventh-largest city in the country. Its latest population estimate is 1,511,946.

[…]

By contrast, growth in Houston, which just a few years ago seemed poised to take over Chicago’s position as the third-largest city in the U.S., has hit a snag with fewer and fewer people moving there.

Houston added just over 8,000 residents, placing it seventh in growth among other Texas cities like Austin, Fort Worth, Dallas and San Antonio.

For five consecutive years from 2011 to 2015, Houston remained in the top three cities that had added the most people. But now the Bayou City — known for its sprawl and elastic economy — has fallen behind a trend that began in 2016 when Houston first showed signs of slowing down. The city recorded four consecutive years of averaging more than 30,000 new residents between 2011 and 2015.

[Texas State Demographer Lloyd] Potter says the substantial change in Houston growth is perplexing.

No demographic breakdown is available for the city population data just released, so there’s no way to know the ages, races, ethnicities or genders of San Antonio’s or Houston’s newest residents.

Couple things here. These are estimates based on available data, not on a count. They’re usually pretty good, but they’re not the official Census totals like what we will get next year, and they can be off by some amount. This is one reason why getting the most thorough and accurate count we can is so important, because every resident we overlook results in lost resources for the city. There’s no obvious reason for the deceleration – it could be just a blip – and it’s too soon to call it a trend, but it definitely bears watching.

Because, of course, Houston’s population growth affects its finances in more ways than just Census apportionments. The dumb and arbitrary formula used in the revenue cap combines population growth and inflation rate to set a limit on how much of a revenue increase the city is allowed to have. It doesn’t matter if new things are being built and old things are being renovated and upgraded, either we fall below the limit set by this number cooked up by the likes of Paul Bettencourt and Bruce Hotze or we are forced to throw away a few million dollars via a property tax rate cut that no one will notice. The whole point of the revenue cap is to constrain the city’s ability to provide services. It’s stupid policy pushed by people who did not and do not have Houston’s best interests at heart. And it has us stuck hoping this slowdown in population growth is just an aberration, because it will increase the pressure on our city finances if it is not.

Sometimes, bad bills do die

May 21st, 2019

by Charles Kuffner.

Comments are off for this post

The calendar giveth, and the calendar taketh away.

One of the the biggest priorities for Texas Republicans this session appears to be on the verge of legislative death. A series of bills that would broadly prohibit local governments from regulating employee benefits in the private sector died quietly in the House this week.

The business lobby has long been used to getting what it wants from the Republican-controlled Legislature, but now it’s waving the white flag. “It is dead. … The discussion got completely derailed,” lamented Annie Spilman, lobbyist for the Texas chapter of the National Federation of Independent Business, in an interview with the Observer. The group is one of the lead advocates for the preemption bills. “They really haven’t left us with any hope at all.”

Senate Bill 15 started as a straightforward measure to stomp out a broad swath of emerging local labor policies, like mandatory paid sick leave, in cities including Austin, San Antonio and Dallas. But it ended in the political gutter after Lieutenant Governor Dan Patrick insisted on removing language that explicitly protected local nondiscrimination ordinances (NDOs) for LGBTQ Texans in several cities. Patrick’s move was reportedly made at the behest of Texas Values, the state’s leading social conservative pressure group.

With the high-profile failure of Patrick’s 2017 bathroom bill and now the fight over NDOs, Texas businesses are growing increasingly furious that the lieutenant governor appears unable to stop poisoning their political agenda with right-wing social warfare.

Spilman said she sees it as another example of Patrick putting the priorities of the religious right before businesses. “I don’t think the lieutenant governor has listened to the business community in quite a while,” she said. “Our No. 1 priority was this preemption legislation to stop cities from overreaching, and despite our efforts to compromise with everyone involved, at the end of the day we were ignored and set aside.”

[…]

The House calendars committee finalized the House’s remaining floor agenda Sunday evening, meaning anything that wasn’t placed on the calendar is all but certain to be dead. The preemption bills were not on the list.

It’s suspected that part of the reason the bills died is that Patrick refused to consider any sort of NDO protection language in a compromise bill, according to conversations with multiple sources. Patrick’s office did not respond to requests for comment.

“I think the lieutenant governor was holding a firm line against that,” state Representative Eddie Rodriguez, D-Austin, told the Observer. But Rodriguez also attributes the preemption bills’ procedural defeat to Democrats’ willingness to hold together. “One of the calculations was about is the juice worth the squeeze. What would happen on the floor? We Democrats were holding a firm line of opposition … and [willing to] do whatever to kill them.”

See here, here, and here for some background. The NFIB can go pound sand as far as I’m concerned; they’re a bunch of ideologues who deserve to taste some bitter defeat. The best thing they can do for the state of Texas is get into a fanatical pissing contest with Dan Patrick. They’re now lobbying Greg Abbott for a special session, which is something I’m a little worried about anyway, if some other Republican priorities like the vote suppression bill don’t get passes. I can’t control that, so I’m just going to enjoy this moment, and you should too.

May 4 election results

May 5th, 2019

by Charles Kuffner.

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The hottest race was in San Antonio.

With more than 81 percent of the precincts counted, Mayor Ron Nirenberg took a nearly 3-point lead against Councilman Greg Brockhouse, but it likely won’t be enough to avoid a runoff to determine San Antonio’s next mayor.

Nirenberg, who led by two points following early voting pushed his lead to 48.42 percent with Brockhouse garnering 45.82 percent. However, a winning candidate would need to cross the 50 percent threshold to secure victory.

If neither candidate secures more than 50 percent of the vote, a runoff will be held next month.

“Did any of you think it was going to be easy?” Nirenberg said Saturday night to a group of supporters, volunteers and staff assembled at Augie’s. “We’re in for a long night. But guess what, this long night’s because this city deserves it. We will wait here and we will grind away at the progress earning every single vote and rechecked in the politics of division until we walk away winners. Because that’s what this city deserves. This is a city for all.

“This is about the future of San Antonio, it’s not just about one election. And we’re going to win, because this city needs to sustain progress.”

Here are the results. Nirenberg increased his lead over the course of Election Day and was up by a bit more than 3,000 votes. The runoff between the progressive Nirenberg and the not-progressive Brockhouse will be contentious, and important.

In Dallas, State Rep. Eric Johnson led the big field for Mayor.

With 149 of 529 precincts reporting, State Rep. Eric Johnson has 21 percent of the vote, Dallas City Councilman Scott Griggs has 17 percent, Lynn McBee has 15 percent, Mike Ablon has 13 percent and Regina Montoya and Miguel Solis have 10 percent.

Nine candidates ran for the open seat.

Mayor Mike Rawlings could not run again due to term limits.

Since no candidate got more than 50 percent of the votes, there will be a runoff between the top two candidates.

That runoff will happen on Saturday, June 8.

Those results are here, and they are more or less the same with 317 of 528 precincts reporting. Johnson is in his fifth term in the Lege and if he wins the runoff he’d vacate his seat, thus causing the fourth legislative special election of the cycle. In this case, it would be after the legislative session, so unless the Lege goes into overtime there would be no absence in Austin.

Elsewhere, Fort Worth Mayor Betsy Price won again, holding off former Tarrant County Democratic Party Chair Deborah Peoples; those results are here. In races I was following, Nabila Mansoor was headed for a runoff in Sugar Land, collecting 34.22% of the vote to Naushad Kermally’s 39.16%. Steve Halvorson fell short again in Pasadena. The three Pearland ISD candidates also lost.

Congratulations to all the winners, and we’ll look to the runoffs in June.

Early voting for the May elections has begun

Apr 23rd, 2019

by Charles Kuffner.

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From the inbox:

Early Voting for the May 4, 2019 Joint Election starts Monday, April 22 and ends on Tuesday, April 30. During that period, Harris County voters may vote at any of the 25 Early Voting locations designated throughout the county. Polls will be open from 7 am to 7 pm, except for Sunday, April 28, when polls are open from 1 pm to 6 pm. Ballot by mail applicants must submit their applications by April 23.

Launching this election, voters will be able to see the approximate wait time at each polling location. This new Wait Time feature will be available on our website alongside a map of all the Early Voting locations.

“In an effort to make voting easier and more convenient, Early Voting hours have been extended and a Wait Time feature have been added to the website to help voters avoid lines” said Harris County Clerk Diane Trautman. “I encourage all of the nearly 785,000 registered voters that are eligible to cast a ballot in this election to exercise their right to vote.”

The Harris County Clerk’s office will conduct elections for 23 political subdivisions across the county. Voters residing in these political entities can find their individual sample ballots, the Early Voting schedule, and the Election Day polling locations at www.HarrisVotes.com.

An approximate additional 30 political entities in Harris County will also conduct elections on the same day. Voters should communicate directly with political entities conducting their own elections to obtain more information.

For more information about the May 4 Joint Election, voters may visit www.HarrisVotes.com or call the Harris County Clerk’s office at 713.755.6965.

###

Entities Conducting Elections with Harris County

City of Humble, City of Pasadena, City of South Houston, City of West University Place, Channelview ISD, Cypress-Fairbanks ISD, Goose Creek Consolidated ISD, Humble ISD, Pasadena ISD, Cypress Klein Utility District, Encanto Real Utility District, Greenwood Utility District, Bridgestone MUD, Crosby MUD, Faulkey Gully MUD, Trail of the Lake MUD, Harris County MUD No. 5, Harris County MUD No. 44, Harris County MUD No. 55, Harris County ESD No. 60, Harris County Fresh Water Supply District No. 1A, Harris County Fresh Water Supply District No. 58, Harris County Water Control and Improvement District No. 109.

You can see what the Wait Time feature looks like here. It’s pretty cool, and something we’ll surely need going forward, though for this election I doubt you’ll see anything but green lights. The City of Pasadena elections are the biggest ones of most interest within Harris County, with the balance of power on Pasadena City Council being up for grabs. See my interview with Steve Halvorson for more on that.

Early voting information for Fort Bend County is here. Fort Bend ISD and the City of Sugar Land, where Nabila Mansoor is running for City Council District 2, are races to watch.

Early voting information for Brazoria County is here. There’s a lot of energy right now for three candidates for Pearland ISD Board of Trustees: Al Lloyd, Dona Murphey, and Joseph Say. If all three win, they’d join Trustee Mike Floyd, elected in 2017, to form a majority on that Board.

Elsewhere, there are Mayor’s races in San Antonio, Dallas, and Fort Worth, none of which I have followed closely. There’s a longer story to write about why we still hold these municipal elections in May of odd-numbered years, but that will wait till another day. For more about the Harris County races, see this Chron story. Is there an election for you to vote in? Leave a comment and let us know.

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