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Court throws out State House map

Once more, with feeling.

Parts of the Texas House map must be redrawn ahead of the 2018 elections because lawmakers intentionally discriminated against minorities in crafting several legislative districts, federal judges ruled on Thursday.

A three-judge panel in San Antonio unanimously ruled that Texas must address violations that could affect the configuration of House districts in four counties, where lawmakers diluted the strength of voters of color. In some cases, the court found mapdrawers intentionally undercut minority voting power “to ensure Anglo control” of legislative districts.

These are the nine districts the court flagged:

  • Dallas County’s HD 103, represented by Democrat Rafael Anchia, HD 104, represented by Democrat Roberto Alonzo and HD 105, represented by Republican Rodney Anderson
  • Nueces County’s HD 32, represented by Republican Todd Hunter, and HD 34, represented by Democrat Abel Herrero
  • Bell County’s HD 54, represented by Republican Scott Cosper, and HD 55, represented by Republican Hugh Shine
  • Tarrant County’s HD 90, represented by Democrat Ramon Romero, and HD 93 represented by Matt Krause.

Adjusting those boundaries could have a ripple effect on other races.

[…]

In both the congressional and state House rulings, the court ordered Attorney General Ken Paxton to signal whether the Legislature would take up redistricting to fix violations in the maps.

But so far, state leaders have signaled they have no appetite to call lawmakers back to Austin over mapmaking. Instead, Texas is looking to the U.S. Supreme Court to keep its political boundaries intact.

“The judges held that maps they themselves adopted violate the law,” Paxton said in a Thursday statement. “Needless to say, we will appeal.”

Meanwhile, the state and the parties that sued over the congressional districts are scheduled to return to court on Sept. 5 to begin redrawing the congressional map. In its Thursday ruling, the court indicated they should be prepared to also meet on Sept. 6 to consider changes to the state House map.

“Today’s ruling once again found that Texas racially gerrymandered its voting districts and used Latino voters as pawns in doing so,” said Nina Perales, vice president of litigation for the Mexican American Legal Defense and Educational Fund, who is representing plaintiffs in the case. “With the 2018 election cycle fast approaching, it’s time for Texas to stop discriminating against Latino voters and agree to a remedy that will provide equal opportunity to all.”

It was just over a week ago that the same court invalidated the Congressional map, also calling it intentionally discriminatory. Add in the voter ID ruling and you’ve got three such judgments in a span of eight days; you can also toss in the ruling on interpreters for a four-game losing streak for the state. Don’t forget the Pasadena case, too – it’s not the state, but it is another intentional-discrimination opinion. Maybe this will all add up to enough to convince Chief Justice Roberts to change his mind about the state of voting rights and the need to protect communities of color.

Or not. I wouldn’t hold my breath. Be that as it may, this ruling could have an effect on the effort by wingnuts to oust House Speaker Joe Straus. RG Ratcliffe explains.

The court found that in Nueces County, the district maps discriminated in the placement of minority voters in a way that favored the re-election of Representative Todd Hunter, a key Straus Republican ally and chairman of the House committee that sets bills for debate on the daily calendar. To make his district safe, the court said Hispanic voters were packed into the district of Representative Abel Herrero, a Democrat. Redrawing the districts won’t automatically guarantee Hunter’s defeat, but it will make it more difficult for him to win re-election.

The court also ruled that the Legislature intentionally split a minority community in Killeen to guarantee the election of two white Republicans in Districts 54 and 55, Scott Cosper of Killeen and Hugh Shine of Temple. Both have backed Straus in the past. Putting the minority community in Killeen back together probably endangers Cosper’s re-election, and may put a Democrat in that rural district. Either way, this likely is a wash in the politics of electing the next speaker.

In Dallas and Tarrant counties, the court ruling likely would help Straus win re-election. In declaring that five districts in those two counties discriminated against minorities, the most likely losers in any redrawing of the district maps will be Republican Representatives Rodney Anderson of Irving and Matt Krause of Fort Worth. Anderson was among nineteen House members who voted against Straus in one election for speaker, and Krause is a member of the Freedom Caucus, which has been trying to force a speaker vote in the caucus instead of on the House floor, where Democrats also have a say.

Anderson barely squeaked by in 2016, in a district that was ever so slightly bluer than HD107, which flipped to the Dems. He was going to be a target no matter what. The ripple effect in Dallas could be very interesting. And of course, anything that puts jerks like Krause in jeopardy is a good thing. We’ll know if and when SCOTUS intervenes if a second special session will be forthcoming. A statement from MALC is here, and Michael Li, the Chron, the DMN, Rick Hasen, the HuffPost, and the Lone Star Project have more.

We could get a special session on redistricting

At least, that’s what State Sen. Dawn Buckingham thinks.

Sen. Dawn Buckingham

State Sen. Dawn Buckingham, R-Lakeway, expects the Legislature to be called back for another special session — this time to tackle the state’s congressional map.

Monday evening at the Central Texas Tea Party’s monthly meeting, Buckingham discussed federal judges invalidating two Texas congressional districts and the recently concluded special legislative session.

[…]

Whether Gov. Greg Abbott calls another special session hinges on the U.S. Supreme Court’s ruling, Buckingham said.

If the nation’s highest court upholds the lower ruling then the Legislature will be back to address the map, the senator added. And it’s a very sensitive issue, too, she said.

“When you touch one, it touches the line next to it and it touches the line next to it,” Buckingham said. “You’re touching a lot of lines when you’re doing that.”

On top of the congressional districts, Buckingham thinks state House districts will get swept into a possible redrawing. Legal challenges to the state House map were not addressed by the federal judges, the Tribune reported.

“I’m guessing we’re heading back for that,” the first-term senator said, adding it’s up to Abbott to call a special session and what lawmakers will legislate. “He’s in charge of specials. He can call them when he wants them.”

See here and here for the background. The three-judge panel has denied the state’s motion to stay its ruling pending appeal, so if SCOTUS declines to intervene at this time then we are getting new maps, whether Lege-drawn or court-drawn. I don’t know how much of what Buckingham says is based on speculation, but this scenario makes sense, especially if the State House map is thrown out as well. All eyes on SCOTUS, y’all. Via Bud Kennedy on Facebook.

The long view of the bathroom bill

The Chron considers the future of the bathroom bill.

Texas’ controversial bathroom bill, championed by Gov. Greg Abbot and Lt. Gov. Dan Patrick, may have been declared dead, but some say it could be revived soon enough.

“Like Frankenstein, the bathroom bill could come back to life,” said Brandon Rottinghaus, a University of Houston political scientist. “Because, in an election year, it’s an issue that appeals to the Republican base that turns out to vote.”

Rice University political scientist Mark Jones said many lawmakers have kept their views on the controversial measure private, and there remains support.

“The bill may be dead, but the issue is not,” he said.

Chalk up the bill’s demise to Texas business leaders who support nondiscrimination laws and see the issue of which bathrooms transgender people use as a manufactured one. Nevertheless, both supporters and opponents agree the issue will be back — either in a future legislative session or in the Republican primaries next March, when bathroom bill proponents hope to oust House Republican moderates they blame for derailing its passage into law this summer.

[…]

“It was largely a manufactured issue that will evaporate over time,” said Rice University’s Jones. “There is no crisis on transgender Texans for most Texans. But for Republican primary voters, it will still be around.”

More than a dozen tea party and conservative Republican activists agreed, saying they plan to press Abbott to call the Legislature back into a special session early next year to remind GOP primary voters how much of the summer’s conservative agenda did not get passed – including the bathroom bill.

“It’s looking pretty dismal right now, all the priorities of Gov. Abbott that the House blocked, and I can assure you that people in Texas are not going to forget about that,” said JoAnn Fleming, executive director of Grassroots America: We the People, an influential tea party group among conservative Texas Republicans. “An awful lot of bills have not been passed, and now they’re trying to cut deals in the House at the very end to make it look like they’re accomplishing something when they’re not.”

Other activists in Fort Worth, Houston and San Antonio echoed that disdain, warning that the business leaders may end up sorry they fought the bathroom bill, when the Texans who support it successfully push it through in another legislative session.

Jeff Moseley, CEO of the Texas Association of Business, the lobby group that for decades has wielded considerable clout at the Capitol and threw its weight behind derailing the bathroom bill, disagrees. He said his group, facing a growing amount of legislation that is bad for business, plans to continue its legislative momentum.

After remaining relatively low-key in some recent sessions, lobbying for criminal justice reforms as lawmakers fought about conservative social issues such as abortions, Big Business took a higher profile last spring in fighting attempts to place new restrictions on eminent domain, to cut tax-abatement incentives and to kill the state’s business-development fund – along with their fight against the bathroom bill that grew into a full-on throwdown this summer.

“We were ringing the bell during the regular session, and then the governor put it on the special session agenda, and we knew that our voice had to be heard strongly and loudly,” Moseley said. “For Texas to remain globally competitive, we have to remain open for business. And laws like this are a disregard for the Texas Miracle, which wasn’t some cosmic accident. It was a result of solid policies that encouraged business growth and economic development in Texas.”

I disagree with the assertion that the demonization of transgender people will fade over time. These GOP primary-driven issues don’t go away. Look at the history – voter ID, campus carry, and “sanctuary cities” all took multiple sessions, but in the end they all passed. Hell, they’re still fighting against same-sex marriage, SCOTUS be damned. The Lege overall is a lot more conservative now than it was before the 2010 wipeout, especially in the Senate where one mainstream Republican Senator after another has been replaced by a Dan Patrick minion, and that is what drives this. I’ve said this before, and I’ll say it again: Dan Patrick is not going to give up. He has no remorse and no conscience, and he doesn’t accept defeat. The business lobby that fought the bathroom bill need to internalize this or they’ll see a bathroom bill get passed over their objections just as the “sanctuary cities” bill was passed. The only way they can improve their odds going forward is to knock off some of the main proponents of the bathroom bill and whatever lunacy comes after it. Unfortunately, it doesn’t look like this lesson has been learned:

The intensity of the debate has raised questions about the future relationship between business groups and the state’s Republican leadership, which have shared a decades-long bond. Mr. Wallace, president of the Texas business association, said the bond would remain unbroken despite the differences in the current showdown.

“Ninety-plus percent of the time we are in agreement,” he said. “We just happen to disagree on this issue.”

This is a recipe for disaster. Either the business lobby needs to be more selective about which Republicans they support, and more willing to oppose the ones who push this crap, or they will live to regret it. I don’t know how else to explain it to you, Chris Wallace. I just hope you’re not really that naive. The Trib has more.

Let’s play two?

Oh, God, please, no.

Gov. Greg Abbott on Wednesday put blame on the House — particularly Speaker Joe Straus — for the shortcomings of the special session and left the door open to calling another one.

“I’m disappointed that all 20 items that I put on the agenda did not receive the up-or-down vote that I wanted but more importantly that the constituents of these members deserved,” Abbott said in a KTRH radio interview. “They had plenty of time to consider all of these items, and the voters of the state of Texas deserved to know where their legislators stood on these issues.”

The comments came the morning after lawmakers closed out the special session without taking action on Abbott’s No. 1 issue, property tax reform. Abbott ended up seeing legislation get sent to his desk that addressed half his agenda.

As the Senate prepared to adjourn Tuesday night, some senators said they wanted Abbott to call them back for another special session on property taxes. Asked about that possibility Wednesday, the governor said “all options are always on the table.”

“There is a deep divide between the House and Senate on these important issues,” Abbott said in the interview. “So I’m going to be making decisions later on about whether we call another special session, but in the meantime, what we must do is we need to all work to get more support for these priorities and to eliminate or try to dissolve the difference between the House and the Senate on these issues so we can get at a minimum an up-or-down vote on these issues or to pass it.”

In the interview, Abbott contrasted the House with the Senate, which moved quickly to pass all but two items on his agenda. The lower chamber started the special session by “dilly-dallying,” Abbott said, and focused on issues that had “nothing to do whatsoever” with his call.

Asked if he assigned blame to Straus, a San Antonio Republican, Abbott replied, “Well, of course.”

Such big talk from such a weak leader. I suspect there won’t be that much appetite for another special session (*), with the preferred strategy being to attack Straus and get the 2018 primaries up and running. Failure to pass certain bills is often as big a victory for the zealots as success is. Everyone has their talking points for the primaries, so why waste more time in Austin when you can be out raising funds?

(*) The one thing that might make House members want to come back is a court order to redraw the House map. Everyone will be keenly interested in that, especially if some districts are declared illegal. They’ll not want to leave that up to the court, so if it comes down to it, expect there to be pressure for a special session to come up with a compliant map.

Court invalidates CDs 27 and 35

We are one step closer to having a new Congressional map.

Federal judges have invalidated two Texas congressional districts, ruling that they must be fixed by either the Legislature or a federal court.

In a unanimous decision Tuesday, a three-judge panel in San Antonio ruled that Congressional Districts 27 and 35 violate the U.S. Constitution and the federal Voting Rights Act. The judges found that Hispanic voters in Congressional District 27, represented by U.S. Rep. Blake Farenthold, R-Corpus Christi, were “intentionally deprived of their opportunity to elect a candidate of their choice.” Congressional District 35 — a Central Texas district represented by Democrat Lloyd Doggett of Austin — was deemed “an impermissible racial gerrymander” because mapdrawers illegally used race as the predominant factor in drawing it without a compelling state interest, the judges wrote.

The 107-page ruling — the latest chapter of a six-year court battle over how Texas lawmakers drew political maps — sets up a scramble to redraw the districts in time for the 2018 elections.

The court ordered the Texas Attorney General’s Office to indicate within three business days whether the Texas Legislature would take up redistricting to fix those violations. Otherwise, the state and its legal foes will head back to court on Sept. 5 to begin re-drawing the congressional map — which could shake up other congressional races when the boundaries are changed.

Here is a copy of the ruling, which was unanimous. Michael Li breaks down what this means.

* TX-27 (Farenthold) and TX-35 (Doggett) need to be redrawn – but we knew that already because the court found earlier this year that the configuration of the districts in the 2011 plan was unconstitutional and the 2013 plan made no changes to those districts.

* No further changes need to be made to TX-23 (Hurd) in light of the changes made by the court in the interim plan that then became the 2013 plan. (It is possible there still could be some changes in the Bear County portions of TX-23 as a result of the dismantling of TX-35 but nothing is required).

* No new opportunity district needs to be created in either the Dallas-Fort Worth area. The court’s ruling finds that claims under section 2 of the Voting Rights Act fail because African-Americans and Latinos are not politically cohesive and that any intentional discrimination was adequately remedied by the interim plan/2013 plan as a result of the creation of TX-33 (Veasey).

* No new section 2 district needs to be created in Harris County because African-Americans and Latinos are not politically cohesive.

* BIG FINDING: The court held that the 2013 plan, like the 2011 plan, was intentionally discriminatory. This ruling will play an important role when it comes time for the court to consider whether to put Texas back under preclearance coverage under section 3 of the Voting Rights Act.

From my layman’s perspective, this is a pretty good ruling for the state. CD23 remains intact (though it could be affected by the redrawing of the other two districts), and no new minority opportunity districts need be drawn. The ruling of intent to discriminate is the killer for them, though, as it could mean being put back under preclearance. All things considered, I figure this moves two seats to the Dems, with CD23 remaining a tossup. I suppose Greg Abbott could call another special session to draw a compliant map – they may need another one for the State House soon, too – but I don’t expect that. My guess is the state appeals in the hope of pushing the day of reckoning off into the future, if not winning outright. Stay tuned. The DMN, the Chron, and the Lone Star Project have more.

Smell ya later, Senate

How about that?

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

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

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

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

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

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

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

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

More birth control by mail options

Good to see.

“We want women to see us and say, ‘These are people who believe that if you want birth control you should have it,'” said Hans Ganeskar, co-founder and CEO of Nurx, a California-based site founded in 2015 that can both dispense and prescribe by way of computer or app.

Nurx (pronounced New RX) became available to Texas women in June, bringing the total number of states it serves to 17.

Women answer a series of health questions or in some cases undergo video consultation, and then their prescriptions are written by a state-licensed doctor affiliated with the company. The prescription is then sent to a local pharmacy to handle delivery. With insurance, the cost is generally free; without, it is $15 for a one-month supply of pills.

A similar company, The Pill Club, entered the Texas market in early July. It, too, is a California-based startup touting the same message of accessibility and inclusiveness.

The Pill Club differs from Nurx in that it provides all prescriptions and products in-house, without involving local pharmacies.

While it is possible to get an online exam and first-time prescription in some states through The Pill Club, founder Nick Chang said the exam service is not yet available to Texas women. In states where it is unavailable, women upload an existing prescription. The cost is typically covered by insurance.

Chang, a Stanford Law School graduate who also attended medical school, said his company takes its cues from the many personalized niche shopping sites such as Birch Box with its makeup or the Dollar Shave Club.

“All of these things are being delivered, but not birth control. There’s something wrong with that,” he thought as far back as 2014, although his company did not officially launch until last year. It is now in 13 states.

Contraceptives have been available through online pharmacies long before these new, more hip entrants, but Chang said for reasons not entirely clear many women were not taking advantages of them.

[…]

At Prjkt Ruby (note the text message spelling), contraception comes paired with social conscience. Also launched in 2015, the service arrived in Texas earlier this year, chief marketing officer Daniel Snyder said.

It also offers its own in-house mail-order pharmacy and prescription services. In Texas, those come after a video consultation. But the company does not accept insurance, instead charging the $20-per-cycle prescription services by cash or credit card.

For every order of a three-month cycle, the company donates 75 cents to Population Services International, a nonprofit organization that supports access for birth control to women in developing nations.

“We’re like the TOMS Shoes of birth control,” said Snyder, referring to the shoe seller that donates either a pair of shoes or a portion of the profits from other items to those in need.

Despite the white-hot political glow that surrounds all things reproductive these days, online contraceptive marketing has mostly flown under the radar, even as they also fill the controversial morning-after pills, said Dr. Kristyn Brandi, an obstetrician-gynecologist in Los Angeles and an advocacy fellow for the Physicians for Reproductive Health.

Despite some initial reservations, she said, the potential boost to access outweighs potential safety concerns in misdiagnosis.

“A lot of the trouble with contraception is getting it,” she said.

Snyder agreed, adding it’s impossible to extract the current political climate from what it happening with his company. In the days after the November election, he said they experienced a noticeable surge in business.

“People were panicking,” he said.

Indeed they were. I noted the existence of Nurx after its appearance in Texas. I think there’s a lot to be said for this business model, but I continue to be worried that it’s just a matter of time before it’s in the crosshairs of the the anti-abortion fanatics. It hasn’t happened yet – several more ridiculous anti-abortion items were on the agenda for this special session, so perhaps Greg Abbott hasn’t been informed about birth control by mail – but I’m sure it’s just a matter of time. Until then, if this is something that might be good for you or someone you know, check it out.

From the “Actions speak louder than words” department

RG Ratcliffe of Texas Monthly speaks to former Railroad Commissioner and Texas Education Commissioner Michael Williams about his disapproval of bathroom bills.

RGR: You told me political parties over time curdle and spoil, but is there something about the debate over the bathroom bill that is particularly disappointing to you?

MW: Yes, there is. Where the legislature left it was that the burden and the onus of dealing with this whole transgender issue, they were going to leave to the most vulnerable and youngest members of Texas—children. Not adults. Somebody had warned that issue, to put that burden on adults, might have adverse economic impact on Texas, I agree with that, mind you. So we’re not going to do anything about adults. What we’re going to do is put the burden on the Texans who are coming into their own and first dealing with this stuff, about who they are and how they deal with other folks, the youngest Texans, the most vulnerable Texans. Now to me, you know, if you’re going to do this stuff, you don’t put the burden on children.

I don’t know jack about being transgender, obviously. I do have transgender friends. But I can imagine, if I was having to deal with issues of just ‘Hey, what’s it like to be a boy at fourteen, fifteen, sixteen,’ and what all that means, I can imagine that they’ve got a whole bunch of other stuff that they’ve got to go through in their head and now we’ve got to make them go through some other hoops? Not the adults in Texas, the children.

Look. Ain’t no transgender boy going into the bathroom to beat up little girls. That ain’t happening. If anything, [transgender] people are the one’s that are going to get jacked up. There’s just no problem here, on our campuses, our school officials have demonstrated that they are more than capable, on a case-by-case basis, to deal with these issues, because they’ve done that. So there is no problem that requires some kind of statewide solution. Those kids aren’t posing a problem to their fellow students. Local school officials in their own way. What’s to me unsavory is that we’re putting the burden of this issue on the backs of the youngest and most vulnerable members of our society, which is children. Not the adults because, you know, I think we realize there could be a real financial consequence to this shit.

RGR: I’m just a tad younger than you, and I have a distinct memory of segregated bathrooms and segregated water fountains. I spent the early part of my career working in Georgia and Alabama and got assigned to cover a lot of white supremacist rallies, and the one phrase I kept hearing over and over again was you know, ‘We have to protect our daughters.’ And I hear a lot of similar connections in this debate. Is that justifiable?

MW: I have a mother who is still in my life, thankfully. I have a wife. I have two sisters. And I have a bunch of nieces. So yes, we want to protect the women in our lives. But the reality is, help me understand what the threat is to them. Show me evidence that some transgender woman is posing a threat to them. I’m an old prosecutor, I was a prosecutor for ten years, we’ve got laws against sexually assaulting someone. So someone will say to me, ‘But Michael, we want to prevent that person from going into the bathroom in the first place.’ If somebody is bound and determined to go to a bathroom and do harm, that person will do it. This law ain’t gonna stop it.

What we haven’t learned over the course of society is that we as society, we’re not very capable of truly preventing crime. What we can do is load up the punishment on the backend and say that if you jack up and do something stupid, then we’ll drop a load on you. I think there’s all sorts of officers who told you that [on Wednesday] when they were in Austin. This law ain’t gonna stop anybody who’s bound and determined to do something. So if you want to have enhanced penalties, for instance, that says, you know, if you go into a bathroom looking like a woman, but you’re really a man, and you go in there for the purpose of doing harm to women, then boy we’re going to enhance your penalty. That might be the right thing to do. But this ain’t.

I don’t agree with his criminal justice prescriptions, but on balance, Williams is clearly making a lot of sense. He has compassion for transgender people, he respects the role and authority of local officials, and he speaks in a manner we would recognize as Republican, at least from a bygone era. Kudos to him for that.

The problem, which is something I’ve been harping on, is in what Williams doesn’t say. Ratcliffe doesn’t ask, and Williams doesn’t volunteer, if any of “this shit” will cause Williams to not vote for some or all of the Republican incumbents who are pushing it. Williams is still a Republican to the core, and he expresses his disdain for the Democrats later in the article, which is certainly understandable given who he is. But I’m not saying he needs to vote for any specific candidate, I’m just saying he needs to make it clear that a candidate who supports a bathroom bill won’t get his vote. I want to hear Michael Williams say “I can’t vote for Dan Patrick (or his State Rep or State Senator if it applies) and I urge other Republicans who agree with me to not vote for him as well”. Because while saying what he did in this interview is laudable, if in a year or two Williams follows it up with “well, I disagree with Dan on that but I support him otherwise”, or “I don’t like the policies that the Republicans in charge are pursuing but I can’t bring myself to vote for someone else”, or “I hate what they’re doing but as a Republican in this town I’ve still gotta make a living”, then the appropriate description is “craven”. Surely Williams, as a veteran politician himself, recognizes that the one sure way to get through to a politician is to tell him that he has lost your support. In this matter, it is the very least, as well as the most important thing, we can do.

And then there’s the birth certificate issue

Just another problem that would be exacerbated by a bathroom bill.

In order to modify a birth certificate in Texas, the Department of State Health Services requires transgender individuals to present a certified court order stating the recorded sex on a birth certificate should be changed.

But a transgender person’s ability to obtain that court order is largely determined by where they live and their socioeconomic status, according to transgender individuals, advocates and lawyers who have worked with transgender Texans on the process.

Some county judges — even in more liberal urban areas — are less eager than others to grant the court order that’s required by the state, particularly when it comes to children. That forces some transgender individuals to travel to counties like Travis, Bexar or Dallas, where such court orders can be easier to obtain.

It can also be an expensive process. Court filings fees can reach $300 even before adding on attorneys fees or travel requirements. The process can be even more cost-prohibitive for transgender individuals because they must also obtain letters from both a doctor and a mental health provider certifying they are transgender and under their care to present to the court. For some, that also presents a geographic barrier because Texas faces a shortage of doctors and therapists “who do this kind of work,” said Claire Bow, an Austin-area attorney who helps transgender people obtain updated documents.

But for Bow, there’s a bigger flaw with Republicans’ proposals for bathroom restrictions and the expectation that transgender people could immediately take steps to obtain updated documents.

“The important thing to understand is it’s never the first step in the process,” Bow said of amending birth certificates or IDs. Bathroom bills assume that every transgender person has “gone all the way through the process” or have reached the point in treatment at which their doctors and therapists will sign off on the letter needed for court.

“That’s why this is hard,” she added. “Nobody wakes up one day…and changes their sex.”

The outcome of this complex process is that many transgender Texans live with birth certificates that don’t align with their gender identity for years if not their entire lives.

This is not the first time this issue has been brought up. Getting one’s birth certificate amended can be expensive and time-consuming, and if you happen to have been born in the wrong state, legally impossible. One way Republicans could address this issue would be to make it less cumbersome to amend a birth certificate, with some provision for the folks whose home states have no such mechanism. Of course, if they were inclined to do that, it might lead them to the conclusion that the bathroom bill is ridiculous and harmful and serves no purpose.

Ethics, schmethics

This little exchange says so much about our weak and insecure Governor.

Rep. Sarah Davis

The fireworks began with a press conference called by GOP Rep. Sarah Davis, chair of the House Committee on General Investigating and Ethics. Davis, flanked by both Democratic and Republican members of the committee, noted that Abbott had made ethics reform an “emergency” priority in the past two regular sessions. Though it’s not currently on the agenda for the special session this summer, she said the need for reform is greater than ever.

As an example, the Houston-area Republican said she is moving forward this week with ethics legislation — including a bill that would close a major loophole allowing state lawmakers during special sessions to hit up contributors for campaign cash at the same time they’re considering legislation that could affect those donors’ interests.

“I think we need to go ahead and close that loophole,” Davis said.

Such fundraising is illegal during regular sessions, under the theory that lawmakers shouldn’t be simultaneously casting votes and taking campaign money. But there is no such ban during these 30-day special sessions called by the governor. House Speaker Joe Straus and Lt. Gov. Dan Patrick, both Republicans, have voluntarily pledged not to fundraise during this summer’s special session, but Abbott continues to seek donations in email solicitations.

Davis was joined by Rep. Lyle Larson, R-San Antonio, who took a more direct slap at the governor. He said he is again pushing a bill attacking what he calls a “pay for play” system in the governor’s office when it comes to appointments to state boards and commissions.

Larson’s legislation would limit the amount of money an appointee could give a governor. Donors who give more than $2,500 would be ineligible to serve, though Larson said he’s considering raising the amount to $5,000 and putting the effective date as 2022 in a bid to garner Abbott’s support.

Larson said donors who give amounts well into six figures can receive the most prestigious appointments — such as spots on a major university’s board of regents. He said Abbott and his predecessors, both Republican and Democratic, have used appointments to attract huge sums for their campaigns.

“I think it’s imperative that if we control both the legislative and the executive branch of government that we should reform the most egregious ethics violations we’ve got in the state, and that’s where people have to pay large sums of money to get appointed to highly coveted seats,” Larson said.

Speaker Straus agrees with Reps. Davis and Larson. What about Greg Abbott?

Abbott spokesman John Wittman, minutes after the press conference concluded, blasted the two lawmakers in a written statement.

“Instead of working to advance items on the special session agenda that could reform property taxes, fix school finance, increase teacher pay and reduce regulations, Reps. Davis and Larson are showboating over proposals that are not on the Governor’s call,” Wittman said. “Their constituents deserve better.”

So very touchy. Let’s put aside for a moment the fact that these proposals are perfectly reasonable on their merits and focus on the fact that Greg Abbott, who controls the special session agenda, says we can’t talk about them until the Lege passes the entire 20-item agenda he has already laid out. Which means that Abbott is saying that his bizarre obsession with trees and his insistence on overriding all kinds of local ordinances is more important than ethics reform, which by the way was something that he had once labeled an “emergency” priority. I’d be hypersensitive about this, too.

House passes school finance bills

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

Rep. Dan Huberty

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

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

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

[…]

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

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

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

[…]

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

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

Halfway through the session

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

Rep. Joe Straus

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

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

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

[…]

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

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

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

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

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

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

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

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

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

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

Dear business community: Dan Patrick is not your ally

Here’s the full Chron story about the latest group of business leaders to call for a stop to the bathroom bill. I want to focus on one key aspect of this:

A week after police chiefs from Houston, San Antonio and Austin joined in protest against the bill, Abbott said the legislation specifically attempts to avoid adding any added burden on local police.

“There is not a role for law enforcement to play,” Abbott said Monday at the annual Sheriffs’ Association of Texas Training Conference and Expo in Grapevine. “Enforcement of this law is done by the Attorney General.”

According to the Fort Worth Star-Telegram, Abbott said because it is a civil action and not a criminal one, police will not be part of the enforcement.

“So what I urge is for everyone to step back, calmly look at what the bill actually says, before they cast some misguided judgment,” Abbott said.

Patrick, another champion of the bathroom bill, blasted the partnership’s letter.

“The Partnership is out of touch with the majority of Houstonians who voted overwhelmingly in 2015 to reject the same kind of ordinance that Senate Bill 3 will prohibit. They warned of economic doom at the time, but there has been no negative impact on the City’s economy. In their rush to be politically correct this business group is ignoring the fact that companies continue to expand and new ones are moving to Houston. The people of Texas are right about this issue and they are wrong,” Patrick said in a statement.

Look at the language Patrick is using to describe business leaders whose companies employ hundreds of thousands of people in Texas. “Out of touch”. “Politically correct”. Patrick has been treating the business community with contempt and hostility since the beginning of this manufactured fight. He will never back down – if SB3 doesn’t pass and Abbott doesn’t grant his wish to have yet another special session, he’ll work to get more legislators like him elected and he’ll be back in 2019. The fight business leaders are putting up now is great, but unless they’re ready and willing to keep fighting, next March and next November, it will mean nothing. Actually, that’s not true. It will mean Dan Patrick will be totally vindicated in his belief that he cannot and will not be stopped by anyone, that there are no checks or limits on his power and his agenda. He’s going to keep doing damage until enough people stand up to him. There’s never been a better time for that.

I keep coming back to this because I keep seeing stories like the recent one about the NFL Draft in which it is implied or outright stated that business organizations may or will lack options if the bathroom bill passes. Which is ludicrous, of course, since their first and foremost option is to stop supporting politicians who oppose them on this very fundamental principle. Turn off the campaign contributions, for a start. Even if it’s too scary to back an opponent, everyone can do that much.

And again, remember that a win on this issue in the special session is not a final victory. Dan Patrick will be back, and it’s up to all of us whether he’s stronger than before or not. The good news is that it’s beginning to look like maybe he will lose this time around.

[House Speaker Joe Straus] may not even refer SB 3 to a committee, leaving it to die untouched by House members.

In addition, the author of two House bills to limit transgender bathroom policies acknowledged Monday that his legislation is at risk.

Rep. Ron Simmons, R-Carrollton, said he was promised a public hearing — but nothing more — on his bills by the chairman of the House State Affairs Committee, Rep. Byron Cook, R-Corsicana.

“Chairman Cook said he going to give us a hearing. At the same time, he said he’s not going to move the legislation,” Simmons said during a downtown Austin event sponsored by the Texas Tribune.

“I think the prospects are not great, not because the (Republican) majority doesn’t want it … but because there are some key leaders who do not want it. That’s the way the system works,” he said.

Simmons predicted that his bills would pass if given a vote by the full House, and Abbott has been pressing House leaders to allow a floor vote.

Abbott also urged conservative Republicans last week to add their names as co-authors to Simmons’ bills as well as to other legislation pertaining to his special session agenda.

By Monday evening, 49 House Republicans had attached their names to House Bill 46, Simmons’ main piece of legislation. A somewhat similar bill had 80 co-authors — 76 votes ensures passage in the House — in the regular session that ended in May.

The special session bills take different approaches.

Here are those House bathroom bill sponsors again, which should be read as a starter’s kit of legislators who need to be voted out. Some of those legislators are in swing districts. Some will need to be taken out in a primary. Opposition to the bathroom bill is broad and diverse. Support for it is narrow and zealous. It’s time to change the culture. We can win, but we can’t let up. The Chron has more.

Maternal mortality bills pass the House

Good.

House lawmakers tentatively approved a series of bills Monday aimed at helping Texas curb its unusually high rate of women dying less than a year after childbirth.

The primary measure, House Bill 9, would direct the state’s Task Force on Maternal Mortality and Morbidity to continue studying pregnancy complications and maternal deaths until 2023. Last year, a study in the medical journal Obstetrics and Gynecology revealed that Texas’ maternal mortality rate had nearly doubled between 2010 and 2014. State task force data shows that between 2011 and 2012, 189 Texas mothers died less than a year after giving birth, mostly from heart disease, drug overdoses and high blood pressure.

State Rep. Cindy Burkett, R-Sunnyvale and the bill’s author, said giving the task force more time to make recommendations on how to prevent those types of health issues in pregnant women and new moms would help save lives and lower costs Medicaid, the joint federal-state health insurance programs for the poor and disabled.

“As in many things, prevention is better and often cheaper,” Burkett said.

HB 9 charges task force members with finding solutions to help Texas women struggling with postpartum depression; looking at what other states are doing on maternal care; and examining health disparities and socioeconomic status among mothers dying in Texas. The measure still needs one more House vote.

The Senate passed a similar bill on July 24. Both chambers will likely head into conference committee to reconcile the two measures.

See here and here for some background. Please note that the reason that this item is on the special session agenda is because bills like these were snuffed out at the end of the regular session as a result of stalling tactics by the House Freedom Caucus, whose pique at being treated meanly by Speaker Straus overrode their ever-present concern for unborn babies. I’m sure we can all appreciate the sacrifice they had to make.

Still more big businesses against the bathroom bill

It’s like there’s a strong, overwhelming consensus or something.

Top executives of big oil companies and other major Houston firms and organizations on Monday weighed into the political dogfight over the controversial bathroom bill, calling on Gov. Greg Abbott to block passage of the legislation that they warned will harm Texas’ ability to grow its economy.

That stance puts the Greater Houston Partnership in direct opposition to Abbott, who has championed the legislation.

[…]

In a two-page letter that followed similar pleas from executives at several Fortune 500 companies, Houston business leaders noted that Texas has worked for decades “to establish its reputation as a great place to do business.”

[…]

“We support diversity and inclusion, and we believe that any such bill risks harming Texas’ reputation and impacting the state’s economic growth and ability to create new jobs,” the letter from Houston business leaders states. “Innovative companies are driven by their people, and winning the talent recruitment battle is key. Any bill that harms our ability to attract top talent to Houston will inhibit our growth and continued success — and ultimately the success of our great state.”

The letter asks Abbott to “avoid any actions, including the passage of any ‘bathroom bill,’ that would threaten our continued growth.”

You can see a copy of the letter here. It has a few names on it you might recognize. Everyone is from Houston, and as we know Abbott doesn’t care about Houston or other cities, except to the extent that he can meddle in their business. So, you know, don’t expect too much from this. RG Ratcliffe has more.

Pushing the NFL Draft angle

Every angle is going to be needed, and this is one that ought to speak to some folks.

The Cowboys’ efforts to land the NFL draft and how it could be derailed by the legislative push for a bathroom bill is part of a $1 million ad buy that will begin to play on radio stations Tuesday.

The Texas Association of Business is behind the ads. The Cowboys aren’t associated with the campaign, but they are featured.

A woman describes herself as a lifelong Cowboys fan and talks about how she’s thrilled that the 2018 draft could be in North Texas. She then says the NFL could reject the club’s bid to host the festivities, costing Texas “millions of dollars in lost revenue and leaving a lot of Cowboys fans angry” if the bathroom bill passes in Texas.

The one-minute ad ends by asking fans to contact their legislators to tell them to reject the bill and bring the NFL draft to Texas. The spot, which will run on 26 stations in the Dallas area, is designed to expand the debate and spotlight potential consequences.

“The bathroom bill distracts from the real challenges we face and would result in terrible economic consequences–on sporting events, talent, on tourism, on investment, on growth, and on small businesses,” said Jeff Moseley, CEO of the Texas Association of Business. “That’s why TAB and the Keep Texas Open for Business coalition are investing heavily in radio ads in DFW and focusing on potentially losing the NFL Draft and remain steadfastly opposed to this unnecessary legislation.”

[…]

Behind the scenes, multiple sources say the Cowboys are letting lawmakers know how passage of this bill could negatively impact the franchise’s ability to book sporting and entertainment events at AT&T Stadium and The Star in Frisco. One source described the club’s lobbying efforts against the bill’s passage as “quiet and aggressive.”

The club, like so many other businesses, finds itself in a delicate position. It doesn’t want to antagonize Gov. Greg Abbott and Lt. Gov. Dan Patrick, the bill’s primary proponent, since there will be a variety of bills down the road that can aid the Cowboys and officials will seek support from the two. But the Cowboys want to get across how they believe altering existing law will impact their bottom line.

Corporations outside the state can threaten not to build or move existing projects and operations out of Texas if the bill passes. The Cowboys don’t have that sort of leverage.

What will Jones do if the bill passes? Move the franchise to Little Rock?

No. But club officials can discreetly point out that the U2 concert that recently took place at AT&T Stadium would not have found its way to Texas if this bill had been law. It can question whether the Big 12 Championship Game and other marquee college matchups and events will be staged in Arlington going forward.

There’s embedded audio of the ad in the piece linked above if you want to hear it. The NFL Draft and the Cowboys’ efforts to bring it to Dallas next year has come up before; this is just a way to bring more attention to that. Whether this campaign will affect how any member of the House votes on bathroom bills I can’t say, but I can say this: AT&T Stadium is located in Arlington, and it is represented in Austin by a total of six people: Sens. Kelly Hancock and Konni Burton, and Reps. Jonathan Stickland, Matt Krause, Tony Tinderholt, and Chris Turner. All but Turner are Republicans, and all but Turner are Yes votes on potty-related legislation. In fact, Stickland and Krause and Tinderholt are all members of the lunatic House Freedom Caucus, whose bill-killing maneuvers at the end of the regular session allowed Dan Patrick to take the sunset bills hostage and force the special session we are now enduring. So, while I greatly appreciate the Cowboys’ lobbying efforts, which no doubt carry far more weight than most, there very much is something they can do afterwards, whether one of these bills passes or not: They can put some of that weight behind an effort to get themselves better representation in the Legislature. It’s not a high bar to clear in this case. Just a reminder that the fight doesn’t end at sine die. The Chron has more.

The bathroom bill would affect disabled people, too

Yet another problem caused by this harmful “solution”.

As lawmakers this summer debate yet another controversial measure regulating bathroom use based on biological sex, disabled Texans say they — like many transgender men and women — believe the Legislature is further complicating something that’s already difficult to navigate.

On Tuesday, the Texas Senate advanced Senate Bill 3, which would restrict bathroom use in local government buildings and public schools based on the sex listed on a person’s birth certificate or DPS-issued ID, and gut parts of local nondiscrimination ordinances meant to allow transgender people to use public bathrooms of their choice.

The bill’s author, state Sen. Lois Kolkhorst, R-Brenham, argues her measure is meant to protect privacy in the bathroom and would dissuade sexual predators from taking advantage of trans-inclusive bathrooms policies.

But for many caretakers and disabled Texans, the issue goes much deeper. Rosanna Armendariz said she fears if a “bathroom bill” passes, people might think her [8-year-old autistic] son is breaking the law — even though the Senate’s version of the measure exempts people with disabilities.

“As my son gets older, someone might get upset and call the police if they see him in the women’s room,” she said. “It’s horrifying to think me or my disabled son could be subject to criminal prosecution just for using the toilet.”

In an effort to address this exact issue, state Sen. Eddie Lucio Jr., D-Brownsville, tacked an amendment on to Kolkhorst’s bill on Tuesday exempting disabled Texans from having to use the bathroom matching their biological sex.

Advocates for the disabled say it’s not enough: Not all disabilities are obvious, and even with Lucio’s amendment, they say, a person with a disability would be forced to prove they have one.

“When you look at the word ‘disability,’ it covers a very broad scope of people — from mental illness to physical disabilities to someone who might be in a wheelchair,” said Chase Bearden, director of advocacy and engagement for the Coalition of Texans with Disabilities. “You don’t know what’s going on behind the scenes.”

It should be noted that the version of SB3 that was introduced contained no exemptions for people with disabilities, not even the exemptions that had been in the bathroom bill that the Senate passed during the regular session. “Because of some of the signals we received from the governor’s office, we left [those exemptions] out” was how bill author Sen. Lois Kolkhorst described it. That’s some kid of compassion and empathy right there. The point here is that even with this exemption, the bill is still bad for people with disabilities because it further singles them out and increases the burden on them. It’s bad for a lot of people, in a lot of different ways. I keep thinking we’re going to run out of ways to say that, and then we keep finding new ones.

House takes a different direction on trees

Better than the Senate version, for sure.

The Texas House added a potential wrinkle to Gov. Greg Abbott’s special session agenda on Thursday, giving early approval to a bill that would allow property owners to plant new trees to offset municipal fees for tree removal on their land.

The initial 132-11 vote on House Bill 7, a compromise between builder groups and conservationists, is a replica of legislation from this spring’s regular legislative session that Abbott ultimately vetoed, saying the bill did not go far enough. His preference: barring cities altogether from regulating what residential homeowners do with trees on their property.

[…]

State Rep. Dade Phelan, R-Beaumont and the author of HB 7, said the bill was the result of months of negotiations between developers, conservationists and city officials. He said his bill and laws that go further to undercut local tree ordinances could coexist.

“This isn’t a Republican or Democrat bill, this isn’t a liberal or conservative bill, this is where people choose to live,” Phelan said at a Tuesday committee hearing. “They know it’s there when they decide to live there.”

See here and here for some background. I can’t see the Senate accepting this bill in place of the one it passed, a House version of which is in the House Urban Affairs Committee, whose Chair, Rep. Carol Alvarado, says there’s no need for it now that HB7 has been passed. The remaining options are a conference committee, in which we get to see which chamber caves to the other, and letting the matter drop. Good luck with that, Dan Patrick.

By the way, if you want to get a feel for how ridiculous that Senate bill and the whole idea of a glorious fight against socialistic tree ordinances are, here’s a little story to illustrate:

On Wednesday, during floor debate over SB 14, [bill author Sen. Bob] Hall answered a Democratic senator’s half-serious question about why he hated trees by saying, “I love trees … I also love liberty.” Hall has lived in Texas less than a decade and is perhaps best remembered as the guy who claimed that “Satan” had a “stranglehold” on his GOP opponent, former Senator Bob Deuell. In Hall’s statement of intent on SB 14, he played constitutional scholar, claiming that “private property rights are foundational to all other rights of a free people” and that “ownership gives an individual the right to enjoy and develop the property as they see fit.” Therefore, placing any restrictions on when a property owner can prune or remove a tree “thwarts the right to the use of the property.”

This absolutist formulation, which in casual speech is reduced to “I luv liberty,” would seem to disallow virtually any restrictions on what property owners can do to their property. What exception is possibly allowed here?

Well, plenty, if you’re a Republican who has very special trees in her district that must be protected from personal liberty. It was a minor moment on the floor on Wednesday, but it was a telling one: Senator Lois Kolkhorst, she of bathroom bill fame, got assurance from Hall that his bill wouldn’t touch Section 240.909 of the Texas Local Government Code, a statute that “applies only to a county with a population of 50,000 or less that borders the Gulf of Mexico and in which is located at least one state park and one national wildlife refuge.” That’s Lege-speak for Aransas County, whose beautiful and iconic windswept oak trees you may have seen if you’ve ever vacationed in Rockport.

In 2009, Representative Geanie Morrison and Kolkhorst’s predecessor, Glenn Hegar, passed a bill allowing the Aransas County Commissioners Court to “prohibit or restrict the clear-cutting of live oak trees in the unincorporated area of the county.” It seems some unscrupulous people were clear-cutting the oak trees, upsetting the locals, diminishing property values and harming the tourist economy. Something had to be done: Personal liberties were chainsawing the shared values of the community.

Hall assured Kolkhorst that his bill wouldn’t touch Aransas County, an apparent exception to Liberty’s purchase on the other 253 counties in the state that he didn’t bother to explain. But when Senator Jose Menendez, a San Antonio Democrat, asked if an exception could be made for San Antonio’s ordinance, which he said helps keep the air clean, Hall balked.

And thus, the important Constitutional principle of “my trees are better than yours” is upheld. God bless Texas, y’all.

The bathroom bill in the House

Mostly good news here.

Dangerous. Discriminatory. Chilling. Hurtful.

Those are words used by House State Affairs Chairman Byron Cook to describe bathroom legislation headed to his committee in the Texas House in the coming days.

The Republican from Corsicana said legislation that would force transgender people to use bathrooms in line with their birth sex “puts people at risk,” but stopped short of saying what he plans to do with the bills headed to his committee during the special legislative session.

“Requiring those people to go to the women’s restroom when they look like men, that can be dangerous. Requiring men who are trans women and wear dresses and makeup and look just like women, requiring them to go to the men’s room creates a dangerous situation,” he said.

[…]

The State Affairs Committee, considered the gatekeeper to control whether the bathroom bill advances to the House floor, will “try to do what is in the best interest in the state of Texas,” said Cook. “That’s what we always try to do.”

Cook on Wednesday walked a careful line on his stance on bathroom legislation in an essay on Texas GOP Vote, a Republican website that serves as a community forum on issues before the Legislature.

“As for my position on the ‘bathroom’ bill, I support legislation that limits admittance (based on gender at birth) to multi-stall bathrooms and locker rooms in our schools and requires local school districts to develop single-stall bathroom policies for its transgender students,” he wrote. “Beyond clarifying this policy for our public schools, we already have strong laws in Texas against sexual predators. Therefore, I do not condone duplicitous grandstanding on this issue and/or discriminatory legislation; nor do I support laws that will adversely affect our state’s economy.”

Like I said, mostly good news. There’s room in there for something like the watered-down bathroom bill that passed the House in the regular session to emerge, and if it does maybe this time the Senate agrees to take it to a conference committee and see what happens. It’s not over till adjournment, and you can be sure there will be attempts to attach something like the Kolkhorst bill to other legislation. At least the good news there is that the opportunities to do that are necessarily limited. Keep those calls to your legislators coming.

Abbott versus the cities

The continuing story.

If Gov. Greg Abbott has disdain for how local Texas officials govern their cities, it didn’t show in a Wednesday sit-down with three mayors who were among 18 who jointly requested a meeting to discuss legislation that aims to limit or override several municipal powers.

“Whether we changed anybody’s mind or not, you never know,” said Galveston Mayor Jim Yarbrough. “But I will say it was a healthy conversation.”

What also remained to be seen Wednesday: whether Abbott plans to meet with mayors from the state’s five largest cities — who were also among those who requested to meet with the governor. So far, Abbott hasn’t responded to the requests from the mayors of Austin, Dallas, Fort Worth, Houston and San Antonio.

[…]

Houston Mayor Sylvester Turner said at a press conference Wednesday that when he was a member of the Texas House, Republican lawmakers repeatedly complained about government growing and overstepping its bounds.

“And now we find that the state government is really reaching down and telling local governments what they can or cannot do and pretty much trying to treat all cities as if we are all the same,” Turner said.

During invited testimony to the House Urban Affairs committee on Tuesday, several city officials and at least one lawmaker denounced what they said were overreaching and undemocratic attempts to subvert local governance.

“If people don’t like what you’re doing, then there are things called elections. I don’t see it as our job to overreach and try to govern your city,” said State Rep. Carol Alvarado, D-Houston.

San Antonio Mayor Ron Nirenberg testified that it felt like the state was waging a war on Texas cities.

“The fundamental truth about the whole debate over local control is that taking authority away from cities — preventing us from carrying out the wishes of our constituents — is subverting the will of the voter,” Nirenberg said.

At Wednesday’s meeting with Abbott, Yarbrough said he and his counterparts from Corpus Christi and San Marcos told the governor that local officials have a better finger on the pulse of city residents’ expectations and demands.

“We wanted to make sure we preserved the ability for local municipalities to be able to adjust and react to the needs of their community,” he said.

See here for some background. It’s mighty nice of Abbott to take a few minutes out of his busy schedule of threatening legislators to meet with these concerned constituents, but they shouldn’t have had to take time out of their busy schedules to try to persuade the Governor to leave over a century of accepted governance in place and butt out of their business. And not for nothing, but the cities whose Mayors Abbott has been ignoring are the reason he can make elaborate claims about how awesome the Texas economy is.

Let’s begin with population. The five counties that contain the state’s five largest cities have a combined 12,309,787 residents, which is 44 percent of the state’s total. If you want to talk about elections, the registered voters in those counties make up 42 percent of Texas’ electorate.

Those counties out-perform the rest of the state economically. Texas’ five biggest urban counties constitute 53.5 percent of total Texas employment. If you broaden it out to the metropolitan statistical areas, which include the suburbs as well, the proportion becomes 75.8 percent — and growth in those regions has outpaced growth in the state overall since the recession.

Not convinced Texas’ cities drive the state? Let’s look at gross domestic product: The state’s five biggest MSAs contribute 71 percent of the state’s economic output, a proportion that has increased by two percentage points over the past decade. Focusing just on counties again, workers in the ones that contain Texas’ largest cities earn 60 percent of the state’s wages.

If you look at the embedded chart in that story, you’ll see that the metro area that is doing the best economically is the Austin-Round Rock MSA, and it’s not close. It’s even more impressive when you take into account how busy the city of Austin has been systematically destroying Texas with its regulations and liberalness and what have you.

As I said in my previous post on this subject, quite a few of the Mayors that are pleading with Abbott to back off are themselves Republicans, and represent Republican turf. It’s good that they are trying to talk some sense into him, but I’d advise them to temper their expectations. Abbott and Dan Patrick and a squadron of Republican legislators, especially in the Senate, don’t seem to have any interest in listening. The one thing that will get their attention is losing some elections. What action do these Mayors plan to take next year when they will have a chance to deliver that message?

House committee hears largely pointless property tax bills

Something will probably come out of this, but it’s hard to understand why.

Rep. Dennis Bonnen

A Texas House committee on Tuesday spent more than seven hours plowing through more than 30 bills that aim to tackle rising property tax bills — months after similar legislation died amid an intra-GOP war over how conservatively state officials should govern.

And while the Senate spent the past five days — including the weekend— tearing through the 20 issues Gov. Greg Abbott wants addressed in the special legislative session, the House Ways and Means Committee on Tuesday tackled property taxes from several angles that collectively go far beyond the upper chamber’s major property tax bill that’s poised to pass this week.

Among the legislation debated was House Bill 4 by state Rep. Dennis Bonnen, the committee’s chair, which includes a provision that requires cities, counties and special purpose districts to get voter approval if they plan to increase property tax revenues on existing land and buildings by 5 percent or more.

During the regular session, such an election provision died in Bonnen’s committee. Its absence from property tax legislation led to an impasse between the two chambers that — along with the House’s refusal to pass legislation regulating bathrooms that transgender Texans can use — eventually resulted in Abbott calling lawmakers back to Austin this summer.

The dozens of bills that House members discussed Tuesday aim to slow property tax growth, overhaul the appraisal process, simplify tax notices and increase or provide exemptions to some elderly and disabled Texans and military members.

Bonnen, R-Angleton, repeatedly asked fellow lawmakers how legislation that was introduced had fared during the regular session, highlighting how some of the matters died either in the Senate or at the hands of Tea Party-aligned House members.

He vehemently defended HB 4 against criticism from city and county leaders but also admitted it would do nothing to lower individual Texans’ tax bills. Instead, it would only allow them to slow the growth in property tax increases that are often largely driven by rising property values.

“None of this reduces property taxes at all,” he said. “It’s sort of ridiculous that there’s any level of suggestion … that there is.”

There’s more, but that quote sums it all up pretty well. It’s a Potemkin bill designed to allow Republican legislators to tell the seething hordes of primary voters that they Did Something About Taxes, without really doing anything substantive or beneficial about taxes. It’s probable that one of these bills will pass, and if it does it’s not the end of the world, but it will be another brick in the wall of stupid policymaking whose main goal is to shift the burden and deflect the blame from Austin to the locals. That goal, at least, it has a chance of achieving.

Law enforcement against the bathroom bill

Add another group to an ever-expanding list.

Police chiefs from three of the five biggest cities in the state gathered at the Texas Capitol on Tuesday to spurn proponents’ claims that such legislation is needed to protect privacy, arguing that proposals being considered by the Legislature are discriminatory, won’t keep people safe and would divert law enforcement resources.

“It may be great political theater,” said Houston Police Chief Art Acevedo, “but it is bad on public safety.”

The police chiefs were joined by public school officials, advocates for sexual assault survivors, representatives for the Harris County and El Paso sheriff’s offices, the Corpus Christi ISD chief of police and other members of the law enforcement community.

“If a bill like this were to be passed that would pull police officers’ time away from combating violent crime into enforcing a bathroom bill, it makes communities less safe,” said Austin Police Chief Brian Manley. “It is time not spent ensuring community safety.”

[…]

“I asked my department to go through the record. What we found is this: There were no known incidents of bathroom assaults performed by men posing as transgender women,” San Antonio Police Chief William McManus said Tuesday. “I am a believer that if you propose a bill to address a criminal justice concern, it is important to determine if there is an actual problem you are trying to solve.”

Corpus Christi ISD chief of police Kirby Warnke added: “School districts face multiple issues that the Legislature could help us with, but the bathroom bill is not one of them.”

As the story notes, this is the first time law enforcement has organized to speak out against the bill. I’m trying to think of any group that isn’t associated with professional conservatives who supports it, and I just can’t. In a sense, none of this matters, as the Senate went ahead and passed a bill that is basically identical to what they had passed in the regular session, by the same 21-10 vote as before (all Rs plus the insufferable Eddie Lucio), but that’s the wrong way to look at it. As I look at it, everyone who votes for this abomination is giving more and more people a good reason to vote against them next year, with a lot of those people being strongly motivated to see them get voted out. It’s also given a lot of people the chance to stand up and speak out for doing the right thing, which is always welcome. We’re going to lose battles along the way, but this is a fight we will win. The Press has more.

Senate has mostly completed the Abbott special session agenda

I’m just going to hit the highlights here because this stuff is happening quickly and often late in the day, but most of the Abbott 20-point special session agenda has been turned into bills that have as of this morning passed the Senate. Yesterday’s action included vouchers and still more unconstitutional abortion restrictions, while the weekend saw a lot more. Basically, if it hasn’t passed the Senate yet, it will in the next day or two. They’ll then sit around and wait for either more agenda items to be added or amended bills to come back to them from the House.

As for the House, they’re just getting started. They passed the sunset bill on first reading, which is the one thing they had to do. There are committee hearings scheduled for the week – unlike in the Senate, the House is going to follow its usual process, which means taking a certain amount of time rather than acting like they have ants in their pants while their hair is on fire. How many Senate bills they take up, and how many they vote on, remains to be seen. You can bet that the voucher bill is a non-starter, but most things after that are at least possible. That includes some kind of bathroom bill, though whether they pass anything more than the weakened form of the bill that the Senate rejected in the regular session is anyone’s guess at this point.

In the meantime, the threat of the bathroom bill as well as the reality of the “sanctuary cities” ban continues to cost the state business, and there’s more where that came from. Texas Competes had a small business-focused press conference yesterday, and in their release they totaled the damage so far at over $66 million in canceled conventions, with $200 million set to pull out if Dan Patrick gets his wish, and over a billion that may follow suit. The Charlotte News & Observer sums it up nicely:

The story now is well-known: Bill passes, business vanishes, national disgrace ensues, Republicans stumble through an amateur hour of near repeal and finally, thanks to intervention from business people, a settlement is reached that unfortunately allows Republicans to save a little face by limiting local governments’ rights to pass anti-discrimination ordinances for a period of time. But North Carolina did enough to bounce back and start landing business again.

Ah, but in Texas, pardners, the HB2 lesson has gone unlearned, as Republicans in the Texas legislature prove themselves to be – using a Lone Star expression – “all hat and no cattle.” They’re actually pushing their own version of HB2, even after many Republican states backed away when they witnessed what happened in North Carolina.

[…]

In this age of Republicans driven by the hard-right, or whatever it is, ideology of the “base” that elected Donald Trump, the Texas debate proves that anything (crazy) is absolutely possible. What’s astonishing is that Texas lawmakers had a perfectly clear view of the economic catastrophe that came to North Carolina after HB2 — tens of millions of dollars lost, including $100 million economic impact for Charlotte with loss of the NBA All-Star Game, and thousands of jobs gone, with companies deciding against establishing offices or expanding the ones they had.

It’s as if, pardon the Texas-sized metaphor, Texas lawmakers stood and watched North Carolina Republicans run full-face forward into a cactus, and then turned to one another and said, “Hey, that looks like fun.”

Yes, this is the world we live in these days. Call your representative and let them know you’d really rather we not slam our faces into a cactus.

War on local control update

Example one:

Sen. Craig Estes’ Senate Bill 18 would require cities and counties to get voter approval if they plan to spend a certain amount more than they did in a previous year. His bill ties such an election trigger to inflation and statewide population growth.

“You ask people about that and they generally think that’s a good thing,” the Wichita Falls Republican said Friday.

But local government officials and advocates for municipal government say the measure will hinder their ability to afford services that residents expect. They also say it will make it hard to keep up with population growth — especially in booming suburbs growing much faster than the state as a whole.

“We’re planning our budgets multiple years in the future because we’ve got so many capital projects that we can’t just look at budgets from year to year,” said Frisco Mayor Jeff Cheney, whose North Texas city grew almost four times as fast as Texas did from 2015 to 2016.

Estes’ bill, plus others aimed at giving voters more frequent say over their property tax rates, are on the docket for Senate committees this weekend. They fall in line with several items on Gov. Greg Abbott’s special session call that seek to limit powers cities and counties have long exercised. Other bills being considered Saturday and Sunday would change how and when municipalities regulate land use and annex land outside their borders.

State leaders say they are trying to both respond to Texans’ complaints about rising property tax bills and protect landowners’ rights from local regulations. But local elected officials say lawmakers and top state leaders are unfairly portraying cities and counties as irresponsible stewards of taxpayer money to score political points with voters ahead of next year’s primaries.

Such tensions highlight a growing divide over how much say city and county officials should have over local matters. San Antonio Mayor Ron Nirenberg said the proposed spending cap is another example of lawmakers trying to control officials who are elected to represent Texans at the local level.

“It certainly flies in the face of the very important democratic principle that we’ve adhered to for centuries in self governance,” Nirenberg said.

[…]

Estes couldn’t point to any examples of cities or counties dramatically increasing their spending in recent years. He said his office is currently collecting data from local governments on it. And he said he’s open to tweaking provisions in his bill as it moves through the Legislature.

But he shrugged off the notion that the state shouldn’t be telling local governments what to do. He said counties are extensions of state government, and that cities “reside in the state.”

“I don’t think that’s really an issue, that we don’t have any jurisdiction in what they’re doing,” he said. “We do.”

Don’t bother making the analogy to states and the country, because that’s Totally Different and Not The Same Thing At All, because it just is and that’s that. I would just point out that several of the Mayors who signed that letter opposing stuff like this are Republicans. This is not a partisan issue, it’s one of power and the belief of Abbott and Patrick, enabled by Patrick’s minions in the Senate, that they’re the only legitimate form of government. It’s crazy that we’ve come to this place, but here we are.

Example two:

A bill aimed at protecting property owners’ rights from changing local government regulations could undo years of safety and land use rules and create a building environment in Texas with the potential for bars to pop up in residential neighborhoods, critics say.

Some local officials are calling Senate Bill 12 the “hyper-grandfathering” bill that goes far beyond current state provisions by retroactively applying to each property the land use and safety codes that were in place the last time the property was sold. In the extreme, SB 12 could lead to broad land use possibilities for parcels of land that haven’t changed hands in decades, according to six local government and public policy experts tracking the bill.

[…]

The bill’s author, Sen. Dawn Buckingham, R-Lakeway, said in a statement it would protect property owners from new county or city regulations that would upend the plans that people had when they bought the land.

“Since filing Senate Bill 12, I have been working with stakeholder groups across Texas, and I look forward to passing legislation that will protect the rights of Texans to develop their property,” Buckingham said.

In Austin, the passage of SB 12 would drastically undermine the city’s ongoing efforts to rewrite its entire land use code, known as CodeNext. If the City Council signs off next spring as planned on CodeNext, none of its provisions would take effect on a piece of property until the land changed hands, Planning and Zoning Director Greg Guernsey said.

“Let’s say CodeNext gets approved,” Guernsey said “It is not worth a whole lot if I have to deal with property codes from 10, 20 or 30 years (ago).”

I’ll bet the lawyers who specialize in land use codes will make a killing, though. Bear in mind, while the state would impose this requirement, it’s the cities and counties that will get stuck with the costs of implementing and enforcing it. I don’t even know what to say.

Example three:

A Texas Senate committee approved a bill Saturday that would outlaw local restrictions on using a cellphone while driving.

Senate Bill 15 would pre-empt local ordinances on mobile phone usage, effectively rolling back provisions in more than 40 Texas cities that currently post hands-free ordinances stricter than the statewide texting ban. That measure now heads to the full Senate. It was one of several items the Senate Business and Commerce Committee took up Saturday that target local regulations and ordinances.

That committee also passed a bill that would require women to pay a separate premium for insurance coverage of an abortion that is not considered medically necessary.

Gov. Greg Abbott has argued that stricter local cellphone ordinances make for a confusing “patchwork” of regulations across the state, leaving drivers confused as they navigate between areas with different rules. Opponents of SB 15, including police officers from San Antonio and Austin who testified against the measure on Saturday, argue that the state should not pre-empt city ordinances that make people safer.

State Sen. Judith Zaffirini, D-Laredo, the Senate sponsor of the statewide texting-while-driving ban that goes into effect in September, said SB 15 would be a “huge step back.”

“I’ve never cried as a senator,” said Zaffirini, a senator since 1987. If this passes, “I think I would cry.”

The committee vote on SB 15 was 7-2.

The Buckingham bill was not voted on in committee, with some comments from the author that it could get reworked. Call me crazy, but maybe this is the sort of thing that needs a more deliberate process, if only to see if there is any legitimate purpose for it. If there’s one bit of good news in all this, it’s that the general insider belief is that most of Abbott’s agenda won’t get passed. There’s still plenty of room for damage even if only a few of his items make it through. The House offers the better chance of non-action, so let your representative know what you think.

Anticipating the future bathroom-related litigation

It will be a matter of when, not if, should a bathroom bill passes.

[B]oth sides agree if any version of the bathroom bill becomes law, it will likely trigger a protracted legal battle that could have implications for the transgender community in Texas and nationwide.

“If it does in fact pass, it will be a big test for civil rights organizations,” said Anthony Kreis, an assistant professor at the Illinois Institute of Technology’s Chicago-Kent College of Law. “It will also be a huge, landmark case in the courts to test the scope and limits of transgender rights in this county.

Senate Bill 3 and Senate Bill 91, authored by Brenham Republican Lois Kolkhorst, are nearly identical. They would both require public and charter schools to ensure that every multiple-occupancy bathroom, shower and locker room “be designated for and used only by persons of the same sex as stated on a person’s birth certificate.”

A few schools in Texas allow transgender students to use the bathroom that matches their gender identity, according to Joy Baskin, legal director for the Texas Association of School Boards. But Kolkhorst’s bills would force trans girls, for example, who are born male but identify as female to use either a private, single-stall bathroom or the boys’ restroom.

School districts would also not be able to protect athletes from discrimination, unless they are already covered under state or federal law, such as Title IX. Courts in other parts of the country have ruled Title IX’s prohibitions on sex discrimination against female athletes also apply to transgender students. But there’s been no similar decision that applies here in Texas.

The University Interscholastic League, which regulates most high school sports, already segregates competition based on the sex listed on an athlete’s birth certificate. This year, it famously barred a transgender boy from wrestling other boys; he went on to win the girls state title.

[…]

Legal experts agreed that while the legislation won’t create a state-funded “potty police,” it will likely land Texas in the courtroom if it becomes law.

Dale Carpenter, a constitutional law professor at Southern Methodist University’s Dedman School of Law, questioned the legality of Kolkhorst’s bills as well as two pieces of legislation pending debate in the House.

The House bills, pushed by Carrollton Republican Ron Simmons, are far narrower and seek to shift the power over regulating bathroom from municipalities and schools to the state government.

But TASB’s Baskin says Simmons’ schools bill won’t require them to change their current policies because it would not force trans kids out of the multi-stall restrooms that match their gender identity. Simmons disagrees, but understands most schools are already only providing single-stall bathrooms for trans kids.

House Speaker Joe Straus, R-San Antonio, has called the bathroom debate unnecessary and the legislation anti-business, but one of Simmons’ two bathroom bills already has more than 40 Republican co-sponsors in that chamber.

Carpenter said the Senate bills would be more susceptible to a legal challenge because they restrict rights based on biological sex and gender identity. The House bills don’t explicitly use these terms or limit bathroom use based on “birth certificate,” so they’d be tougher to fight in court, he said.

“The (Senate) bill, it seems to me, is directly aimed at preventing people from using restrooms associated with their gender identity,” Carpenter said. “But, no matter which of these laws passes, it will probably be challenged.”

Obviously, it would be best if it didn’t come to that, but best to be prepared for the worst. My assumption has been that there will be more than one lawsuit, as there will be multiple angles to attack this from. The fact themselves that the bills being considered seem to have a lot of loopholes and room for broad interpretation is also an invitation to litigate. Like so many other things the Lege and our Republican leaders have deemed to be top priorities, this will be tied up in the courts for years.

But first, there’s the hard work to try to stop these bills from becoming law, and a big part of that is the public testimony against them. One takeaway from the fight over HB2, the omnibus anti-abortion legislation that Wendy Davis filibustered and the Supreme Court eventually invalidated, was how much the public testimony contributed to the court case, by showing how indifferent and willfully ignorant the Republicans were to objective fact and contradictory evidence. I feel pretty confident the same sort of thing will happen here with the potty bills, if they make it to the finish line. There’s live coverage of the hearings in the Trib, and there’s plenty of activity going on outside and around the Capitol, as the Texas Association of Business runs anti-bathroom bill ads and the national Episcopal Church comes out against the bills. It’s never a bad idea to call your legislator and let them know how you feel, so make your voice heard. And remember, in the end, the one message every politician receives is losing an election. The Observer, BurkaBlog, the Current, the Rivard Report, and Texas Leftist have more.

UPDATE: In the end, SB3 passed out of committee, as expected. On to the floor of the Senate, then it’s up to the House.

Yet another lawsuit filed over yet another unconstitutional anti-abortion law

Stop me if you’ve heard this one before.

Texas is heading to court over a state law going into effect in September banning the most common second-trimester abortion procedure.

The Center for Reproductive Rights and Planned Parenthood announced on Thursday they’re suing over a provision in Texas’ Senate Bill 8 bill that outlaws dilation and evacuation abortions. In that procedure, a doctor uses surgical instruments to grasp and remove pieces of fetal tissue. SB 8 only allows the procedure to be done if the fetus is deceased.

Nancy Northrup, president and CEO of the Center for Reproductive Rights, said in a news release that Texas legislators “have once again compromised the health and safety of the women they were elected to represent” to appease abortion opponents.

“The law we challenged today in Texas is part of a nationwide scheme to undermine these constitutional rights and ban abortion one restriction at a time,” Northrup said. “We are prepared to fight back using the power of the law wherever politicians compromise a woman’s ability to receive the care she needs.”

Medical professionals deem the method the safest way to perform an abortion on a pregnant woman, and reproductive rights groups have said this change would subject women to an unnecessary medical procedure. Abortion opponents call the procedure “dismemberment” abortions and argue it’s inhumane.

Provisions similar to SB 8 have been halted in Louisiana, Kansas, Oklahoma and Alabama, according to the center’s news release.

See here for the background, and here for the news release. This will be stopped by the courts, and when all is said and done we the taxpayers will get to pick up the tab for the legal fees incurred as the state defends this indefensible monstrosity. Personally, I think it would be more efficient to just make a donation to the CRR directly, but to each their own. Oh, and do keep in mind that the madness never ends, so get ready for even more of this fun in the not too distant future. The Observer and the Current have more.

Mayors to Abbott: Don’t mess with our cities

Good luck getting through.

Less than 24 hours after Gov. Greg Abbott blasted local government restrictions like tree ordinances as a threat to the “Texas brand,” city government leaders statewide are seeking a meeting with the Republican leader.

“We would like the opportunity to meet with you to discuss the role cities play in attracting jobs and investments to support the prosperity of the State of Texas,” a letter signed by 18 mayors, including Houston mayor Sylvester Turner to Abbott states.

[…]

The letter from the mayors makes clear that they fear the Texas Legislature is overreaching and doing too much harm to local governments.

“Harmful proposals such as revenue and spending caps, limiting annexation authority, and other measures preempting local development ordinances directly harm our ability to plan for future growth and continue to serve as the economic engines of Texas,” the letter states.

The mayors on the letter include those from Houston, Amarillo, Arlington, Austin, Corpus Christi, Dallas, Denton, El Paso, Fort Worth, Frisco, Galveston, Irving, Lubbock, McKinney, Plano, San Antonio, San Marcos, and Sugar Land.

You can see the letter here. You might note that some of the cities in question are Republican suburban kind of places. It’s not just us smug urbanites that would like to have our current level of autonomy left alone. I’m going to say the same thing to these Mayors that I’ve been saying to the business folk that have been working to defeat the bathroom bill, and that’s that they are going to have to follow up all these words with actions, because Greg Abbott and Dan Patrick don’t care what they have to say. If you’re not working to elect better leadership in 2018, which in this case means leadership that is not actively undermining and degrading Texas’ cities, then you’re part of the problem too, and your words have no meaning. The Current and the Press have more.

Harris County Attorney files amicus brief in SB4 lawsuit

Good.

Last week, Harris County Commissioners Court opted not to join a lawsuit challenging the state’s controversial “sanctuary cities” law as unconstitutional.

Harris County Attorney Vince Ryan, however, has filed a brief asking a federal court to halt its implementation on Sept. 1.

“S.B. 4 will do irreparable damage to this State’s child welfare process, place county attorneys charged with representing DFPS in an irreconcilable conflict, and do further trauma to children who have been placed in the State’s care. Further, there is no legitimate state purpose in treating children who have an unauthorized immigrant parent or other potential care giver differently in child welfare cases,” states Ryan’s brief, which was filed this month in federal court.

[…]

Special Assistant County Attorney Terry O’Rourke said that come Sept 1., with no injunction stopping SB4’s implementation, the county attorney’s office does not know how it will handle certain child welfare cases.

“That’s an ethical hell that we do not want to experience, and that’s why Vince Ryan has asked the federal court for guidance,” O’ Rourke said.

You can see the specific objections in the story. This is not as good as if Commissioners Court had voted to join the litigation, but it’s something. In the meantime, Cameron County and the city of Laredo have joined the plaintiffs, and there are a couple of bills to repeal SB4 that have been filed for the special session, though of course neither of them will get anywhere. It’s still important to make the stand, and in the better-late-than-never department, business interests are weighing in as well. It’s hard to overstate how much damage the Republicans in charge have done to Texas’ reputation this year, and there’s still more to come. Stace has more.

Senate will hold bathroom hearing tomorrow

They just can’t wait. From the inbox:

BREAKING: The Senate State Affairs Committee is pushing for a hearing on anti-transgender “bathroom bill” legislation this Friday at 9AM, Charles.

Intel from the Capitol tells us that Sen. Lois Kolkhorst will introduce a FOURTH discriminatory “bathroom bill” later today. That’s the bill that the Senate State Affairs Committee will consider Friday morning.

That only gives us 24 hours between when the bill is dropped and when it gets a Senate committee vote to stop this anti-transgender measure in its tracks.

With lawmakers moving fast and furious in efforts to ram through legislation that would blatantly legalize discrimination against transgender Texans—we can’t waste a single minute.

Rush a message to Texas lawmakers—right now—and make your voice heard loud and clear: I oppose anti-transgender “bathroom bills!”

 

You remember Sen. Lois Kolkhorst? She’s one of Lt. Gov. Dan Patrick’s top cronies and the lead sponsor on SB 6—legislation from regular session that would have instated a blanket ban on transgender people in public bathrooms.

Texas’ SB 6 was the near twin to North Carolina’s disastrous HB 2.

And now, the mastermind behind that devastating legislation is coming back for a second shot at making anti-transgender discrimination state law in Texas.

We can’t know how far Sen. Kolkhorst’s new bill (expected to drop tonight) will go. But we know that the only way to defeat it is to mobilize a groundswell grassroots opposition—starting now.

Rush a message to your lawmakers right now and urge them to stand with you and an overwhelming number of Texans and reject discriminatory “bathroom bills.”

Your lawmakers answer to you. Hold them accountable.

You know, Patrick aimed to organize a bunch of wingnut pastors and their congregations in support of this atrocity, but to whatever extent he did that, the people who have been showing up en masse to express their view on this have been overwhelmingly against it. Maybe that effort was more talk than action, and maybe Patrick’s minions figure they don’t have to do any work to get what they want, it will just be done for them, I don’t know. What I do know is that if the Lege has been listening, they’ve heard loud and clear what the people do and don’t want. It’s up to them to act accordingly, and for us to reinforce that lesson at the ballot box next year.

Long read on the ongoing bathroom bill fight

From the Daily Beast. Covers a lot of ground, some of which is familiar but quite a bit of which is new or at least additive. A small sample:

Two bills, HB 46 and HB 50, have so far been filed for the special session, sponsored by state Rep. Ron Simmons. A further Senate Bill, SB 23, is aimed at prohibiting cities from introducing non-discrimination legislation above and beyond that which has been sanctioned at state level.

HB 46 would stop school boards from enforcing policies that allow transgender youth or staff to use the restrooms of their choice; HB 50 would undo any ordinances passed in specific cities designed to protect the rights of trans people to use the public bathrooms they want.

Simmons told The Daily Beast: “At least in Texas, for 170 years since we’ve been a state, bathroom usage was understood. People used the bathrooms… you know, male used male, female used female.

“All HB 46 and HB 50 does is says this is an issue that needs a lot of debate and a lot of discussion. Right now, we don’t need patchwork of ordinances around the state. We need to keep in place what is currently in place until there is a federal law or a state law change.

“We’re also protecting—just like a transgender woman might feel uncomfortable going into the biological bathroom of her choice; say she’s a biological man, but a transgender woman—a person who is not transgender who might feel very uncomfortable for someone who is biologically male to be in same shower or changing facility as them. We’re protecting their privacy as well.”

Simmons dismissed Speaker Straus’ concerns over trans suicide. “I don’t think there are any statistics that relate trans use in restrooms to suicide rates.” He added he would be happy to study such figures if they existed.

There are, in fact, many statistics showing the high levels of discrimination and prejudice experienced by transgender Texans.

In the 2015 U.S. Transgender Survey, 61 percent of trans Texans reported avoiding public restrooms because they were afraid of confrontations or other problems they might experience. Thirty-six percent limited what they ate or drank so they wouldn’t have to visit a restroom.

There’s a lot more, including further examples of ignorance and made-up statistics from Rep. Simmons. I actually don’t think he’s one of the true bad guys in all this, but he really needs to meet a few trans people and maybe do a little reading outside the right wing bubble. He could start with this article, and I commend you to do the same.

On a tangential note, kudos to Gromer Jeffers of the DMN for saying something that has needed to be said:

Business leaders have been criticized for not doing more to squash the bathroom bill proposals during the regular session. Now that Gov. Greg Abbott has added it to the call for a special session, there’s a likelihood that some sort of legislation will be passed, perhaps one that deals with schools.

The state is at this crossroads in part because business executives didn’t confront Abbott about the proposals with any gusto. They let his position evolve from public indifference to wanting a bill on his desk.

The governor, perhaps, found the arguments made by Lt. Gov. Dan Patrick and segments of the Republican Party base more persuasive than the faint objections of the business community. That’s extraordinary when you consider that Abbott’s robust campaign war chest includes money he got from influential donors who also oppose bathroom bills.

OK, he’s not the first person to bring this up, but still. Businesses have done an admirable job pushing back against this crap, but there’s a lot more they can do, and they don’t deserve full credit until they do it.

Special session starts today

It was a good summer before now, but all of that comes to an end today. In the best case scenario, the sunset bills get passed and nothing else happens. I don’t know what will happen, but at least the ongoing animosity between the House and the Senate gives the “nothing happens” scenario a chance. In the meantime, let us remember the reason, the real reason, why we are here. The Rev. Dr. Larry Bethune and The Rev. Stephanie Cooper call it what it is.

We are calling out the bullying behavior of Lt. Gov. Dan Patrick and his ally Gov. Greg Abbott towards the most vulnerable among us. While the percentage of students who identify as transgender is small, many school districts have found caring ways to support families as they encourage healthy development of these children.

In most ways, these children are no different from any other. They are kids who go to school, get involved in extra-curricular activities, make friends and have hopes and dreams like other kids. And just like all other kids at their school, they simply need to use a restroom.

But like schoolyard bullies, Patrick and Abbott have chosen to pick on these most vulnerable victims and pressured others into joining their cause. May we remind you: These bullies are picking on children.

We are especially offended they have used our Christian faith to defend their bullying behavior. Nothing could be further from the Christian spirit of welcoming the stranger, defending the vulnerable and following the Golden Rule.

As far back as 1990, the people of our church — and many others in Texas — welcomed transgender persons and their families as equals in the household of faith and beloved of God. The signs on our restrooms read “God created and welcomes us in all of our diversity. At University Baptist Church, all are welcome to use the restroom that best fits their gender identity.”

The bullying “bathroom bill” targets the vulnerable in the name of protecting the public from a problem that does not exist. Our transgender congregants are far more likely than the public to be the targets of verbal and physical assault, not to mention exclusion and discrimination. We are offended that Patrick and Abbott use this bill to demonize our friends by creating public fear based on lies to consolidate their power. Their bill places our transgender congregants and their families in deeper danger of discrimination, slander and even violence.

I couldn’t agree more. When I was a kid in Catholic school, we used to sing a song called “And they’ll know we are Christians by our love”. Do you think anyone knows Dan Patrick or Greg Abbot or Ken Paxton by their Christian love? Maybe there are some policy items in their record they can point to that could be described as “loving”, but they’re not the first things you think of with these guys. And no, I don’t believe it’s necessarily the role of government to be “loving”, but if your brand is Extra Strength Christian, then maybe you could be, I don’t know, just a little Christ-like in your behavior? Just a thought. Yes, as we well know, a bathroom bill would be a job killer and businesses universally hate it, but the reasons to oppose this effort are much more fundamental than that.

On a related note, I would be remiss if I did not mention this.

Texas Gov. Greg Abbott may have come to San Antonio on Friday to announce his intentions for a second term, but he also, unintentionally, gave one local activist the trolling opportunity of a lifetime.

After his speech Abbott stuck around to meet with supporters. Enter Ashley Smith.

Now, Smith is no supporter of Abbott, but she is someone who has a very vested interest in the outcome of one of Abbott’s pet pieces of legislation, the so called “bathroom bill.”

The longtime San Antonio resident and LGBTQ activist waited through the speech for an opportunity to meet Abbott.

It wasn’t so she could shout insults or spout off at the governor, it is because sometimes a picture is worth far more than words.

“I did not think it (shouting) would work, or that I would be heard and was more interested in the getting the photograph and not getting thrown out,” Smith said.

The picture she ended up taking was of a very happy looking governor next to a beautiful woman.

In large bright lettering in the photo, Smith captioned it with “#Bathroombuddy,” and identified the governor and herself as “Texas Governor Greg Abbott,” and “Ashley Smith Trans-Woman.”

She then posted the photo to her Facebook page where the humor and irony of it quickly caught on and took off.

Click over to see the picture, if you haven’t already. And just remember, Greg Abbott and Dan Patrick want people like Ashley Smith to be in the men’s room with them. The DMN has more.

News flash: Businesses still hate bathroom bills

IBM hates them.

As state lawmakers return to Austin for legislative overtime, tech giant IBM is stepping up its fight to defeat legislation it says would discriminate against children and harm its Texas recruiting efforts.

In an internal email sent Monday to thousands of employees around the world, IBM’s human resources chief outlined the New York-based company’s opposition to what the letter described as discriminatory proposals to regulate bathroom use for transgender Texans. IBM sent the letter to employees the same day it dispatched nearly 20 top executives to the Lone Star State to lobby lawmakers at the state Capitol. A day earlier, it took out full-page ads in major Texas newspapers underlining its opposition to legislation that Lt. Gov. Dan Patrick and a cadre of far-right lawmakers have deemed a top priority.

“Why Texas? And why now? On July 18th, the Texas legislature will start a thirty-day special session, where it is likely some will try to advance a discriminatory ‘bathroom bill’ similar to the one that passed in North Carolina last year,” wrote Diane Gherson, IBM’s senior vice president for human resources. “It is our goal to convince Texas elected officials to abandon these efforts.”

[…]

The email IBM sent to employees on Monday echoed concerns businesses voiced in their letter to Abbott earlier this year, saying the company — which has more than 10,000 employees in Texas — is focused on defeating the bathroom proposals because they’re detrimental to inclusive business practices and fly in the face of “deep-rooted” values against discrimination targeting LGBT people.

“A bathroom bill like the one in Texas sends a message that it is okay to discriminate against someone just for being who they are,” Gherson, the company’s HR chief, wrote.

As do other companies.

CEOs from 14 leading employers in the Dallas area, including AT&T, American Airlines and Texas Instruments, are taking a public stand against a “bathroom bill” that would discriminate against transgender people in Texas.

On Monday morning, they delivered a letter to Gov. Greg Abbott, Lt. Gov. Dan Patrick and House Speaker Joe Straus. A bathroom bill, the letter says, “would seriously hurt the state’s ability to attract new businesses, investment and jobs.”

“Our companies are competing every day to bring the best and brightest talent to Dallas,” the letter says. “To that end, we strongly support diversity and inclusion. This legislation threatens our ability to attract and retain the best talent in Texas, as well as the greatest sporting and cultural attractions in the world.”

The letter is signed by Randall Stephenson of AT&T, Doug Parker of American Airlines, Gary Kelly of Southwest Airlines, Kim Cocklin of Atmos Energy, Matthew Rose of BNSF Railway, Mark Rohr of Celanese, Harlan Crow of Crow Holdings, Sean Donohue of Dallas/Fort Worth Airport, Emmitt Smith of EJ Smith Enterprises, Fred Perpall of the Beck Group, David Seaton of Fluor, Thomas Falk of Kimberly-Clark, Trevor Fetter of Tenet Healthcare and Richard Templeton of Texas Instruments.

As the story notes, these efforts join other efforts by businesses to stop this thing. Such efforts have been met with an indifference bordering on hostility and contempt by Abbott and especially Patrick. I appreciate what all these companies and groups like TAB and the various chambers of commerce and visitors’ bureaus have done so far, which has been a tremendous help in keeping this awful legislation from reaching Abbott’s desk. But the big question remains what they will do after the special session gavels out, whatever the outcome of these efforts. I’ve had this question for a long time now. Between potty politics and the anti-immigration fervor of SB4, a lot of damage has already been done to our state’s reputation, and the men in charge keep wanting to do more. They’re not going to go away if they lose this session – they have the zealous will and a crap-ton of money powering them. Will these business interests, who have been getting so badly served by politicians they have generally supported, or at least tacitly accepted, in the past, put their money where their press conferences are and actively oppose Abbott and Patrick and their legislative enablers? Or will they bend over and take another lash from the paddle? One wonders at this point what they think they have to lose. The Chron has more.

This special session is going to be so much fun

So much repressed hostility

Starring Dan Patrick as Thelma, Greg Abbott as Eunice, and Joe Straus as Vint

Five days before the Texas Legislature is scheduled to open a special session, it is clear the relationship between the leaders of the House and Senate remains as strained as it was at the end of the regular session.

On Thursday, Lt. Gov. Dan Patrick used a press conference to blast fellow Republican and House Speaker Joe Straus, comparing his education funding proposals to a “Ponzi scheme,” accusing him of laying the groundwork for a state income tax, and complaining that Straus won’t even meet with him one-on-one to bridge their differences.

Those comments come almost exactly one month after Straus used a speech in San Antonio to demand the state’s school finance system be added to the special session call and took issue with the Senate’s focus on transgender bathroom issues. And earlier this year Straus had compared the Senate’s budget writing to Enron accounting methods.

Patrick said his news conference on Thursday was to roll out new education proposals, including a bonus system for teachers. But much of the focus of the first 10 minutes was on his counterpart in the House and his continued call to have public school finance added to the special session call.

Patrick said Straus’ was using education funding as “dangerous political stunt” and accused him of having no plan to pay for the billions of additional funding Straus has said the state should be committing to schools.

“Where does that money come from? The only way to do it is a state income tax,” Patrick told reporters.

Later Patrick was even more direct.

“I will not join the Speaker and lay the groundwork for a state income tax,” Patrick said.

[…]

“It’s encouraging to see the Lieutenant Governor’s newfound focus on school finance reform,” Straus responded in a prepared statement.

“Nothing could be more important in this special session than beginning to fix our school finance system so that we improve education, keep more local dollars in local schools, and provide real property tax relief, just as the House overwhelmingly approved in the regular session,” Straus said.

so little time.

“My position is very well known. And let me say this very clearly: I know how to govern without being an extremist,” Straus said. “I know how to govern, trying to bring people together to focus on issues that really matter to all Texans, and I think that’s where our focus ought to be in the special session. It’s where our focus should be in any regular session as well.”

The bathroom proposal would keep transgender people from using multi-occupancy restrooms of the gender with which they identify in government buildings, or at least in public schools.

Straus, along with advocates for transgender people and business groups, has voiced concern about the possible economic effect of boycotts because the bill is viewed as discriminatory. He also has expressed a worry that it could hurt transgender people.

“I see no good reason to promote a divisive bathroom bill when it does nothing but harm to the economy, and some very vulnerable people could be harmed,” Straus said.

[…]

Straus, who has been a thorn in the side of Abbott and Patrick on red-meat issues, said he considered it “actually encouraging” that Patrick was talking about school finance. Straus has said that issue is more worthy of attention than most of those on the special-session agenda.

On Friday, when Abbott was showcasing his record as he announced for re-election in San Antonio, Straus made his point about the need to focus on core issues by citing CNBC’s annual ranking of America’s Top States for Business. In it, Texas fell from No. 1 to No. 4. The No. 1 state was Washington. Its governor and both senators are Democrats.

“While No. 4 is not a terrible place to be, I don’t like the direction. And I think that our Texas political leadership ought to be focused on making Texas No. 1 and reverse that slide,” Straus said.

They’re putting the “special” in “special session”, that’s for sure. The Observer has more.

There is trouble with the trees

More to the point, there is trouble with the idea that municipal tree ordinances are somehow a bad thing, but that’s where we are, and it’s got some folks worried.

Never turn down an opportunity to reference a Rush song

More than 40,000 trees were lost to [Hurricane] Ike, according to the nonprofit Galveston Island Tree Conservancy. A replanting campaign that began in 2010 has made significant progress: Volunteers have spent more than 17,000 hours planting more than 16,000 trees, including 250 live oaks and 60 palm trees on Broadway.

Now this effort faces a new threat – not from nature, but from politicians in the state Capitol. Gov. Greg Abbott wants the Legislature to strip cities of the authority to regulate – and essentially protect – trees on private property. It’s one of 21 items the Republican governor has placed on the agenda for a special session that begins July 18.

This action would weaken tree-protection ordinances in more than 50 Texas cities.

Local leaders across the state oppose the idea, but the issue has particular resonance in Galveston because of Ike’s devastating effect on its tree canopy.

In the storm’s aftermath, trees became precious jewels. Homeowners agonized for months, hoping in vain that their treasured oak or magnolia would somehow recover, before accepting the inevitable. Every dead tree that was felled and hauled away left the island a little barer, its people a little more sorrowful.

“Everyone was just so devastated by the loss,” said Jackie Cole, president of the nonprofit Galveston Island Tree Conservancy.

To bolster the recovery effort, the City Council passed a tree-protection ordinance in 2015. The measure requires property owners to seek a permit before removing trees considered significant based on their size or other factors. Trees that are unhealthy, that pose a hazard or that meet certain other criteria may be removed without penalty; others may be cut down only if the owner replaces them with trees of a specified size or pays into a local tree fund.

See here for some background. I would point out that for all of Abbott’s tree-hatred, his little vendetta will still require the consent of the Legislature. I hope the people of Galveston have been directing their concerns to Sen. Larry Taylor and Reps. Wayne Faircloth and Greg Bonnen. If local control still means anything, it needs to mean something to them.

By the way, story author Mike Snyder has a sidebar piece about the effort to defend local tree ordinances, which is being led by Defend Texas Trees. Turns out that most of the municipal tree ordinances in the state aren’t about what homeowners can and cannot do but about what developers can and cannot do, with restrictions and incentives in place to preserve mature trees. In other words, Abbott’s intended ordinance isn’t just an attack on trees, it’s a boon for developers. I know, I’m as shocked as you are.