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Todd Hunter

Congressional map passes

And so the work is done. The lawyers are warming up their engines as we speak.

The Texas Legislature has signed off on new congressional districts that shore up the GOP’s dominance and yield little ground to the people of color who have driven the state’s growth.

Wrapping up their work to build a decade of population change into new political maps, the Senate and House on Monday each approved a negotiated, final version of the congressional map, which will go to Republican Gov. Greg Abbott for his signature. In complete control of the redistricting process, Republicans designed a map that will tighten their hold on diversifying parts of the state where the party’s grip on power was waning and lock in the GOP’s majority in the 38-seat delegation for the U.S. House.

The map also incorporates two additional House seats the state gained, the most of any state in this year’s reapportionment. Though Texas received those districts because of explosive population growth — 95% of it attributable to people of color — Republicans opted to give white voters effective control of both, which were drawn in the Houston and Austin areas.

The Senate approved the map on a 18-13 vote. The House followed with an 84-59 vote.

Previewing the legal battles that will follow, Democrats decried the lack of adequate representation for voters of color, shunning a map that diminishes their voices instead of reflecting the state’s changing racial and demographic makeup. Half of the 4 million residents the state gained in the past 10 years were Hispanic.

“What we’re doing in passing this congressional map is a disservice to the people of Texas. What we’re doing is hurtful to millions of Texans — it’s shameful,” state Rep. Rafael Anchía, the Dallas Democrat who chairs the Mexican American Legislative Caucus, told his colleagues before the vote. “I’d love to be able to say it is a stain on the legacy of voting rights, but that seems to be the playbook decade after decade after decade in this state.”

The Republicans who led the redistricting process offered little defense of the maps from the Senate and House floors before the final votes. They have previously said the congressional map was drafted based on a series of “priorities,” including partisanship and keeping communities of interest together. They’ve also argued the map complies with federal laws protecting voters of color from discrimination, though they have declined to offer specifics about their legal analysis.

[…]

Republicans placed a new district, the 37th Congressional District, in the Austin area to capture Democratic-leaning voters that were endangering the prospects of Republican incumbents in nearby districts. They also drew in a new district, the 38th Congressional District, that would offer Republicans safe territory in the Houston area. In both districts, white residents would make up more than 60% of eligible voters.

During the Senate’s first debate over the map earlier this month, state Sen. Joan Huffman, the Houston Republican who led the Senate’s redistricting process, told her colleagues her team had seen “no strong basis in evidence” to create a new opportunity district for voters of color.

Like I said, the lawyers are ready. You can see the map here. As the story notes, one significant change was to undo the scrambling of CDs 09, 18, and 29 that left Reps. Sheila Jackson Lee and Al Green living in different districts. They got what they asked for, and in the process they put most of my neighborhood, including myself, back into CD18. You should check and see where you wound up.

I don’t have much more to say about the maps at this time. I’ll keep a lookout for electoral data when it becomes readily available, and of course I’ll keep an eye on the inevitable litigation. In the meantime, the big question is are we finally done with all this crap?

Early Tuesday morning, both the House and Senate adjourned the third special session of the year, capping a grueling stretch that featured a weekslong Democratic walkout over the GOP’s priority elections bill and a series of proposals to build on what was already a triumphant regular session for conservatives.

But the latest special session ended without lawmakers passing two of Abbott’s priorities — legislation to increase an illegal voting penalty and to ban vaccine mandates by any entity in Texas.

In each of the previous three legislative sessions this year, Abbott was firm that he would keep calling lawmakers back to Austin until they addressed the legislation he required of them — most notably the GOP elections bill and changes to the bail system targeting violent offenders. He placed a bill targeting transgender student athletes on each of the three special session agendas, until it was finally passed in the most recent session.

On Monday night, as the chambers were nearing sine die, Abbott declined to say whether a fourth special session would be necessary. He also did not say anything Tuesday about the possibility, but he did issue a statement applauding lawmakers for their work in the third special session that suggested he was satisfied with what they had gotten done.

“These dynamic achievements would not have been possible without the men and women of the Texas House and Senate who worked tirelessly through the third Special Session to ensure these priorities made it across the finish line,” he said. “Because of their efforts, the future of Texas is stronger, safer, and freer.”

But the unfinished bills are fraught with intraparty politics, and could expose Abbott to attacks from his right, which he has been increasingly attuned to as he prepares for his 2022 reelection campaign.

Some lawmakers expect there to be a fourth special session, but not in the short term — and maybe closer to primary season.

May the Lord have mercy on us all. At least we know that the remaining items Abbott might want are more contentious among Republicans, and that may act as a brake on them. But man, do I never want to have to depend on Republicans doing the thing that I want them to do, because that trick never works. The Chron has more.

Down to the wire for Congressional redistricting

Time is running out in this session. Of course, there’s always the next session shudder.

A redraw of the state’s congressional map to include a decade of population growth could be headed to last-minute backdoor negotiations after the Texas House made a series of changes to the Senate’s proposed boundaries.

The House approved the congressional map on a 79-56 vote early Sunday, leaving in place district configurations that largely protect incumbents while denying Hispanics control of either of the two additional seats the state earned based on the 4 million new residents it gained, according to 2020 census results. Half of the new residents were Hispanic.

But the House late Saturday tweaked the Senate-approved map so that two Black Democratic members of Congress in the Houston area would not be pitted against each other. The chamber also amended the map to just barely restore the Hispanic-majority electorate of a Central Texas district stretching from Austin to San Antonio that the Senate plan had shrunk.

Early Sunday morning, the Senate rejected those changes and requested what’s known as a conference committee, made up of members of both chambers, to hash out the differences. That deal would require an additional vote by each chamber before this third special session ends Tuesday.

[…]

Throughout the evening, Democrats warned of “blatant legal defects” that undermine the electoral strength of voters of color in choosing their representatives in Washington, D.C. At times offering vague reasoning for their opposition, the House’s Republican majority repeatedly rejected their bids to rework the map and create additional districts in which voters of color could control elections.

A failed proposal to create such a district for Hispanics in western Dallas County grew particularly contentious as state Rep. Jacey Jetton, R-Richmond, spoke against the proposal, noting it would reduce the Hispanic population in a neighboring Democratic district.

In response, state Rep. Rafael Anchía, the Dallas Democrat who had offered the proposal, questioned why Republicans would object to the new district while signing off on a configuration that instead draws some of those Hispanics into a massive rural district with almost surgical precision.

Under the plan Republicans approved, the 6th Congressional District — which stretches across seven mostly white rural counties to the south of Dallas — extends a finger northward into Dallas County to capture Hispanic neighborhoods. That engineering simultaneously boosts white voters’ control of the district while stranding Hispanic voters who in the past were concentrated enough to influence election outcomes.

“You really have to try hard to deny Latinos in North Texas the ability to select that candidate of their choice, but that’s what’s baked in this plan,” Anchía said.

[…]

In reconfiguring the Austin-area districts, the Senate had brought the share of Hispanic eligible voters in the 35th Congressional District down from 52.6% to 48%. House Republicans voted to give Hispanic voters a marginal majority by bringing them up to 50.5% of eligible voters in the district, which is currently represented by longtime Democratic U.S. Rep. Lloyd Doggett.

In that same amendment, Republicans also upped the percentage of Hispanic eligible voters to exactly 50% in CD-27, a district that runs from the Gulf Coast up to Central Texas. But the seat would likely remain under Republican control, giving Donald Trump a hypothetical 20.5-percentage-point margin of victory at 2020 levels of support. The district is currently represented by Republican Michael Cloud of Victoria.

Democrats voted against those changes because they also served to further boost Republican performance in neighboring CD-15, which is anchored in Hidalgo County. The Senate reconfigured that district to flip it from one that Joe Biden narrowly carried to one that Trump would’ve won by 2.6 percentage points. Under the House’s changes, Trump’s margin of victory increases to 4.6 percentage points.

The CD-15 incumbent, U.S. Rep. Vicente Gonzalez, D-McAllen, has said he would move to run for reelection in the reconfigured CD-34, which was unexpectedly close in 2020 but was shored up as a safe Democratic seat. But it appears he will be able to stay put, thanks to a Democratic amendment passed Saturday that would draw his residence into CD-34.

Save for exceptions like CD-15, the GOP appeared to prioritize incumbent protection over aggressively running up the party’s numbers in the congressional delegation. But the map does in fact give Republicans a bigger edge, increasing from 22 to 25 the number of districts that would have voted for Donald Trump in 2020. The state’s current delegation consists of 23 Republicans and 13 Democrats.

See here and here for the background. I expect that the conference committee will produce a final map that will get approved in time, which would at least have the benefit of lessening the need for yet another special session. That’s all up to Greg Abbott of course, and if there’s some other dumbass wingnut thing he wants to do to fake looking tough for Republican primary voters, he can do it. Having Congressional maps in place would mean he doesn’t have to, for whatever that’s worth. This map is trash, but we know the courts will rubber stamp it, so the Republicans have no need to care. Pass it and get out of town, it’s the best we can hope for.

The Lege is now 3/4 done with redistricting

All but the Congressional maps are done. They’re just plowing through it.

The Texas Legislature is nearing the end of its work to incorporate a decade’s worth of population growth into new political maps — pressing forward with efforts to cement GOP dominance of the statehouse and deny voters of color a greater say in who gets elected.

In the final stretch of a 30-day special legislative session, the Republican majorities in the House and Senate on Friday almost simultaneously signed off on new political maps for the opposite chamber, sending them to Gov. Greg Abbott, also a Republican, for his signature. The votes were largely procedural as neither chamber made any changes. It’s customary for each chamber to defer to the other in drawing up maps for its own members, but both must give them a vote.

By a vote of 81-60, the House granted approval to a Senate map that would draw safe seats for Republican incumbents who were facing competitive races as their districts diversified over the last 10 years.

The Senate gave an 18-13 vote to a House map that would fortify the Republican majority of the 150 districts, bolstering those that had grown competitive over the last decade and devising new battleground districts.

The House also signed off on a new map for the Republican-controlled State Board of Education, which sets standards for Texas public schools. Still left on the docket is a House vote on a redraw of the state’s congressional map that would largely protect incumbents in Congress while reducing the number of districts in which Black and Hispanic residents make up the majority of eligible voters. That vote is expected Saturday.

If adopted, the maps could remain in place for the next 10 years, though it’s all but certain that they will face legal challenges that could result in changes.

[…]

Sixteen Republican incumbents will be drawn into safe districts for reelection, while two Senate seats being vacated by Republicans would almost certainly go to new GOP candidates over Democrats next year based on the percentage of voters in the district who voted for Donald Trump over Joe Biden in last year’s presidential race.

Democrats would also likely lose Senate District 10 in North Texas, represented by Sen. Beverly Powell of Fort Worth. That would shift the Senate’s partisan makeup from the current 18 Republicans and 13 Democrats to 19 Republicans and 12 Democrats under the proposed map.

Voters of color in the district, which sits entirely in Tarrant County, have banded together with white voters over the last decade to elect their candidates of choice. Its eligible voters are 21% Black, 20% Hispanic and 54% white.

But under the proposed map, SD 10’s Black and Hispanic populations are split into two other districts with majority-white electorates.

The voters who remain in the newly drawn District 10 would also see major changes. Black and Hispanic voters in urban areas of south Fort Worth would be lumped in with seven rural counties to the south and west that would drive up the district’s population of white eligible voters to 62% while diminishing its population of voters of color.

Tarrant County House Democrats warned that federal courts had ruled that a similar attempt to redraw the district last decade was discriminatory. They offered multiple amendments to keep District 10 entirely in the county.

[…]

The House’s new map also pulls back on Hispanic and Black voters’ potential influence in electing their representatives.

The map brings the number of districts in which Hispanics make up the majority of eligible voters down from 33 to 30. The number of districts with Black residents as the majority of eligible voters would go from seven to six. Meanwhile, the number of districts with a white majority among eligible voters would increase from 83 to 89.

The map moved through the Senate chamber without any discussion, save for an earlier objection from state Sen. Eddie Lucio Jr., a Democrat from the Rio Grande Valley, during a Senate Redistricting Committee meeting Friday morning.

Lucio denounced a revision to the map that would carve up predominantly Hispanic communities in the Rio Grande Valley in service of creating a new competitive House district in the typically blue region. The change, forced by a member who does not represent the affected districts, blindsided the House members from the area.

“Members, this is my fourth redistricting session,” Lucio told other members of the committee. “In my time in the Legislature, I have never seen such blatant disregard for the process.”

Meanwhile, Republicans shot down Democratic proposals to create new opportunities for Hispanic or Black Texans to control elections.

State Rep. Todd Hunter, the Corpus Christi Republican serving as the House’s chief map-drawer, has previously argued the map “achieves fair representation for the citizens of Texas” while complying with federal law.

The redraw will ultimately aid Republicans’ ability to control the chamber for years to come.

The House map creates 85 districts that would have favored Trump at 2020 levels of support and 65 that would have voted for Biden. The current partisan breakdown of the House is 83 Republicans and 67 Democrats, though Trump only won 76 of the current districts in 2020.

See here and here for some background. The speed with which these maps have been approved is I believe one part there being basically no changes proposed in the other chamber, and one part a sense of urgency on the legislators’ part to get the hell out of town already. I can hardly blame them for that, but in the end it’s up to Greg Abbott.

On the subject of litigation over these maps, on claims of racial discrimination and voting rights violations, I remain pessimistic about the likelihood of any redress from the courts. Not because I think the maps are fair and accurately reflect the population, but because I have no expectation that this Supreme Court will countenance any voting rights claims. We could still do something about that at a federal level, but until Senators Manchin and Sinema let go of their bizarre obsession with the filibuster as it is currently defined, that ain’t going anywhere.

That said, I am reasonably optimistic about the potential for gains in the State House, if not in 2022 then in the coming years. The Chron story on the passage of these maps is a reminder of why.

The new Texas House map will protect Republican control by shedding Democratic-leaning areas where the party has lost support and moving those to blue districts while shoring up red ones.

That give-and-take is evident in west Harris County where two red districts, represented by Republican state Reps. Mike Schofield of Katy and Lacey Hull of Houston, are redrawn to include red-leaning precincts from Democratic state Rep. Jon Rosenthal’s nearby district; Rosenthal’s district will get blue-leaning areas now represented by the two Republicans.

As the state’s demographics change, however, there are only so many reliably red areas from which to pull. That meant for some districts, the best Republicans could do was make changes to benefit incumbents.

For example, the Energy Corridor district represented by state Rep. Jim Murphy, a Republican who is not seeking re-election, would give up some GOP precincts to Hull. Former President Donald Trump won Murphy’s district by 4 percentage points in 2020, but under the new map, that margin would drop to 2 points.

You’ve seen me make a version of this argument in previous posts. In the House, unlike the other maps, the Republicans were constrained by the county rule, which did not allow them to extend mostly rural districts into urban and suburban counties to dilute their Democratic communities. That forced them to draw a large number of districts with a relatively modest margin for Donald Trump, and the large majority of them are in counties where the trends have been moving strongly in a Democratic direction. Things can certainly change, and any given election can favor one party or the other, but overall that seems like a highly unstable equilibrium for the GOP.

The fourth map is of course the Congressional map. The Senate approved a map a few days ago, and the House committee approved it with no changes, as House Redistricting Chair Todd Hunter insisted that any amendments be made on the House floor. That puts them in position to be done with the entire business by the time the session ends, though I expect there to be a big fight when this map comes up for debate. The proposed map does some truly outlandish things to break up urban counties and communities of color, which I’m sure will draw a ton of heat and more threats of litigation from Dems. I expect them to get the job done, though if there are changes it will have to go back to the Senate for final approval. If it needs to go to a conference committee, that will almost surely require a fourth special session to finish it off. God help us all. Daily Kos has more.

House approves its map

We’re getting close to the finish line.

Donuts – they’re not just for breakfast anymore

The Texas House on Wednesday approved proposed political boundaries for the lower chamber’s 150 districts that aim to fortify Republicans’ strength in the state House for the next decade.

House Bill 1, authored by state Rep. Todd Hunter, a Corpus Christi Republican who chairs the lower chamber’s redistricting committee, will now head to the Senate for consideration.

The House’s 83-63 vote comes as the Legislature rounds out its third special session of the year, an up to 30-day stretch ordered by Gov. Greg Abbott that has focused on redrawing the state’s congressionalSenate, House and State Board of Education maps based on the latest census data. Those numbers, which were delayed largely because of the pandemic, showed that people of color fueled 95% of the state’s population growth over the past decade.

Despite those growth trends, the number of districts in which white people make up the majority of eligible voters ​would increase from 83 to 89 in the new map. Meanwhile, the number of districts with a Hispanic majority among eligible voters would drop from 33 to 30, while the number of districts with Black residents as the majority of eligible voters would go from seven to six. Those numbers are based on census estimates of the number of citizens in each district who are of the voting age.

The new map includes 85 districts that would have voted for Donald Trump in the 2020 presidential election and 65 that would have voted for Joe Biden. That’s one less Trump district than was originally proposed in the House late last month. The current partisan breakdown of the House is 83 Republicans and 67 Democrats, though Trump only won 76 of the current House districts in 2020.

The special session is slated to end Oct. 19, which means lawmakers have a week left to hash out differences over those maps and other items included on the agenda set by Abbott.

See here for the background, and here for the map. This Trib story goes in deeper about that weird donut job in Bell County. At this point, the Lege might actually finish off their business in time to prevent the need for a third session, given that all they need to do is approve the other chambers’ maps. I would think that the SBOE and legislative maps would likely be easy enough for them, but maybe the Congressional map might get worked over in the House. Map drawing is a time honored way for ambitious legislators to find themselves a Congressional district to run in, after all. Or maybe they’re all sick of being in Austin and don’t have any desire to quarrel over small changes that favor one person over another. I thought it would take them longer to get this far, so who knows.

I mentioned before that the Heights was largely reunited under this new plan, all in HD145. There’s still a split in the Senate, with most of the Heights in SD15 but the eastern end in SD06. The main way that this reunification could occur was by radically moving HD148.

State Rep. Penny Morales Shaw, D-Houston, also opposed changes to her new district that she said leaves her with just a third of her current constituency.

Under the proposed map, Morales Shaw’s district would be shifted completely outside Loop 610, losing the Heights and Near Northside, most of which would be moved into state Rep. Christina Morales’ district. Morales Shaw’s District 148 would be expanded past Beltway 8 into northwest Harris County, taking in parts of Jersey Village and nearby suburbs, while cutting into area now represented by at least five other members.

The district’s Hispanic citizen voting-age population would decrease from 46 percent to 37 percent, and Morales Shaw said the residents that would be moved to other districts are from high-turnout communities.

“Chairman, from your knowledge, would you agree this dismantling and remaking of 148 is one of the most egregious examples that you’ve seen of retrogression in the Texas redistricting map?” Morales Shaw asked [State Rep. Rafael] Anchía during a round of questioning that seemed aimed at creating a record for a future lawsuit.

Anchía said District 148 is protected under Section II of the Voting Rights Act, which prevents discrimination against minorities during the political mapmaking process, “and to dismantle a protected district like that is one of the more problematic data points in the underlying map.”

Zoom in on that map and see for yourself. You know I’m pessimistic about any prospects for litigation, but that doesn’t mean we shouldn’t try.

UPDATE: Reform Austin has some more details about the latest map.

House committee advances revised map

More changes sure to come.

Donuts – they’re not just for breakfast anymore

A Texas House committee on Tuesday voted out a revised draft to redraw the lower chamber’s districts, which will give Republicans stronger positioning in the House of the Legislature for the next decade. The committee vote puts the proposal on track to hit the House floor for debate in the coming days.

House Bill 1 by state Rep. Todd Hunter, the Corpus Christi Republican who chairs the House Redistricting Committee, was changed by lawmakers on the committee during a marathon 16-hour hearing that began Monday morning before it was approved Tuesday along a party line vote.

The hearing, which featured hours of public testimony on the proposal and pushback from Democrats that the draft dilutes voting strength of voters of color, lasted into early Tuesday morning before Hunter recessed the committee until that afternoon. The move, he said, would help give committee members time to review changes before they voted on it.

[…]

The revised HB 1 does not vary drastically from the initial version Hunter filed last week — the draft still aims to increase the GOP’s strength across the state as well as the number of districts in which white residents make up a majority of eligible voters. The latest draft changes the partisan breakdown between the chamber’s 150 districts by adding one district that would lean toward Democrats while still giving Republicans the clear advantage.

Among the changes made to HB 1 ahead of Tuesday’s vote was an amendment by state Rep. Craig Goldman, R-Fort Worth, that redraws Collin County. The change includes turning House District 70 — currently held by state Rep. Scott Sanford, a McKinney Republican who is not seeking reelection — into a Democratic-leaning district.

Another amendment by state Rep. Jacey Jetton, R-Richmond, reconfigures Bell County, which Democrats on the committee argued would split up the Black population in the city of Killeen, where Black residents make up 40% of the population.

[…]

One of the more tense moments during Monday’s hearing came early Tuesday morning when an amendment that would have changed House districts in three counties along the Texas-Mexico border failed along a party line vote. State Rep. Ryan Guillen, a Rio Grande City Democrat who authored the amendment, said that the tweak had been approved by the delegation from the Valley area and would not have impacted other districts. Still, some Republicans on the committee objected to the proposed change.

Another amendment, by state Rep. Rafael Anchía, D-Dallas, would have increased the number of majority Hispanic districts compared to Hunter’s proposal. It also failed along a party line vote.

Anchía said he filed it to “literally [demonstrate] just how far the proposed map fails to allow Latino representation of communities of interest in this state,” adding that his amendment would have achieved “a more representative map across the board, regardless of incumbency.”

As the hearing kicked off Monday, Hunter pushed back against reports that the House proposal reduced the number of majority Black and Hispanic districts based on eligible voters.

See here for the background. I couldn’t find an image that someone else had posted of the new map, so just look at it here, and the full data set here. I don’t have much else to offer on this for now, so let me once again quote Scott Braddock:

Sure says a lot.

The proposed State House map is out

The last of the bunch.

Texas House members on Thursday released the first proposal for a new map redrawing the chamber’s 150-member districts. The initial draft would both increase Republicans’ strength across the state and the number of districts in which white residents make up a majority of eligible voters.

House Bill 1, authored by Corpus Christi Rep. Todd Hunter, the GOP chair of the House Redistricting Committee, is just the first draft, and it will likely change as it makes its way through the legislative process before it’s signed into law by Gov. Greg Abbott.

The Texas Legislature is in the midst of its third special session. This one is dedicated to redrawing political maps based on the latest census data that showed people of color fueled 95% of Texas’ population growth over the past decade. The percent of Hispanics is now nearly equal to white people in Texas.

But, the new map creates fewer districts where Black and Hispanic people make up a majority of eligible voters. Black and Hispanic Texans make up two racial groups that along with Asian Texans outpaced the growth of white residents in the state over the last decade.

Currently 83 of the chamber’s 150 districts are areas in which white residents make up a majority of eligible voters; 33 are districts where Hispanic voters make up the majority, while Black residents are the majority of eligible voters in seven districts.

Under the new proposal, the map adds six more districts where white residents make up the majority of eligible voters while the number of Hispanic and Black districts would each drop by three.

The proposed map would also change the partisan breakdown among the 150 districts, tilting the scale toward Republicans.

Currently, there are 76 districts that went to former President Donald Trump during the 2020 general election while 74 went to President Joe Biden. Among those, 50 districts voted 60% or more for Trump, — indicating the district is safely Republican — while 40 districts had more than 60% support for Biden — indicating strong Democratic support. Under the proposed new map, 86 districts would have gone for Trump, while 64 would have went for Biden. The number of districts that voted 60% or more for Trump or Biden would be tied at 46.

All the data for this plan is here, and the current State House map is here. I wrote about the other maps here: SBOE, State Senate (updated), Congress. For a good initial look at the partisan breakdowns and who is getting paired with whom, see Patrick Svitek and Derek Ryan. Note that Ryan uses a different formula to calculate the partisan strength of a district; by hit metric, Dems would be favored in 65, not 64 of them.

Couple of thoughts and observations:

– Harris County remains with 24 districts, not 25 as it had in 2001-2011. El Paso goes from having five full districts to four full districts plus a piece of HD74. Fort Bend gains a district, Travis gains a piece of the very Republican HD19; that district number used to be in east Texas, held by Rep. James White who is going for a promotion, and is now split into multiple other districts. Denton goes from four full districts to four plus a partial, while Collin goes from four plus a partial to five plus a partial; HD57 moves from east Texas to Denton, HD60 moves from west-ish Texas to Collin. HD76 moves from El Paso to Fort Bend.

– Rep. Erin Zwiener, whose HD45 had been Hays plus Blanco counties, is now shown in the very Republican HD73, which is Comal plus a piece of Hays; the new HD45, shown as having no incumbent at this time, is the rest of Hays. It’s also pretty Democratic, and I’d guess Rep. Zwiener will be househunting soon, if there are no changes to this piece of the map.

– Rep. Ryan Guillen’s HD31 was already the most Trumpy Dem-held district, and it’s the most Republican district held by a Dem, followed by Rep. James Talarico’s HD52. There’s one Republican-held district that now shows as clearly blue, and that’s Rep. Jeff Cason’s HD92 in Tarrant County. Not sure what he did to anger the redistricting gods.

– On a personal note, the Heights has been reunited in one district, HD145, after a decade of being split between HDs 145 and 148. I need to check this for the Senate map as well, to see if the SD06/SD15 dichotomy is still there.

– I’m sure there will be changes to this map, and as the story notes there are some unhappy Republicans; it’s nearly impossible to satisfy everyone, and the needs of the many etc etc etc. For what it’s worth, using Derek Ryan’s metrics, there are 18 districts where the Republican vote is between 40 and 50 percent, and 31 districts with the Republican vote between 50 and 60 percent. Nearly all of the latter are in the places that have been trending Democratic – Harris, Dallas, Bexar, Collin, Denton, etc. A few of the former include South Texas districts that went the other way in 2020, but most of the rest are like the first group. I’ve said many times that the Republicans had to decide what their risk appetite was, and they have. If the current trends don’t at least slow down for them, this could really blow up on them.

I’m sure they’re aware of that, and they have a plan, or at least a hope, to hold on to enough of what they have to stave off disaster. All of this is without addressing the obvious racial inequities in the map, of which I’m sure we’ll hear plenty as the lawsuits begin to get filed. It’s never boring at this time of the decade, that’s for sure.

House adopts its rules

Here you go.

Rep. Todd Hunter

The Texas House unanimously adopted rules Thursday that will require members to wear masks in the chamber and during committee hearings and allow them to cast votes on legislation from outside the House floor.

But the chamber opted to not require testing for lawmakers as they meet during the coronavirus pandemic and did not expand its virtual testimony options to allow members of the public who have not been invited to testify to comment at committee hearings remotely.

“We’re new to this pandemic, and the whole point about these rules — the key is respect, the key is courtesy,” said state Rep. Todd Hunter, R-Corpus Christi, while introducing the rules proposal earlier Thursday. “What’s the rules? It’s 150 people, that’s what the rules are.”

The coronavirus requirements were part of a broad resolution setting rules for the House during the Legislature’s 2021 session. Members debated amendments on the resolution for hours. In addition to voting on health protocols, the chamber overwhelmingly shot down proposals that would have kept Democrats from serving as committee chairs in the Republican-controlled House.

House members, staff and the public will be required to wear face masks while inside the chamber or a committee hearing room, though witnesses and lawmakers may remove them while speaking from a microphone. Members may also remove masks during a committee hearing if protected by a barrier and socially distanced from others.

The House’s decision to not require testing for people entering the chamber or attending a committee hearing differs from protocols the Senate passed Wednesday. Every senator will be required to test negative for the virus before entering the upper chamber or attending a committee hearing. Senate staff must be tested the first day of the week they enter the Capitol and before accessing a hearing or the chamber.

Addressing the House’s testing approach, Hunter told members that the chamber could not mandate testing until it’s “available in our courthouses and … schoolhouses,” saying it “would be wrong” for members to prioritize their health and safety above others.

“That is the people’s House,” said Hunter, one of the House members spearheading the rules proposal. “And for us to prioritize our own health and safety above others would be wrong.”

The House rules also authorized members to cast votes for legislation “from a secure portable device” if they are inside the chamber, in the gallery, or “in an adjacent room or hallway on the same level as the House floor or gallery,” such as the speaker’s committee room or member lounge. That expansion could help space out the chamber’s 150 members should a lawmaker wish to do so.

See here for some background. The rules are codified in HR4, and you can see a long Twitter thread about the housekeeping rules that were the preliminaries for all this here; note that some of the proposed amendments were later withdrawn. One of the two House members who got up to some mischief but was roundly rejected by the rest of the chamber. I mean, when Briscoe Cain is speaking eloquently for tradition and bipartisanship, you know you’ve gone off the rails somewhere.

Of interest is also the rules relating to redistricting:

Suit up, y’all. It’s on.

30 Day 2020 campaign finance reports: State races, part 3

Moving on to the 30-day campaign finance reports for the hot State Rep races outside the Houston area. As noted, a lot of candidates have been reporting big hauls, as has the HDCC, the fundraising committee for State House Democrats. As you know, I have split these into four parts. Part one, with statewide, SBOE, and State Senate, is here. Part two, with State House races from the Houston area, is here. Part three is this post, and part four will be for Democratic incumbents that may be targeted. I’m not going to be doing every race of course, just the ones of interest. I did not do the January reports for these races as there were just too damn many of them, but the July reports for these candidates are here.

Janet Dudding, HD14
John Raney, HD14

Eric Holguin, HD32
Todd Hunter, HD32

Keke Williams, HD54
Brad Buckley, HD54

Angela Brewer, HD64
Lynn Stucky, HD64

Sharon Hirsch, HD66
Matt Shaheen, HD66

Lorenzo Sanchez, HD67
Jeff Leach, HD67

John Gibson, HD84
John Frullo, HD84

Ray Ash, HD89
Candy Noble, HD89

Jeff Whitfield, HD92
Jeff Cason, HD92

Lydia Bean, HD93
Matt Krause, HD93

Alisa Simmons, HD94
Tony Tinderholt, HD94

Joe Drago, HD96
David Cook, HD96

Elizabeth Beck, HD97
Craig Goldman, HD97

Jennifer Skidonenko, HD106
Jared Patterson, HD106

Joanna Cattanach, HD108
Morgan Meyer, HD108

Brandy Chambers, HD112
Angie Chen Button, HD112

Celina Montoya, HD121
Steve Allison, HD121


Dist  Candidate        Raised     Spent       Loan     On Hand
==============================================================
HD14   Dudding         42,842    32,648        782      26,806
HD14   Raney           97,966    54,748          0     151,707

HD32   Holguin         55,568    41,276          0      14,292
HD32   Hunter         121,555   367,428          0   1,889,407

HD54   Williams       336,235   132,484          0     164,094
HD54   Buckley        435,989    20,313     30,300     303,905

HD64   Brewer         361,767    46,208          0     274,953
HD64   Stucky         323,609    79,398          0     255,623

HD66   Hirsch         419,159   150,523          0     324,489
HD66   Shaheen        253,546    41,857    122,000     302,131

HD67   Sanchez        692,854   206,865          0     233,734
HD67   Leach          531,541   111,167          0     485,813

HD84   Gibson          12,339     8,486          0       8,419
HD84   Frullo          34,525    11,045          0     352,123

HD89   Ash              4,763     3,112     10,419       1,375
HD89   Noble           41,690     9,648    130,000     151,748

HD92   Whitfield      362,947   222,294     19,700     236,445
HD92   Cason          219,158   241,377      5,000       1,305

HD93   Bean           219,347    63,322          0     198,808
HD93   Krause         194,110   244,470          0     516,077

HD94   Simmons        184,169   103,134          0      76,662
HD94   Tinderholt     304,348   251,650          0      48,878

HD96   Drago          321,421   146,177          0     201,787
HD96   Cook           409,945   100,664          0     370,913

HD97   Beck           501,011   280,456          0     263,172
HD97   Goldman        196,361   424,645          0     636,186

HD106  Skidonenko      53,210    50,246      1,635      15,862
HD106  Patterson       47,529    23,342          0     118,921

HD108  Cattanach      463,416   174,579          0     334,465
HD108  Meyer          565,760   183,019          0     647,878

HD112  Chambers       533,343   319,804          0     216,982
HD112  Button         512,117    83,976          0     953,840

HD121  Montoya        442,962   120,219          0     325,985
HD121  Allison        494,527   123,631    235,000     222,336

The difference between the races that are being seriously contested as a part of the State House takeover effort and those than are not is pretty clear. I would have liked to see more of an investment in Janet Dudding and Eric Holguin and Jennifer Skidonenko, but that’s not the direction that was taken. I admit they’re longer shots than the others, and they’ve done all right by themselves. We’ll see if we look at any of them as missed opportunities. As for John Gibson and Ray Ash, I’m probably the only person outside their immediate circle that has tracked them this closely. I see those districts, or at least those parts of the state, as future opportunities. May as well place the marker now.

As noted before, there’s a lot of in kind contributions on these reports, which tend to be campaign activity financed by the respective parties’ legislative PACs, Associated Republicans of Texas and the House Democratic Campaign Committee (HDCC). In some cases, like with Brad Buckley in HD54, this activity is most if not all of what is happening. One presumes Buckley would have spent more than $20K on his own re-election if that hadn’t been covered by the ART. You really have to look at the individual reports to get a feel for who’s being bolstered the most and who’s mostly pulling their own weight.

On that latter point, some of the decisions that I presume the committees are making are fascinating. Craig Goldman and Matt Krause were both sitting on a bunch of cash in July, so it makes sense that they were mostly doing their own spending. Morgan Meyer and Angie Chen Button were also loaded as of July, and yet both had over $200K spent on them. Maybe that represents a desire to keep at least one Republican State Rep in Dallas County, I don’t know. Like I said, these decisions are fascinating, and as someone viewing them from the outside, all I can do is speculate.

On the other side of that coin, Tony Tinderholt (running for re-election) and Jeff Cason (defending an open seat) had to spend themselves down to paltry levels, for reasons not fully clear to me. I get that even for state Republicans, the money isn’t infinite, but you’d think that you wouldn’t want to leave guys like that so exposed as we’re getting down to the wire. I’m open to suggestions as to what’s up with that.

Kudos to Lorenzo Sanchez, Elizabeth Beck, and Brandy Chambers for really hitting it out of the park, with Celina Montoya, Joanna Cattanach, and Sharon Hirsch right behind them. All of the Dem challengers are at least within parity of the Republicans, and that’s about all you can ask.

I don’t know how seriously to take this, but there was some polling of competitive districts, reported by Reform Austin, which includes a number of these candidates. Make of it as you will.

One more of these to come, looking at the targeted Dem legislators. I’ll have the Congressional finance reports next week. Let me know what you think.

July 2020 campaign finance reports: State races, part 3

Here I continue with a look at the State Rep races outside the Houston area where Dems are competing to flip seats. I did not look at the districts the Dems are defending, but I may return to that at a later date. Part One of my look at the July reports for state races is here, and Part 2 (the Houston-area State Rep districts) is here.

Janet Dudding, HD14
John Raney, HD14

Eric Holguin, HD32
Todd Hunter, HD32

Keke Williams, HD54
Brad Buckley, HD54

Angela Brewer, HD64
Lynn Stucky, HD64

Sharon Hirsch, HD66
Matt Shaheen, HD66

Lorenzo Sanchez, HD67
Jeff Leach, HD67

John Gibson, HD84
John Frullo, HD84

Ray Ash, HD89
Candy Noble, HD89

Jeff Whitfield, HD92
Jeff Cason, HD92

Lydia Bean, HD93
Matt Krause, HD93

Alisa Simmons, HD94
Tony Tinderholt, HD94

Joe Drago, HD96
David Cook, HD96

Elizabeth Beck, HD97
Craig Goldman, HD97

Jennifer Skidonenko, HD106
Jared Patterson, HD106

Joanna Cattanach, HD108
Morgan Meyer, HD108

Brandy Chambers, HD112
Angie Chen Button, HD112

Celina Montoya, HD121
Steve Allison, HD121


Dist  Candidate        Raised     Spent       Loan     On Hand
==============================================================
HD14   Dudding         30,064     5,975        782      24,482
HD14   Raney           40,550    13,736          0     123,179

HD32   Holguin         51,216    26,981          0      18,942
HD32   Hunter          43,750   293,821          0   2,125,012

HD54   Williams        66,107    16,840          0      26,165
HD54   Buckley         33,045    30,313     30,300      77,729

HD64   Brewer          55,651    14,009          0      40,548
HD64   Stucky          66,575    42,411          0     199,065

HD66   Hirsch         218,639    27,130          0     171,691
HD66   Shaheen         45,965    48,563    122,000     204,862

HD67   Sanchez         71,556    52,034     28,610       3,008
HD67   Leach          141,823   137,712          0     412,306

HD84   Gibson           4,310     2,738          0       4,533
HD84   Frullo          16,500    40,925          0     331,505

HD89   Ash                790       137     10,376         411
HD89   Noble           17,720     5,260    130,000     116,812

HD92   Whitfield      201,313    73,782     19,700     187,824
HD92   Cason           81,255    65,061      5,000      50,591

HD93   Bean           118,475    57,827          0     107,277
HD93   Krause         127,704    41,027          0     589,727

HD94   Simmons         62,265    28,203      1,090      38,466
HD94   Tinderholt      15,850    25,503          0      71,180

HD96   Drago          132,090    21,992          0     109,105
HD96   Cook            54,550    84,214          0     288,908

HD97   Beck           163,004    44,177          0     162,996
HD97   Goldman        292,777    85,870          0     866,662

HD106  Skidonenko      51,268    21,076      5,000      31,675
HD106  Patterson       79,575   125,850          0      91,055

HD108  Cattanach      181,290    65,495          0     122,179
HD108  Meyer          247,710   107,924          0     517,790

HD112  Chambers       168,585    61,104          0     157,394
HD112  Button          77,555    76,281          0     756,758

HD121  Montoya         90,861    13,313          0      61,233
HD121  Allison         73,190    94,274    235,000     113,077

As before, remember that those who were unopposed in March are reporting for the entire six month period of January 1 through June 30, those who won a contested March primary are reporting from February 23 through June 30, and those who had to win a primary runoff are reporting from February 23 through July 6. Check the individual reports if you’re not sure, and bear in mind that the presence or absence of a competitive race in this timeframe may have an effect on the numbers here.

While we saw a couple of Houston-area challengers raising serous money, we see quite a few more here. Several of them – Sharon Hirsch, Lydia Bean, Joanna Cattanach, Brandy Chambers, and Celina Montoya – are all repeat candidates, with Hirsch (who lost 50.3 to 49.7), Cattanach (50.1 to 49.9) and Chambers (51.0 to 49.0) being among the closest losses from 2018. The cash-on-hand situation is against them, though less so for Hirsch and Montoya than the others, but they will all have the resources they will need to compete. Overall, you really have to hand it to the Metroplex contenders, in Dallas and Tarrant and Collin and Denton, who really showed up in the first half of this year. If we do take back the House, this is where the bulk of it will happen.

We talked about the incumbency advantage in the last post, and wow does that vary from incumbent to incumbent. You have Todd Hunter, in a class by himself, with more typical results from the likes of Craig Goldman, Angie Chen Button, Morgan Meyer, Matt Krause, and Jeff Leach. Jared Patterson and Brad Buckley are first-termers, so you can cut them some slack; Candy Noble and Steve Allison are also first-termers, who have perhaps been a bit more diligent about the homework. Jeff Cason is defending an open seat. David Cook, also defending an open seat, is the honor roll recipient among the non-incumbent Republicans. These folks are all within the range of what one might expect, though I’d also expect Cason to step it up a notch if I were on that team.

And then there are the incumbents that make you go “Hmmm”. John Raney isn’t used to having competitive elections, but he’s been in the House since a 2011 special election, and you’d think he’d have a few bucks lying around just because. Tony Tinderholt has been targeted in November before, and as such his $15K raised in the period is just baffling. (Yes, I know, he is recovering from coronavirus, but as far as I can tell that was all in July, after this reporting period.) Now I feel like I really do need to check the targeted Dem incumbents, just to see if there are any equivalents to these guys in there.

As before, I suspect the 30-day reports will tell a much more revealing story. If you think there’s anything I’ve missed, let me know.

We still need that equality bill in the Lege

That SCOTUS ruling was huge, but there’s still a lot of work to be done.

LGBTQ Texans marked a major victory Monday when the U.S. Supreme Court ruled that federal civil rights law prevents employment discrimination on the basis of sexual orientation or gender identity. But in Texas, which did not have such workplace safeguards, LGBTQ lawmakers and advocates say they are far from done fighting for other essential protections.

Employment discrimination protections, they say, are necessary but not sufficient for advancing the equal treatment of LGBTQ Texans. Thanks to Monday’s ruling, Texans can no longer be fired for their sexual orientation or gender identity, but there is no state law explicitly preventing landlords from refusing to rent homes to LGBTQ Texans, for example.

Members of the Texas House LGBTQ Caucus are setting their sights on a comprehensive set of nondiscrimination protections that would codify the employment protections in state law, as well as guarantee LGBTQ Texans equal access to housing, health care and other public accomodations.

It will not be an easy bill to pass.

[…]

“We can’t look at this as being a partisan or political issue — it’s a human issue,” said Democratic state Rep. Jessica González, vice chair of the LGBTQ Caucus. “And in order to create a change in mind, you need to create a change in heart.”

González announced in May that she would spearhead the fight for a comprehensive nondiscrimination bill during the next regular legislative session in 2021 with Republican state Reps. Sarah Davis of West University Place and Todd Hunter of Corpus Christi.

“We rolled it out early to start the conversation,” González said.

In pushing for comprehensive nondiscrimination protections, LGBTQ lawmakers and their allies are also making an economic case. Big businesses like Amazon and Google have been major advocates for LGBTQ Texans over the last few years, telling lawmakers that to attract the best talent to their Texas offices, they need to guarantee workers equal rights in their communities.

“It is the business community’s voice that has been one of the loudest and strongest advocates for the LGBT community over the years,” said Tina Cannon, executive director of the Austin LGBT Chamber of Commerce.

Still, advocates have acknowledged that Monday’s ruling, while exhilirating the LGBTQ community, may also stir up opposition.

“I do think this is going to galvanize the folks who don’t want us to be at the same level,” Shelly Skeen, a senior attorney with the LGBTQ rights group Lambda Legal, said during a virtual briefing after Monday’s ruling. “So we got even more work to do, but I think we got some great momentum behind us.”

LGBTQ Caucus members have already made major progress since 2017, when LGBTQ advocates spent much of the legislative session playing defense as they fought back a controversial “bathroom bill” that would have limited transgender Texans’ access to certain public spaces. It was championed by Lt. Gov. Dan Patrick and hardline conservative groups.

See here for more on that SCOTUS ruling, and here for more on the equality bill. Dems taking the House is probably the only path to this bill making it out of the lower chamber, where it will never get a hearing in the Senate. The best we can do is get everyone on the record, and fight like hell to elect more Democratic Senators in 2022, as well as un-electing Dan Patrick and Ken Paxton, by far the two biggest obstacles to getting a real equality bill enacted. Yeah, I’ve got Paxton there ahead of Greg Abbott, who I could sort of maybe imagine going with the flow if he gets enough pressure from business and the wingnut fringe has been somewhat neutered. Electing some Democrats to the State Supreme Court would also help, and that we can do this year as well. The things to remember are 1) this is going to take more than one session; 2) the more elections we win, the closer we will be able to get; and 3) we cannot ease up, not even a little, because it will always be possible to go backwards. Eyes on the prize, and get people elected to do the job. That’s what it is going to take.

A bipartisan equality bill

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

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

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

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

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

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

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

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

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

[…]

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

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

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

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

We don’t know enough about what’s happening at nursing homes

We’ve talked before about two of the main coronavirus hotspot types in Texas, prisons and meat processing plants. Now we’re going to talk about that third type, nursing homes.

As the death toll grows at Texas nursing homes, so has the number of requests for information kept by state health officials that would reveal which long-term care facilities have suffered coronavirus outbreaks during the worst pandemic in generations.

But the Texas Health and Human Services Commission, which regulates nursing homes and assisted living facilities, is attempting to keep its records secret, despite calls for more transparency from open-government advocates, some Texas lawmakers and family members worried about vulnerable residents.

“The public is being left in the dark, and we’re losing control of our ability to oversee the operations of our government,” said Joe Larsen, a lawyer with the Freedom of Information Foundation of Texas, which published an open letter last month urging the health commission to release its records on nursing home infections.

In a May 4 letter to the Texas Attorney General’s Office, Carey Smith, a lawyer representing the health commission, said the agency has received more than two dozen public records requests for nursing home data about coronavirus infections, but that federal and state laws prohibit the release of the information because it might identify infected residents and violate their privacy.

However, Texas legislators who wrote one of the laws cited by Smith said it doesn’t prohibit officials from releasing statistical information about COVID-19 in nursing homes.

“The statute was not intended to create a blanket protection for all health-related information,” said former Sen. Kirk Watson, D-Austin, who authored the bill in the Texas Senate last year.

The sponsor of the bill in the Texas House, Rep. Giovanni Capriglione, R-Southlake, said releasing statistical data from nursing homes could benefit both consumers and government authorities. And, like Watson, he said the bill they passed doesn’t prevent state officials from releasing that information.

“So long as you can’t get personal identifying information I don’t see why the current rules and statutes that we have don’t already allow that information to be released,” Capriglione said.

[…]

After facing criticism from families and advocates of nursing home residents, Texas began releasing statewide statistics that show the total number of coronavirus deaths at nursing homes, which provide round-the-clock care, and assisted living facilities, which are less intensive.

As of [May 1], 478 COVID-19 deaths — nearly half of the 1,042 reported in Texas — were at nursing homes or assisted living centers, records show.

But state health officials haven’t disclosed infection rates for each location, which has stymied families trying to protect their relatives. The lack of information also leaves hospice workers and other contract caregivers in the dark.

That story was from early May. Since then, we have gotten more numbers from the state.

More than 3,000 Texas nursing home residents have tested positive for the new coronavirus, as well as nearly 400 assisted living facility residents, according to data released Friday by the Texas Department of State Health Services.

Among the reported 311 nursing homes with confirmed cases, 3,011 residents have tested positive and 490 have died. Another 494 residents have recovered, according to the data. At 112 assisted living facilities in Texas with at least one confirmed coronavirus case, 382 residents have tested positive for the virus, and 95 have died.

Statewide, 1,272 people have died, but it was unclear late Friday if all of the long-term care facility patients’ deaths were included in that larger figure.

The state had previously released only the number of nursing homes with confirmed cases and fatalities, not the number of people who have tested positive.

The state is still not releasing the names of nursing homes with COVID-19 cases. Many families remain in the dark about whether their loved ones in nursing homes are at risk of exposure.

There are a lot of reasons why we need more and better reporting of this data. For one, just so that the people who have family and friends that live or work at these places can know what’s going on with them. For two, to better identify the places that are not up to standard on health and safety. For three, so we can learn from the places that are doing well as well as the places that are doing poorly, so the overall level of safety and care can be improved. This is not hard to understand, and at least it looks like there’s bipartisan agreement that the existing laws need to be upgraded for the future. Put that on the ever-lengthening to do list for the 2021 Lege.

After-deadline filing review: The Lege

Now we come to the State House, which is where most of the action will be in 2020. In 2018, much of the energy and focus was on Congressional races, to the point where some hand-wringing articles were written about the lack of focus and resources on the legislative races. Dems managed to win 12 seats anyway, and by now we all know of the goal of winning nine more to take the majority. Both parties, and a lot of big-money groups, are locked in on this. That’s where we are as we enter the primary season.

So with all that, see here, here, and here for previous entries. The top target list, or at least my version of it, is here. As before, I will skip over the Houston-area races and focus on the ones I haven’t been talking about. Finally, one correction to that post on Houston-area races: I have been informed, and a look at the SOS candidate info page confirms, the two would-be primary challengers to Rep. Hubert Vo in HD149 have been disqualified.

The top targets: I will start with the districts that Beto carried, then move to the next tier.

HD64Angela Brewer, adjunct professor of communication studies at UNT and Collin College. You can see a short video of her talking to a local journo here. This district is in Denton County, where HD65 flipped in 2018.

HD66Sharon Hirsch, a retired Plano ISD employee who came agonizingly close to winning in 2018 (she lost by less than 400 votes, 0.6 percentage points), will try again. Physician Aimee Garza Lopez is also running to take on lousy incumbent Matt Shaheen.

HD67 – Four candidates are running (a fifth withdrew) in a Collin County district that Beto carried by five and a half points (incumbent Jeff Leach held on by 2.2 points). Attorney Tom Adair, attorney and El Salvador native who fled its civil war in the 80s Rocio Gosewehr Hernandez, former teacher and legislative director Anthony Lo, and real estate agent Lorenzo Sanchez are your options.

HD108 – Another heartbreaking loss, as 2018 candidate Joanna Cattanach fell short by 220 votes, 0.2 percentage points. This was the most Republican district in Dallas County – in some sense, still one of the two most Republican districts, since there are only two left held by Republicans – and yet Beto took 57.2% here in 2018. Cattanach, a teacher, is running again, and she has company, from Tom Ervin and Shawn Terry, both businessmen.

HD121 – I feel like this district, which used to be held by Joe Straus, is a bit of an illusion. It looks less red than it is. Beto won it, but only with 49.7%, while new Rep. Steve Allison (who beat a wingnut in the 2018 GOP primary) took it by eight and a half points. I feel confident the Democratic Presidential candidate will carry it, and it may be Dem in some county races downballot, but much like HD134 has done I expect it to stick with its moderate Republican State Rep. Yeah, I know, I’m a buzzkill. Anyway, 2018 candidate Celina Montoya, founder of an educational non-profit, is back, and she’s joined by consultant and Moms Demand Action state leader Becca DeFelice and Jack Guerra, listed on the SOS page as a “small business owner”.

HD96 – We’re now in the districts Beto didn’t carry, though he only missed this one by 91 votes. I’ll be doing these in decreasing order of Beto’s performance. HD96 is one of five – count ’em five – target districts in Tarrant County, mostly thanks to Beto’s performance in 2018. This is now an open seat thanks to a last-minute decision not to file by Bill Zedler, one of the main anti-vaxxers in the Lege. Attorney Joe Drago has the task of flipping this one.

HD54 – Most of the pickup opportunities for Dems are in the urban and big suburban counties, where you would expect them to be. HD54 is one of three that are not. It’s in Central Texas, split between Bell (blue) and Lampasas (red) counties, it’s been a low-key swing district for some time, and Beto got 49.0% there in 2018. Likeithia “Keke” Williams is listed as the candidate – SD24 candidate Clayton Tucker had originally filed for HD54 but switched to the Senate race following her filing. I can’t find any online presence for her – Tucker mentions she’s a veteran, so we know that much – but I sure hope she gets the support she needs to run a serious campaign, because this is a winnable seat.

HD97 – Get ready for a lot of Tarrant County, with one of the other non-traditional targets thrown in. HD97 (Beto 48.6%) was blue for five minutes in 2008, after Dan Barrett won a special election to fill out Anna Mowrey’s term, then lost that November when Republican turnout returned to normal levels. It’s not been on the radar since, and incumbent Craig Goldman won by nine points last year. No one ever said this would be easy. Attorney and veteran Elizabeth Beck and Dan Willis, listed on the SOS page as an eye doctor, fight it out in March to take their shot in November.

HD14 – The second on the three “wait, where is that district again?” seats (it’s in Brazos County, for the record), HD14 put itself on the list by having Beto (48.4%) improve on Hillary Clinton’s performance (38.1%) by over ten points. Was that a fluke, either in 2016 or in 2018? I have no idea, but any district where Beto can get 48.4% is a district where we need to compete. Certified public accountant Janet Dudding and Raza Rahman, a senior at Texas A&M, have the honors of trying to do that competing.

HD92 – This is – or, thankfully and more accurately, was – Jonathan Stickland’s district. Need I say more? The air is fresher already. Steve Riddell, who lost by less than two points to Stickland in this 48.3% Beto district, and attorney and Air Force veteran Jeff Whitfield, are in it.

HD93 – Staying in Tarrant County, we have yet another anti-vaxxer’s district, this one belonging to Matt Krause. What’s in the water out there, y’all? It’s Beto at 48.2%, and Lydia Bean, sociology professor and non-profit founder and 2018 Dem candidate in the district, is back.

HD94 – Tarrant County has punched way above its weight in the Idiot Legislators department lately, thanks to a cluster of loudmouth anti-vaxxers. That group contains HD94 incumbent Tony Tinderholt, who entered the Lege by knocking out a leading pro-public education Republican incumbent, and who is a dangerous lunatic for other reasons. Tarrant County will be less toxic next session with Jonathan Stickland and Bill Zedler retiring, and taking out Tony Tinderholt would also help. Alisa Simmons, who does not have a campaign presence yet, has that task.

HD32 is a weird district. Located in Nueces County, it was a swing seat in the previous decade, finally flipped by then-rising star Juan Garcia in 2008, when Dems held a total of 74 seats. Todd Hunter, who had represented it in earlier years, won it back in 2010 and hasn’t faced a Democratic opponent since. With Beto taking 47.0% there, it’s again in the mix. Eric Holguin, the Democratic candidate in CD27 in 2018, is running in HD32 this cycle.

HD106 – We’re now very much into “stretch” territory, as the last four districts are all under 45% for Beto; this one, which was rehomed from Dallas to Denton County in the 2011 redistricting, scored at 44.2% for Beto and was won by first-term incumbent Jared Patterson with 58.3%. But if 2018 taught us anything, it’s that things can move in a hurry, so I don’t want to overlook potential possibilities, even if they’re more likely to be of interest in the longer term. Jennifer Skidonenko, who identifies herself as a mother and grassroots activist and who is clearly motivated by gun violence, is the candidate.

HD89 – This is the district that used to be held by Jodie Laubenberg. Remember Jodie Laubenberg? She was the author of HB2, the omnibus anti-abortion bill that Wendy Davis filibustered and the Supreme Court eventually rejected. Have I elevated your blood pressure just a little? Good. Laubenberg went off to do whatever horrible things people like her do after they leave the Lege, and Candy Noble is her replacement in this Beto 43.5% district. Sugar Ray Ash, the 2018 Dem nominee who is a veteran, former postal worker, tax attorney, DMN endorsed, and all around interesting guy, is back for another shot, and he has company in the person of Jon Cocks, whose website is from a prior race for Mayor of Fairview.

HD122 – The most Republican district in Bexar County, held by Greg Abbott frenemy Lyle Larson, Beto got 43.4% here, while Larson himself was getting almost 62 percent. Claire Barnett is a consultant for adult education programs and was the Democratic nominee here in 2018. She’s making another run in 2020.

HD84 – Last but not least, this is in some ways my favorite district on the list because it’s where you might least expect it – HD84 is in Lubbock County. Calling it a swing district is certainly a stretch – Beto got 43.1% in 2018, a big improvement over Hillary Clinton’s 34.8% in 2016, and incumbent John Frullo won by 20 points. But the direction is encouraging, and we’ve known since the 2011 redistricting cycle that one could build a Dem-leaning district in Lubbock if one were so inclined. If nothing else, keep that in mind as a thing to work for in the 2021 session. John Gibson, attorney and the Chair of the Lubbock County Democratic Party, announced his candidacy on Monday, deadline day, which made me happy because I’d been afraid we were skipping that race. I’m so glad we’re not.

I’ve still got judicial candidates and maybe a look at Fort Bend County candidates to look at. Stay tuned.

Precinct analysis: 2018 State House

Beto O’Rourke won 76 State House districts. Out of 150. Which is a majority.

Let me say that again so it can fully sink in.

BETO O’ROURKE WON 76 STATE HOUSE DISTRICTS.

Remember that after the 2016 election, Democrats held 55 State House Districts. They picked up 12 seats last year, thanks in large part to the surge that Beto brought out. But there were nine other districts that Beto carried where the Dem candidate fell short. Let’s start our review of the State Rep districts by looking at those nine.


Dist  18 Dem    Beto    Lupe Collier  Nelson   Olson McAllen
============================================================
HD26   47.6%   50.5%   43.4%   47.8%   48.9%   48.5%   44.9%
HD64   44.5%   49.8%   43.9%   46.8%   47.4%   46.5%   44.0%
HD66   49.7%   52.5%   44.1%   49.2%   50.4%   48.8%   45.7%
HD67   48.8%   52.3%   44.5%   49.2%   50.4%   48.8%   45.7%
HD108  49.9%   57.2%   46.0%   52.7%   54.2%   51.9%   46.5%
HD112  49.0%   54.4%   47.5%   51.4%   52.5%   51.7%   48.7%
HD121  44.7%   49.7%   42.0%   46.9%   48.4%   47.7%   42.4%
HD134  46.8%   60.3%   50.4%   57.9%   59.1%   57.5%   48.6%
HD138  49.9%   52.7%   46.6%   50.6%   51.5%   51.1%   47.5%

Some heartbreakingly close losses, some races where the Republican winner probably never felt imperiled, and some in between. I don’t expect HD121 (Joe Straus’ former district) to be in play next year, but the shift in HD134 is so dramatic it’s hard to see it as anything but a Democratic district that just needs a good Dem to show up and take it. 2012 candidate Ann Johnson has declared her entry into the race (I am aware of one other person who was looking at it, though I do not know what the status of that person’s intent is now), so we have that taken care of. I won’t be surprised to see other candidates start to pop up for the other districts.


Dist  18 Dem    Beto    Lupe Collier  Nelson   Olson McAllen
============================================================
HD45   51.6%   55.1%   47.9%   51.8%   52.6%   52.2%   49.3%
HD47   52.4%   54.9%   46.7%   51.7%   52.9%   51.6%   48.4%
HD52   51.7%   55.7%   48.0%   52.0%   53.3%   52.2%   49.3%
HD65   51.2%   54.1%   46.6%   50.8%   51.8%   50.6%   47.6%
HD102  52.9%   58.5%   50.1%   55.5%   56.7%   55.1%   51.3%
HD105  54.7%   58.7%   52.5%   55.5%   56.8%   56.1%   53.7%
HD113  53.5%   55.5%   49.4%   53.1%   53.9%   53.4%   51.4%
HD114  55.6%   57.1%   47.2%   54.1%   55.5%   53.4%   48.4%
HD115  56.8%   58.2%   49.9%   54.8%   56.1%   55.5%   51.2%
HD132  49.3%   51.4%   46.3%   49.5%   50.2%   50.0%   47.6%
HD135  50.8%   52.9%   47.3%   50.8%   51.6%   51.5%   48.8%
HD136  53.4%   58.1%   49.9%   54.2%   55.5%   54.2%   51.3%

These are the 12 seats that Dems flipped. I’m sure Republicans will focus on taking them back, but some will be easier than others. Honestly, barring anything unexpected, I’d make these all lean Dem at worst in 2020. Demography and the Trump factor were big factors in putting these seats in play, and that will be the case next year as well.


Dist  18 Dem    Beto    Lupe Collier  Nelson   Olson McAllen
============================================================
HD14   43.6%   48.4%   40.9%   45.3%   45.0%   44.5%   41.1%
HD23   41.4%   44.0%   39.6%   42.7%   43.5%   43.3%   41.1%
HD28   45.8%   48.1%   41.8%   45.7%   46.5%   46.4%   43.2%
HD29      NA   47.0%   41.2%   44.9%   45.7%   45.9%   42.9%
HD32      NA   47.0%   38.9%   44.9%   45.2%   45.9%   42.2%
HD43   38.9%   44.1%   37.4%   43.4%   43.3%   43.9%   42.3%
HD54   46.2%   49.0%   43.8%   46.5%   47.0%   46.8%   45.0%
HD84   39.8%   43.1%   37.4%   41.5%   41.2%   39.8%   37.7%
HD85   43.5%   44.7%   39.8%   43.2%   44.1%   44.1%   41.6%
HD89   40.5%   43.5%   37.1%   41.1%   41.7%   40.5%   38.0%
HD92   47.4%   48.3%   41.9%   45.6%   46.5%   45.8%   43.1%
HD93   46.1%   48.2%   42.1%   45.6%   46.3%   45.5%   42.9%
HD94   43.9%   47.9%   41.1%   44.9%   46.0%   45.1%   42.2%
HD96   47.2%   49.5%   43.9%   47.6%   48.1%   47.6%   45.3%
HD97   44.9%   48.6%   41.3%   45.7%   46.5%   45.4%   42.4%
HD106  41.7%   44.2%   37.1%   41.3%   42.0%   41.0%   38.1%
HD122  38.1%   43.4%   36.1%   40.5%   41.9%   41.2%   36.7%
HD126  45.2%   47.8%   42.5%   46.1%   46.7%   46.3%   43.5%
HD129  41.8%   45.2%   39.1%   43.4%   44.3%   44.2%   40.0%
HD133  41.9%   45.0%   36.6%   43.4%   44.2%   42.8%   36.3%

Here are the generally competitive districts, where Dems can look to make further inroads into the Republican majority. Well, mostly – HD23 in Galveston, formerly held by Craig Eiland, and HD43 in South Texas, held by Rep. JM Lozano, are going in the wrong direction. I wouldn’t say that Dems should give up on them, but they should not be a top priority. There are much better opportunities available.

To say the least, HD14 in Brazos County is a big surprise. Hillary Clinton got 38.1% of the vote there in 2016, but Beto came within 1100 votes of carrying it. It needs to be on the board. Rep. Todd Hunter in HD32 hasn’t had an opponent since he flipped the seat in 2010. That needs to change. HD54 is Jimmy Don Aycock’s former district, won by Rep. Brad Buckley last year. It’s been at least a light shade of purple all decade, but it’s non-traditional turf for Dems, who never felt much need to go after Aycock anyway. It’s split between Bell and Lampasas counties, and will need a big win in Bell to overcome the strong R lean of Lampasas. HD84 in Lubbock isn’t really a swing district, but Beto improved enough on Hillary’s performance there (34.8% in 2016) to put it on the horizon. The Dem who won the primary in HD29 wound up dropping out; we obviously can’t have that happen again. All of the HDs in the 90s are in Tarrant County, and they include some of the biggest anti-vaxxers in the House – Stickland (HD92), Krause (HD93), and Zedler (HD96). You want to strike a blow against measles in Texas, work for a strong Democratic performance in Tarrant County next year.


Dist  18 Dem    Beto    Lupe Collier  Nelson   Olson McAllen
============================================================
HD31  100.0%   54.5%   47.3%   53.6%   54.5%   54.3%   53.7%
HD34   61.1%   54.6%   46.5%   53.5%   53.6%   54.8%   52.2%
HD74  100.0%   55.9%   50.4%   53.9%   54.1%   55.0%   53.3%
HD117  57.4%   58.3%   50.7%   54.3%   56.3%   55.9%   53.4%

These are Dem-held districts, and they represent the best opportunities Republicans have outside of the districts they lost last year to win seats back. HD117 went red in 2014 before being won back in 2016, so at least in low-turnout situations these districts could be in danger. Maybe the 2018 numbers just mean that Greg Abbott with a kazillion dollars can do decently well in traditionally Democratic areas against a weak opponent, but this was the best Dem year in a long time, and if this is how they look in a year like that, you can imagine the possibilities. If nothing else, look for the Republicans to use the 2021 redistricting to try to squeeze Dem incumbents like these four.

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.

Marijuana decriminalization bill passes House committee

Progress.

Rep. Joe Moody

The House Criminal Jurisprudence Committee advanced a marijuana decriminalization bill on Monday with the help of two Republicans.

With a 4–2 vote, the committee approved House Bill 81, authored by Chair Joe Moody, D-El Paso, at Monday’s hearing. Under HB 81, police would ticket someone caught with an ounce or less of marijuana rather than charging them with a Class B misdemeanor, which carries a punishment of up to six months in jail.

The measure passed with bipartisan support, but both no votes came from Republican freshmen — Cole Hefner, of Mt. Pleasant, and Mike Lang, of Granbury. Republicans Todd Hunter, of Corpus Christi, and Terry Wilson, of Marble Falls, joined the committee’s Democrats in advancing the bill beyond its first legislative hurdle.

“It is a fairly new concept in Texas not to criminalize conduct,” Moody told the Observer. “Part of the problem has been just getting people comfortable with the idea of treating this differently than we have in the past.”

[…]

Last session, Moody carried a nearly identical measure. Several Republicans, including David Simpson and Bryan Hughes — both of whom are no longer in the House — signed on to Moody’s bill as co-authors in 2013, but no GOP member supported the measure as a joint author, which is a greater show of support.

Moody will need all the help he can get from Republicans, including House Criminal Jurisprudence Committee Vice Chair Hunter, who voted in support of the bill on Monday. The proposal now advances to the Calendars Committee, which determines the flow of legislation into the full House. Hunter chairs the powerful committee, which comprises 10 Republicans and five Democrats.

Hunter will play a major role in determining whether HB 81 makes it to the House floor — further than any bill lessening penalties for marijuana offenses has made it in the legislative process.

I feel like this bill will have a decent chance to pass the House – it should at least get a vote, unless it becomes clear the numbers aren’t there for it. The prospects seem longer in the Senate, but at least now-Senator Bryan Hughes ought to support it. Even if it doesn’t go the distance, each step farther improves the odds that something like it can get passed in a future session. Public support is ahead of the Lege on this issue, and it will likely take a few more cycles to catch up.

DC preclearance trial, Day One

E. Barrett Prettyman Federal Courthouse, DC

While we wait for the Supreme Court to give us some indication of what happens next with our elections – they did not issue an opinion this week – the preclearance trial at the DC federal court got underway.

State Rep. Todd Hunter, R-Corpus Christi, testified that hearings were held statewide to allow input from all groups and citizens to form a bipartisan basis to redraw political lines.

Under cross-examination, though, Hunter said he was unaware that new political lines in Corpus Christi that eliminated a Latino state House seat also lumped all of his possible competitors into a neighboring district.

His claim that no one had complained about the minority makeup of the new state House districts was refuted with a videotape of Luis Figueroa of the Mexican American Legal Defense and Educational Fund telling a legislative hearing that eliminating the Corpus Christi seat would be tantamount to a Voting Rights Act violation.

Jose Garza, a lawyer with the Mexican American Legislative Caucus who was questioning Hunter, also told the court that he testified to the same problem before a state House committee.

There were hearings around the state, but it was also the case that there were almost no public hearings in the Legislature. The Congressional map passed through in record time, once the Republicans bothered to produce it. Seemed like the plaintiffs scored some points in the opening round, but it’s early days and there’s a lot of testimony to come, along with some pre-filed written testimony. The state’s case was simply summarized during pre-trial hearings.

In a hearing before the D.C. court, David Schenk, the Texas deputy attorney general, said the state did not intend to discriminate when it drew new political lines.

Without the intent of discrimination, the maps, which do protect Republican minority officeholders, should be approved.

“Texas did the best that it could,” Schenk argued.

I didn’t mean to smash into your car. I totally did the best I could driving, even if I was going 90 on a wet road at night. Without the intent to have an accident, I should be let go without a citation. Yeah, that sounds about right to me. We’ll see what the plaintiffs make of that. As always, Texas Redistricting has more.

First thoughts on the new Congressional map

OK, down to business. Here’s a map of the new plan, which was unanimously approved by the three judges, the 2008 election data, and here’s 2010 election data. Going by the 2012 data, I break it down as follows:

Strong R


Dist  Obama Pct  Houston Pct
============================
01         30.5         36.4
02         34.4         35.6
03         37.4         36.8
04         29.4         37.6
05         36.5         41.2
08         25.6         29.3
11         23.0         28.4
12         34.1         35.5
13         22.2         27.4
17         33.2         38.2
19         28.0         32.4
21         33.0         31.5
24         38.0         37.5
26         35.4         35.5
31         39.8         41.3
34         32.9         37.1
36         31.1         39.8

Likely R


Dist    Obama Pct    Houston Pct
============================
07         42.5         40.8
14         41.9         47.3
22         40.6         41.2
32         43.0         43.1

Lean R


Dist  Obama Pct  Houston Pct
============================
06         44.8         47.5
10         46.5         45.5

Strong D


Dist  Obama Pct  Houston Pct
============================
09         77.3         77.6
15         61.9         65.8
16         66.6         68.8
18         77.4         77.5
25         68.4         65.2
27         58.3         62.1
28         58.6         63.0
29         62.0         67.6
30         81.5         81.3
33         62.5         63.1

Likely D


Dist  Obama Pct  Houston Pct
============================
20         58.5         58.8

Lean D


Dist  Obama Pct  Houston Pct
============================
23         51.4         53.1
35         54.4         55.9
 

Barring any surprises, that’s a 23-13 split, which means (contra the Chron and its funny math once again) a four-seat gain from the current 23-9 split. The Dems have more upside than downside, and it’s not crazy to think that over the course of the decade some districts could move into a different classification, such as currently solid R seats 05, 24, and 31. I was just on a conference call with Matt Angle and Gerry Hebert about the new map, and Angle suggested CDs 06 and 14 as ones that will trend Democratic. I asked him about CD10, which has a similar electoral profile right now to those two, and while he agreed it can be competitive, he didn’t think the demographics will change as much as in the others.

Note that CD33 is now a majority-minority seat in Tarrant County – BOR notes that State Rep. Marc Veasey, one of the plaintiffs and strong fighters in these suits, has already indicated his interest in running for it. He’s already got an opponent if so – a press release from Fort Worth City Council member Kathleen Hicks that announced her entry into the CD33 sweepstakes, hit my inbox about ten minutes after the publication of the new map. PoliTex confirms both of these. One way or another, though, it sounds like sayonara to Roger Williams.

CD34 stretches from the Gulf Coast into the Hill Country, taking a chunk out of the southern edge of the old CD10. CD36 is more or less as it was before, in the eastern/southeastern part of Harris County and points east from there. CD35 is no longer in Travis County, so the Doggett/Castro death match is no more – Rep. Lloyd Doggett gets his Travis-anchored CD25 back, and Rep. Joaquin Castro gets a new Bexar-anchored district to run in. I don’t know if freshman Rep. Blake Farenthold can run in CD34 – I suspect he’d face a challenge from some Republican State Reps if he tried. Perhaps State Rep. Geanie Morrison, based in Victoria and now paired with State Rep. Todd Hunter, might take a crack at it, or maybe Hunter will. I presume State Sen. Mike Jackson will continue to pursue CD36. All of the Republican contenders for the Lege-drawn CD25 are also now out of luck, so bye-bye to former Railroad Commissioner Michael Williams as well. Not a good day for Williamses who wanted to run for Congress.

Comments and objections are due on Friday, and one presumes it, along with the other two, will be finalized by Monday the 28th, which is the opening of filing season, though I hear that could possibly get pushed back a day. Greg, Stace, the Lone Star Project, Postcards, the Trib, and Trail Blazers have more.

Nothing is dead, and nothing is certain

The deadline for passing House bills on second reading was midnight Friday last week, which means that tons of bills are technically dead, as they can no longer be brought to the House floor for a vote. However, bills can still be attached to other bills that are eligible for consideration as amendments, so nothing can be ruled out at this stage.

“As long as the budget is alive, any fiscal measure is still alive,” said Rep. Todd Hunter, R-Corpus Christi, chairman of the influential House Calendars Committee, which determines which bills go to the House floor for debate.

“I think gambling is still alive because it’s a revenue measure and, as the budget process is alive, so is any revenue measure.”

A watered-down gambling bill to allow slot machines at racetracks and Native American reservations moved out of the House Licensing and Administrative Procedures Committee last week

“There’s not enough interest on the House floor — at the moment,” said Rep. Mike “Tuffy” Hamilton, R-Mauriceville, the committee chairman who moved the gambling bill.

Support for the gambling bill could build later — perhaps in a summer special session, he said, as members look for more non-tax revenue. The limited gambling bill could raise about $3 billion, he said.

You knew gambling would come up in this conversation, right? There are still big disagreements about how much money the Lege will actually spend this session, and how cuts to public education will be distributed, and these issues are not close to being resolved.

The House and Senate each has passed its own budget plan, with the Senate spending $4 billion more state dollars than the House in order to mitigate proposed spending cuts to education, nursing homes and other priorities.

The two sides now have little time to hammer out a compromise , and they’re struggling to reach common ground. The Senate thinks the House cuts are too deep, and the House thinks the Senate is unrealistic about how much money is available.

“It’s going to be real tough to get to a compromise,” one high-level legislative staffer said Friday, speaking on the condition of anonymity as to not further disrupt the negotiations.

Senate finance chief Steve Ogden said on Friday that a special legislative session on the budget is “pretty likely.”

Anything can happen, but I’d put my money on a special session. The question is whether another thirty days would be enough to resolve the disagreement, since what that really means is who capitulates. There, I’d be putting my money on the Senate finally giving in to the fanatics in the House. At which point we’ll have the budget the Republicans have been dreaming about for years. What happens after that is up to us.

School finance issues holding up budget deal

News flash: School finance reform is hard. Especially when all it’s doing is taking money away from everyone.

The clock is a-tickin’ for Texas lawmakers to cobble together a budget compromise that enacts deep cuts to public education.

But with less than three weeks left in the legislative session, neither chamber has debated, much less passed, a school finance bill that would reduce the state aid owed to school districts by as much as $6.5 billion.

Both the House and Senate budgets are precariously balanced on the assumption that such legislation would be approved. Failure to do so would probably force lawmakers into a special session this summer.

“It’s essential that we pass some type of school finance reform in order to successfully end the session. So it’s the No. 1 priority right now,” said Senate Finance Committee Chairman Steve Ogden, R-Bryan.

On the House side, Calendars Committee Chairman Todd Hunter, R-Corpus Christi, said the school finance legislation would not be among the bills to make it to the floor before a key deadline at the end of the week.

“There are a lot of interconnected parts that aren’t fitting together yet,” said Public Education Chairman Rob Eissler, R-The Woodlands.

The House plan could still hitch a ride on another piece of legislation, but at least one local lawmaker, Rep. Paul Workman, R-Austin, said he wouldn’t be able to support it.

Although Workman backed the House budget bill that reduced the school funding, he said Tuesday that the House school finance bill hurts his school districts too much to get his vote.

Well that’s mighty thoughtful of him, and I’ll bet he has plenty of company in that regard, but just what exactly did Paul Workman expect when he voted to cut $7.8 billion from public education? The attitude he’s expressing here is basically “it’s all right to cut as much as needed from everyone else, just not from me”. Hey, you voted for those cuts, you live with the electoral consequences. If you don’t like what you see, you should have done something different. I have no sympathy at all, even if his dithering may work to put pressure on the Republicans to ease the pain. But let the lesson be learned: It’s easy to favor “living within our means” and “cutting spending”. It’s a lot harder to vote for cuts to your own school district.

New map, new opportunities: Outside the urban areas, part 1

Here’s the first post in my series of analyses of the new districts. I’m using 2008 electoral data, since the next election is a Presidential year, and I feel confident that the districts were drawn with an eye strongly towards protecting Republican gains in such a year. Without further ado, here we go.

HD12

District: 12

Incumbent: None

Counties: McLennan (part), Limestone, Falls, Robertson, Brazos (part)

Best 2008 Dem performance: Sam Houston, 46.67%

This district contains parts of Jim Dunnam’s old district, with the eastern part of the old HD57 being chopped off and reconstituted to accommodate Marva Beck. Lack of an incumbent is a big part of the draw here. A big downside is the eight point spread from the top of the ticket – neither Obama nor Noriega cracked 40% – to the Sam Houston number, which suggests that any Democratic candidate may have to swim against the tide. Lack of an incumbent also means you can’t accuse the other guy of voting to gut public education. Not a top priority, and may never be on the radar, but deserves a decent candidate for the first go-round at least.

HD17

District: 17

Incumbent: Tim Kleinschmidt (first elected in 2008)

Counties: Lee, Bastrop, Caldwell, Gonzales, Karnes

Best 2008 Dem performance: Susan Strawn, 48.27% (plurality)

Big change in this district, which used to contain Burleson, Colorado, Fayette, and parts of Brazos. Basically, it shifted south. Bastrop is the population center, and it was a purple county in 2008, with Strawn and Sam Houston scoring pluralities there. The more it becomes an Austin suburb a la Hays and Williamson, the better the prospects for a win. This district was on the radar for Dems in 2008 as an open D seat and in 2010, and I expect it will continue to be.

HDs 32 and 34

District: 32
District: 34

Incumbent: Todd Hunter (HD32, first elected in 2008); Raul Torres and Connie Scott (HD34, first elected in 2010)

Counties: Nueces

Best Dem performance in 2008: For HD32, Sam Houston, 46.20%. For HD34, Sam Houston, 58.83%

HD32 can charitably be described as a reach if Hunter runs for re-election. Nueces County has been trending away from the Democrats, the three counties that were removed from HD32 (Aransas, Calhoun, and San Patricio) were a net winner for Juan Garcia, whom Hunter defeated in 2008, and Hunter has done very well both in terms of fundraising and moving up the ladder in his two terms. However, it’s the worst kept secret in the state that Hunter wants to run for Congress, and if that map is at all favorable to him this seat may be open in 2012. So keep that in the back of your mind.

I’ll be honest, I’m not really sure why Torres and Scott were paired, unless they were considered to be hopeless cases for salvation. This is the more Democratic part of Nueces, with all Dems in 2008 winning a majority, up to 20 points in their favor downballot. This has got to be one of the easiest pickup opportunities for the Dems in 2012.

HD35

District: 35

Incumbent: Jose Aliseda (first elected in 2010)

Counties: Atascosa, LaSalle, McMullen, Live Oak, Bee, San Patricio, Duval

Best 2008 Dem performance: Sam Houston, 50.77%

Republicans have been trying to carve out a South Texas district for themselves for awhile, and this one may be their best shot going forward. The good news for them is that McCain and Cornyn scored solid wins in 2008, with McCain getting nearly 55% and Cornyn 51%. The bad news is that Dems carried the rest of the races, with Houston, Strawn, and Linda Yanez all getting majorities. Aliseda got into one of the more entertaining kerfuffles during the House debate over HB150; I don’t know if he got what he wanted or not, but what he got is a very swingy district that may be a battleground through the decade.

HD41

District: HD41

Incumbent: Aaron Pena (first elected as a Democrat in 2002, switched parties after the 2010 election)

Counties: Hidalgo (part)

Best Dem performance in 2008: Sam Houston, 60.15%

I can’t think of a single seat the Democrats would like to win more than this one. Technically, Pena is the incumbent in HD40, and Veronica Gonzales is the incumbent in HD41, but as the Legislative Study Group noted:

CSHB150 also radically changes Hidalgo County districts in an effort to squeeze a partisan performing district out of the existing population. The incumbent in HD 40 would only represent 1.5 % of his current district, and the incumbent in HD 41 would only represent 1.1 % of her district. The gerrymandered map in Hidalgo County takes great pains to draw the incumbents in HD 40 and 41 into almost entirely new districts, narrowing down to one city block at times.

For this reason, the district numbers were swapped, thus giving Pena and Gonzales most of their previous constituents back. Despite being on the Redistricting Committee and drawing what one presumes was the best map he could for himself, Pena isn’t exactly sitting pretty. The low score among Democrats was Obama’s 54.83%, with everyone but Jim Jordan getting at least 56%. Do his constituents love him enough to overcome the party label or not? Assuming he does run for re-election, that is.

Peña said he is in employment negotiations with a law firm that would require him to move out of the Valley. If he does take the job, he said, he won’t seek office in 2012.

In other words, he’s got a graceful way out if he decides that he can’t win his custom-designed district. We’ll find out soon enough. More non-urban areas coming up next.

Texting while lawmaking

This is a fascinating issue.

A bill by Rep. Todd Hunter, R-Corpus Christi , would make an addition to the Texas Open Meetings Act. And it would apply to any public meeting, whether it’s a House committee or a small-town city council meeting.

The measure, House Bill 2977, says an official would be committing an offense if he or she transmits an electronic message — including an email, text message, instant message or Internet posting — during a public meeting.

No penalty has been included in the bill. But Hunter said he’s still considering how to deal with violators.

Hunter, who chairs the powerful House Calendars Committee, said he had a few reasons for filing the bill.

“For one, it’s discourteous if you’re conducting business on a cellular phone or BlackBerry when somebody’s coming in to testify. You need to be focused on those people,” Hunter said.

But perhaps more to the point, Hunter is seeking to take the state’s open records and open meetings laws into the digital age.

The state has to modernize the law, Hunter said.

“I also don’t think you should be communicating in a public setting with private interests, telling you how to vote, telling you how to think, telling you how to speak without that being open access to the public,” he said. He added that state legislators would still be allowed to text from the House and Senate chambers.

But rudeness and modernization are not the only reasons for filing the measure. There is a legal basis for his bill, too, Hunter said: If lawmakers don’t address the issue, it could end up the subject of a court challenge.

Here’s HB2977. The subject came up last year in a Senate State Affairs Committee hearing. I think Rep. Hunter is correct that if the Lege doesn’t take action to clarify existing laws relating to open meetings, the courts eventually will, and I think there’s a lot of merit to what he’s saying. I’m not sure about drawing a line between public meetings and just being in the House or Senate chambers, since surely those same private interests are there as well, but the subject is worth debating. I personally think that applying the same guidelines for email to other forms of messaging on mobile devices would go a long way towards addressing these issues, though that brings up the matter of retention intervals. Like I said, there’s a lot to discuss here, and whatever gets passed initially will surely need to be revisited in the future, probably multiple times. It’s going to take awhile to figure this all out and come up with something workable.

Howard wins again

It’s fourth and long for Dan Neil.

The House Election Contest Committee unanimously voted [Tuesday] to uphold Rep. Will Hartnett’s determination that Donna Howard won the long-disputed House District 48 seat. Committee members said Republican Dan Neil did not provide clear and convincing evidence to win. If Neil decides to challenge the committee’s vote, it will go to the House floor.

[…]

The committee, chaired by Rep. Todd Hunter, R-Corpus Christi, heard closing arguments from both sides today. Neil’s lawyer and former state Rep. Joe Nixon focused on five voters — two who lived outside the county and three who lived outside of the district during the election season. According to current statutes, residents are allowed to vote in their individual district if they reside in the same county and fill out a statement of residence. The three voters, Nixon said, did not fill out a statement of residence.

“It’s like having a suspended driver’s license,” he said. “You don’t really have one.”

Nixon said Neil was bearing the burden of human error, and that it was up to the committee to fix those mistakes if the true outcome could be ascertained — and, if not, to declare the election void.

Howard’s attorney, Randall “Buck” Wood, said Neil was asking for legislators to ignore existing law and make new law.

“They are simply asking you not to ask a judicial body, but to act as a legislative and political body,” Wood said. “But you’re sitting here as judge and jury.”

Hartnett said the only issue in question is where the individual actually lives.

“If we open the door to strict application to these requirements, we might as well allow re-dos for every time an election is this close,” he said.

After the committee vote, Neil said he was not surprised about the outcome, but about the unanimous vote. Going into today’s committee meeting, Neil said his team leaned toward taking the matter to the House floor, but he is likely to finalize that decision [Wednesday].

Seems to me that if we always adhered to the standard Nixon advocates, Sen. Bill Birdwell would have been knocked off the ballot last year. Be that as it may, I don’t know what Neil was expecting. I doubt he’ll get any more joy from the House, but hey, it’s Bob Perry’s his money. Rep. Howard released a statement that said:

I am obviously pleased with the committee’s decision regarding this extremely close election. Their unanimous vote reaffirms Master Hartnett’s thorough scrutiny of the details of this election contest. I look forward to continuing to serve the residents of House District 48.

As do the rest of us. Most of us, anyway. Postcards has more.

Neil in it till the bitter end

I guess he doesn’t have anything else to do right now.

After some vacillation, the Republican who is contesting his loss to incumbent state Rep. Donna Howard said [Wednesday] that he is now inclined to take his fight the distance.

Last month, Republican Dan Neil said his decision to continue contesting the election might depend on the upcoming recommendation of a special House committee. But now, he said, he wants to push the matter all the way to the House floor.

“I’m back and forth on it,” Neil said.

Howard beat Neil on Election Day by 16 votes. Eventually, Neil contested the election, which led to a trial-like hearing led by Rep. Will Hartnett, a Dallas Republican. Hartnett ruled that Howard should keep her seat.

Hartnett presented his opinion to a special House committee. And next week, the committee will hear from both sides’ lawyers. Then, the committee chair, Rep. Todd Hunter, R-Corpus Christi, will announce the committee’s thoughts on the matter.

And ultimately, the members of the House could figure it out. No date has been set for the members to consider the matter.

Whatever. It’s his right, and Bob Perry’s his money. If nothing else, this ensures he gets cited in future news stories about election contests, as in “The last time a contest went all the way to the House floor was in 2011 when Dan Neil contested his loss to Rep. Donna Howard”. Gotta grab that little bit of immortality whenever you can, I always say.

Senate stands down again

No vote on the rules till next week, so the 2/3 rule lives for a few more days.

In an hour-long caucus behind closed doors, Texas senators decided today to put off for a week a potentially acrimonious public debate over changing their rules. The discussion will occur next Wednesday, as Senate leaders had hinted yesterday.

In the meantime, the Senate will continue to operate under the rules it approved last session.

At issue: A proposal championed by state Sen. Dan Patrick, R-Houston, to change a rule that requires two-thirds of senators to agree before a bill can be brought up for debate. Most senators say they favor leaving the rule as it is. Patrick insists the two-thirds rule thwarts debate on important issues — read that as ones that Republicans want to pass, and Democrats don’t.

Under the current rule, because the 12 Democrats constitute a third of the Senate, they can block debate on some issues.

As Trailblazers notes, the rules the Senate operated under last session allowed for voter ID legislation to be exempted from the two thirds rule. If the default is to simply use the previous rules, which I believe is the norm, then that’s what we’ll get this session as well. This is what I expect to happen, but we’ll see. Burka has more.

There was a little bit of House action to note:

Rep. Todd Hunter will now chair the select committee in charge of determining the HD 48 vote. After a recount, incumbent Democrat Donna Howard won by just 12 votes—a result challenged by opponent Dan Neil.

The rest of the committee: Eiland, who will serve as vice-chair, Kolkhorst, Giddings, Guillen, Bonnen, W. Smith, Madden, and Lewis. State Rep. Will Hartnett remains the master of discovery.

After the committee was read, Hunter took the floor to tell members to “be very careful in discussing this matter.” Members could inadvertently cause problems by discussing the controversy in casual conversation. The committee will ultimately issue a report on the challenge.

Hartnett’s discovery report is still the main thing. In 2005, once his report made it clear that Talmadge Heflin had no case in his contest against Rep. Hubert Vo, Heflin withdrew his challenge before the House voted on it; it may have been before the committee vote as well, I honestly don’t remember. Point being, the hope is that this committee winds up having little to do.

Vetoing smart growth

Houston Tomorrow takes a look at one of the vetoed bills that I hadn’t examined before, SB2169, “relating to the establishment of a smart growth policy work group and the development of a smart growth policy for this state.”

The bill would have instructed the heads of many state agencies to appoint representatives to serve on a task force charged with bringing back suggestions for the Texas legislature for ways to prepare for the projected population growth in the state. As noted by the Legislative Budget Board, “no significant fiscal implication to the state [was] anticipated” because of the bill, and its primary outcome would be that “each odd-numbered year the group [would have been] required to submit a progress report to the legislature.“ The Legislative Budget Board report went on to state that were this bill to have passed “Local governments may benefit from policies developed by the smart growth policy work group, but any benefits will depend on what future policies recommend and the operating environment of each local government.” According to the bill analysis posted at Texas Legislature Online, the bill would not “expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.”

They note that the bill had bipartisan support – it passed 99-48 in the House (98-49 if you accept Rep. Todd Hunter’s “meant to vote no”), and unanimously in the Senate. More to the point, “Out of the 76 representatives from the 8 largest urban counties in Texas, only 18 (22%) voted against the bill.” All 18 came from Harris and the Metroplex, mostly from suburban areas. Alas, the words “smart growth” are considered dirty by the likes of Governor Perry, as you can see in his veto statement, where he pays homage to the idea of “local control” when it suits him to do so.

On a side note, the Statesman reports that the Governor killed numerous bills for which there was little to no opposition:

A dozen of the 37 pieces of legislation that Gov. Rick Perry vetoed late last week moved through the Legislature without a single opposing vote.

The various measures would have, among other things, changed the makeup of the Teacher Retirement System board, allowed authorities to more quickly erase criminal records when someone is arrested but not charged with a crime, and given college students more time to graduate before they faced tuition increases for staying in school too long.

Most of the other bills Perry vetoed drew just a handful of dissenting votes — fewer than five in the 31-member Senate or 10 in the 150-member House.

“There’s no check on the governor’s power to veto bills that have been through an entire process,” said Sen. Jeff Wentworth, a Republican from San Antonio who represents part of southern Travis County. Wentworth sponsored legislation that would have given lawmakers an opportunity to convene for three days after a regular session to override gubernatorial vetoes. It did not pass.

The Perry vetoes highlight the fact that most bills that pass the Legislature do so with overwhelming support, especially when they are locally focused bills such as several of those on Perry’s veto list. Lawmakers are particularly inclined to support legislation in the final days of the 140-day session, when they’re hit with a stampede of bills trying to make it to the governor’s desk before the clock runs out.

The scrutiny is more intense earlier in the session. Bills have to pass through numerous committees, often leading to hours of public testimony and several drafts before they even reach the floor of the House or Senate. Then the process begins again in the other chamber, and the two sides must ultimately reconcile the different versions of the legislation they approve.

It’s certainly true that some bad bills, as well as some bills that started out as good but then picked up some bad amendments (*cough* *cough* HB770 *cough* *cough*) can pass on near-unanimous lines. HB3588 from 2003, which authorized the Trans Texas Corridor, is a good example of that. Local and consent bills, which by definition aren’t controversial, also generally breeze through. Still, the Lege is designed to make it hard for bills to pass, and I haven’t heard anyone claim that the bills that got the axe this time around were ones that needed to be killed because of poor legislative oversight. These were Perry’s decisions for his own reasons, like them or not.

Windstorm insurance bill passes House committee

I’ve mentioned the prospect of a special session several times lately. One of the issues that could be the cause of a special session is windstorm insurance, as the Texas Windstorm Insurance Association took it on the chin last year thanks to Hurricane Ike. Governor Perry even came to the floor of the House yesterday to threaten that he’d call a special session for June 2, the day after sine die, if a bill didn’t get passed. Apparently, that was enough to make something happen.

Windstorm insurance reform legislation suddenly got voted out of a House committee Wednesday after Gov. Rick Perry threatened to call a special session on June 2 if the bill does not pass.

Both inland and coastal lawmakers expressed concerns about the bill they voted on, but said they needed to get something to a House/Senate conference committee if there is any hope of reaching a compromise to avoid a special session.

Rep. Trey Martinez Fischer, D-San Antonio, complained that he was being forced to vote on a 51-page bill that he had not read. He said the House has had the entire session to work on a compromise and now was being presented a “false choice” of voting on an unseen bill or having it die in the Legislature’s closing crunch.

“The House is on fire! Let’s vote it out,” Martinez Fischer said.

“I don’t care what you do. If you want to vote it down, vote it down,” replied House Insurance Committee Chairman John Smithee, R-Amarillo.

Rep. Senfronia Thompson, D-Houston, joined Martinez Fischer in voting against the bill, also complaining that she had not had a chance to read it.

“I’m not trying to slow the process down, but don’t I have a right to read this stuff?” Thompson asked.

Rep. Todd Hunter, R-Corpus Christi, urged his fellow committee members to vote for the bill just to keep it moving and not let it die. He said there are many things in it that still bother him.

“We have been told we will be called into a special session on June 2 if we do not get this matter resolved,” Hunter said. “Get the process moving so we do not kill the issue.”

The bill in question is SB14, which was approved by the Senate on April 30, but which has been revised since then. One hopes everyone will have the time to read the bill before it gets voted on again, not that this has ever been a requirement for getting stuff passed; if it were, we might never have heard the words “Trans Texas Corridor”. One also hopes that this bill will be given priority over clearly less-important things like voter ID. Finally, one hopes that this is the only thing that’s on Governor Perry’s list of reasons for which to call a special session, and not just the cudgel of the day. I don’t want the Lege to come back this summer any more than they do.