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That’s our Lege

I think we are going to have a regular March primary

This happened in the second special session, after the Dems came back from Washington DC.

Senate Bill 13, from Senator Joan Huffman (R-Houston), has been sent to Governor Greg Abbott after being approved by the House and Senate this week.

The bill gives the Secretary of State the authority to change the dates of the primary election and any runoff election, along with related dates for candidate filings, depending on when a redistricting plan is finalized.

If the bill is signed into law, it would keep all current primary election and associated administrative dates the same, as long as a redistricting plan is completed by November 15th. This would set a primary date of March 1, 2022 and a runoff of May 24, 2022, with candidate filing taking place between November 29th and December 13th.

However, if a redistricting plan is not finished by November 15th, but is completed before December 28th, the primary election would be delayed to April 5, 2022 and the runoff would shift to June 21, 2022. Candidate filing would occur from January 10-24, 2022.

If the redistricting plan is not completed until after December 28th but before February 7, 2022, the primary would move to May 24, 2022, while the runoff would be pushed back to July 26, 2022. Candidates would be able to file between February 21 and March 7, 2022.

There was a bill to do this in the regular session that passed the Senate but did not come up for a vote in the House. As you may have noticed, all of the redistricting bills have been passed, and they await Greg Abbott’s signature, which I assume will happen shortly. Given that it’s not even November yet, we’re in plenty of time for that deadline. So, barring a court ruling that puts those maps on hold, I assume that the filing season will begin on November 15 as usual, with the primaries to follow in March. I haven’t seen any news stories to confirm this, perhaps because everyone had been assuming this all along, but we very much could have had delayed primaries, so I wanted to make note of this. If you have some reason to think otherwise, let us know in the comments.

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.

The Lege may fail to enshrine Abbott’s max anti-vaxx order into law

One bit of good news.

Legislation intended to block any Texas entity, including hospitals and private businesses, from mandating COVID-19 vaccines for employees has stalled out in the Senate with less than two days left in the third special legislative session this year.

State Sen. Kel Seliger, R-Amarillo, said he opposes the bill, which makes entities requiring the vaccines vulnerable to discrimination lawsuits. Seliger said the legislation — added to the session agenda as a late priority by Gov. Greg Abbott — does not have the votes to pass in the upper chamber.

“At the moment it’s not too well developed,” Seliger said of Senate Bill 51, authored by state Sen. Bryan Hughes, R-Tyler, calling it “anti-business.”

“I’ve got some real reservations because I think it’s another example of big government,” Seliger said. “And we don’t do that.”

SB 51 has been on the Senate’s calendar since Thursday, but the chamber has not taken action, even as it passed other priority legislation.

The special session is scheduled to end Tuesday, and the vaccine legislation is one of only a few outstanding Abbott priorities that appears unlikely to get through the finish line.

“It’s dead,” state Sen. Juan “Chuy” Hinojosa, D-McAllen, said of SB 51.

[…]

More than two dozen medical and business advocacy groups quickly criticized SB 51, pushing back against the legislation in the days after it was introduced last week. Hughes filed the bill after Abbott asked lawmakers last week to take up this issue to ensure Texans aren’t required to get vaccinated, saying that vaccines are “safe, effective, and our best defense against the virus, but should remain voluntary and never forced.”

Abbott called for the legislation as he took executive action to ban private companies from requiring employees or customers to be vaccinated against COVID-19, which will be in effect statewide even if lawmakers don’t act. His order came four weeks after Democratic President Joe Biden announced that federal contractors must have all employees vaccinated against COVID-19 and that businesses with more than 100 employees must mandate vaccination against the virus or require regular testing.

The organizations opposing the bill, including several chambers of commerce, the Texas Association of Business, the Texas Hospital Association, the Texas Association of Manufacturers, the Texas Hotel & Lodging Association and the Texas Trucking Association, have warned lawmakers of the legislation’s risks to small businesses, workplaces that rely on federal funding and immunocompromised Texans.

The warnings were notable in a state where business interests work closely with pro-business Republicans to influence legislation.

“We’re getting tremendous amount of communications from the business community saying this is their job,” Seliger said. “They set the rules and working conditions in their places of business.”

See here and here for some background. From the jump there were stories of strong opposition from business groups, who are normally very friendly to Republicans, to this bill. Given that the session ends today, I’d say the odds that this bill dies with it are pretty good. But I don’t want to get too overconfident, because it is entirely possible that enough objectionable pieces of that bill could get filed off, and it would be at the top of the agenda for a fourth session, whether or not one is needed. So count this as a provisional win, and hope for the best from here.

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.

The poisoned fruit of the anti-Critical Race Theory tree

Pass stupid, racist laws, get stupid, racist outcomes.

A top administrator with the Carroll Independent School District in Southlake advised teachers last week that if they have a book about the Holocaust in their classroom, they should also offer students access to a book from an “opposing” perspective, according to an audio recording obtained by NBC News.

Gina Peddy, the Carroll school district’s executive director of curriculum and instruction, made the comment Friday afternoon during a training session on which books teachers can have in classroom libraries. The training came four days after the Carroll school board, responding to a parent’s complaint, voted to reprimand a fourth grade teacher who had kept an anti-racism book in her classroom.

A Carroll staff member secretly recorded the Friday training and shared the audio with NBC News.

“Just try to remember the concepts of [House Bill] 3979,” Peddy said in the recording, referring to a new Texas law that requires teachers to present multiple perspectives when discussing “widely debated and currently controversial” issues. “And make sure that if you have a book on the Holocaust,” Peddy continued, “that you have one that has an opposing, that has other perspectives.”

“How do you oppose the Holocaust?” one teacher said in response.

“Believe me,” Peddy said. “That’s come up.”

Another teacher wondered aloud if she would have to pull down “Number the Stars” by Lois Lowry, or other historical novels that tell the story of the Holocaust from the perspective of victims. It’s not clear if Peddy heard the question in the commotion or if she answered.

Peddy did not respond to messages requesting comment. In a written response to a question about Peddy’s remarks, Carroll spokeswoman Karen Fitzgerald said the district is trying to help teachers comply with the new state law and an updated version that will go into effect in December, Texas Senate Bill 3.

“Our district recognizes that all Texas teachers are in a precarious position with the latest legal requirements,” Fitzgerald wrote, noting that the district’s interpretation of the new Texas law requires teachers to provide balanced perspectives not just during classroom instruction, but in the books that are available to students in class during free time. “Our purpose is to support our teachers in ensuring they have all of the professional development, resources and materials needed. Our district has not and will not mandate books be removed nor will we mandate that classroom libraries be unavailable.”

[…]

The debate in Southlake over which books should be allowed in schools is part of a broader national movement led by parents opposed to lessons on racism, history and LGBTQ issues that some conservatives have falsely branded as critical race theory. A group of Southlake parents has been fighting for more than a year to block new diversity and inclusion programs at Carroll, one of the top-ranked school districts in Texas.

Late last year, one of those parents complained when her daughter brought home a copy of “This Book Is Anti-Racist” by Tiffany Jewell from her fourth grade teacher’s class library. The mother also complained about how the teacher responded to her concerns.

Carroll administrators investigated and decided against disciplining the teacher. But last week, on Oct. 4, the Carroll school board voted 3-2 to overturn the district’s decision and formally reprimanded the teacher, setting off unease among Carroll teachers who said they fear the board won’t protect them if a parent complains about a book in their class.

Teachers grew more concerned last Thursday, Oct. 7, when Carroll administrators sent an email directing them to close their classroom libraries “until they can be vetted by the teacher.” Another email sent to teachers that day included a rubric that asked them to grade books based on whether they provide multiple perspectives and to set aside any that present singular, dominant narratives “in such a way that it … may be considered offensive.”

You can click over to see that rubric for what books are “good” and “bad”; it’s every bit as ridiculous and impenetrable as you think. It’s grimly amusing to see Republican legislators defend their stupid bill, in the story and on Twitter. They’re out there pleading “this isn’t what the bill says”, but what they really mean is “just teach what we agree with or else”. That was clear from the beginning, and the backtracking now is just to deflect blame.

The Trib came in a couple of days later with more on this.

The Texas law states a teacher cannot “require or make part of a course” a series of race-related concepts, including the ideas that “one race or sex is inherently superior to another race or sex,” or that someone is “inherently racist, sexist, or oppressive” based on their race or sex.

Since Texas Gov. Greg Abbott signed the anti-critical race theory bill into law June 15, reports of schools struggling to comply with it have surfaced, most notably in Southlake.

[…]

After news surfaced this week about Southlake’s Holocaust guidance to teachers, state Sen. José Menéndez, D-San Antonio, wrote a letter Thursday to Mike Morath, the Texas Education Agency commissioner, requesting a review of how school districts are implementing the law to “refute hateful and racist rhetoric in our Texas public schools.”

“When this bill passed legislators warned that racist attacks would occur. It is our job to take every step possible to ensure an open and diverse forum, without subjecting our children to racism and hateful rhetoric,” Menéndez wrote.

State Sen. Kelly Hancock, R-North Richland Hills, tweeted Thursday simply that “Southlake just got it wrong.”

He added, “School administrators should know the difference between factual historical events and fiction. … No legislation is suggesting the action this administrator is promoting.”

Paul Tapp, attorney with the Association of Texas Professional Educators, said his organization has received questions from teachers because they don’t know what they can teach. A biology teacher asked if they should give equal time to creationism and evolution.

“These are two good examples of what the dangers of this kind of law are,” Tapp said. “The point of public education is to introduce the world to students. It’s not there to protect students from the world.”

[…]

Following the Legislature’s intent may get even more complicated for schools, teachers and parents in the coming months. This December, Senate Bill 3, authored by state Sen. Bryan Hughes, R-Mineola, and passed in the state’s second special session in August, will place more restrictions on a school’s curriculum.

SB 3 says that at least one teacher and one campus administrator at each school must undergo a civics training program. Also, it says teachers cannot be forced to discuss current controversial topics in the classroom, regardless of whether in a social studies class or not. If they do, they must not show any political bias, the law says.

“What I would hope most of all is that school districts will actually read the law, and apply the law as written and not go beyond what the law actually requires them to do,” Tapp said. “As soon as I read the bills, I expected that this would be the result of it, and I don’t think we’ve heard the last of it.”

I agree, it’s just the beginning. I would point out that bills like this were in response to things like the 1619 Project, which was all about correcting historical fictions and untruths, and yet would very much get any teacher who used it in a classroom in trouble. That’s the whole reason for these laws. I guarantee we’re going to see a lot more of this kind of thing, especially in wealthy and historically conservative but now changing suburbs like Southlake and Katy, and it will be every bit as stupid and alienating and racist each time. If it hasn’t happened at a school near you yet, just wait. Slate has more.

House passes anti-trans sports bill

Disgraceful.

The Texas House approved legislation on Thursday that would restrict transgender student athlete participation in school sports, clearing a notable hurdle for supporters of the measure after similar legislation sailed through the Senate and stalled in the House three times prior this year.

House Bill 25, authored by state Rep. Valoree Swanson, R-Spring, passed with a 76-54 vote. Before Thursday’s vote, House Speaker Dade Phelan signaled that the House would have enough votes to pass the restrictive sports legislation. The bill will now head to the Senate, where it is expected to pass.

Under HB 25, student athletes in K-12 public schools would be required to compete on sports teams that correspond with the sex listed on their birth certificate received at or near the time of their birth. The legislation singles out transgender children who would be prohibited from participating on sports teams that match their gender identity.

HB 25 would not allow recognition of these legally modified birth certificates unless changes were made because of a clerical error. It’s not clear though how it will be determined if a birth certificate has been legally modified or not. According to the UIL, the process for checking student birth certificates is left up to schools and districts, not the UIL.

Transgender advocates and parents of transgender children have argued HB 25 unfairly targets children who may see sports as a refuge. And they note that bills such as HB 25 and others that have targeted transgender children this year — such as legislation that limits gender-affirming care — have already inflicted a mental toll on youth and families.

See here and here for the background. I don’t have anything new to say. This is an atrocity, it has already done a great deal of harm, and the most likely outcome, at least in the foreseeable future, is for athletes who are biologically female but who don’t look feminine enough to be harassed about their appearance. I am still waiting for the NCAA to follow through on its threatened actions, if only to serve as a reminder that this sort of crap does have some consequences. The Chron, The 19th, and Mandy Giles have 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.

Senate passes Congressional map

Start the litigation countdown. Yes, I know, this still has to pass the House, but still.

The Texas Senate approved a map Friday 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 — stymieing the growth of the state’s Democratic Party representation in Washington, D.C.

The congressional map is focused more on protecting incumbents than on growing the power of the dominant Republican Party in the state by flipping districts from blue to red. But the map, proposed by GOP state Sen. Joan Huffman of Houston, helps Republicans by increasing the number of districts that would have voted for Donald Trump in the 2020 presidential election and decreasing those that would have gone for Joe Biden.

In anticipation of federal challenges to the map, Lt. Gov. Dan Patrick, a Republican who presides over the Senate, said in a statement Friday that the proposal approved by the chamber was “legal and fair” and represented a “commitment to making sure every Texan’s voice is heard in Washington, D.C.”

[…]

State Sen. Roland Gutierrez, D-San Antonio, proposed a map that would create three additional districts where Hispanics made up the majority, bringing the number of those districts to 10.

But Republicans rejected the proposal, with Huffman saying the amendment had been drafted less than 24 hours before the Senate’s vote on the maps and would result in a “detailed and painstaking racial gerrymander” in North Texas to draw a new Hispanic-majority district in the same area as the current Congressional District 33, represented by U.S. Rep. Marc Veasey, D-Fort Worth.

Gutierrez accused Republicans of racially discriminating against voters of color.

“How else do we describe a situation where Texas gains new political power because of the physical presence of millions of Black, Brown, and Asian bodies, and yet the political establishment does not give those very Texans the ability to elect more candidates to represent them?” he said in a statement. “It is an insult to the foundations of our democracy.”

Under the proposed maps, voters of color may end up with less representation in the congressional delegation. The new map drops the number of districts in which Hispanics make up a majority of eligible voters from eight to seven, and the districts in which Black Texans make up a majority of eligible voters from one to zero.

The number of districts where whites make up a majority of eligible voters goes up to 23 although the state’s white population — which increased by just 187,252 — was swamped by the growth of people of color.

See here for more on the initial map, which looks to be largely the same as the final map. Which we know is totally fair and representative because Dan Patrick says it is. The House will likely make some changes, but it seems unlikely to be substantively different. I’ll say this much, they’ve given Harris County Democrats a new district to target, and I feel confident that any Republican who wins the new CD38 is never going to get a free pass. I’ll be interested to see who files for this on the Democratic side.

As for the coming litigation, the arguments are clear, it’s just a matter of what SCOTUS will allow in the post-Voting Rights Act world that it wants. I will say again, it’s not too late for a new Voting Rights Act to be passed. We’re going to need an upgrade in the US Senate to make that happen, I fear.

Speaking of litigation, I would love to know what the status of the Gutierrez/Eckhardt lawsuit is. That had to do with the legislative maps, not the Congressional map, but given the speed with which those maps are moving along, we will be reaching a point of no return soon. Let’s at least have a hearing on this one before events make it moot, OK?

UPDATE: I should have spent more time looking at the District Viewer, because I have just now realized that this map moves me out of CD18, where I’ve been for 30 years, and into CD29. I feel a little weird about that.

House committee advances anti-trans sports bill

They finally found a path to pass it. They sure put plenty of energy into it.

A Texas bill prohibiting transgender student athletes from joining school sports teams aligned with their gender identity is heading to the full Texas House, where it is likely to pass, following a House committee’s approval Wednesday.

After more than eight hours of emotional testimony, the House Select Committee on Constitutional Rights and Remedies voted 8-4 along party lines to advance House Bill 25. The legislation, authored by state Rep. Valoree Swanson, R-Spring, would restrict student athletes at public schools to playing on sports teams that correspond with the sex listed on their birth certificate at or near their time of birth.

Lawmakers’ attempts to enshrine such restrictions into law have failed three previous times this year. But Wednesday’s committee vote helped the legislation clear a key hurdle that increases its likelihood of becoming law this time.

[…]

During multiple legislative sessions this year, the Texas Legislature has introduced other bills targeting transgender youth, such as legislation that would limit gender-affirming care for children and classifying the care as child abuse.

The legislation advanced Wednesday is similar to Senate Bill 3, which passed in the Senate. But the upper chamber’s bill was assigned to the House Public Education Committee, in which legislators have yet to hold a hearing on the bill.

During the regular legislative session, that education committee passed legislation targeting transgender youth participation in sports, but it died in the full House after it failed to meet a key deadline. In a subsequent special session, a Democratic walkout prevented the House from even taking up legislation. And during the second special session, state Rep. Harold Dutton, D-Houston, chair of the House Public Education Committee, blocked legislation from moving to the House floor.

With HB 25 advanced by the Select Committee on Constitutional Rights and Remedies, it now heads to the full chamber. House Speaker Dade Phelan has said that the House would have enough votes to pass the legislation. More than half of House members have signed on as coauthors of similar legislation introduced in previous sessions. If the bill passes the lower chamber, it will then head to the Senate, which is likely to approve it.

[…]

Business leaders have also been critical of anti-LGBTQ legislation. René Lara, legislative director for Texas AFL-CIO, testified against HB 25, saying the legislature is not prioritizing more important matters such as labor shortage complaints stemming from the pandemic.

Texas Competes, a coalition of almost 1,500 business organizations, re-released an open letter this week saying that it was against legislation that targets the LGBTQ community. About 70 major employers signed on to the letter, including Amazon, Dell Technologies and Microsoft.

Jessica Shortall, managing director of Texas Competes, said some companies are concerned that legislation targeting LGBTQ Texans presents the state as unwelcoming to potential residents.

“We have folks that are really concerned about young talent — millennial and zoomer talent — who [are] overwhelmingly supportive, much more even than their older peers, of LGBTQ people,” Shortall said in an interview.

See here for the last update, and here for a long Twitter thread by Jessica Shortall, who was at the hearing. I’m old enough to remember when the NCAA threatened to pull sporting events from states like Texas that passed anti-trans legislation. I hope they can remember that far back, too. In the meantime, I don’t see anything that will stop this from passing. My heart is with all the children and their families who are being harmed by this legislative malevolence. The Chron has more.

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.

Senate approves its map

They wasted no time, which is another way of saying that they didn’t bother giving anyone else much time to provide input or feedback.

Definitely protecting herself

The Texas Senate has approved a new political map for its own members that would entrench Republican dominance in the chamber for the next 10 years, even as Democrats argued the changes do not reflect the interests of people of color in the state who have fueled Texas’ growth over the last decade.

The proposal, put forth by state Sen. Joan Huffman, R-Houston, was approved late Monday by a vote of 20-11 and would draw safe districts for GOP incumbents who were facing competitive races as their districts diversified in recent years and started voting for more Democrats.

Sixteen Republican incumbents would 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.

At the same time, Huffman’s proposal added no additional districts where people of color would represent a majority of the district’s eligible voters, even as Black, Hispanic and Asian Texans drove 95% of the state’s growth since the last census. Hispanics, in particular, were responsible for half of the increase of nearly 4 million people in the state’s population and now nearly match the number of white Texans in the state.

The state currently has 21 districts where the majority of eligible voters are white, seven with Hispanic majorities, one where Black residents are in the majority and two where no racial group makes up more than half of the total.

“The maps that are being proposed are not an accurate reflection of the growth of Texas,” said Sen. José Menéndez, D-San Antonio, who leads the Senate Hispanic Caucus. “Without any changes to this current map, the state of Texas could potentially go 30 years, think about that, three decades, without having added a Hispanic or Latino opportunity district.”

Menéndez proposed a map that he crafted with civil rights organizations to add one district in North Texas where Hispanics would make up the majority of eligible voters and be poised to select their preferred candidate. Hispanics are now the largest ethnic group in Dallas County. That proposal was rejected.

Upon pushback from Democratic senators, Huffman insisted that she’d drawn the maps “blind to race.”

“I have followed the law, I have drawn blind to race, I believe the maps I’ve drawn are compliant under the Voting Rights Act,” she said.

See here and here for the background. I’m sure Sen. Huffman would like you to believe what she said – she may even believe it herself – but the odds that one could reduce the number of Hispanic opportunity districts after a decade in which half the population growth was driven by that community without having a clear idea of what one was doing and why are just really small. If there’s one thing I trust about the Republicans in this process, it’s that they know what they’re doing. They might be blinkered by longer-term demographic changes – the 2011 map was supposed to be a 20-11 Republican map, as this one is supposed to be 19-12 – but there’s nothing blind about their actions. Their eyes are wide open.

Speaking of 20-11:

As Braddock notes elsewhere, redistricting is first and foremost “every person for themselves”, and the votes surely reflect that. There could have been a more aggressive gerrymander that might have made life more difficult for one of those three Democrats, but there wasn’t. And since this was going to pass anyway, this is what happens. The SBOE map was also approved by the Senate, with everyone paying about as much attention to it as I had expected. Both go to the House now, which is working on its own map.

The Senate returns to its usual crap

What an absolute disaster our state’s upper chamber is.

The Texas Senate began work Monday on two Republican voting bills that have uncertain futures — one raising criminal penalties for illegal voting and another that got a recent boost from former President Donald Trump because it would allow for audits of 2020 general election results.

Senate Bill 47 by Sen. Paul Bettencourt, R-Houston, would let state and county leaders of the two major political parties pursue audits of 2020 election results in individual counties. SB 47 also would let candidates and party officials demand audits to confirm the results of future elections.

The bill, however, is not eligible for passage because it is not reflected in the special session agenda as set by Gov. Greg Abbott, the only person with the power to call the Legislature into special session and set its agenda.

Abbott has not indicated whether he will add the topic to the session’s to-do list.

And then there’s SB 9, which would make certain types of illegal voting a felony again after the Legislature knocked the offenses down to a misdemeanor in the previous special session.

Abbott added the issue to the special session Thursday, saying the lighter penalties — changed by a House amendment in the closing days of the second special session — sent the wrong message about the state’s commitment to election integrity.

Abbott’s request, however, was snubbed by House Speaker Dade Phelan, R-Beaumont, who said House members won’t undo their “thoughtful amendments” and will instead focus on redistricting with little more than two weeks remaining in the third special session.

See here for more about the fruadit, which Bettencourt’s bill would enshrine into law as a permanent source of chaos and disinformation. Both bills were voted out of committee and have now been approved by the full Senate. In theory, neither of these will get anywhere – there’s no agenda item for a fraudit bill, and Speaker Phelan has pooped on the double-secret-illegal-voting bill – but that relies on a higher level of trust in Republican actions than I’m comfortable with. Just get these sessions over with already.

More redistricting stuff

Just a roundup of some redistricting stories. We’ll start with the DMN.

The new map, part of a process of redrawing legislative boundaries every 10 years, makes significant changes in North Texas, where Democrats likely will gain a seat held by Republican Jeff Cason. The district would move to an area made up of mostly minority voters.

But the Republican proposal also adjusts the southern Denton County district represented by Democrat Michelle Beckley to make it more favorable for a GOP candidate. Beckley has opted to run for Congress in 2022 against Republican incumbent Beth Van Duyne in Congressional District 24.

Meanwhile, the North Dallas district represented by John Turner would move west and become a majority Hispanic district in Oak Cliff and Grand Prairie. Turner is retiring after his term ends, and had he stayed, he would have been paired with a Republican Morgan Meyer.

In North Texas, Republicans had the goal of protecting their incumbents who could be in trouble during the next decade. They made alterations that now have the Dallas County seats held by Republicans Angie Chen Button of Garland and Meyer, who lives in University Park. The new maps place them in areas won in 2020 by Donald Trump, but only at a 50% to 49% margin. Those districts will remain battlegrounds as Democrats try to make Dallas County a blue oasis.

Republicans bolstered their Tarrant County seats, except for the one held by Cason, which will become more Democratic. Cason also was one of only two Republicans who voted against House Speaker Dade Phelan in January. And they made the Collin County districts represented by GOP Reps. Matt Shaheen and Jeff Leach stronger for a Republican, but as with the case in Dallas County, the Collin County seats will remain targets for Democrats.

“Republicans did their best to cement their majority and, from a partisan gerrymandering standpoint, they played this very smart,” said David de la Fuente, a senior policy analysts for the center-left group called Third Way. “They didn’t go overly aggressive for new pickup opportunities for themselves because they know that a lot of this growth that’s happening in Texas is growth that could benefit the Democratic Party, so they tried to stop losses more than anything else.”

[…]

Rep. Jasmine Crockett, a Dallas Democrats who represents District 100, which includes parts of southern and eastern Dallas County, as well as West Dallas, is upset that her district is slated to incur a radical drop in its Black population. Under the new maps, the number of voting age Black residents District 100 will drop from 34.6% to 27%. The white voting age population would increase from 22% to nearly 37%. Crockett’s voting age Hispanic population drops from 41% to 29%.

“They have taken the voice away from African Americans in my district and that’s a clear violation of the Voting Rights Act,” Crockett said. “They are spitting on the legacy of HD 100. They went too far.”

Most of the Black population lost by Crockett will be moved to the nearby District 104 that is represented by Dallas Democrat Jessica González. Her new constituents would include residents from the historic Joppa neighborhood, a community built by freed slaves. District 104 has largely changed, González said. The district now extends to Mesquite and Garland.

While she would pick up Black population from districts represented by Crockett and Rose, González said the number of eligible voters with Hispanic surnames would drop from over 50% to about 48%. That could be a Voting Rights Act violation, analysts say.

Crockett and González were vocal participants of the quorum break by House Democrats to stall a controversial elections bill.

“I’m not too shocked that it ended up being me they targeted,” Crockett said. “I kind of wear it as a badge of honor…It is still a safe Democratic seat, but partisan gerrymandering is legal and when you slice and dice communities of interests, you end up with a problem.”

State Rep. Toni Rose, D-Dallas, would also have the Black population in her district sharply reduced, and she would lose Paul Quinn College. Rose’s district would see a drop in Black voting age population–from 34% to 26%. The Hispanic voting age population in the district would rise from 58% to 63%.

Black residents represented 25% of the growth in the Dallas/Fort Worth area, according to the U.S. Census Bureau.

Well, that answers my question about what Rep. Cason did to offend the redistricting gods. Gotta say, I was under the impression that doing what was done here to Rep. Crockett’s district was called “retrogression” and it was a no-no under the Voting Rights Act. It’s not clear to me if that slicing and dicing was done for strategic reasons or just out of spite. Wait for the lawsuits, I guess.

Here’s the Chronicle:

“The map gives Republicans a slight advantage,” said Ross Sherman of the advocacy group RepresentUs, which works with the Princeton Gerrymandering Project to grade redistricting proposals. “This seems to be a trend this cycle: another map producing safe seats and insulating politicians from their constituents.”

The Gerrymandering Project gave the proposed House map a “C” in fairness for its GOP advantages. It’s the highest grade a Texas map has received so far, after proposals for congressional and state Senate maps earned “F” grades.

[…]

Speaking in general about the maps, GOP strategist Brendan Steinhauser said the Republicans tried to “lock in the gains” they earned during the 2020 election, rather than “be too aggressive” and shift blue seats their way.

The House seats currently are divided almost equally between districts that favored Republican Donald Trump and Democrat Joe Biden in 2020. The current map includes 76 Trump-led districts and 74 Biden-led districts, but the new map shifts that support to 86 in favor of Trump and 64 in support of Biden.

Texas grew by roughly 4 million people over the past decade, a surge driven almost entirely by people of color, especially Latinos. Updating the political maps is required every 10 years, to account for such shifts.

Still, the proposed House map reduces the number of majority-minority districts by voting age population. Previously, 67 districts were majority-white; the new map proposes 72 districts that have mostly white voters.

Those numbers change dramatically when evaluating estimates for adult citizens. Using those figures, the House currently has 83 majority-white districts, compared with 89 under the new map. And while the current districts include 33 with Hispanic majorities and seven with Black majorities, those numbers would fall to 30 and four, respectively.

“These maps do nothing but preserve the status quo at the expense of Black and brown Texans,” said Anthony Gutierrez, the executive director of the good-government group Common Cause Texas.

Same observation about the reduction of majority-minority districts. I mean, I get that the Voting Rights Act may as well be written on toilet paper with this Supreme Court, but it’s still theoretically the law of the land. The Republicans may have had more challenges with the State House districts because of the law that requires districts to be entirely within counties where possible, which prevented them from putting pieces of urban counties in the same district with rural counties, which was not the case for the Congress or State Senate maps. Again, I figure the lawyers will have a lot to say about all this when the dust settles.

Speaking of Congress:

In a strongly-worded letter, U.S. Reps Sheila Jackson Lee and Al Green said they oppose the Republicans’ proposed redrawing of their districts and say they were not consulted before the map was released to the public.

The map “makes radical and unneeded changes to the two local congressional districts that include the majority of Black voters in Harris and Fort Bend counties,” the letter to the Texas Senate Redistricting committee states.

There are massive changes for Harris County in the congressional redistricting plan the Texas Senate released earlier this week. The county would still have nine members of Congress, but the district lines would be dramatically altered to improve the re-election chances of current Republicans and create a new congressional seat that appears to have been drafted to ensure another Republican would be elected to Congress.

The map would have a dramatic impact on the districts represented by Jackson Lee and Green, changing who represents 200,000 mostly Black residents.

Jackson Lee’s 18th Congressional District would not only lose the Third Ward, but also downtown Houston, the University of Houston and Texas Southern University — most of those areas would instead be shifted to the 29th Congressional District, represented by Democratic U.S. Rep. Sylvia Garcia.

And the Republican map would put Jackson Lee’s home in Riverside Terrace into Green’s 9th Congressional District, meaning she would not even be able to vote for herself unless she moved. It would also put Jackson Lee’s main district office for the 18th in Green’s district, forcing her to move it.

“No other member of the large Texas delegation is so severely impacted by the proposed map,” the letter notes, pointing out at Jackson Lee’s 18th Congressional District has roots that tie back to Barbara Jordan, who in 1972 became the first Black woman to represent Texas in Congress.

I said before that Reps. Green and Jackson Lee would easily win the new districts as drawn, but what was done to them is clearly an insult. For Sen. Huffman to claim that no one got in touch with her about the maps she was drawing is disingenuous, especially when she knows what effect those maps are going to have. You have the power, you have the responsibility. Spare me the whining.

More from the Statesman:

Nonwhite residents accounted for about 95% of the population growth that gave Texas two additional seats in the U.S. House.

Despite that, the number of predominantly Hispanic congressional districts in Texas would fall from eight to seven, while majority Anglo districts would rise from 22 to 23, in the Republican-drawn map unveiled this week, said Gloria Leal with the League of United Latin American Citizens.

[…]

“Toss-up seats, which presented an opportunity for Hispanics to elect candidates of choice, were cut from 12 to one,” Leal said. “This blatant attempt to increase partisanship in districts not only results in the suppression of minority votes, but it eliminates the opportunity for Hispanics to elect a candidate of their choice in violation of the Voting Rights Act and the U.S. Constitution.”

State Sen. Joan Huffman, R-Houston and chairwoman of the committee, said the map was drawn in a “color-blind way,” without taking into account the race of residents.

“We did not consider race in drawing the maps at all,” Huffman said. “Once we drew the maps, we provided them to our legal counsel … and we are advised that they were legally compliant” with the Voting Rights Act.

Michael Li, with the Brennan Center for Justice at the New York University School of Law, testified that creating the map without regard to race is not enough to insulate it from legal challenges, particularly if lawmakers know about its adverse impact on nonwhite Texans.

Li said the proposed map raised several “red flags,” particularly in the Dallas-Fort Worth area, where Black and Hispanic populations increased sharply in the past decade, yet no new districts were created to give nonwhite voters an opportunity to elect preferred candidates. At the same time, SB 6 would move a significant Latino population from a district held by U.S. Rep. Mark Veasy, D-Fort Worth, and into an Anglo majority district that includes seven rural counties, he said.

Li also questioned changes made to District 22 — centered on Fort Bend County, one of the most diverse suburban counties in America — where the voting age population would rise to 55% Anglo, up from the current 46%. Dismantling a district where rising numbers of Hispanic, Black and Asian voters were able to create voting coalitions “raises many red flags,” he said.

Have I mentioned that the lawyers are going to be busy? I don’t have much faith in the courts, but I believe in the lawyers.

Decision Desk:

Texas gained two Congressional districts through 2020 reapportionment. One district went into Austin, which the GOP previously divided between five Republican districts in 2010. All five ended up as marginal races by 2020. This new Democratic district releases pressure on the five seats allowing them to absorb Democratic voters from other parts of the state. The second new Congressional seat is roughly the successor to the old Seventh district in west Houston, with the new TX-07 traveling between Houston and her suburbs as a new, safe Democratic seat.

TX-03, TX-06, TX-07, TX-10, TX-21, TX-22, TX-23, TX-24, TX-25, TX31, and TX-32 were all potential competitive seats in 2020. TX-15, TX-28, and TX-34 became competitive because of newfound Republican strength among South Texas Hispanics. All but one of the districts are now uncompetitive. Republican Districts gain more Republican voters, and the few Democratic held seats become more Democratic. All of the former Republican suburban seats reach deep into the rural and exurban areas and drop Democratic suburbs. Former rural and exurban seats – TX-04, TX-05, TX-08, TX-13, and TX-36 – reach deeper into the suburbs to carve up Democratic areas. The result is  districts with obtuse borders where the Democrats gained the most voters, such as the north Dallas suburbs with the new TX-04.

In South Texas, past voting rights litigation prevents Republican map-makers from exploiting recent party gains. The resulting districts resemble the present lines and stretch northwards, but the most GOP-favoring Hispanic areas are now congregated in TX-15 which makes it a potential swing district. O’Rourke did win this seat by over 10%, so the district will not be competitive if the 2020 results end up as a one-off occurrence.

Texas mappers still found ways to cater to their protected incumbents. In TX-10, Senior Republican Michael McCaul gets a district that squiggles narrowly around Austin from his neighborhood west of the city to rural Texas. New TX-06 Republican Jake Ellzey’s district takes in more rural areas where he is better known and loses Arlington Republican voters who backed Susan Wright during the 2021 Special Election. TX-25 previously did not include Republican Roger Williams’ base in Weatherford, west of Fort Worth. Now it does.

Republicans also released their proposed Legislative and Board of Education district maps, which can be viewed here. Biden in 2020 and O’Rourke in 2018 won a majority or a near-majority of districts on the former maps for these bodies, so Republican mappers were even more desperate to gerrymander these lines. Both maps protect incumbents in a similar manner to the Congressional plan with the rural and exurban areas reaching into the suburbs. The legislative plans however go beyond incumbent protection and each attempt to carve up a marginally Democratic seat in the Dallas-Fort Worth Metroplex. 

The desire to protect incumbents may end up dooming State House Republicans in future years. County nesting requirements prevented the GOP from linking the Republican dominated rural areas to the suburbs. By giving former Biden-District Republicans seats Trump won, other, formerly safe Republican seats needed to take in Democratic voters. Even more districts than previously become marginal districts that could potentially swing heavily away from the GOP.

Voting rights litigation is a constant factor in Texas redistricting. For example, plaintiffs forced Texas Republicans to draw the new Dallas-based TX-33 into a Hispanic Democratic seat in 2010 (initial 2010 map here). This new Congressional gerrymander disadvantages minority communities across the state, especially since nearly all of Texas’s recent growth came from minority groups. The proposed TX-23 is only 60% Hispanic compared to the 80% or higher in other South Texas seats, limiting minority opportunity. TX-27 has several majority Hispanic counties, including the city of Corpus Christi, inside a seat where White voters historically pick the representative. TX-38 could be a second, overwhelmingly Hispanic seat in the Houston area. TX-18 was previously an African American district, but is here majority Hispanic, an example of regression. Fort Worth minority voters are distributed between four Districts and there could be a fourth minority seat in the region. A majority-minority coalition seat can be drawn in the suburbs north of Dallas. Expect this criticism and more to potentially be levied in future court cases.

I suspect he means that only CD15 is competitive, but CD23 is only Trump+7, which seems competitive enough to me. I also think that over time several others will become more competitive as well, if these districts are allowed to go into effect as is. I’m sure there will be changes, and then of course the lawsuits, though as we well know they will take years to resolve. What we eventually get here is what we’re going to have for awhile. The Current and the Trib have more.

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.

Initial Senate and SBOE maps approved by committee

Still a lot of changes likely to come.

A panel of lawmakers on Tuesday advanced draft maps of the Texas Senate and State Board of Education, sending both to the full upper chamber for further debate.

The maps, both authored by state Sen. Joan Huffman, a Houston Republican who leads the Senate Special Redistricting Committee, will likely see further changes before the Legislature sends them to Gov. Greg Abbott’s desk for the signature. The initial drafts of both maps have so far attempted to strengthen Republican majorities by protecting incumbents and creating more GOP-friendly districts.

Senate Bill 4, the draft of the Senate’s 31 district map, was tweaked by lawmakers before the chamber’s redistricting committee approved it along a 12-2 vote.

One of the more notable changes, offered in amendments by Huffman, involved Senate District 10, which is represented by state Sen. Beverly Powell, D-Burleson. In the latest draft, the district — which is currently contained in Tarrant County and voted for President Joe Biden during the 2020 general election — was redrawn to include parts of the more conservative Parker and Johnson counties as well as other GOP-leaning surrounding areas in the state. The Senate’s first draft would have included parts of Tarrant County along with Parker and Johnson counties.

After that first draft was released, Powell argued that the proposed map would be “a direct assault on the voting rights of minority citizens in Senate District 10 and, if adopted, it would be an act of intentional discrimination.” At the time, Powell said the latest census data showed that her district’s population was already “nearly ideal” — but on Tuesday, Huffman said that neighboring districts had to also be accounted for before emphasizing that her proposals had been “drafted blind to racial data.”

Another change before Tuesday’s vote involved Senate Districts 22 and 23, which are represented by state Sens. Brian Birdwell, R-Granbury, and Royce West, D-Dallas, respectively. The amendment, authored by West but laid out by state Sen. Judith Zaffirini, D-Laredo, would swap several precincts between the two districts, including some in Tarrant County from Senate District 22 to 23. Zaffirini said the move would keep both districts within the acceptable population deviation.

See here for the background on the Senate maps. You can see the initial map here and the committee substitute map that was approved here, with more data on the plan here. SD10, which as noted goes from having some of Tarrant plus all of Parker and Johnson to having some of Tarrant, some of Parker, all of Johnson and all of a few smaller counties west of there, is the main difference. As noted, the House still gets to have input – by tradition, each chamber gets first crack at its own map – so expect further changes.

In addition, there may be some complaints from unexpected places.

Montgomery County commissioners urged the Texas Legislature to reconsider the proposed redrawing of state congressional maps that would dilute the county’s conservative representation by adding a third senate district.

County Judge Mark Keough said he traveled to Austin last week to express the county’s “disapproval” of the redistricting plan.

[…]

Currently, Keough explained, Montgomery County has two senate districts. However, the proposed changes would add a third district that would divide Magnolia and extend Harris County districts into Montgomery County.

“We are deeply concerned about this as we move forward,” Keough said.

The story keeps talking about the Congressional map while these MoCo folks are whining about the Senate map; it’s annoying and confusing. The current Senate map has SDs 03 and 04 in Montgomery, while the new maps move SD03 out and move pieces of SDs 07 and 17 in, to bolster those incumbents from the ravages of a bluer Harris County. Their complaints had no effect on the committee, but there’s still time for them to make a case to the rest of the Lege.

Back to the Trib story:

The committee unanimously approved the draft of the State Board of Education map on Tuesday, without amendments. The board is a 15-member, majority Republican body that determines what millions of public school students in the state are taught in classrooms. Nine Republicans and six Democrats currently sit on the board.

The current version of that map did not make any changes to the racial breakdown of the board’s 15 districts — based on eligible voters, Hispanic residents make up a majority in three of those districts, 10 districts with white majorities and two have no majority.

See here for the background on the SBOE map, whose demographic breakdown makes no sense to me, but here we are. Maybe this time it will be part of the inevitable litigation.

Trans kids are still fighting for their right to not be dehumanized

The toll being taken on them, it’s inhumane.

Karen Krajcer and Linzy Foster are two friends familiar with the hallways of the Texas Capitol.

During this year’s regular legislative session and two subsequent special sessions that followed, the two mothers have shown up with a handful of other parents to advocate for their children who have been caught in the crosshairs of a slew of bills that target young transgender Texans.

Now, with the Legislature’s third special session underway, the two friends are enduring another round of visits and demonstrations as legislators again debate a top Republican legislative priority: restricting transgender youth from playing on sports teams that are consistent with their gender identity.

“It just keeps on happening, it’s ridiculous,” Krajcer, a mother to a 9-year-old, said about the amount of bills filed during sessions that have targeted LGBTQ Texans. “This is the fourth round this year. … Why are we still having to do this?”

It has now moved to the House and on Monday was referred to the House Public Education Committee, where last time state Rep. Harold Dutton, D-Houston, blocked similar legislation from reaching the House floor. During an interview at The Texas Tribune Festival on Friday, House Speaker Dade Phelan said the House would have the votes to pass the legislation should it head to the House floor.

The bill would require student athletes at K-12 public schools to play on sports teams that correspond with the assigned sex listed on their birth certificate as it was issued at or near the time of their birth. The University Interscholastic League, which governs school athletics in Texas, already uses students’ birth certificates to confirm their gender, and also accepts modified birth certificates a student may have had changed to align with their gender identity. SB3 would end that acceptance.

Although the sports bill and other bills targeting transgender youth, such as those that would limit gender-affirming care, have not become law in Texas, LGBTQ advocates and the transgender community have expressed that the simple possibility has already exacted a mental toll on transgender youth. And with a third special session now underway, parents of transgender children have only seen the frustration — and exhaustion — grow among their families.

I find it exhausting – and infuriating – just to write about this stuff. I can’t begin to imagine how hard it must be on these parents and children, who have done nothing to deserve such a sustained assault. I don’t know what happens from here, if we’ll get the good version of Harold Dutton who plays gatekeeper, or if he’s having another fit of pique and lets it get to the floor. Even if it doesn’t get approved this time, there will surely need to be at least one more session to finish off redistricting, and that means one more chance for the likes of Charles Perry and Dan Patrick to use trans kids as punching bags. There’s only one way to make this stop, and we all know what that is.

First proposed Congressional map is out

It’s a thing.

Texas lawmakers on Monday released their first draft of a new congressional map for the next decade that includes two new districts in Austin and Houston — metropolitan areas with diverse populations tht fueled much of the state’s population growth over the past 10 years.

Republicans constructed this map with incumbent protection in mind — a strategy that focused on bolstering Republican seats that Democrats targeted over the last two election cycles rather than aggressively adding new seats that could flip from blue to red. However, the map does in fact strengthen Republican positioning overall, going from 22 to 25 districts that voted for Donald Trump in 2020. The number of districts that voted for Joe Biden would shrink by one, from 14 to 13.

Texas members of the House GOP delegation were closely involved in the drawing process and approved the map last week, according to two sources close to the Texas delegation.

While many incumbents appear safe in these maps, others were drawn into districts that overlap with one another — for example the proposed map pits Houston Republican Rep. Dan Crenshaw against Democrat Rep. Sylvia Garcia. It also pits two Houston Democrats — Reps. Al Green and Sheila Jackson Lee — against each other.

The maps were proposed by state Sen. Joan Huffman, R-Houston, who leads the chamber’s redistricting committee.

[…]

Huffman’s first 38-district proposal would widen the gap between the parties, creating 25 districts that voted for Trump in 2020 and 13 that voted for Biden.

The racial makeup of the congressional maps is also expected to change as Texas added two new congressional seats based on last decade’s population growth, which was mostly driven by people of color. Based on eligible voters, the current map includes 22 districts with white majorities, eight with Hispanic majorities, one with a Black majority and five that have no majority. The newly proposed map includes 23 districts with white majorities, seven with Hispanic majorities, none with a Black majority and eight that have no majority.

Available data can be found here. Patrick Svitek has some numbers, which I’ll summarize briefly:

– Of the 14 districts carried by Biden in 2020, 12 were carried by him under this map. The exceptions are Republican-held CD24, which goes from Biden +5 to Trump +12, and Democratic-held CD15, which goes from Biden +2 to Trump +3. That may make CD15 the new CD23, which went from Trump +1 to Trump +7.

– Of the two new districts, CD37 in Travis County is deep, dark blue (Biden +53), while CD38 in Harris County is Trump +18. Let’s just say I don’t think it will remain that red over time.

– Regardless of what the story says, it seems clear to me that Reps. Crenshaw, Green, Jackson Lee, and Garcia would run in and win the same-numbered districts as they have now.

– Reps. Colin Allred and Lizzie Fletcher get much bluer districts. Maybe that makes them vulnerable to primary challenges, I don’t know. Rep. Henry Cuellar in CD28 gets a district that is less favorable for his 2020 primary challenger, Jessica Cisneros.

– Overall I think I agree with Michael Li:

This map uses the same strategy as the Senate and SBOE maps in that it shores up a Harris County incumbent (in this case Crenshaw) by extending his district into Montgomery County, and shores up some other incumbents (see in particular Reps. Williams in CD25 and Carter in CD31) by making their districts more rural. As the meme says, it’s a bold strategy, we’ll see how it works for them.

The Chron focuses on the Harris County piece of this, with the following observation:

A spokesman for Wesley Hunt, a Republican who ran against Fletcher in 2020, said the former Army helicopter pilot would run for the new District 38 seat if lawmakers were to adopt the initial map proposal.

Hunt had previously announced he was running in 2022 but had yet to settle on a district while awaiting the proposed map.

That sound you hear is me rolling my eyes, and yes I am rolling them hard enough for it to be audible. The Texas Signal has more.

Four House members to step down

In order of announcement…

Rep. Scott Sanford.

Rep. Scott Sanford

State Rep. Scott Sanford, a Republican from McKinney, announced Sunday he is not running for reelection, citing his family, especially his grandchildren.

“As the legislature embarks on its third special session, I’m reminded of the seasonality of government. It ebbs and flows as it follows its constitutional guidelines, the needs of the citizens and the reality of political processes,” he said in a news release.

“Life also has its season, and Shelly and I are thrilled to now be in a new season as grandparents. Even more exciting, our second grandchild is expected to arrive soon. In the midst of changing life seasons and a personal evaluation of priorities, I have made the prayerful decision to not file for re-election,” he added.

Sanford represented the 70th District in the House since 2013. The 57-year-old also serves as a pastor at Cottonwood Creek Church in Allen.

I have no clear impression of Rep. Sanford, he’s basically a generic Republican to me. His HD70 in Collin County is on the far outer fringes of competitiveness after moving moderately left over the decade. It’ll be interesting to see if the Republicans try to shore up a district like that or leave it more or less as is while they triage higher priority areas of need.

Rep. Celia Israel.

Rep. Celia Israel

State Rep. Celia Israel, D-Austin, announced Wednesday she will not seek reelection and instead explore a run for Austin mayor next year.

“The heartbeat of a city is people from all walks of life working together and learning from each other,” Israel wrote on social media. “That’s why I’m proud that the founding core of my exploratory committee is diverse, with a broad array of lived experiences.”

Israel has represented House District 50 since 2014. The Austin-based district is safely Democratic, though its boundaries are likely to change before the 2022 election due to the redistricting process that is currently underway in the Legislature.

Israel has been an advocate for the LGBT community in the lower chamber, helping start the Texas House LGBTQ Caucus in 2019. She has also been outspoken about abortion rights, and she was one of the House Democrats who left the state in July to protest the Republican elections bill.

The Austin Chronicle had the news earlier. I’m a big fan of Rep. Israel, and if I lived in Austin she’d be high on my list for Mayoral candidates. If she wins I hope she sees that as a potential step towards a future statewide run, because we could definitely use someone like her in the executive wing of the Capitol.

Rep. Chris Paddie.

Rep. Chris Paddie

State Rep. Chris Paddie, a Marshall Republican who chairs the powerful House State Affairs Committee, said Wednesday he will not seek another term in the lower chamber.

The news comes less than a month after Paddie, who has represented House District 9 since 2013, announced he would run for reelection.

In a statement, Paddie said that as the Legislature undergoes the redistricting process, he had “decided that the timing is right to spend more time with my family and allow my East Texas colleagues to spend time fighting for our values instead of having to make some of the tough choices required.”

“Serving in the Legislature is not a career, but a way to serve your neighbors,” Paddie said. “I remain fully committed to advocating for good public policy and will continue do so in non-elected avenues of public service.”

Rep. Paddie, like Rep. Sanford, is one term away from being vested in the generous legislative pension system. He must really be done. I know that the local wingnuts have had it in for him, so maybe this was just enough. He was certainly conservative, but he had policy chops and took the job seriously, and I give him credit for that much. The default Republican these days is Briscoe Cain, and Paddie’s successor will very likely be a Cain clone, so in that sense his retirement is a loss to the Lege.

Rep. Jim Murphy.

Rep. Jim Murphy

State Rep. Jim Murphy, R-Houston, announced Thursday he will not seek another term to the Texas House.

Murphy, who represented House District 133 from 2007-09 and again since 2011, chairs the House GOP Caucus and the House Higher Education Committee.

He announced in June his intention to seek reelection, saying in a news release that while the Legislature “accomplished a lot” during the regular legislative session that ended in May, “unfinished business still remains.”

On Thursday, though, Murphy said he is “just looking forward to life’s next great opportunity” and that it had been “an honor and privilege” to serve the constituents of HD-133.

Maybe he reads my blog. Murphy is also in a fringe-competitive district, one that may be a bigger challenge to stay as red given the trends in Harris County and the need of Republicans to shore up some other districts. He was very helpful in getting pension reform passed a couple of years ago, and like Rep. Paddie more about doing things than posturing and complaining. We’ll see if his replacement, if Republicans hold the seat, is like that or not. I’d bet on “not”.

Finally, on a semi-related note, there are five candidates in the special election to replace former Rep. Leo Pacheco in HD118, three Dems and two Republicans. Early voting starts for it on Monday. It’s highly unlikely that anyone will get seated while the Lege is still in session, but for symbolic reasons if nothing else it would be nice for the Dems to not fumble this one.

First new SBOE map proposed

That’s two down, two to go.

The Texas Senate on Monday released its first draft of a new map for the State Board of Education, which attempts to reinforce the GOP majority within the 15-member, Republican-dominated entity that determines what millions of public school students in the state are taught in classrooms.

The map is likely to change as it makes its way through the legislative process, which began formally Monday as the Legislature kicked off its third special session of the year. Lawmakers have been tasked with redrawing district maps for the board, the state House and Senate as well as the state’s congressional seats. They will craft those maps using the latest census data, which showed that people of color fueled 95% of the state’s population growth over the past decade. The proposals will have to be approved by both chambers and signed by Gov. Greg Abbott.

Nine Republicans and six Democrats currently make up the State Board of Education. During the 2020 general election, seven of those 15 districts went to President Joe Biden — though, under the Senate’s proposed map, only five would favor Biden and one would be considered a toss-up seat.

Districts 6, held by Republican Will Hickan of Houston, and District 12, held by Republican Pam Little of Fairview, both went to Biden narrowly in the 2020 election. Those two districts would be retooled under the Senate’s draft to include more Donald Trump voters and give Republicans a more comfortable majority. District 2, which favored the Republican former president in 2020 by a few percentage points, would be evenly split among Biden and Trump voters. That district is currently held by Ruben Cortez Jr., a Brownsville Democrat.

The special session, which can last up to 30 days, is expected to focus largely on redrawing the state’s political maps, along with a host of other issues set by Abbott. Since the GOP holds majorities in both chambers, the redistricting process will be in the hands of Republicans, who will work to best position their party for the next decade.

You can see an image of the proposed map in the story, and in this Twitter thread, or you can get all fancy and look in the District Viewer, which lets you zoom as far in as a Google map would. You can see the current map here for comparison, and my 2020 precinct analysis is here. This person projects that the split would remain 9-6 based on 2020 data, though SBOE2 is close, with the Dems having about a four or five point advantage. SBOE5, the district we picked up in 2020, becomes more solid blue, while districts 6, 10, and 12 become redder.

The strategy, based on the shrinking rural areas plus the booming – and blueing – suburbs, is combining rural districts with pieces of suburban, and in some cases urban, counties. Look at SBOEs 9 and 14, for example, both of which now include pieces of Dallas County, with SBOE14 picking up much of Denton as well. Dallas County wins the “prize” of having the most districts in it with five – Harris only has three. On the other end is SBOE6, which is following the SD07 plan of carving out a piece of Montgomery County to fend off the blue tide in Harris. SBOE8 cedes most of Montgomery to SBOE6 and picks up a piece of Fort Bend in return. SBOE12 went from being all of Collin County and about a fifth of Dallas and nothing else to being all of Collin, a much smaller piece of Dallas, and a bunch of mostly Red River counties that had previously been in SBOE 9 and 15. I have think that SBOE9 incumbent Keven Ellis, who hails from Lufkin, is not too pleased to see so much of his district now in the Metroplex.

Anyway, this is the first map. The House will surely have its own maps on offer, and there will be revisions. I don’t see any other files on the Texas Redistricting site right now, but I’m sure they will appear soon enough. In the meantime, at least at first glance, this is more of a status quo map than anything else, in that the most likely scenario is the same 9-6 mix we have now. But SBOE2 could fall in a bad year or if the 2020 trends continue, and SBOE3 is more Republican at 43% than any of the currently red districts are Democratic (they all top out at 40 or 41), so the short-term potential for flips favors the GOP. We’ll see what happens from here.

Here’s your first proposed Senate map

Behold. This dropped on Saturday afternoon while normal people were running errands or watching college football, so commentary and coverage is limited at this time. Here’s one view:

Other data is here. I don’t see past election results, but it’s clear at a glance that SD10 would become Republican. As for the rest, and for other maps, we’ll have to see. Even with more sophisticated technology, the first map is never the final map, so expect to see some variations soon. Thanks to Reform Austin for the heads up.

UPDATE: Here’s coverage from the Trib. Sen. Powell, who is clearly targeted by this map, is not happy about it.

State Sen. Beverly Powell, D-Burleson, immediately called foul on the initial draft of the map, which was authored by Sen. Joan Huffman, R-Houston, who chairs the Senate Redistricting Committee.

“The proposed State Senate map is a direct assault on the voting rights of minority citizens in Senate District 10 and, if adopted, it would be an act of intentional discrimination,” she said in a statement. “The 2020 census revealed the population of Senate District 10 is nearly ideal. There is no need to make any changes to district lines. Moreover, since 2010, the minority population percentage within the district increased dramatically while the Anglo percentage has dropped. The changes now proposed are intended to silence and destroy the established and growing voting strength of minority voters in Tarrant County.”

[…]

Since the enactment of the Voting Rights Act in 1965, Texas has not made it through a single decade without a federal court admonishing it for violating federal protections for voters of color.

“The release of the proposed map is only the beginning of the fight. I’m proud to be the candidate of choice of minority citizens in Senate District 10 and will do everything within my power to stop this direct, discriminatory, and illegal attack on their voting rights,” Powell said.

She has a point, and then-Sen. Wendy Davis was able to negotiate a settlement last decade that took the Senate map out of the litigation. I just don’t expect her to get much reception from the courts.

A gold-plated dud

Just a dumb story all around.

When state lawmakers decided in 2015 that Texas needed to be the only state to have its own precious metals depository, supporters said there were plenty of reasons the project would be a gold mine.

The University of Texas/Texas A&M Investment Management Co., which handles the schools’ endowment, owned hundreds of millions of dollars-worth of gold as an investment, stored for a fee in a New York City vault. A state-owned depository “will repatriate $1 billion of gold bullion from the Federal Reserve in New York to Texas,” Gov. Greg Abbott said.

Citizens, too, were clamoring for an independent-minded location they could trust with their valuables. “When I first presented this, to be honest with you, we got hundreds and hundreds of people from all over the world, really, who wanted to be able to put their gold in something that has the Texas banner above it,” said Rep. Giovanni Capriglione, R-Southlake, the bill’s author. “This doesn’t work in Wisconsin, it doesn’t work in Idaho.”

Best of all, because the state would find a private partner to build and own the physical depository, it would cost taxpayers nothing. The enterprise would even reap a big profit for Texas. “We estimate that we could raise tens of millions of dollars in fees,” Capriglione testified.

More than three years after the depository opened, none of those things has happened. Yet earlier this year state lawmakers quietly voted to let the state borrow millions of dollars to bail out a project created to fix a problem that didn’t exist, and which they had vowed would cost nothing.

“It’s ridiculous,” said Sen. Kel Seliger, R-Amarillo, one of only two senators to oppose the bill. “I don’t think the State of Texas should be in the commercial real estate business, or the gold bullion business.”

The UT/A&M investment company liquidated its gold more than a year ago without moving any bullion back to Texas. A spokeswoman said the agency currently owns no precious metals and so has no need for storage. No other state entity has metal at the Texas depository.

In the time since state leaders created the Texas facility, two large private competing depositories have also opened, in Shiner and Dallas. Officials said Texas Bullion Depository is currently less than 10 percent full. Taxpayers, meanwhile, have yet to see a penny from the enterprise.

Worse, the state’s partner, Lone Star Tangible Assets, recently revealed it is looking to sell the new facility, placing the state at risk of losing control of the entire enterprise. In response, two months ago legislators gave Comptroller Glenn Hegar permission to borrow up to $20 million to buy it.

How a project touted as a golden opportunity for taxpayers devolved into a bait-and-switch that could instead cost millions is a classic tale of government mission creep. It also raises new questions about the odd-couple partnership between the State of Texas and the high-volume precious metals sales industry, a sector that has inspired numerous warnings and enforcement actions from federal and state regulators, including the Texas attorney general.

“When I saw this, I thought, ‘This is going to be embarrassing for the State of Texas,’” said Paul Montgomery, a precious metals dealer and appraiser who has worked with regulators to bring cases against coin dealers who scam investors.

I don’t think you can claim that people were “clamoring” for this without citing some evidence of said clamor. There are enough gold bugs in the state that I can believe some people wanted this, but in the big picture that would be little more than a murmur. Be that as it may, here we are. I remember this as it was happening, and I definitely remember thinking it was deeply dumb, but I figured it was the mostly harmless kind of dumb. I never bothered to blog about it because once you link to the story and say “this is dumb”, there’s really nowhere else to go.

This will cost us a few million bucks, but in the grand scheme of things that’s a rounding error in the budget. Compared to Greg Abbott’s border wall extravaganza, this is peanuts. Everyone should mock Rep. Capriglione for the rest of his life because of this, but beyond that it’s not worth the effort. Honestly, in some ways this is almost charming, like the kind of old-school dumbassery that powered a million Molly Ivins bon mots. We’d be in a much better place if this were the biggest outrage of the 87th legislative session.

Get ready for redistricting

The next special session starts Monday, and we should expect to see proposed redistricting maps. It’s going to be a rough few weeks, in part because the guardrails are gone, which will allow Republicans to run amuck.

The 2020 census captured a Texas that does not exist in its halls of power: a diverse state that is growing almost exclusively because of people of color and where the Hispanic and white populations are nearly equal in size.

But when the Texas Legislature convenes Monday to do the work of incorporating a decade’s worth of population growth into new political maps, the Republicans in charge — nearly all of whom are white — will have a freer hand to cement their power and try to shield themselves from the change that growth represents.

The 2021 redistricting cycle will mark the first time in nearly half a century that a Legislature with a lengthy record of discriminating against voters of color will be able to redraw political districts without federal oversight designed to keep harmful maps from immediately going into effect.

And now, once those maps are enacted, the voters of color and civil rights groups that for decades have fought discrimination in the courts may face a federal judiciary less willing to doubt lawmakers’ partisan motivations — even if they come at the expense of Hispanic and Black Texans.

“I hate to be an alarmist. I want to look for the silver lining, but I don’t see one,” said Jose Garza, a veteran civil rights attorney who has represented the Texas House’s Mexican American Legislative Caucus for a decade. ”I think that this is a time of great opportunity for the Republicans.”

You can read the rest – none of it is unfamiliar. Tensions are already high due to the quorum break plus the general unhinged racism from state leadership. The early word is that State Senators have already seen a draft map, which will be drawn to be 20-11 for the Republicans, a net loss of two seats for the Dems if it works out that way. The Cook Political Report expects the eventual Congressional map to add two Republican seats to the existing total. It’s going to be fun, just wait and see.

All this assumes that the Lege is allowed to draw non-Congressional maps, which remains a matter of dispute.

Texas Attorney General Ken Paxton has asked a federal judge to dismiss a lawsuit filed by two Democratic state senators against Gov. Greg Abbott over his plan to redraw political districts during an upcoming special session of the Legislature.

In a Wednesday motion, the attorney general’s office argued that the lawsuit is “wrong about Texas law” and is “inconsistent with past practice and judicial precedent.” It asks that the lawsuit be dismissed or suspended until after the redistricting process is concluded.

The lawsuit — filed Sept. 1 by Sens. Sarah Eckhardt, D-Austin, and Roland Gutierrez, D-San Antonio — argues that the state constitution explicitly requires political districts in the state to be redrawn during the first regular session after the publication of the U.S. census.

[…]

The lawsuit argues that a federal judge has the “exclusive obligation” to draw temporary maps to be used in the 2022 elections and that the legislative redistricting process should wait until 2023, when the next regular session is scheduled to occur.

The senators’ “theory — which seeks to exploit delays in the federal census caused by the COVID-19 pandemic — turns the Texas Constitution on its head,” reads the motion from the attorney general’s office. “That provision prescribes what the Legislature must do, but neither it nor any other provision prohibits the Legislature from redistricting at other times when circumstances call for it.”

See here for the background. I have to assume some kind of ruling is close at hand, if only to prevent future messes. I have not seen any indication of a hearing date, however, so who knows. In any event, enjoy your last weekend before new maps get drawn.

Special session 3.0

Yeah, we knew it was coming. Still too soon.

Gov. Greg Abbott on Tuesday announced a third special legislative session that will begin on Sept. 20 and tackle redistrictingrestrictions on transgender student athletes and the ongoing COVID-19 pandemic.

“The Texas Legislature now has the opportunity to redraw legislative and congressional districts in accordance with the new census numbers,” Abbott said in a statement. “In addition to redistricting, there are still issues remaining that are critical to building a stronger and brighter future for all Texans.”

Lawmakers, who will meet in Austin for the fourth time this year, will also be tasked with allocating $16 billion in federal COVID-19 relief funds and with deciding whether state or local governments can mandate COVID-19 vaccines. Abbott also included on his five-item agenda a bill that would ban the tethering of dogs outside with heavy chains, which he had vetoed earlier this year. Abbott asked lawmakers to address concerns he had about the specificity of the bill and “over-criminalization.”

The Legislature just wrapped its second overtime round on Thursday, delivering on major conservative priorities like an elections law that restricts how and when voters cast ballots, a ban on how teachers can talk about race and history in classroomsbillions of dollars in additional border security funding and further restricting abortion access.

But lawmakers failed to deliver on two issues pushed by the GOP base: requiring transgender student athletes to play on teams based on the gender assigned to them at or near birth, and banning COVID-19 mandates.

Abbott had asked lawmakers to ban mask mandates in schools during the second special session but lawmakers could not get that proposal over the hump. Now, Abbott is asking the Legislature to decide whether state or local governments can mandate COVID-19 vaccines.

The bills about transgender student athletes and COVID-19 mandates will likely turn up the heat on an already contentious 30-day session. Lawmakers will take up their decennial redrawing of the state’s political maps, meaning some legislators will be fighting for their political lives. (Redistricting usually takes place during the first legislative session after the census, but it was delayed this year because of setbacks spurred by the coronavirus and the Trump administration’s handling of the census data.)

Like I said, we knew it was coming. I don’t know if the lawsuit that was filed by two State Senators to stop legislative redistricting will be successful, but I have to assume there will be a ruling of some kind before this session gets underway. The continued assault on trans kids is sadly unsurprising; the lack of a fraudit item is at least temporarily hopeful. I mean look, none of us want another special session. I’m sure that wearing us all down is part of the plan. But here we are anyway. Oh, and Abbott et al will try to do a bit of cleanup on the so-called “heartbeat bill” since none of them know how to talk about the lack of a rape or incest exemption. So we have that to look forward to as well.

The silence of the businesses

What if they passed a law that effectively nullified Roe v Wade and no one reacted? And by “no one”, I mean the businesses that had previously stood up for abortion rights in 2019 when multiple state legislatures were trying to pass other onerous restrictions?

In 2019, almost 200 corporate leaders stood up for abortion rights. Amid a rash of antiabortion legislation throughout the U.S. South, they said: no more. Abortion restrictions are bad for business.

On Wednesday, Texas enacted an abortion ban stricter than the ones that proliferated two years ago, thanks to its unprecedented “bounty hunting” clause that allows private citizens to sue anyone who “aids and abets” an abortion conducted after six weeks of pregnancy. And yet this time around, the business backlash is missing.

“Their silence is shameful,” says Shelley Alpern, director of shareholder advocacy for Rhia Ventures who has worked to galvanize companies around reproductive rights. “Their very integrity is at stake.”

So why aren’t companies speaking up?

[…]

One reason companies have stayed silent is that—like their employees—firms have a lot on their plate in 2021. Their workforces are scattered remotely; the Delta variant is delaying return-to-office plans; COVID cases continue to rise. News about abortion bans didn’t dominate the news cycle leading up to this law in a way that pressured corporate leaders to respond. Texas’s abortion ban going into effect at midnight Wednesday—and the Supreme Court’s official decision not to intervene almost 24 hours later—took many people by surprise. “The overall level of corporate awareness around Texas is very slim,” says Jen Stark, senior director of corporate strategy for the Tara Health Foundation, an organization that advocates for gender equity and access to reproductive health care. “Some of this is pure bandwidth and capacity.”

But now that the Texas law is in effect, will companies finally speak up? Fortune reached out to about a dozen companies—from startups to Fortune 500 businesses—with a significant employee presence in Texas, including those that moved operations to the state over the past year. Most did not respond to a request for comment.

Bumble, the dating app business based in Austin, declined to comment but posted on Instagram that the company had created a “relief fund” to support people who seek abortions in Texas amid what the company called a “regressive law.” Bumble, led by CEO Whitney Wolfe Herd, is known for its outspokenness on issues of gender equity and has engaged in the Texas political process in the past, lobbying for legislation to penalize the unsolicited sending of lewd images.

The strongest Texas corporate response came from dating app competitor Match Group, which is headquartered in Dallas. Tinder, a Match company, signed the 2019 letter advocating against abortion restrictions. Match CEO Shar Dubey told employees on Wednesday that she would “set up a fund to ensure that if any of our Texas-based employees or a dependent find themselves impacted by this legislation and need to seek care outside of Texas, the fund will help cover the additional costs incurred.”

“The company generally does not take political stands unless it is relevant to our business,” Dubey wrote in a note to employees. “But in this instance, I personally, as a woman in Texas, could not keep silent.”

Employers are engaged on issues of gender equity; the challenge ahead for reproductive rights activists is to get companies to see abortion rights as part of their gender equity commitments. That’s a view already shared by large shares of their workforces; according to a new survey conducted in August by research firm PerryUndem, two-thirds of the college-educated workforce says Texas’s SB 8 would discourage them from taking a job in the state.

Companies that spoke out in favor of abortion rights in 2019 said that restricting access “threatens the health, independence, and economic stability of our employees and customers.”

Stark, of Tara Health, rallied companies to sign the 2019 letter on abortion bans but has had mixed success in the years since getting businesses to speak up for reproductive rights at subsequent junctures. “If they don’t feel the squeeze, they try to run out the clock as long as they can,” Stark said of the challenges of getting companies to join these efforts.

There’s a Times story along the same lines. Companies respond to pressure, and right now they’re not feeling enough of it. There’s a lot of other news out there – 2019 was before COVID, after all, so the environment was different – and people are dealing with a lot. But we could also talk about the lack of response following the passage of the voter suppression bill, whose introduction earlier this year generated a lot of pushback as well but nary a peep this time around. (Same for the various anti-trans bills, though at least they still have not passed.) It’s hard to maintain energy and focus against an enemy that never quits. It’s never too late to start responding – we will have elections next year, remember – and of course the federal government could respond as well – like the business community, they also act when they feel the heat. But we do need to put that heat on all of them, because the next thing you know we’ll be onto whatever the next thing is. Daily Kos has more.

Sine die’d

Special session 2.0 is over. And what a lousy thing it was.

The Texas Legislature adjourned its second special session Thursday evening, ending a nearly 30-day stretch that was called to pass a GOP elections bill after House Democrats carried out a weekslong quorum break to block the passage of that legislation during the summer’s first overtime round.

The two chambers gaveled out minutes apart after giving final approval to a number of Gov. Greg Abbott’s agenda items, including so-called critical race theory legislation and a bill that will, among other things, restore funding for the Legislature itself.

The House adjourned first, with House Speaker Dade Phelan, R-Beaumont, wishing members a happy Labor Day weekend before gaveling out.

Over in the Senate, Lt. Gov. Dan Patrick told senators he was proud of their work and nodded to another yet-to-be-called special session that will focus on the redistricting process in the coming weeks — where lawmakers will draw new political maps for the state’s congressional delegation, the Legislature and the State Board of Education.

“We’ll be back soon,” he said. “There’s a little bit of unfinished business yet to be done.”

Earlier Thursday, state lawmakers passed legislation that restores funding for the Legislature — including salaries and benefits for some 2,100 state employees — that was set to run out at the end of the month after Abbott vetoed those dollars earlier this summer. The governor’s veto was intended as retribution for House Democrats who walked out of the Capitol in the final hours of the regular legislative session to block a GOP elections bill in May.

In addition to restoring the funding, the Legislature this week passed a similar version of that controversial GOP elections bill. State lawmakers also reworked the process for releasing accused criminals on bail, beefed up border security fundingexpanded virtual learning for studentsrestricted use of abortion-inducing drugs and banned the storage or disposal of high-level radioactive waste in Texas.

The small bit of good news is that the transgender sports bill and the last-minute fraudit bill did not pass, though as noted there will be another shot at that. Redistricting is up next, and the rumor mill suggests we will have two weeks off before the machinery cranks up again. I suppose it’s possible there could be a temporary restraining order in the lawsuit filed against doing legislative redistricting, but as Congressional redistricting would still be on the menu that would not stop the session from being needed. Anyway, enjoy the brief respite before the next bout of madness begins.

Of course there’s time for a stupid election “audit” bill

Of course there is.

Fresh off their success passing legislation to tighten Texas voting laws, Republicans in the Texas Senate are working to hastily push through a bill filed just two days ago that would pave the way for county audits of the 2020 general election and set new rules for handling charges of irregularity in future elections.

The Texas Senate signed off on Senate Bill 97 on a 17-14 vote Thursday to create a new county-level auditing process for elections and give all state or county party officials the ability to trigger mandatory reviews. It was filed by state Sen. Paul Bettencourt, R-Houston, who has acknowledged the Senate is “operating a little bit at warp speed” to move the legislation in the waning days of the special legislative session.

The bill was filed Tuesday, the same day the Senate suspended three rules so the legislation could be considered in committee the next morning. It was voted out Wednesday by the Republican-majority committee, setting it up to reach the Senate floor Thursday, where more rules were suspended to grant it swift passage.

It’s unclear whether the bill will make it to the governor’s desk before the end of the special session on Sunday. An identical bill was filed in the House on Wednesday but has not yet moved forward in that chamber.

“This bill, SB 97, is about election irregularities, giving a chance for the people involved to ask questions,” Bettencourt said before the Senate’s vote. “This is not about anything else except what gets measured gets fixed because if we know why they’ve had that discrepancy, we can fix the problem in the future.”

[…]

Under SB 97, state or county party chairs could mandate a review of the 2020 election simply by submitting a request in writing to a county clerk. Those election officials would then be responsible for forming an “election review advisory committee” based on a list of voters in the county submitted by Republican and Democratic county chairs.

The review would generally include all in-person and mail ballots from Election Day in randomly selected county precincts and some early voting ballots, giving committee members access to all of the ballots cast in three to five races, one of which must be for a federal office, a statewide office or a county office.

The Texas secretary of state would be charged with setting an “acceptable margin of error” between ballots and the final vote counts. Discrepancies outside the margin of error would trigger additional reviews, including a countywide audit for races for federal, statewide or county offices.

Audit results outside the margin of error would prompt an analysis by the secretary of state to determine likely causes for the discrepancies and recommended corrective action.

In future elections, a second part of the bill would allow candidates, county party chairs, presiding polling place judges or heads of political action committees that took a position on a ballot measure to push for audits if they suspect irregularities.

That process would begin with a written request to the county clerk for an “explanation and supporting documentation” for alleged irregularities or election code violations. If the person requesting the review is not “satisfied” with the response, they could request “further explanation.” If they are still unhappy, they could turn to the Texas secretary of state to request an audit of the issue.

If the secretary of state determines the county’s explanations are inadequate, it must immediately begin an audit of the issue at the expense of the county. If a violation is identified, the state can issue $500 penalties for each violation that is not corrected by the county clerk within 30 days.

It’s not as stupid and cynical as the fraudit proposed by Rep. Steve Toth, but it’s still stupid and cynical and completely unnecessary. It’s designed to sow doubt and uncertainty, and it’s going to be another hassle and unreimbursed expense for county election officials to deal with. Specifically, this is aimed at the big urban Democratic counties, though I suppose there’s nothing stopping Democrats in the other counties from doing the same thing. There may or may not be time for this to get a vote in the House even with the ridiculous speed this was given in the Senate, but there will be at least one more special session, and Greg Abbott wants to put this on the agenda, he can.

Final passage of the voter suppression bill

That’s all for now, we’ll see you in court for what will likely be a frustrating and unsatisfying denouement.

A wave of changes to Texas elections, including new voting restrictions, are headed to Gov. Greg Abbott’s desk.

Three months after House Democrats first broke quorum to stymie a previous iteration of the legislation, Republicans in the House and Senate Tuesday signed off on the final version of Senate Bill 1 to further tighten the state’s voting rules and rein in local efforts to widen voting access. Abbott, a Republican, is expected to sign it into law.

The bill was delayed one more time as its Republican author, state Sen. Bryan Hughes, disapproved of language added by the House to address the controversial conviction of Crystal Mason, a Tarrant County woman facing a five-year sentence for a ballot she has said she did not know she was ineligible to cast. Hughes’ objection triggered backroom talks to strip the Mason amendment before the bill could come up for a final vote.

[…]

On Tuesday, Democrats decried the Senate’s objection to the Mason amendment, with state Rep. John Turner, D-Dallas, stating he hoped it was “not because they believe that more people in situations like that of Crystal Mason should be prosecuted or imprisoned.”

[Rep. Garnet] Coleman and Turner were part of the panel that worked out the final version of the bill in backroom talks. Despite their support for the amendment, House Republicans on that panel also signed off on removing it.

The amendment — offered by state Rep. Briscoe Cain, R-Deer Park, but worked on as a bipartisan effort — was meant to prevent voter mistakes from being prosecuted as fraud.

“We’re just ensuring that people who do innocent things are not harmed from their past mistakes,” Cain said before it was quickly adopted by the House last Thursday.

Mason was convicted of illegal voting for casting a provisional ballot in the 2016 election while she was on supervised release for a federal tax fraud conviction. Her vote was never counted, and Mason has said she had no idea she was ineligible to vote under Texas law and wouldn’t have knowingly risked her freedom.

Tarrant County prosecutors pressed forward to land the conviction, which was upheld by a state appeals court that ruled that the fact Mason did not know she was ineligible was “irrelevant to her prosecution.” Her case is currently under review by the Texas Court of Criminal Appeals, the state’s court of last resort for criminal matters.

Cain’s amendment would have clarified existing law that currently defines illegal voting as an instance in which a person “votes or attempts to vote in an election in which the person knows the person is not eligible to vote” by emphasizing that a person must be aware of the “particular circumstances that make the person not eligible” and also that “those circumstances make the the person not eligible” to vote.

Mason’s case has played out as Republicans’ baseless claims of rampant illegal voting have intensified. But with lack of widespread evidence, her case has landed among the handful of high-profile prosecutions of people of color.

Mason, who is Black, is appealing her case as the Texas attorney general’s office prosecutes Hervis Rogers, who is also Black, after he was featured in news coverage of the March 2020 primaries for being the last person to vote at Texas Southern University in Houston at 1 a.m. His registration was active even though he was a few months away from completing his parole as part of a 25-year prison sentence for burglary and intent to commit theft in 1995.

Hughes on Thursday said the amendment raised concerns for “people in the building” and “outside the building” that the language could go farther than intended, and noted he believed non-citizens who vote in elections should be prosecuted even if they were not aware they were ineligible. Notably, the Mason amendment could have also affected the state’s prosecution of Rogers, who was charged with two counts of illegal voting.

Hughes also noted the bill still includes language that would require proof beyond a provisional ballot for an attempt to cast an illegal vote to count as a crime.

See here and here for some background. Credit to Briscoe Cain (a phrase I am unlikely to type again anytime soon) but in the end it was more important for the Republicans to keep going after the likes of Hervis Rogers and Crystal Mason because there aren’t any real voter fraud cases for them to tout. Look, either we get the John Lewis Act through the US Senate, or this is our reality until Democrats have full control of state government and sufficient awareness that even the watered down two thirds rule is a trap that (like the filibuster) will not allow them to pass anything of substance. I don’t care to speculate when that might be.

“Big boy pants”

Some hot Dutton on Patrick action going on here.

Another partisan stalemate has broken out in the final days of the second special session called by Gov. Greg Abbott this year, again imperiling the jobs of 2,100 legislative staffers along with two key conservative priority bills.

On Monday night, Rep. Harold Dutton, D-Houston, abruptly adjourned the House Public Education Committee, which he chairs, without voting on two bills prioritized by Lt. Gov. Dan Patrick, the leader of the Senate: a bill that would limit how educators can teach social studies and talk about race at Texas public schools, referred to as the “critical race theory bill,” and another that would require transgender students to participate in sports based on the gender listed on their birth certificate instead of their gender identity.

“We have gotten to the point now where the Senate has adopted certain principles and practices that I don’t think bode well for this Legislature. I think that what’s happened is we have allowed them to do certain things and they disrespect the House in certain fashions,” Dutton said. “It has gotten worse to the point where today, what I am told, is that if we don’t pass these two bills — the [critical race theory] bill and the transgender bill — the Senate is not going to consider trying to fix the funding in Article X. So, I want to see if he has his big boy pants on. This meeting is adjourned.”

Article X refers to the section of the state budget that covers funding for the state Legislature and other independent agencies that support its work. Abbott vetoed legislative funding in June in retaliation for the defeat of his priority election and bail changes bills when Democrats first walked out of the House in May during the final days of the regular legislative session.

The Legislature was set to lose its funding this month, as the new fiscal calendar starts Wednesday, but Abbott and legislative leaders extended its funding through the end of September. Still, the Legislature has not passed a long-term solution for the rest of the next two-year budget cycle, putting in peril the livelihoods of the staffers funded through the Legislature. Lawmakers salaries are constitutionally protected and therefore not affected by Abbott’s veto.

House Bill 5, a wide-ranging bill that includes funding for a 13th check for retired schoolteachers and the restoration of legislative funding, was set to be heard on the chamber floor Monday, but its author, Rep. Greg Bonnen, R-Friendswood, suddenly postponed its consideration until Wednesday. On Tuesday, Rep. Chris Turner, D-Grand Prairie, asked the House to reconsider the motion by which the bill was postponed, which would allow lawmakers to take up the bill immediately. The vote failed by a vote of 74-49.

Dutton did not say who had told him that the Senate would not pass the legislative funding bill until the House passed the two bills in his committee. His office has not returned a request for comment from The Texas Tribune. Patrick’s office did not immediately return a request for comment.

I’ll never complain about someone spitting on Dan Patrick, but Harold Dutton is hardly a hero here. He has already shown that he doesn’t care about trans kids, and it’s clear that his interest here is in not getting rolled by the Senate. That said, no one with any power in the House has stood up for the restoration of Article X funding, which continues to be in jeopardy and clearly isn’t anything Dan Patrick cares about. It’s pathetic how little pushback Dade Phelan and the House Republicans have given to Greg Abbott on this, which leaves that task to the likes of Dutton, who does know what to do with the power he has. There’s no one to cheer for in this story, and I feel confident that Dutton will give Patrick what he is demanding if Patrick plays ball, but at least for now he’s standing for something worthwhile. The Chron has more.

It doesn’t matter what the polls say about the voter suppression bill

Here’s another poll to demonstrate why.

A new survey from Rice University underscores the deepening partisan chasm over provisions in the controversial GOP priority elections bill.

For example, 46 percent of Harris County Republicans polled who participated in the county’s 2020 innovation of drive-thru voting said they supported the bill’s proposal to ban the method, despite 70 percent rating their experience as “excellent.”

The poll confirms other research that has found that confidence in the 2020 presidential election was closely linked with a voter’s political party. The poll also shows that preference for provisions in the GOP elections bill scheduled to be debated in the Texas House today follows the same pattern, said Bob Stein, Rice University political science professor and a co-author of the poll.

“It’s the persistence of partisan polarization,” Stein said, adding that he was surprised that so many Republican drive-thru voters who said they would be interested in drive-thru voting again also said they would support outlawing it.

[…]

The majority of Harris County voters who used drive-thru and 24-hour voting, 53 percent and 56 percent respectively, are Black, Hispanic or of Asian descent, county data shows. Democrats say banning the methods will discourage minority participation in future elections.

Republicans, meanwhile, say the methods were never supposed to be allowed under Texas law and point to their lack of popularity.

For example, while drive-thru voting was the highest-rated method of voting, according to the poll, it was also not an option used by many in the county. About eight percent of Harris County voters, or more than 127,000, voted from their cars.

Still, political leanings influenced opinions, even among those who hadn’t used drive-thru voting themselves: 95 percent of Democratic voters opposed a ban on drive-thru voting while 71 percent of Republican voters approved.

Democrats and Republicans were also far apart on the issue of 24-hour driving, another target of the GOP elections bill. Ninety-two percent of Democrats did not want to see it banned, but 75 percent of Republicans did.

Polling data can be found here. This discussion has long since a meta-argument about rote talking points, but it’s still worth noting how ridiculous some of this is. It’s true that the 127K people who used drive through voting last year were a small fraction of the total number of voters, but that was the first time we ever tried that, and by any measure 127K people is a lot. It’s more than the number of people who voted by mail in 2016 or 2018, and we’ve had vote by mail for decades. I would bet decent money that if we continued to offer drive through voting, more and more people would take advantage of it, just as more and more people are now taking advantage of early voting. Back in 2002, fewer than one out of four voters voted early in person. In 2020, more than three out of four voters did so.

But like I said, none of this matters. It doesn’t matter that there isn’t even a suggestion of why drive through voting or 24-hour voting might be even slightly more susceptible to the microscopic amount of “voter fraud” that we currently experience, nor does it matter that all of these ideas, in addition to being useful and convenient and well-executed, were put in place as a way of making it easier and safer to vote in the midst of a global pandemic. None of these things were thought of by the previous Republican county clerks, and they hurt Donald Trump’s feelings, so they are Bad and they Must Be Stopped. That’s all you need to know. KHOU has more.

It’s fine

Some things never change.

The Texas House Democrats who bolted for roughly six weeks to stop the Legislature from passing new laws would have racked up about $20,000 each in fines under a rule change proposed to stop such quorum breaks in the future.

The rule, debated Saturday in a committee meeting, would not be applied retroactively, but it would add a $500 fine in the future for each day that a member skips a session without an excuse, leaving the House without the 100 members it needs to vote on bills. The rule would also allow the House to conduct some business even in the absence of a quorum. Committees and subcommittees could still meet and receive legislation, and the chamber could still receive messages from the governor and Senate.

“This rule is designed to keep members in their chairs. To stay, to talk, to debate, to not leave. But if they do leave, there are consequences associated with that,” said Rep. Drew Darby, a San Angelo Republican who is carrying the resolution.

There have only been a handful of quorum breaks in modern Texas politics, though the Democrats used walkouts in May and July to freeze the GOP-controlled Legislature.

Fines could be paid out of personal accounts or campaign accounts, and Darby noted that members could also use the $221 per diem they can collect when the governor calls them to Austin for a legislative session.

[…]

The change would last until House members return to Austin in 2023, at which point the Legislature would adopt new operating rules.

“Folks who left, I do not question their motive and their effort to represent the constituents they have. That is their duty and they operate under their duty as they perceive it,” Darby said, adding that what they did was in line with the rules at the time. Now it’s time to change those rules so it won’t happen again, he said.

Those of us who are old enough to remember the 2003 Senate walkout will recall that the remaining Senators voted to impose a $5000-a-day fine on the quorum busters. That was never made official, since it was a vote taken in the absence of a quorum. I don’t remember if there were any significant rule changes made in either chamber for the 2005 session. The House votes on its rules at the start of each session, and surely someone can propose this. It would almost certainly be adopted if Republicans remain in charge. Heck, if Democrats manage to gain control they might be happy to enact such a rule change themselves, as it would be a way to blunt the impact of the hypothetical Republican minority. They wouldn’t, for temperamental and other reasons, but it would be hilarious to see the arguments about it if they did at least consider it. Anyway, the point is that there’s nothing that can or should be done this session. But each new session begins with a more or less clean slate, and so we’ll see what if anything the 88th Lege cares to do about this.

Other things the Lege has been up to

A brief roundup, to clear some tabs…

Bad Bail Bill 2.0 moves forward.

A sweeping revision of the process for releasing accused criminals on bail won initial approval from the Texas House on Friday night, nearly three months after the GOP-priority legislation stalled in the regular legislative session.

Senate Bill 6, which would require people accused of violent crimes to put up cash to get out of jail, tentatively passed the House on an 82-37 party line vote. The Senate passed the legislation earlier this month on a 27-2 vote.

A House committee advanced the bill Monday after taking out a controversial provision that would have restricted charitable groups from posting bail for defendants, a practice that gained popularity last summer when groups posted bail to release people arrested while protesting the death of George Floyd, a Black man murdered by a white Minneapolis police officer.

On Friday, House members added a related provision back into the bill that does not limit the ability of such groups to post bail. Instead, the amendment would require charitable bail funds to be certified by county officials as nonprofit organizations and file reports on who they bond out of jail.

“The original bill that came over [from the Senate] was essentially going to outlaw … the charitable bail process,” said state Rep. Travis Clardy, R-Nacogdoches, on his amendment. “We made it very clear to the other side of the building that this would not stand.”

The bill still needs to pass the House a final time before it is sent back to the Senate, which can either accept the House changes or enter into closed-door negotiations. State Sen. Joan Huffman, the Houston Republican who authored the bill, did not respond to questions about House changes this week.

See here and here for some background. This is bad, and there’s a decent chance parts if not all of it will eventually be found unconstitutional, but in the short term it will do some damage. Go read Grits for Breakfast or follow him on Twitter for a deeper dive.

Some virtual learning gets funded.

After months in limbo, Texas lawmakers took a step toward expanding and funding virtual learning as the pandemic still proves a threat to families not yet comfortable sending their children back to classrooms.

The Texas House approved Senate Bill 15 on Friday night in a 115-3 vote. The bill will go to a final reading and vote in the House before making its way to Gov. Greg Abbott’s desk.

The House’s initial approval of the bill will give some parents a measure of relief that there could be more virtual learning options as the pandemic once again strains the state’s resources. Hospitalizations and cases are surging due to the more transmissible delta variant of the coronavirus.

Necessary, albeit regrettable. We wouldn’t be revisiting this topic if we had a better handle on COVID, but given that we are not we need to acknowledge reality where we can. This is one reasonable place to do so.

More border boondoggling.

The Texas House approved nearly $2 billion in additional funding for border security operations, giving Gov. Greg Abbott more state dollars to implement his plans to build a border wall and incarcerate migrants for state criminal offenses in an effort to deter migrants from coming to the state.

Lawmakers gave initial approval Friday to a funding bill by a vote of 81-38 that would triple what the state allocated for border security during the last biennium. The $1.88 billion appropriated by House Bill 9 is in addition to the $1.05 billion lawmakers approved for border security this spring.

“There’s a crisis on our southern border with serious consequences extending throughout our state,” said Rep. Greg Bonnen, R-Friendswood, who authored the bill. “Texas must respond to the crisis that has been brought to our doorstep.”

In June, Abbott announced Texas would build a state-funded border wall to decrease the number of migrants entering through its border with Mexico. Earlier this year, the two-term Republican governor launched Operation Lone Star, an effort that directed state military and police resources to the border to aid local and federal authorities fighting the smuggling of people and drugs across the border.

Abbott, who is seeking reelection next year, had previously said he expects the state to build hundreds of miles of wall along the state’s 1,254-mile border with Mexico, but had not specified where the wall would be or how much it would cost.

This message has been paid for by the Greg Abbott campaign.

More money for “temporary” hospital workers.

Gov. Greg Abbott announced Thursday that for the second time amid a recent surge in COVID-19 hospitalizations that Texas will increase the number of state-funded relief workers it will be sending to Texas hospitals, bringing the total to 8,100.

The Texas Department of State Health Services had previously authorized contracting 5,600 medical personnel, and Thursday’s announcement adds 2,500 more.

During the state’s winter COVID-19 surge, more than 13,500 temporary medical workers were deployed across the state, according to DSHS. Those numbers began to dwindle once cases started to decrease and vaccinations became more widely available.

Now, the highly-contagious delta variant has pushed the state to reverse course and again take the lead in alleviating staffing shortages as hospitals are inundated with COVID-19 patients and intensive care unit beds are becoming scarce. On Aug. 9, Abbott directed DSHS to use staffing agencies to secure out-of-state medical personnel for Texas hospitals and asked hospitals to voluntarily halt elective medical procedures.

The state will fully fund the temporary health workers through Sept. 30.

Not technically a Lege thing, but Lege-adjacent. See my previous point about things we wouldn’t need to be doing if we had handled COVID better. I have no idea where we will find all these relief workers, but that’s yet another mess Greg Abbott will have to clean up for himself.

And finally, one thing the Lege hasn’t been doing:

And yet here we are. Still not too late, I suppose, but with every passing day this becomes more and more true.

Voter suppression bill passes the House

It was always to be, it was just a matter of when.

After months of drama and political resistance, the curtain has lowered on Democratic attempts to stave off a far-reaching rewrite of the state’s voting laws coveted by Republicans seeking to retain their hold on power in a changing Texas.

One week after finally regaining enough members to conduct business, the Texas House slogged through a 12-hour floor debate Thursday before signing off on a slightly revised version of the Republican legislation that first prompted Democrats to stage a nearly six-week absence from the Capitol. The late-night 79-37 initial vote on Senate Bill 1 moved the state closer to enacting new voting restrictions, including limits on early voting hours and other measures opponents say will raise new barriers for marginalized voters, especially voters of color, who tend to vote Democratic, and those with disabilities.

The House returned Friday to give the bill final approval, 80-41, leaving the House and Senate to resolve their differences before the legislation heads to Gov. Greg Abbott.

“You largely did what you wanted in this bill. You kept changing the bill in the dark, and you backed off agreements we had from time to time that you made with some of us,” state Rep. Senfronia Thompson, D-Houston, told the chamber’s Republicans before the Friday vote. “But make no mistake this is your bill, your idea, and you will be responsible for the consequences.”

Unlike in the spring regular legislative session, the two chambers are much more aligned in their proposals, with the House legislation embracing proposed restrictions it had not included in its previous version of the bill. On Thursday, it further amended various sections of the bill to more closely match the Senate’s version.

You can read the rest for the gory details. One hopes that a whole bunch of crap that was never debated or vetted will not be crammed into the conference committee version of the bill, as it was during the regular session, but as I’ve said before, Dan Patrick gets to have a say in that. There will be litigation, there will be hard questions and hard feelings for the Dems who came back and created the quorum, which was always going to happen eventually but which could and should have been done in a consensus manner, and there will be hope that the filibuster fanatics in the US Senate will figure out the existential nature of this crisis and pass the John R. Lewis Voting Rights Advancement Act, which would offer a strong bulwark against this kind of assault. That’s where we are, and now we get to try and stop the rest of the Greg Abbott Primary Campaign Agenda. Have a nice weekend. The Texas Signal has more.

Voter suppression bill passes out of House committee

Here we go again.

A Texas House committee on Monday advanced the GOP-backed voting restrictions bill that first prompted Democrats to stall legislative work during a weekslong quorum break.

The 9-5 party-line vote on the revived legislation, Senate Bill 1, is part of a third bid to enact proposals that would outlaw local efforts to make it easier to vote, ratchet up vote-by-mail rules and bolster protections for partisan poll watchers. It comes just days after the House regained enough Democrats to restart business following a nearly six-week exodus over the minority party’s opposition to the voting legislation.

With the second special legislative session past the halfway mark, the House Select Committee on Constitutional Rights and Remedies opted to replace the Senate’s bill with language from its own bill, House Bill 3. That means the House is essentially starting over with the same exact proposals that instigated a stalemate in the chamber following Democrats’ departure to Washington, D.C., in early July.

State Rep. Andrew Murr, the Junction Republican authoring the legislation, indicated he could “foresee” at least some changes to the legislation when it reaches the House floor, though it remains unclear how expansive those amendments could be.

“We’re picking up right where we left off from and so those changes are yet to come,” Murr told the committee.

He had faced questions from Democrats over possible revisions in light of an overnight hearing last month that garnered more than 12 hours of deliberations and public testimony, largely against the legislation, during which there seemed to be some tenuous consensus, including on possibly mandating training for poll watchers.

[…]

As they returned to the Capitol in larger numbers Monday, Democrats indicated they remained optimistic about successfully fighting the bill during the House’s floor debate. State Rep. Rafael Anchía, D-Dallas, pointed to Democrats’ ability to cut a deal on what was a pared down version of the bill during the regular legislative session. After the House approved that version in May, lawmakers reshaped the bill behind closed doors so that it swelled beyond what each chamber initially approved.

That reworked version of the bill instigated Democrats’ first quorum break at the end of the regular legislative session; it also served as the blueprint for the current legislation under consideration.

“We had a version of what was SB 7 leave this House in far better shape than it got here,” Anchía said. “We expect to be part of the process just like we were during the regular session.”

I mean, I dunno, maybe. It might take a little of the sting out of the restoration of the quorum, or at least provide the argument for doing so. Maybe this time they’ll at least listen to what all the advocates for the disabled community were saying about how the bill harms them. I just know that Dan Patrick is still going to get a say in what the final bill looks like, and there’s no reason to be optimistic about that. But the train has left the station, and all we can do is try to keep it from going off the rails.