Gina Ortiz Jones wins SA mayoral runoff

Good.

Gina Ortiz Jones

San Antonio’s next mayor will be Gina Ortiz Jones, a 44-year-old West Side native who rose from John Jay High School to the top ranks of the U.S. military on an ROTC scholarship.

Jones defeated Rolando Pablos, a close ally of Texas GOP leaders, 54.3% to 45.7% Saturday night in a high-profile, bitterly partisan runoff.

Thanks to new longer terms that voters approved in November, this year’s mayor and council winners will be the first to serve four-year terms before they must seek reelection.

The closely watched runoff came after Jones took a commanding 10-percentage-point lead in last month’s 27-candidate mayoral election, but weathered nearly $1 million in attacks from Pablos and his Republican allies.

At the Dakota East Side Ice House, a beaming Jones said she was proud of a campaign that treated people with dignity and respect.

She also said she was excited that San Antonio politics could deliver some positivity in an otherwise tumultuous news cycle.

“With everything happening around us at the federal level and at the state level, some of the most un-American things we have seen in a very, very long time, it’s very heartening to see where we are right now,” she said shortly after the early results came in.

When it became clear the results would hold, Jones returned to remark that “deep in the heart of Texas,” San Antonio voters had reminded the world that it’s a city built on “compassion.”

Chappell Roan’s “Pink Pony Club” blared over the speakers to the roughly 250 supporters celebrating with drinks on a hot spring evening.

At Pablos’ watch party, he said Jones’ overwhelming victory surprised him. The conservative Northside votes he was counting on to carry him didn’t wind up materializing.

“The fact is that San Antonio continues to be a blue city,” Pablos told reporters at the Drury Inn & Suites’ Old Spanish Ballroom near La Cantera. “This [race] became highly partisan, and today it showed.”

I was not following this very closely, partly because of the end of the legislative session, but in the last week or so there were concerns being expressed about Ortiz Jones underperforming, Pablos generating a bunch of excitement among Republican voters, and on and on. There was a lot of money being poured into the race, former Mayor Ron Nirenberg and many of the Democratic former Mayoral candidates declined to endorse in the runoff, Pablos is a Greg Abbott minion – the avalanche of takes that would have followed a Pablos victory would have swept us all into the Ship Channel. I found this reaction from one of the race-watchers to be particularly interesting.

Some 17% of San Antonio’s registered voters turned out for Saturday’s runoff, rivaling the turnout for the hotly contested 2021 matchup between Mayor Ron Nirenberg and Greg Brockhouse. The number far exceeded analysts’ expectations.

“Originally, it looked like Pablos did a good job getting people to turn out in early voting, but [Jones] actually won that by a lot — and she also won election-day voting,” UTSA political scientist Jon Taylor told the Current. “I’m truly surprised.”

Despite his close alignment to Abbott, who’s unpopular in San Antonio, Pablos portrayed himself not as a culture warrior but as a fiscal conservative focused on economic development, crime and poverty reduction.

“I will continue to serve this community with pride,” Pablos told supporters at his campaign watch party. “We want the best for this community and for our families.”

While Jones racked up a convincing victory, her campaign was anything but smooth sailing.

The candidate took heat for not speaking to the media following the May 3 general election, and the Pablos campaign raised allegations that she used her cell phone to cheat during a televised debate.

Although outside partisan money flowed into both races, Pablos had a considerable financial advantage and the backing of a deep-pocketed Abbott-tied PAC. The candidate and his allies used that funding for $1 million in ad buys, including a spate of negative spots about Jones.

However, in the end, the Jones campaign brought together a diverse, citywide coalition that erased the spending difference, UTSA’s Taylor said. During her watch party, Jones thanked a litany of progressive organizations ranging from the Texas Organizing Project to Vote Vets to San Antonio LGBTQ+ groups for getting out the vote.

“They had a really good mobilization effort, and they brought in a lot of organizations that are really good at getting people to the polls,” Taylor said.

What’s more, anger about the Trump administration’s increasingly extreme immigration policies, combined with concerns about what some speculate is the homophobic killing of San Antonio actor Jonathan Joss, may have boosted Election Day turnout in Jones’ favor, Taylor speculated.

“Those issues came up late [and] I’m not sure they impacted all the voters, but it was definitely in the background,” he said. “I think ultimately, this a blue city, and we defaulted to a blue candidate for mayor.”

I for one would like to get a better understanding of why the early vote seemingly looked (*) much better for Pablos than it turned out to be. I’m willing to bet a reasonable number of the early voters have a primary voting history, so was there something off about the data or was it just misinterpreted? I don’t want to overinterpret anything, I just want to understand what the surprise was.

Be that as it may, congratulations to Mayor-elect Gina Ortiz Jones. I wish you all the best over the next four years. The Current has more.

(*) From that Downballot story:

The lone public poll of the runoff, released on Thursday by the Democratic firm Chism Strategies, simultaneously offered hope and flashed warning signs for Jones. The survey found Jones ahead 50-41, but among those who said they’d already voted, Jones was up just 49-47. Early voters, says the pollster, “were significantly more Republican” in the second round compared to the first, making it harder for Jones to make up ground on Election Day, when the electorate tends to lean to the right.

It’s very hard to poll low-turnout races, because it’s difficult to accurately model what the electorate looks like. This poll was actually quite accurate, as it would predict something like a 55-45 race, which is very close to the final result. It was on the “already voted” sample where it was less accurate; sample size probably had something to do with that. I’m sure that part of the result colored people’s perspectives on the early vote, whereas if it had just been “Ortiz Jones leads by nine in this one poll” it likely would have drawn a shrug. I’d put it down as yet another reason to limit how far one should go with a single poll result, especially on a smaller sample.

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You’ll get to vote on some unsustainable tax cuts this November

Get out your figurative credit card, we’re about to put a big charge on it for our future selves to pay.

Voters will be asked to approve property tax cuts for Texas homeowners and businesses in November.

If voters agree, homeowners will see increased breaks on the taxes they pay toward school districts, with those above the age of 65 or living with disabilities seeing even bigger cuts, if Texas voters approve them in November. Business owners will get help, too, on the taxes they pay on their inventory.

Gov. Greg Abbott, a champion of tax cuts, said Friday he plans to sign the deal, one more procedural step before the fall election. Abbott urged voters to approve the increases.

“Never before has the Texas Legislature allocated more funds to provide property tax relief than they did this session,” Abbott said in a news release.

Texas lawmakers plan to put $51 billion toward cutting property tax cuts — maintaining ones enacted in previous years as well as enacting new ones — over the next two years. That’s a gargantuan figure, state budget analysts and some lawmakers worry will come back to haunt the state. Legislators tapped once-in-a-lifetime multibillion-dollar budget surpluses, the result of inflation and massive influxes of federal stimulus dollars during the COVID-19 pandemic, to pay for tax cuts in recent years.

Those federal dollars are all but spent. Though Texas’ economy is healthy, it has slowed. Uncertainty around the Trump administration’s back-and-forth tariff policies, lower levels of immigration, lower oil prices and federal spending cuts could make matters worse for the state’s economy, the Federal Reserve Bank of Dallas said in May.

The state budget, which lawmakers approve every two years, could take a hit as a result, said Shannon Halbrook, a fiscal policy expert at the left-leaning Every Texan. Tax cuts may not be on the chopping block, but other government services would be.

“I don’t think we’re going to have a lot of extra money lying around next time,” Halbrook said. “The conversation is not going to be, ‘how do we spend all this extra revenue?’ It’s going to be, ‘How do we deal with a really tight environment? What do we cut? How do we go from here?’”

Texans who own their home are slated to see a boost in the state’s homestead exemption, or the slice of a home’s value that can’t be taxed to pay for public schools. Lawmakers raised the exemption from $100,000 to $140,000.

The owner of a typical Texas home — valued at $302,000 last year, according to Zillow — would have saved about $490 on their school property taxes had the higher exemption been in place last year, a Tribune calculation shows. Those savings result from a combination of the increased homestead exemption and $2.6 billion in cuts to school tax rates in the state’s upcoming two-year budget.

That one I’ll vote for, I approve of raising the exemption as it provides more benefit for people on the lower end of the property scale. The rest I’ll vote against, they’re the ones that will really put our future revenue to the test. I have no illusion that my vote will be part of a majority – these will likely pass with more than 70% of the vote – but one does what one must. Good luck, and as many dope slaps as appropriate, to the future legislators who will be left wondering how we got into this predicament.

(Yes, I agree, handling tax rates via Constitution and referendum is dumb. Yes, I agree, our Constitution itself is a ridiculous overstuffed hodgepodge of things that don’t belong in a properly written Constitution. No, it’s never going to be reformed, I’m not going to waste time worrying about it.)

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It’s more than just FEMA

The 2025 hurricane season is underway. It won’t be just the storms that determine how bad it is.

FEMA leads the federal response when disaster strikes. It coordinates rescue efforts, provides temporary housing and medical help, and offers financial assistance to repair homes or elevate them above flood levels. Its goal is to ensure that survivors have a safe place to stay and the means to rebuild.

Harris County is one of the state’s most disaster-prone areas and depends increasingly on FEMA resources. After Hurricane Beryl last July, more than 650,000 Harris County residents applied for FEMA aid, the most in over 20 years.

But federal disaster assistance does not stop with FEMA.

HUD offers grants to help local governments buy out flooded homes and rebuild in safer locations. Farmers and ranchers can seek emergency loans from the Department of Agriculture to replace lost crops and repair equipment. The Army Corps of Engineers may be called on to strengthen levees, clear debris from bayous and fix clogged drainage ditches.

The Department of Education provides recovery grants to help reopen classrooms when school buildings are damaged. The Small Business Administration offers low-interest loans to homeowners, renters and small businesses so they can begin repairs shortly after an extreme weather event.

Other federal agencies go beyond immediate relief and help communities like Houston prepare for disasters and improve long-term resilience.

The Environmental Protection Agency provides research grants and technical support to manage stormwater. The National Weather Service issues forecasts and flood warnings so residents can evacuate in time. The National Oceanic and Atmospheric Administration funds studies on coastal erosion and sea-level rise, giving local planners data to predict the impact of future disasters.

These programs are crucial to tackling chronic flooding, water quality issues and other enduring environmental threats, according to Matthew Tejada, senior vice president of environmental health at the Natural Resources Defense Council. He previously led Air Alliance Houston, a local environmental advocacy group.

“They are some of the toughest challenges we face in the United States. They impact people’s health. They foreshorten their lives. They minimize their economic prosperity. That has impacts for our entire society,” Tejada said. “These are problems that are not going away.”

We’ve discussed this before. We may or may not feel the effect here, but someone will somewhere – it’s a matter of when and not if. The chaotic and disorganized response to Hurricane Katrina twenty years ago contributed to the steep decline in then-President Bush’s popularity and led the way to some major political change. I have no idea what could happen this time. It might not be anything, if this winds up being a not-so-bad hurricane year or if there’s enough of a visible response to hide everything else. But there will be suffering and long-term damage, and we won’t know what it is until it happens. Hope for the best, because it could be really bad.

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Weekend link dump for June 8

“To put it simply, Elon Musk’s brief time in Washington made American life worse, with actions that will continue to reveal the true extent of their immense damage for years to come.”

“Exclusive State Department records show: As the Trump administration abandons its humanitarian commitments, diplomats are reporting that the cuts have led to violence and instability while undermining anti-terrorism initiatives.”

“As I said, I’d love it if Musk failed. But he didn’t. He accomplished a ton. He ran an anti-constitutional blitzkrieg through the federal government, did massive harm, violated a slew of criminal laws. And he only tired of his antics when the reputational harm to his companies became steep enough to really endanger them. He’s a destructive crook who needs to be held accountable for his actions. And that’s exactly what this press roll-out, along with gauzy interviews, is all about thwarting.”

“Hundreds of ‘DEI’ books are back at the Naval Academy. An alum and a bookshop fought their removal.”

“Call Centers Replaced Many Doctors’ Receptionists. Now, AI Is Coming for Call Centers.”

“The Trump administration is making the country less safe for domestic violence victims”.

“As American cities have grown in size and population and gotten hotter, they — not the federal government — have become crucibles for climate action: Cities are electrifying their public transportation, forcing builders to make structures more energy efficient, and encouraging rooftop solar. Together with ambitious state governments, hundreds of cities large and small are pursuing climate action plans — documents that lay out how they will reduce emissions and adapt to extreme weather — with or without support from the feds.”

“Shari Redstone better change her tune, or she, her board, and her corporate officers may go to prison on bribery charges in 2029.” Or even sooner than that.

Let them fight.

“Support for the law firms that didn’t make deals has been growing inside the offices of corporate executives. At least 11 big companies are moving work away from law firms that settled with the administration or are giving—or intend to give—more business to firms that have been targeted but refused to strike deals, according to general counsels at those companies and other people familiar with those decisions.”

From the “they can dish it out but they sure can’t take it” department.

RIP, Valerie Mahaffey, Emmy-winning actor who was on a ton of shows including more recently on Young Sheldon and Dead to Me.

RIP, Jonathan Joss, actor known for King of the Hill and Parks and Recreation.

“One of the constants in the evolution of the openly gay athlete in the major North American men’s professional sports leagues — the NBA, NFL, MLB, NHL and MLS — is that everyone who comes out is providing a for-free blueprint for those who dare to be next.”

“The first is that even very positive technological revolutions (say, the Industrial Revolution) end up hurting a lot of people. Second, this revolution is coming to us under the guidance and ownership of tech billionaires who are increasingly wedded to and driven by predatory and illiberal ideologies. Both those facts make me think that we should approach every new AI development from a posture of skepticism, even if some or most may end up being positive. Trust but verify and all that.”

“We’ve overproduced [computer science] degrees without addressing how exploitative and gatekept the tech hiring pipeline has become. Entry-level roles are vanishing, unpaid internships are still rampant, and companies are offshoring or automating the very jobs these grads trained for.”

“The [Council for Christian Colleges & Universities] makes a lot of noise about defending its “religious freedom” but as Trump and Rubio explicitly restrict that freedom, they seem content to sit back and take it. OK, then.”

RIP, Betsy “Sockum” Jochum, last surviving original player from the All American Professional Girls Baseball League, who debuted with the 1943 South Bend Blue Sox. The AAGPBL Facebook page has more.

“[Former University of Michigan President Santa] Ono will no longer be a top educator at the biggest, most beloved schools we have. But if his former colleagues are paying attention, he has at least offered them one parting educational gift. Ono is proof that there is no length the leadership of the country’s crown-jewel universities can go to that will convince right-wing assailants to give them a soft landing. Ono played a stupid game and won a stupid prize.”

“The tale of how smart toilet startup Throne landed its seed round is so full of serendipities, one could almost believe it was orchestrated by the hand of Fortuna, Roman goddess of providence.” They’re in Austin, I found this link via the daily email from CityCast Austin. Lance Armstrong is an investor. It actually sounds useful, but OMFG.

RIP, Edmund White, prolific and pioneering gay author.

“I cannot think of anything like this level of politicization being formally introduced into the hiring process. Under the George W. Bush administration, it was a scandal when appointees in the Justice Department were caught scanning candidate CVs for civil servant positions to try to discern their political leanings. Now they will just ask them to explain how they can serve President Trump’s agenda. Within the space of a generation, backdoor politicization practices went from being a source of shame to a formal policy.”

“For decades, the FBI and the Justice Department have been the main enforcers of laws against political corruption and white-collar fraud in the United States. In four months, the Trump administration has dismantled key parts of that law enforcement infrastructure, creating what experts say is the ripest environment for corruption by public officials and business executives in a generation.”

RIP, Shigeo Nagashima, Japanese baseball icon known as “Mr. Pro Baseball” in Japan.

Everyone has a story. You ask them where they live, where they work and there’s usually something interesting. We’re writing human-interest stories with [Shohei] Ohtani as a cover.” That’s from an LA Times story about the Japanese sportswriters who track down and write stories about the fans who catch Ohtani home run balls.

RIP, Jim Marshall, Hall of Fame defensive lineman mostly for the Minnesota Vikings, one of the “Purple People Eaters”, held the NLF record for consecutive games played with 282.

“The US Institute of Peace Digs Out of Under DOGE’s Weed Stash and Tries to Rebuild”.

“Now, here’s a story you don’t see every day. London-based AI startup Builder.ai has filed for bankruptcy after it was discovered that its “AI” services were secretly operated by a team of 700 human employees in India, masquerading as AI chatbots.”

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The THC ban and the Houston retail market

Wow.

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The bright lights of Bahama Mama’s flagship store along Lower Westheimer turned on a year ago, welcoming passersby into a hemp shop unlike anything else in Houston. A red carpet rolled into a mirrored showroom stocked with nearly every type of legal hemp product and accessory imaginable. A Las Vegas-like mix of color, chrome and cannabis culture gave the 5,000-square-foot boutique an Instagram-ready vibe.

The bold design reflected Bahama Mama’s even bolder real estate strategy. Over the past five years, the company has filled more than 115,000 square feet across 85 stores in Texas, including more than 50 in Houston. CEO Greg Laird said the brand pays about $7 million in rent and $3 million in sales taxes annually in Texas.

All of that could disappear if Gov. Greg Abbott does not veto Senate Bill 3, which would ban hemp-derived THC and nearly all CBD products starting on Sept. 1. Although Bahama Mama holds a large stake in each store, they are jointly owned with the independent operators who personally invest in their shops.

“That’s 85 operators who could lose their livelihoods (across Texas),” Laird said, in addition to their 200 Houston-based employees.

Bahama Mama is just one of thousands of shops in Texas facing this potential wipeout. The hemp industry has ballooned into a sector with $5.5 billion in annual sales supporting about 53,000 jobs across 8,500 businesses, according to a recent Whitney Economics report.

In the Houston area, more than 1,500 businesses are licensed to sell hemp, according to a Chronicle analysis of Texas State Department of Health Services data. About 400 of those are smoke or vape shops that rely heavily on hemp products.

Most of those 400 stores could be forced to close if the ban takes effect, dumping between 600,000 and 815,000 square feet of retail space into the market. That equates to roughly the square footage of Toyota Center. While that is a tiny piece of Houston’s 446 million-square-foot retail space market, for the tenants who fill those spaces, the shutdown could be devastating.

The fallout will be felt most sharply by tenants and small business owners who may lose their stores, investments and life savings. Meanwhile, landlords will be left scrambling to backfill space or resolve lease disputes.

[…]

Most tenants can’t simply walk away. Many signed personal guarantees, allowing landlords to pursue personal assets if rent isn’t paid. That puts homes, savings and vehicles at risk.

Melanne Carpenter, co-owner of Serenity Organics in Missouri City, said her landlord leased to her in part because she had a corporate job and signed a personal guarantee. She and her husband took out a business loan, which they’re still repaying. Her $4,300 monthly rent is sustained by a loyal customer base of mostly suburban parents who use hemp for anxiety, insomnia and chronic pain.

Tucked in a strip center near Chick-Fil-A, Serenity Organics has a spa-like design. Nearly all wellness products, from tinctures to dog treats, contain trace amounts of THC. If SB 3 is signed, she’ll likely close Aug. 31.

Carpenter, who is also a retail real estate agent, expects a wave of defaults.

“You’re talking about a lot of empty space. It’s going to affect landlords, because they’re going to have vacant space, and they’re going to have it very, very quickly.”

The uncertainty comes just as she’s weighing whether to renew her lease. This time, she’s trying to negotiate an exit clause, something her original lease didn’t include.

Some tenants secured exit clauses allowing them to break leases if regulations change. But these clauses aren’t universal, especially if landlords used boilerplate language in the lease. And some tenants didn’t know to ask for an exit clause.

At the aggregate level, this is a small piece of the real estate market, which is currently in good shape and likely can withstand the hit. But that’s still a lot of people who are going to be unemployed or in the lurch financially as a result. You know what I think should happen next, whether Abbott does veto this bill or not. That’s primarily going to be on campaigns and candidates, but if you frequent one of those 400+ locations, you might mention to the owner and/or the employees who they can thank for their current situation.

Side note #1: I wonder how much of that $5.5 billion in annual sales is within Houston specifically. Whatever happens to the real estate, that could be a significant short-term blow to our sales tax revenue.

Side note #2: There are now two of these shops within walking distance of my house. I can’t say they add anything to the character of the neighborhood, but whatever, they’re there and they don’t seem to be a problem. I don’t think either of them has been there for much more than a year. The law that (inadvertently) allowed these shops to open was passed in 2019. I wonder what percentage of these places are more than, say, three years old.

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Humble ISD candidate challenges her disqualification

This story isn’t over yet.

Meanwhile, former trustee-elect Brittnai Brown has challenged the notion stipulated in a lawsuit against her that she did not reside in Humble ISD for the required six months before the filing deadline to run for office.

The district found Brown was ineligible because she was not a registered voter in Humble ISD before the filing deadline, despite living in the area.

Brown said she updated her voter registration a few hours before filing for office, with the understanding that when she received a confirmation from the website that she had initiated her address change, that meant she had taken the appropriate measures.

“Verifying both residency and voter registration falls under the shared responsibility of the election administrator and the district. As a candidate, I followed all stated procedures and submitted documentation in good faith,” Brown said in an email to the Houston Chronicle.

It takes up to 30 days for voter registration to become valid after a person changes their address, meaning that Brown’s registration was not technically valid until one month after the filing deadline. She said she was not aware of this discrepancy. Humble ISD representatives had previously said that they had not previously encountered an issue with voter registration of candidates before.

“I chose to run because I believe in the power of education to transform lives. My goal in running for the school board was to ensure that every student regardless of background receives a quality education in a safe, supportive learning environment,” Brown said.

The candidate who filed the challenge against Brown’s candidacy, Tracy Shannon, had asked in her lawsuit to be named victor since she received the second highest number of votes, but district counsel said last month that the only legal recourse they could take in the wake of Brown’s ineligibility was to have the current trustee, Ken Kirchhofer, stay on until the board decides how to fill the vacant seat, either by appointment or by a special election.

Shannon said that she would await which option the board chose for filling the seat, and added that “this whole issue highlights some need to change the law to clarify that the election authority needs to have some responsibility to determine eligibility beyond looking at the application.”

See here for the background. The first half of that story was about a recount that I wasn’t interested in. I appreciate the explanation that candidate Brown provided, but it’s not clear to me that even if it’s accepted it would re-qualify her. The original story didn’t specify when Brown updated her registration but said it was likely around the time of the filing deadline, which is generally around ten weeks before the election. That’s still not enough time to meet the “registered to vote in Humble ISD six months before the election” rule. She may be saying she was living in Humble ISD before then and perhaps her voter registration just hadn’t been updated in a timely fashion to reflect that, but if that’s the case I would think she’d need to sue to challenge the six-month requirement for it to matter. I Am Not A Lawyer, etc etc etc, so who knows what comes next. The Humble board didn’t take it up in their June 3 meeting, but their next meeting is this Tuesday, and one way or another they have to decide what to do with that seat. I’ll keep an eye on it.

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Wisk gives a virtual demo

I’d want to see the real thing, but I suppose that wasn’t practical under the circumstances.

Saemi Poelma eagerly posed for a photo Tuesday inside a model autonomous air taxi, impressed by the possibility of a new way of traveling without a human pilot.

“This is something that we all imagined as kids,” Poelma said.

The sleek, self-flying aircraft drew a crowd of curious onlookers at the George R. Brown Convention Center. Wisk Aero, a California-based air mobility company, showcased the air taxi at the 2025 Xponential Conference. The company plans to establish the transit in the greater Houston area by the end of the decade.

Wisk signed a 12-month agreement with the Houston Airport System and the city of Sugar Land last year to support the strategic planning efforts needed to launch the new form of air transportation.

Wisk’s collaboration with Houston Airports and Sugar Land consisted of identifying and assessing potential locations for developing infrastructure for air taxi operations at George Bush Intercontinental Airport, William P. Hobby Airport, Ellington Airport and Sugar Land Regional Airport.

“I do believe that with this new technology in the aviation industry, people are going to be able to travel to farther places quicker, and it’ll also help alleviate some of that traffic,” said Elizabeth Rosenbaum, assistant city manager of the city of Sugar Land, who also attended the convention.

Wisk also plans to extend the agreements with both cities, according to Emilien Marchand, director of ecosystems partnerships.

[…]

The company revealed proposed flight pathways to the Houston Chronicle, showing six vertiport locations in the Houston area and nine routes.

Marchand said Wisk has been collaborating with the Houston Airports and the Federal Aviation Administration to determine the best places to land the aircraft without affecting commercial traffic.

“No routes have yet been approved by the FAA,” he said.

Wisk offered attendees a chance to wear virtual reality headsets to simulate riding in the aircraft traveling from the center to IAH. From the sky, attendees could see Daikin Park and the nearby Marriott Hotel in downtown Houston.

The virtual experience also showed examples of how the vertiport would look on top of the center or near the airport during landing or takeoff.

See here, here, and here for some background. Wisk is not the only eVTOL aiming to operate in Houston, but they were there providing their virtual rides, so they get the story. I don’t know how convincing a virtual reality demo ride is – I mean, you can take a VR ride on the Millennium Falcon at Disneyland – but it’ll have to do for now.

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Measles update: There’s nowhere to go but down

What a depressing headline.

Amid a widespread decline in childhood measles vaccination rates since before the COVID-19 pandemic across the United States, a study published Monday found that coverage can vary substantially within a state.

Looking at county-level data in 33 states, researchers at Johns Hopkins University found that the MMR (measles, mumps and rubella) vaccination rate decreased from 93.92% in the 2017-2018 school year to 91.26% in the 2023-2024 school year. Other states were not included because they had missing vaccination data, the authors of the study said.

Of the 2,066 counties the study looked at, 78% saw a decline in vaccination rates. Only four of the 33 states — California, Connecticut, Maine and New York — saw an increase in the average county-level vaccination rate, the study found.

The data shows significant diversity in the levels of vaccination within and across states, which the authors of the study say could “help inform targeted vaccination strategies.”

[…]

The CDC has also reported state-level declines in vaccination coverage for kindergartners by school year, saying the rate among U.S. kindergartners has decreased from 95.2% during the 2019-2020 school year to 92.7% in the 2023-2024 school year.

It sure would be nice to have a federal government that had a strategy for improving vaccination rates, wouldn’t it? The one grimly optimistic thing I can think of to say here is that we have seen an uptick in measles vaxxes in Texas since this outbreak began. Nothing quite focuses the mind like the specter of actual risk. It may be a blip, but against that we’re almost certain to see more outbreaks like this, so maybe there will be more of the resulting boosts. Depressing, but it is what it is.

Pull up a chair, make yourself comfortable, and practice some deep breathing as you read this.

Sick children began showing up at Texas hospitals in January.

Dr. Leila Myrick was on call when the first child landed in Seminole’s emergency room, where she consulted a medical textbook to confirm measles, a disease she had never actually seen.

Myrick had moved her family from Atlanta to Seminole in 2020, drawn by the promise of small-town medicine in a city cut out of the desert, a conservative but diverse community where many of her patients were Mennonite and Latino. She had taken care of their families in the five years since — through Covid and baby deliveries and everything in between. A framed poster of Myrick cradling newborns hangs in the hallway outside her office.

Measles now threatened these children, and Myrick did what she could to persuade parents to vaccinate them. She gave interviews, answered calls on a local German-language radio show, stayed late at her clinic and worked weekends at the hospital.

But her message faced competition.

Children’s Health Defense, the country’s largest anti-vaccine nonprofit, has downplayed the danger of measles for decades, falsely calling it benign and beneficial to the immune system. Seminole’s outbreak didn’t deter the group, which wrongly suggested it had been caused by a local vaccination campaign and then floated other contradictory theories: that the vaccines were failing, shedding the measles virus, or perhaps working too well, leading somehow to a super virulent strain.

Myrick watched her neighbors repeat these distortions in a local Facebook group, “Seminole TX Residents NEED to KNOW,” sometimes naming her directly.

“Every doctor that pushes the jabs gets commission from the big Pharma,” one woman wrote.

In late February, the Gaines County library posted a flyer “kindly” asking that unvaccinated and measles-sick patrons not come in. By the evening, after an outcry in the comments, the library removed the post.

“I see a vulnerable population getting fed the wrong information and making decisions for their children’s health based on wrong information,” Myrick said. “And I feel helpless.”

Responsibility for managing the outbreak fell on Zach Holbrooks, executive director of the South Plains Public Health District.

Holbrooks grew up in Seminole and after stints in Lubbock and Austin moved back in 2008 to lead public health across four counties. Run on about $2 million in grants a year, the health department’s responsibilities are broad — vaccines and family planning, but also disaster response, fire protection, food safety, landfills, inspections, permits and more.

Holbrooks didn’t see measles coming, though he is quick to say he probably should have — vaccine exemptions in Gaines County had more than doubled in the last 10 years, and about 1 in 5 kindergarteners were now skipping the shots.

When the first cases were confirmed at the end of January, “my heart sank,” Holbrooks said.

The district kept only a couple of doses of the measles, mumps and rubella vaccines on hand — enough for new families moving into the area, not to meet the sudden need of an outbreak. The two epidemiologists Holbrooks had on staff were immediately overwhelmed by case investigations. Holbrooks also didn’t have outreach materials in Low German or a relationship with the Mennonite community, which he now urgently needed a way into.

He turned to the state, which brought in nurses, testing supplies and vaccines. He set up a vaccine and testing clinic outside Seminole Hospital District; a spray-painted arrow on unfinished plywood signaled where to go.

Billie Dean, a nurse and site leader at the clinic, remembered one Mennonite woman who drove by every day in a compact gold car.

“We would see her pull in, and we were like, ‘Oh, she’s back,’” Dean said. Each day, they told her how many people had gotten vaccinated the day before, how none had come back with side effects. After two weeks, she rolled down her window and said she was ready. A few days later, she came back with her daughter and grandson.

Holbrooks printed flyers in English, Spanish and, with the assistance of a local author, Low German, to distribute at grocery stores, libraries, post offices and churches, and he gave updates on the local TV and radio stations.

Still, cases in the area ticked up, nearly doubling in a week to 80, a sure undercount, since officials knew many people weren’t being tested. In a letter published in February in The Mennonite Post, a German-language newspaper, a married Seminole couple reported “a lot of sick people here. Many have fever or diarrhea, vomiting or measles.”

Epidemiology deals in numbers. With measles, they go like this: With 1,000 cases, about 200 children will require hospitalization, 50 will develop pneumonia, and one to three will die.

The numbers caught up to Seminole on Feb. 26.

To invoke the old Mister Rogers maxim, there are a lot of helpers to see in this story. A lot of people in Gaines County and Lubbock and elsewhere did their level best to keep people healthy, answer their questions, get them and their kids vaccinated, and just generally beat back the avalanche of disinformation and bullshit from the professional deniers and bullshit peddlers. The article starts with a focus on one of them, so be prepared going in. And look, it’s easy for us to fall into non-empathetic ditches, in part because there are so many people involved in this story who will be on the express train to hell if such a place exists, but we can’t lose our own humanity. Look again at how many helpers there are in this saga. For all the darkness, there’s also plenty of light.

This is a good sign for the short-term future.

Measles is on a downward trend in the state, and the four people in Tarrant County who were infected appear to have not infected anyone else, Dr. Brian Byrd, director for Tarrant County Public Health, said during a recent meeting.

“The message is we’re trending in the right direction, however, we need to stay vigilant,” Byrd said at the June 2 Tarrant County Mayors’ Council meeting. “There are still pockets of unvaccinated people around Tarrant County.”

Measles symptoms appear one to three weeks after a person is exposed. Byrd said the 21-day window has passed since anyone was last exposed by the four people in Tarrant County who were infected. The four were family members.

“We don’t expect any cases stemming from those four cases,” Byrd said.

I’ve been keeping an eye on the known exposures in population centers as a possible vector for the case rate to go back up. So far it seems like the response from the local health officials has been enough to prevent that from happening. Kudos to them, let’s hope they can keep it up.

And let’s remember to do our part.

The Centers for Disease Control wants everyone with international travel plans to make sure they’re fully vaccinated against measles, a change that comes as outbreaks simmer all over North America.

A recent measles outbreak in Colorado was tied to a Turkish Airlines flight that landed in Denver. Canada and Mexico are wrestling with outbreaks, too, and now the CDC has stepped up its advice to international travelers: make sure you’re fully vaccinated or don’t go.

At least 1,088 measles infections have been reported in the U.S. so far this year — most connected to local outbreaks, including one in Texas that accounts for 742 of those cases. But CDC has also gotten 62 reports of air travelers contagious with measles while flying this year.

Each unvaccinated person on a plane with an infected traveler is at high risk for contracting the airborne virus and passing it to others, so the CDC wants travelers to confirm they’ve had both doses of the measles vaccine at least two weeks before they travel.

Travelling while unvaccinated is irresponsible. Travelling while actively sick is downright malevolent. Don’t be that guy.

We will end with some good news.

The Texas health department reported no new cases of measles on Friday, the first time the state has not recorded an increase since the outbreak began in February.

The state, which is the epicenter of the current measles outbreak, has a total of 742 confirmed cases as of Friday.

The number of new cases continues to decrease, from an average of about 12 per day around the peak to fewer than one case per day recently, Chris Van Deusen, director of media relations at the Texas health department, told Reuters in an email.

“The fact that (we) haven’t had any new hospitalizations reported in more than two weeks gives us confidence there are not major numbers of unreported cases still occurring out there,” said Van Deusen.

The United States is battling one of the worst outbreaks of the highly contagious airborne infection it has seen, with over 1,000 reported cases and three confirmed deaths.

Despite the slowing spread of the infection in Texas, the country continues to record weekly increases in measles cases elsewhere.

The U.S. Centers for Disease Control and Prevention said a total of 1,168 confirmed measles cases were reported by 34 jurisdictions as of Thursday, an increase of 80 cases since its previous update last week.

Since 2000, the only time infections surpassed the 1,000 mark was in 2019, when the country reported 1,274 cases.

There have been 17 outbreaks, defined as three or more related cases, reported in 2025, the CDC said.

There were four cases in the Tuesday report, so four for the week, and a step down from the around-ten-per-week plateau we’d been at. If this is the new normal, then so much the better.

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Add Rep. Talarico to the “thinking about running for Senate” list

Join the party, there’s plenty of room.

Rep. James Talarico

State Rep. James Talarico, a former schoolteacher who often goes viral on social media for his feisty exchanges with Republicans, told Hearst Newspapers he is considering a bid for the U.S. Senate in 2026.

“The legislative session just ended, and I am having conversations about how I can best serve, and that does include the Senate race,” said Talarico, an Austin Democrat.

The seat is currently held by longtime U.S. Sen. John Cornyn, who is facing a Republican primary challenge from Attorney General Ken Paxton.

No Democrats have officially declared for the race. But former U.S. Reps. Colin Allred and Beto O’Rourke, who both unsuccessfully challenged U.S. Sen. Ted Cruz, have also voiced interest in running.

Talarico, 36, joined the state Legislature in 2019 after flipping a Republican-held seat that stretches north from Austin. This session, he emerged as a forceful voice against Gov. Greg Abbott’s push for private school vouchers, frequently castigating the policy in floor debates and committee hearings as a “scam” pushed by West Texas billionaires to provide “welfare for the wealthy.”

He is a graduate of the University of Texas at Austin, Harvard University and the Austin Presbyterian Theological Seminary. As a pastor, Talarico frequently quotes scripture and invokes religious ideas to criticize policies like displaying the Ten Commandments in public school classrooms.

[…]

In addition to the U.S. Senate seat, governor, attorney general, lieutenant governor and the other statewide offices are on the ballot in 2026.

A U.S. Senate run would take significant capital; last year’s contest was the most expensive in the nation with more than $165 million in fundraising. Talarico’s state campaign account had $639,000 at the end of last year. Democrats said they are confident he could bring in national donors because of his ability to gain traction on social media.

Talarico’s legislative speeches are often clipped and posted on his official accounts. On TikTok he has 880,000 followers. In the last month alone, his videos have racked tens of millions of views, surpassing even national Democratic figures such as Pete Buttigieg, Bernie Sanders and Alexandria Ocasio-Cortez.

“I’ve talked to him about running for governor all session long, but he’s told me he’s looking at Senate instead,” said state Rep. Gina Hinojosa, another Austin Democrat.

“I think that he’s good at taking the fight to Republicans,” she said. “There’s probably no more vulnerable Republican statewide candidate than Ken Paxton, and Talarico has shown that he’s very adept at challenging and taking on Republicans on their weaknesses.”

The list of people who are “thinking about” a Senate race is considerably longer than what is shown above. Like Rep. Hinojosa. I would have encouraged Rep. Talarico to consider running for Governor, but he’s going to do what he’s going to do. I believe at least one person from the “maybe Senate” list will eventually run for something else.

Dems do have a candidate for Lite Guv in State Rep. Vikki Goodwin. With the legislative session over and fundraising now open, we’re likely to hear more announcements of retirements, re-elections, and candidacies for various offices. Fundraising will of course be a big deal – as noted Talarico had $638K on hand as of January; he’ll need to step that way up, and he’s got some time to make an impression for the July report if he’s serious. (Rep. Goodwin has $150K on hand, and as she is in for Lite Guv, she will definitely need to get it going.) Talarico has been successful on social media and that will help him. The Current and Reform Austin have more.

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A change in when we vote early

Very interesting.

Texas will no longer have a three-day gap between the end of early voting and Election Day under a bill passed by the Texas Legislature that is heading to Gov. Greg Abbott.

Currently, Texas ends in-person early voting on the Friday before Election Day and restarts voting on Tuesday morning at 7 a.m. for Election Day. But under the new changes, the gap is gone and Texas will essentially have one voting period that runs for 13 days.

“So this means once the voting starts — the same number of early vote days — it just doesn’t stop,” Lt. Gov. Dan Patrick said of the changes.

The bill by state Sen. Bob Hall, a North Texas Republican, had big support among Democrats too.

“What it means is we’ll now have two weekends of early voting instead of just the one,” said State Rep. John Bucy, a Williamson County Democrat.

Bucy said he’s always wary of changes to election laws, but in this case, voters are getting two full weekends of early voting.

It’s one of the few bipartisan election bills in recent years at the Capitol, where there’s been fierce battles over Republicans’ efforts to change voter registration rules, limit voting hours and change vote-by-mail rules all in the name of rooting out fraud.

If Abbott signs the bill into law, the change won’t go into effect until after the 2026 elections to give counties time to adjust to the new scheduling. They are expected to be in place for the next presidential election cycle in 2028.

The bill also changes how the state reports election results. No longer will state election officials report early vote results shortly after polls close on election night. Instead, those results will be included later when voting results from Election Day are also ready to be released.

The bill in question is SB2753, and the key passage is this:

SECTION 15. Sections 85.001(a) and (e), Election Code, are amended to read as follows:
(a) The period for early voting by personal appearance begins on the 12th [17th] day before election day, [and] continues through the [fourth] day before election day, and includes Saturdays, Sundays, and holidays, except as otherwise provided by this section.

So if I’m interpreting this correctly, instead of early voting in person beginning three Mondays before Election Day (this is assuming a Tuesday election) and running through the Friday before, it will begin two Thursdays before and run through the Monday immediately before. If this were in effect this year, instead of early voting starting on Monday, October 20 and running through Friday, October 31, it would begin on Thursday, October 23 and run through Monday, November 3, with Election Day being on Tuesday, November 4. Still twelve days of early voting in person, just shifted forward by three days.

I think I like it. I agree with Rep. Bucy, it’s nice to have that second weekend included. There’s more to the bill than just this, and I’ll leave that to others to explore at this time. Senator Hall is, to put it mildly, not someone to trust in electoral matters, so I remain at least a little wary. But again, if my interpretation is correct, this sounds fine to me. Am I missing something? What do you think? Reform Austin has more.

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Texas DREAM Act suddenly killed by activist judge

This is some bullshit.

Undocumented students in Texas are no longer eligible for in-state tuition after Texas agreed Wednesday with the federal government’s demand to stop the practice.

The abrupt end to Texas’ 24-year-old law came hours after the U.S. Department of Justice announced it was suing Texas over its policy of letting undocumented students qualify for lower tuition rates at public universities. Texas quickly asked the court to side with the feds and find that the law was unconstitutional and should be blocked, which U.S. District Judge Reed O’Connor did.

Texas Attorney General Ken Paxton claimed credit for the outcome, saying in a statement Wednesday evening that “ending this discriminatory and un-American provision is a major victory for Texas,” echoing the argument made by Trump administration officials.

“Under federal law, schools cannot provide benefits to illegal aliens that they do not provide to U.S. citizens,” U.S. Attorney General Pam Bondi said in a statement Wednesday. “The Justice Department will relentlessly fight to vindicate federal law and ensure that U.S. citizens are not treated like second-class citizens anywhere in the country.”

The Justice Department filed its lawsuit in the Wichita Falls division of the Northern District of Texas, where O’Connor hears all cases. O’Connor, appointed by President George W. Bush, has long been a favored judge for the Texas attorney general’s office and conservative litigants.

Texas began granting in-state tuition to undocumented students in 2001, becoming the first state to extend eligibility. A bill to end this practice advanced out of a Texas Senate committee for the first time in a decade this year but stalled before reaching the floor.

The measure, Senate Bill 1798, would have repealed the law, and also required students to cover the difference between in- and out-of-state tuition should their school determine they had been misclassified. It would have allowed universities to withhold their diploma if they don’t pay the difference within 30 days of being notified and if the diploma had not already been granted.

Republican Sen. Mayes Middleton of Galveston authored the legislation, which would have prohibited universities from using any money to provide undocumented students with scholarships, grants or financial aid. It would have also required universities to report students whom they believe had misrepresented their immigration status to the attorney general’s office and tied their funding to compliance with the law.

Responding to the filing Wednesday, Middleton wrote on social media that he welcomed the lawsuit and hoped the state would settle it with an agreement scrapping eligibility for undocumented migrants.

[…]

This issue has come before the courts before. In 2022, a district court ruled that federal law prevented the University of North Texas from offering undocumented immigrants an educational benefit that was not available to all U.S. citizens. The 5th U.S. Circuit Court of Appeals threw out that case on procedural grounds, but noted there likely were “valid preemption challenges to Texas’ scheme.” Trump administration lawyers repeatedly cited that finding throughout Wednesday’s filing.

“States like Texas have been in clear violation of federal law on this issue,” said Robert Henneke, executive director and general counsel at the Texas Public Policy Foundation, the conservative think tank that brought the 2022 lawsuit. “If anything, it’s surprising that this wasn’t brought earlier.

Don Graham, a co-founder of TheDream.US, the largest scholarship program for undocumented students, said these young people already face significant hurdles to get to college. They cannot access federal grants and loans, so legal action to rescind in-state tuition could prevent them from completing or enrolling in college altogether, he noted.

“It’ll mean that some of the brightest young students in the country, some of the most motivated, will be denied an opportunity for higher education,” Graham said. “And it’ll hurt the workforce, it’ll hurt the economy.”

Hundreds of Texas students who have been awarded a Dream.US scholarship went into nursing and education, professions that are struggling with shortages. Recent economic analysis from the American Immigration Council suggests rescinding in-state tuition for undocumented students in the state could cost Texas more than $460 million a year from lost wages and spending power.

The loss of thousands of students will also have an immediate financial impact on universities, according to available data. About 20,000 students using the law to enroll at Texas universities paid over $81 million in tuition and fees in 2021, according to a report from progressive nonprofit Every Texan. In the wake of the court’s ruling, advocates said stifling those enrollments would create cascading effects.

“This policy has been instrumental in providing access to higher education for all Texas students, regardless of immigration status, and dismantling it would not only harm these students but also undermine the economic and social fabric of our state,” said Judith Cruz, assistant director for the Houston region for EdTrust in Texas.

At least one organization, Immigrant Families and Students in the Fight, which goes by its Spanish acronym FIEL, released a statement saying it would challenge the court’s judgment. “Without in-state tuition, many students who have grown up in Texas, simply will not be able to afford three or four times the tuition other Texas students pay,” FIEL Executive Director Cesar Espinosa said. “This is not just.”

I want to note that the 2001 law passed with near-unanimous support in both chambers. It was not only uncontroversial, it was popular. Political support for such laws can certainly change over time, but it’s bizarre to me that it could have been illegal all this time. And that’s even before we get into this lightning-fast lawsuit-followed-by-immediate-settlement, which sure doesn’t seem like how the legal system usually acts. I may not be a lawyer, but Steve Vladeck is, and he calls bullshit, too.

Within a span of just over six hours, (1) the federal government sued Texas challenging a state law under which undocumented immigrants who reside in Texas are eligible for in-state tuition at Texas’s colleges and universities; (2) Texas agreed to “settle” the lawsuit by consenting to a judgment under which the state would be permanently enjoined from enforcing the law because it violates the Supremacy Clause of the U.S. Constitution (ostensibly because it is preempted by federal law); and (3) the consent judgment was approved by the district judge—Judge Reed O’Connor, who had a 100% chance of having this case assigned to him, since it was filed by the federal government in … the Wichita Falls Division of the Northern District of Texas.

There are at least three problems with what happened here. First, the Supreme Court has long made clear that Article III courts lack the power to adjudicate such transparently collusive lawsuits—because there is no true case or controversy when “both litigants desire precisely the same result.” Indeed, district courts are supposed to have an obligation, in such circumstances, to protect the jurisdiction of the federal courts. Not so much, here.

Second, even if there’s some way to satisfy Article III in this context, it’s Republicans who have spent much of the past decade railing against what they’ve described as “sue-and-settle,” where a federal agency defendant agrees to settle a lawsuit with a plaintiff on the (alleged) ground that the agency agrees with the plaintiff’s regulatory goals. Those cases (1) usually take longer than six hours; (2) tend to involve contexts in which the agency has a good-faith argument that it’s going to lose the lawsuit if it doesn’t settle; and (3) are typically brought by directly affected interest groups. In all three respects, this seems … worse. Indeed, part of what appears to have prompted yesterday’s activity was the fact that two bills intended to repeal the 2001 state law failed this week in the Texas Legislature. A collusive lawsuit by the United States against a state shouldn’t be a backdoor when the democratic process has already declined to intervene.

And third, of all of the courthouses in which the United States and Texas could’ve played this game, they singled-out Wichita Falls—one of the handful of “single-judge” divisions remaining in any federal district court in the country after the Judicial Conference’s March 2024 policy statement strongly discouraging the practice. Not only does that suggest a lack of confidence on the parties’ part that a randomly assigned judge would have endorsed these shenanigans, but it also drives home that, for all of the complaining by the current administration and its supporters about “judge shopping” by litigants challenging Trump policies, the only real judge shopping that’s currently going on is by the federal government.

It’s all a stain on the federal courts—one that, in this case, comes at the literal expense of as many as 20,000 Texans who have been living in the United States since they were children. Everyone involved in this sham proceeding ought to be ashamed of themselves—and, if given the chance, the Fifth Circuit shouldn’t let it stand. I’m not holding my breath.

The long list of things that the next Democratic government needs to deal with includes as a high priority killing off these judicial cheat codes for the likes of Ken Paxton and his cronies. That’s too far in the future to worry about right now. The thing to do now is appeal, however long a shot that is. I wish I had a better answer. The other thing to do is make this a part of the case against Trump on the grounds of limitless, unrelenting grift, corruption, and crime. The biggest problem there is that it’s so vast regular people have a hard time wrapping their minds around it. The best way to deal with that is to tell relatable stories about it, and boy is there no shortage of those. Daily Kos and Reform Austin have more.

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Whitmire’s budget passes

On to the next thing.

Mayor John Whitmire

The City Council approved Mayor John Whitmire’s nearly $7 billion budget on Wednesday after months of strenuous efforts to cut costs and streamline services as officials contended with the largest deficit in Houston’s history.

The nearly eight-hour, high-tension meeting included a protest from members of storm recovery nonprofit Northeast Action Collective that ended with the clearing of the council chambers by City Hall security officers.

Whitmire’s budget passed with a near-unanimous vote, with only Council Members Edward Pollard, Abbie Kamin and Tiffany D. Thomas voting in opposition. Pollard voted no over his worries about the city continuously spending more than it was bringing in, and Kamin voted no due to her concerns about the budget inadequately accounting for disaster response.

“Mayor, it’s not personal,” Kamin said. “I respect you. There’s a lot of hard work that has been put into this by city staff, and I hope that your administration will not seek retribution against the district and our residents.”

[…]

All 22 city departments were asked to reorganize and consolidate as they formed their respective budgets. Other efforts to save costs included implementing a hiring freeze and offering eligible employees an opportunity to retire.

More than 3,000 employees ended up retiring May 1. Houston’s Public Works Department saw the most cuts at 342 exits.

Among the largest contributors to this last year’s budget deficit was a denied Texas Supreme Court ruling that required the city to follow local law and spend hundreds of millions more on streets and drainage every year.

In an effort to stave off immediate financial impacts that would have added to the city’s deficit, Whitmire’s team negotiated an agreement with plaintiffs to phase in payments to the drainage fund over the next four years.

That settlement agreement came with pushback from advocacy groups, who argued that the city didn’t seek enough community feedback and had violated the will of the voters by negotiating a closed-door deal. The payment agreement was ultimately approved by a judge days before the budget sailed through council.

Members of Northeast Action Collective showed up to the council chambers in droves Wednesday clad in yellow shirts and held up large signs reading “YOUR BUDGET IS A SCAM” and “NO TO THE BUDGET!”

The group has been advocating against the city’s budget and say it under funds critical services like drainage and over funds public safety.

Collective members were vocal about their thoughts about the budget throughout Wednesday’s meeting, fluttering green and red sheets of paper for budget ideas they liked and didn’t like. They also held a news conference ahead of the meeting’s start outside City Hall.

Tension came to a head when City Hall security cleared the council chamber after an outburst among the group’s members as council members presented their budget amendments.

Whitmire told the council Wednesday the city has no plans to press charges against the group’s members for disrupting the meeting.

The department with the largest cut was the Department of Neighborhoods, which will be operating with around half the budget it had last year at around $7.4 million.

See here, here, here, and here for some background. Houston Public Media adds some details.

Council members offered 71 amendments to the budget. Fourteen of them were approved, including hiring additional animal enforcement officers, extra funding for kennel cleaning at the city’s animal shelter, drainage and ditch improvements, and the creation of an investment fund to address health benefits and life insurance for retired city employees.

Facing a more than $200 million deficit this year, Whitmire’s administration slashed about $75 million in spending from the city’s $3 billion general fund.

[…]

The vast majority of the proposed amendments fell short. In the most narrow defeat, council members declined to lower their own budgets by 2%. The proposal from Flickinger failed in a 12-5 vote. In the most narrow success, council member Mary Nan Huffman’s proposal to cap certain travel expenses passed in a 9-8 vote.

Huffman also authored a successful amendment to allocate more than $3 million to address drainage concerns at the local level across the 11 city council districts.

At the end of the current fiscal year, there will be about $380 million in the fund balance, according to the mayor’s finance department. The controller’s office expects about $354 million. They project a deficit for next year of $107 million to $134 million, which could leave as little as $31 million in wiggle room above the required savings threshold.

“The budget is, of course, not structurally balanced,” City Controller Chris Hollins told city council at the start of the meeting. “It contains a projected shortfall of over $100 million to be covered by spending down the city savings account to near our reserve threshold.”

“(Hollins) stated that instead of cutting spending or identifying sustainable revenue, the proposal is to draw down from the fund balance. That’s not true,” responded finance director Melissa Dubowski. She pointed to efforts to reduce bloated spending on contracts with external vendors, as well as an estimated $30 million in general fund savings after more than 1,000 municipal workers accepted early retirement buyouts in April at an upfront cost of $11 million.

“We certainly are drawing from fund balance to close the remaining budgetary gap,” Dubowski said, “but what he failed to mention is that this proposed budget actually is a decrease from the previous year.”

If the baseline financial situation continues, the finance department projects a more than $460 million budget deficit by the end of the decade — an untenable trend that would exhaust the fund balance.

I’ve not seen a city budget come close to failing, so this one’s passage is no surprise. All I know for sure is that it won’t be any easier next year. We have needed to raise revenue for a long time, and if there’s one thing to say about where we are now, it’s that we’ve done the cuts and efficiencies and consolidations. If now is not the time to alter or remove the stupid revenue cap and add a garbage fee, when will it ever be? The Press and Emily Hinds have more.

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Rep. Jolanda Jones announces for CD18

Not a surprise.

Rep. Jolanda Jones

State Rep. Jolanda Jones, D-Houston, on Monday jumped into the race for the congressional seat left open by the death of U.S. Rep. Sylvester Turner, the former Houston mayor.

“The simple fact is no one will fight harder to stop Republicans from taking away our social security, our public schools, our health care, our constitutional rights and more,” Jones said in a statement announcing her campaign.

“I am the only candidate in this race who has fought for our families in the Legislature, in the courtroom, on city council and on the school board,” said Jones, who was elected to the Texas House in 2022. “I helped shut down Houston’s corrupt crime lab, helped extend Medicaid coverage for new mothers and their babies and cut taxes for seniors and homeowners.”

[…]

In Congress, Jones said she would “fight to stop Trump cuts to healthcare and Medicaid, Social Security, education and veterans,” and work to expand healthcare coverage and affordability. She also emphasized bringing back the right to an abortion.

“I’ve been fighting my entire career for women’s rights, bodies, and voices, and will never stop working to restore abortion rights to make sure women — not politicians — make their own healthcare decisions,” said Jones, a criminal and family lawyer with her own practice.

The district is a Democratic stronghold, meaning the Democratic nominee is almost certain to win the election and could hold onto the seat for years.

Menefee was the first to launch his campaign, and has secured high-profile endorsements, including former U.S. Reps. Colin Allred and Beto O’Rourke, who both challenged U.S. Sen. Ted Cruz. Jackson Lee’s daughter, Erica Lee Carter, is serving as his campaign chair after briefly representing the district after her mother’s death.

Jones said she “deferred” her decision to run until the legislative session concluded this week so that she could focus on representing her constituents in the Texas House, where she served on the criminal jurisprudence, public health and redistricting committees. She was also the vice chair of the subcommittee on juvenile justice.

“I promised my constituents I would fight for them every day through the end of the legislative session — and I did exactly that,” she said.

Rep. Jones has been in the conversation for this race from the beginning. As I’ve said before, this is a free shot for State Reps like her and anyone else who might be considering it. Unlike Christian Menefee, and CM Letitia Plummer, who is still in the “thinking about it” camp, she doesn’t need to step down (unless she wins), and she doesn’t need to commit to one primary or another at this time. Waiting until the end of the session is the time-honored way to do it – not having to worry about a special session is a bonus – but it does put her behind on fundraising. She has till the end of the month to make up some ground for the Q2 report. I’ll be looking very closely at those.

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Tarrant county does mid-decade redistricting and gets sued over it

First there was this.

The Tarrant County Commissioners Court could get a bigger conservative majority next year under a new map passed Tuesday.

Republican Commissioners Manny Ramirez, Matt Krause and County Judge Tim O’Hare voted to adopt the map. Democratic Commissioners Alisa Simmons and Roderick Miles Jr. voted against it.

The map reshapes the two Democrat-controlled precincts and makes Precinct 2 more friendly to Republicans, according to past election data shared by the county.

This could make it harder for Simmons to be reelected to Precinct 2 in 2026.

“This appears to be a calculated attempt to strip representation from the very communities that we were elected to represent,” Simmons said at Tuesday’s meeting.

State Rep. Tony Tinderholt, R-Arlington, announced his candidacy for Precinct 2 almost immediately after the vote — the day after he announced his retirement from the Texas House.

“Throughout my career, I’ve fought to protect our values, ensure responsible government, and serve the people of Texas with integrity and commitment,” he said in a statement posted to X. “I’m running to bring that same leadership and experience to Tarrant County, and I humbly ask for your trust and your vote as we work together to strengthen our community and build a more prosperous Tarrant County.”

Simmons plans to run for reelection, she confirmed to KERA News in a text message.

The county released five potential redistricting maps at the beginning of May that were discussed at four public hearings throughout the county. On Friday, the county posted two more maps online, options six and seven. Krause moved to adopt option seven, and that’s the map that was approved.

“For the most part, I thought it maximized the partisan advantage to about as much as it could,” Krause told reporters after the meeting.

This is a long story and a long process that got us here, so read the rest and I’ll point to some other stories in a bit. Maximizing partisan advantage – or at least trying to – is a thing that redistricters do, and legally speaking they can do that. Normally this is done following the Census, but Tarrant County decided in 2021 that they didn’t need to redraw their Commissioner precincts, not even to rebalance population. Seems weird to me given that Tarrant is a growing county, but whatever. Doing it outside of the year following a Census is not the norm, but as far as I know there’s no clear law or precedent barring it. So here we are.

There are of course other possible ways in which this may be illegal, and so the next day we got this.

A group of Tarrant County residents have filed a federal lawsuit over the county’s new commissioners court precinct map, accusing the county of disenfranchising Black and Latino voters.

Commissioners voted 3-2 along party lines to adopt the new map Tuesday. It largely reshapes precincts 1 and 2, which are represented by Democrats. The court’s Republican majority has openly said the goal was to create another Republican precinct, and the new map does just that — redrawing Precinct 2 with more Republican voters.

Throughout the redistricting process, opponents have accused Republicans of racial gerrymandering. They said the new map — called Map 7 in the lawsuit — takes voters of color out of Precinct 2 and packs them into Precinct 1.

The Lone Star Project, a Democratic political action committee, shared the lawsuit in an emailed news release. The U.S. District Court for the Northern District of Texas confirmed the lawsuit had been filed.

“Map 7 surgically moves minority voters from District 2 to District 1 while just as carefully moving Anglo voters from District 1 to District 2,” the lawsuit states. “The resulting map —in a county in which the majority of residents are non-Anglo — has three Anglo-majority precincts and one majority-minority precinct.”

Republican commissioners have denied redistricting has anything to do with race. People who dislike the way maps are drawn use race as a tool to try to get them thrown out, Commissioner Matt Krause said at a public hearing in Hurst in May.

“The Supreme Court’s not gonna step in if it’s a partisan gerrymander,” he said. “That’s why you have to allege that racial component, because that’s the only way you can ever get into court to find relief, whether there’s any basis to it at all.”

The lawsuit was filed Wednesday in the U.S. District Court for the Northern District of Texas, Fort Worth Division. Tarrant County, the commissioners court and County Judge Tim O’Hare are listed as defendants.

I mean, this is the turf over which Congressional and legislative redistricting have been fought in Texas for decades. SCOTUS, as we well know, has made that fight much harder to wage, much less win. That said, it is still possible to win such a suit. It’s just that it may take several years, and unless the new maps are enjoined in the meantime the redistricters will get to enjoy the spoils of their scheme, however it ends up. I strongly suspect that’s what will happen here.

In the meantime, the best case scenario for the Dems would be to win some countywide elections in Tarrant, and perhaps also the redrawn Precinct 2 seat. Tarrant had been trending blue – Beto famously carried the county in 2018, and Biden did as well in 2020 – but downballot Dems didn’t do as well those years, and the progress didn’t continue in 2022 and 2024. That said, Colin Allred carried Tarrant County in 2024, a fact I had not realized until I looked it up for this post. Trump won Tarrant by five and Tarrant’s controversial Sheriff won it by seven. In 2022, Greg Abbott won Tarrant by four points, Dan Patrick won it by two, and Tim O’Hare won it by six. Commissioner Simmons won her original precinct by three points. If 2026 is a good year, then knocking off O’Hare is in play. I don’t know enough about the new Precinct 2 to say, but it should at least be a goal.

So there you have it. There are links to earlier stories in this saga in that Fort Worth Report story, so check those out as well. It will not shock me if there’s a temporary restraining order put on the new map by a federal district court judge, which is then lifted by the Fifth Circuit. That’s a movie we’ve seen plenty of times before. I will keep an eye on it.

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Why are we messing with pension reform?

I do not understand this.

Mayor John Whitmire

The Texas Legislature, with Mayor John Whitmire’s support, is on the cusp of rolling back reforms to Houston’s police and firefighter pensions, worrying experts who call the changes premature, ill-considered, even “stupid.”

The proposal comes just eight years after the Legislature passed sweeping reforms to Houston’s employee pensions, which at the time were underfunded by $8.2 billion. That enormous debt, two decades in the making, helped spur a financial crisis that led rating agencies to downgrade the city’s credit. Efforts to address the problem spanned three mayoral administrations.

House Bill 2688, which passed both chambers unanimously late last month and awaits Gov. Greg Abbott’s signature, leaves most reforms intact but reverses two key changes: It would again let police officers and firefighters retire after 20 years of service, regardless of their age. And it would make them eligible for a controversial program that lets employees retire on paper but keep working while the pension payments they would have received grow, with interest, in their individual accounts.

Past reforms closed this deferred retirement option plan, or DROP, to officers hired after 2004 and to firefighters hired after 2017. Those reforms also required workers to be older, work longer, or both, before earning full benefits.

Craig Mason, a retired actuary who worked as a pension consultant under multiple Houston mayors, was shocked to learn of this year’s legislation.

“They lowered the retirement age, which is an inducement to retire, and then they add DROP, which is an inducement to stay on. That’s stupid. It’s cross-purposes,” he said. “This is just mind-boggling to me. They’re going backwards.”

The bill’s supporters say the measure is a way to retain police and firefighters at a time when both departments’ headcounts are down. They also insist the measure is cost neutral, pointing to actuarial projections submitted by the pension funds and deemed “reasonable” by the state Pension Review Board.

“I wouldn’t have passed this legislation if it walked back the important reforms from 2017, or put taxpayers, the pension plans and the city at risk by creating new unfunded liability,” said state Sen. Joan Huffman, R-Houston, who sponsored the bill in the Senate and also carried Houston’s 2017 pension reform bill.

Though the city did not take an official position on the measure, Whitmire, who as a state senator often carried bills the firefighters’ pension fund supported and served as a federal lobbyist for the fund in 1993, cheered the bill’s passage.

“It will assist us in recruiting and retaining firemen and policemen,” Whitmire said in an interview last week. “Our actuarial people say it’s cost-neutral. Sounds to me like a win-win.”

The mayor had hinted at the idea of reviving the DROP program for officers last fall. He also has given hefty raises to officers and firefighters since taking office last year, despite Houston’s long-running budget challenges. The deal settling a long-running pay dispute with the firefighters, in particular, worried ratings agencies.

[…]

Josh McGee, a former chairman of the state Pension Review Board who played a key role in the 2017 reforms, pushed back on this “Oh, it will pay for itself” attitude.

The DROP program was not restructured so that the money it produces for the pension funds could offset the cost of other retirement benefits, he said. It was done to ensure the program produces enough money in good years to offset its own cost in a downturn – since the city guarantees DROP accounts will earn 2.5% interest annually, regardless of market conditions.

Nor would it take a serious downturn to increase what the city owes its pension funds. The city must contribute more anytime the funds earn less than 7% over a 5-year period – that’s the core assumption on which all Houston pension math is based.

“It’s cost-neutral under this one actuarial note, but if they miss their 7% return by just a little bit it will not be cost neutral – it will have a significant, meaningful cost to the city,” McGee said. “It’s based on a risky assumption. That’s part of the practice that got pension plans into the trouble they’re in to begin with.”

John Diamond of Rice University’s Baker Institute for Public Policy, who has researched public pensions, said the current DROP structure is “harder to take advantage of.”

“But there’s still a risk,” Diamond said. “And part of that risk is once they get all these people in, they’ll start expanding DROP benefits – they’ll start loosening the rules.”

Houston finance director Melissa Dubowski acknowledged the bill’s cost-neutral projections hold true only if the funds meet their 7% assumed rate of return in the market.

Still, she said HB 2688 does not increase the risk to taxpayers because the bill retained a provision of the 2017 reforms – dubbed the “corridor” – that would force the city and pension funds to negotiate benefit cuts if the city’s costs rise above a specified level.

Kelly Dowe, who served as Houston finance director during the 2017 reform push, said this view should not comfort taxpayers.

“The worry everyone had with the corridor is: What happens if you go out the top?” Dowe said. “The only remedy is the city and the pension funds must come to the table and agree. But there’s no mechanism for forcing agreement – and you’ll forgive me if I’m a little skeptical of what this administration would do if we go over the top of the corridor.”

I admit, I’m flummoxed by this. I can understand the desire to retain employees, though doing so by simultaneously allowing them to retire and also continue to work and thus enhance the value of their retirement seems like an awfully expensive benefit. And less than a decade after a multi-year, multi-session effort to reign in pension costs in the first place. It feels like we’re breaking out the ouija board and painting a new pentagram on the floor after finally getting a “no longer haunted” certificate from the exorcist. Like, what are we doing here?

Also, too, maybe we don’t need to hire a bunch more cops? Maybe we could do an efficiency study, like the one we just endured for the municipal workforce, and figure out how to better deploy our existing resources for cost savings and improved results? I know, that’s crazy talk, who could even imagine such a thing. Let’s just throw money at the problem, because nothing says “fiscal responsibility” and “we need to root out all the waste” like that. I’m sure it will all work out in the end. Reform Austin has more.

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Abbott will be appointing a new Comptroller soon

Just a reminder. And that person will have a lot more influence than usual coming out of the gate.

Glenn Hegar

Gov. Greg Abbott is expected to choose a new state comptroller in the next few weeks, who will have an outsized role in the state’s rollout of private school vouchers.

The next comptroller is tasked with everything from marketing the program, which gives students around $10,500 a year to put toward private education, to running the lottery to determine who gets the funds.

Glenn Hegar is stepping down from the job this month after being named chancellor of the Texas A&M University System. Abbott can appoint his replacement, and with the legislative session wrapping up, his pick will avoid a Senate confirmation battle.

The stakes will be unusually high — for Abbott and his pick.

“Personnel is policy. Having the right people in the right place means you get the policy implemented in the way that you want,” said Brandon Rottinghaus, a political scientist at the University of Houston. “The controversy about vouchers is the potential for there to be a spiraling cost and for it to be applied in an unfair way. The governor has to put someone in place who will watch those numbers carefully.”

Abbott has yet to hint who he will choose to carry out his signature issue. The statewide position is up for election next year, and several Republicans are already campaigning for the job. They include Christi Craddick, chair of the Texas Railroad Commission, and Don Huffines, who served in the Texas Senate and ran unsuccessfully for governor in 2022.

[…]

Under the $1 billion statewide voucher program signed into law this spring, students will have access to state-funded education savings accounts they can put toward private school tuition, tutoring, books or homeschool costs.

The comptroller’s office will be provided $30 million and authorized to hire 28 new staffers to run the program.

The agency must write the applications for parents and set the deadlines, approve vendors, contract with marketing firms to promote the program around the state, collect data about participants and audit the spending to protect against fraud.

It also has to contract with up to five “educational assistance organizations” that will interact directly with parents to run the program. Those middlemen, which can be for-profit private companies, are authorized to collect up to 5% of the program funds as payment for their role — or $50 million total this biennium.

And timing is critical. The comptroller has to get the program up and running quickly, or risk creating a Catch-22 that could restrict access to families: Students need to be enrolled at a private school before they are eligible to receive funds under the program, but many won’t be able to attend the school unless they receive the funds.

With the vouchers set to take effect in the 2026-2027 school year, in order to gain admission in time, some students will need to start submitting applications to private schools as early as this fall.

See here for some background. There’s always the chance that the new Comptroller could screw this up in a variety of ways, which would be Such A Terrible Shame. There’s also a decent chance that some form of fiscal malfeasance will occur, as is always the case with more money and power than oversight and accountability. Since there will surely be a contested GOP primary for Comptroller regardless of who Abbott picks, those people will at least have some motive to keep a sharp eye on how it’s working. Root for the chaos, it’s the best opportunity we’ll have.

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Texas blog roundup for the week of June 2

The Texas Progressive Alliance is always happy to hear sine die as it brings you this week’s roundup.

Continue reading

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Time to bury the 2025 Legislature

Good riddance.

Texas lawmakers gaveled out of their 140-day legislative session on Monday after passing a raft of conservative policies, from private school vouchers to tighter bail laws, that furthered the state’s march to the right.

The Legislature wrapped up without the same drama that defined the end of the last two sessions, when Democratic walkouts, a last-minute impeachment and unfinished priorities prompted overtime rounds of lawmaking.

This time, Gov. Greg Abbott checked off every item on his main to-do list. Lt. Gov. Dan Patrick, the powerful hardline GOP Senate leader, accomplished the vast majority of his own priorities, working in concert with first-term House Speaker Dustin Burrows, R-Lubbock, to send a laundry list of conservative bills to Abbott’s desk.

The GOP-controlled Legislature’s productive session left Democrats feeling dour with only scattered wins. They were able to block a handful of Republican priorities and they pushed several major bipartisan measures — from funding for public schools to water infrastructure — that made it across the finish line.

The main difference this time is that these things were accomplished without having to call a special session, where it’s easier to use time- and process-based obstacles to slow things down enough to make some other things fall off the calendar. There were, as we noted, some bad bills that died at the end of the session in that chaotic ramble, but there were plenty of bad bills that got ushered through. A number of them will draw litigation, and some of that will be successful; other lawsuits may just put it off for awhile. You know what I’m going to say next: The only way any of this changes is with a different cast of characters in charge. Indeed, that’s what the Republicans have managed to do over the past 20 or so years, with significant acceleration in recent elections. Maybe they will stretch that too far; maybe they already have. The time to work on that is now.

The article above covers a lot of the main items, but there’s a lot more, and the worst of it deserves more depth, so here’s a brief roundup on the main ways that the Lege made things worse:

Bill to give political appointees more oversight over Texas universities wins final passage
Texas will require public school classrooms to display Ten Commandments
Texas’ DEI ban on public schools heads to Gov. Greg Abbott for final sign-off
Texas will require state documents to reflect sex assigned at birth
Texas just defined man and woman. Here’s why that matters.
Bill requiring that Texas sheriffs work with federal immigration authorities heads to governor’s desk
Asian Texans for Justice Condemns Passage of SB 17 as Xenophobic Policy

That last one is about a new law that further restricts who can own property in Texas, mostly banning visa holders from countries including China, Iran, North Korea, and Russia from buying property other than a primary residence.

For more on what did pass, in all its ugliness, see:

Reform Austin
Bayou City Sludge
Lone Star Left
The Current

There’s plenty of material to work with in 2026. Get involved with a campaign or an organization and do your best.

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Still on the “what will Greg Abbott do with the THC ban” question

He’s going to take his sweet time, that much is for sure.

Gov. Greg Abbott is facing intense political pressure over a bill that would ban products containing tetrahydrocannabinol, or THC, as hemp industry leaders mount a full-court press urging the governor to veto the measure while Lt. Gov. Dan Patrick and his allies urge Abbott to sign it into law.

The issue has sparked backlash from both sides of the aisle, including from conservatives ordinarily supportive of Patrick’s hardline agenda. An April statewide survey by the Texas Politics Project at the University of Texas at Austin found that 55% of Republicans believe Texas’ marijuana and cannabis laws should be less strict or left as they are now, compared to 40% who said they should be stricter.

Less than one-third of voters of all political persuasions said the state should stiffen its THC laws. Yet, should he break out the veto pen, Abbott would likely incur the wrath of Patrick, the powerful Senate leader who made the ban one of his top priorities, calling THC-infused products — such as gummies, beverages and vapes — a “poison in our public.”

In a sign of the intense fallout since lawmakers approved the ban, Patrick called a news conference last week to renew his criticism of the hemp industry and the products they are pushing, which he said are designed to appeal to children.

[…]

Asked if he was calling the news conference over concerns about an Abbott veto, Patrick said he was “not worried about the governor.”

“I’m worried about the pressure on the media and the general public to try to keep this going in some way and bring it back,” Patrick said, adding, “I’m not going to speak for the governor. He will do what he is going to do. I have total confidence in the governor.”

Meanwhile, as the Legislature prepared to gavel out for the session on Monday, hemp industry leaders held their own news conference to call for Abbott to veto the bill — underscoring the competing pressures now facing the governor.

See here for some background. I’ll say again, Greg Abbott will do whatever Greg Abbott thinks is best for Greg Abbott. I lean towards him signing the bill (or at least, not vetoing it; he could just let it become law without his signature) because I don’t think he wants to get into a pissing contest with Patrick. I see that oft-quoted poli sci prof Cal Jillson agrees with me on that, so make of it what you will. I also don’t think Abbott fears Republican voter backlash – I think he thinks that he dictates to them, not the other way around. I say, let’s find out. The Barbed Wire has more.

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Judge tells Ogg to zip it

I mean, come on.

A judge on Monday ordered former Harris County District Attorney Kim Ogg to stop talking to the media about the men accused of killing 12-year-old Jocelyn Nungaray.

District Judge Josh Hill tightened a gag order issued to lawyers involved in the case to specifically muzzle Ogg, who last week appeared on Fox 26, where she revealed previously unreleased details about one of the suspects in the case. Ogg said that one of the men accused of Jocelyn’s rape and murder had previously been accused of sexual assault in Costa Rica.

Ogg did not respond to a request for comment.

Ogg’s statements roiled the criminal courthouse. A previous gag order issued by Hill prohibited lawyers from speaking about the details of anyone involved in the cases or opinions about their guilt.

Josh Reiss, general counsel for the Harris County District Attorney’s office, called Ogg’s statements “extraordinary, grossly inappropriate, [and an] abhorrent violation of the rules of professional conduct.”

The DA’s office is also filing a grievance about Ogg to the State Bar of Texas, Reiss said in court.

“We are as serious as a heart attack about this,” Reiss said.

Reiss said Ogg violated professional rules regarding confidential information and against potentially prejudicing a pending case, and engaged in conduct that “reflect adversely on the legal profession.”

Ogg became aware of the allegation about Franklin Peña while she was district attorney, according to a motion to revise the gag order filed by the DA’s office Monday morning.

Lawyers for Peña and Johan Jose Martinez Rangel, the men accused in Jocelyn’s killing, also asked Hill to hold Ogg in contempt of court and for DA Sean Teare office to appoint a special counsel to investigate Ogg.

Hill extended the gag order against Ogg specifically and said he would consider making other changes proposed by the DA’s office at a future hearing.

[…]

Hill issued his original order in September to tamp down on comments on the case being made in the media, which Peña and Martinez Rangel’s lawyers said could prejudice potential jurors in their future trials, and make it impossible for the men to get a fair trial.

The order applied to Ogg when she was the district attorney, and both prosecutors and defense attorneys said the order still applied to her since leaving office.

Ogg in the interview said she was revealing the details because she disagreed with decisions Teare’s office had been making, particularly when dropping cases. Ogg said she wanted the “public to get the final say.” Reiss called Ogg’s interview politically motivated.

“Who would have thought that the former district attorney of Harris County would just take it upon themselves to go on television and just leak confidential information because she disagreed with the current district attorney’s decision making and she believed the public had a right to know,” Reiss said.

I have said many times in this space that I Am Not A Lawyer. I say that because I will opine on various legal matters and I want to make it clear that I’m just a layman, with no training or special knowledge. That said, I am not completely ignorant on the law and related matters. It’s easy enough to look up state laws, and often a simple reading of them is clear enough. I have friends and relatives who are lawyers and judges, and I’ve talked to them about legal matters of interest. I’ve done a ton of reading – news, analysis, legal opinions, etc – in service of this blog and of my own interest. I’m very much not an expert, but I do know a few things.

And one of the things I know is that there are very often restrictions on what an insider can say in public about a criminal case, especially on the prosecution side. There are a variety of reasons for this, starting with and primarily because of the presumption of innocence. Just one loose statement about a piece of evidence that has been or could be ruled inadmissible, and you’ve got yourself a botched case at the least and possibly worse. If I know this – hell, if most people who have seen an episode or two of Law and Order know this – then surely any actual attorney knows this. And that’s before we take the previously existing gag order into consideration.

So yeah. I will not speculate on motives, or on what may happen in the event that a complaint is filed with the State Bar. We’ll see what happens next. In the meantime, silence is golden.

Posted in Crime and Punishment | Tagged , , , , | 2 Comments

Two more years of Mike Miles

Worst Groundhog Day ever.

The state takeover of Houston ISD will continue for two more years before the Texas Education Agency announces the timeline for the transition back to elected board members overseeing the district.

TEA Commissioner Mike Morath said in a letter that HISD has made “tremendous” improvements in student academic performance during the first year of state intervention, as well as gains in finance, operations, special education compliance and school board governance.

However, he said the two-year extension of the state takeover through June 1, 2027, will allow HISD to build on its progress and “achieve lasting success for students” following the eventual transition to elected board oversight.

“If you think about the degree of systemic problems that existed in Houston for more than a decade, it is just proven two years is not quite enough time to see those systems completely turned around,” Morath said in an exclusive interview with the Chronicle.

Morath wrote that he would announce the timeline to transition back to elected board members on or around June 1, 2027. Once the transition back to elected oversight begins, the TEA will replace one-third of the appointed board with elected trustees every year until all nine elected trustees are seated.

State law required Morath to notify the appointed Board of Managers and elected trustees when the state takeover will end by June 1, 2025. It also allows him to extend the intervention for up to two years if he determined that “insufficient progress has been made toward improving the academic or financial performance of the district” after receiving local feedback.

[…]

State-appointed Superintendent Mike Miles’ initial contract with the Board of Managers ends Aug. 31, 2026, but he told the Chronicle last month that he plans to stay as the leader of the district throughout the takeover.

I suppose I expected this. If the results hadn’t been as good, that would be proof we need to do what we’ve been doing even harder, in the way that the justifications that used to be proffered for why we always need to spend more money on border enforcement would go: If illegal crossings go up, we need to step up our efforts and do more, while if they go down then what we’re doing is clearly working and we need to press onward. Lather, rinse, repeat. That said, now that we have touted all these gains, I’m just curious what happens if the gains level off. Would that be Mike Miles’ responsibility, or will the conclusion be that Miles has been failed by everyone around him? Have I mentioned lately that I’m happy my youngest kid is graduating this month? All the Dems in the Legislature criticize the move, and the Trib has more.

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Morath replaces half the Board of Managers

For reasons.

The Texas Education Agency has removed and replaced four of the appointed members of Houston ISD’s Board of Managers two years into the state takeover.

TEA Commissioner Mike Morath wrote that he removed board Vice President Audrey Momanaee, Cassandra Auzenne Bandy, Rolando Martinez and Adam Rivon from their roles as of Sunday. The four new board members will be Edgar Colón, Martyn Goossen, Lauren Gore and Marcos Rosales.

The four departing members had served on the district’s nine-member appointed school board since the state takeover of Texas’ largest school district in June 2023. The TEA removed oversight of the district from nine elected trustees when Wheatley High School triggered a state law by failing to meet the state’s accountability standards for seven consecutive years.

“I have nothing but praise to offer to these amazing individuals, and I want to extend my sincerest appreciation for their dedicated service to Houston ISD,” Morath said in a Monday press release. “I am extremely grateful for the exemplary servant leadership displayed by these departing board members over the grueling first two years of this intervention.”

[…]

[Elected Trustee Dani] Hernandez said it’s concerning that HISD is going to be losing four board members that ask questions, bring a parent perspective and give the community more insight into what’s going on. She said they were the voice HISD community members had on the board, and now they’re gone.

“It takes a long time to figure out how to be a board member, and they’ve all already gone through the governance model, and the questions that they were asking were part of being a board member and were in line with good governance, which is part of the exit criteria for HISD and the takeover, so it’s concerning and not necessarily transparent either,” Hernandez said.

Morath said in an interview with the Chronicle that he was replacing the members for a “mix of factors.” He said the new board members would help ensure that the board has “an environment that is representative of Houstonians” and would allow HISD to build off the academic progress of the last two years.

“What continues to be important is that we select people to serve on the board of character and integrity that bring their individual life experience, perspectives (and) their views. … The new people that are coming on bring on new perspectives, and sometimes that can be advantageous to have new insights (or a) new lens on different issues,” Morath said.

[…]

The four replaced board members have nearly always joined the remaining board members to approve proposals from Miles’ administration since the beginning of the state takeover, except in a few rare, limited circumstances.

The appointed board’s first significant public rebuke of Miles occurred in June 2024, when members approved the district’s $2.1 billion budget in a narrow 5-4 vote. Rivon, Martinez and Auzenne Bandy all voted against the measure, along with Cruz Arnold, although none publicly said why they voted “no.”

In a largely symbolic 3-4 vote two weeks later, the board rejected a progress report from HISD where the district stated it had not made any significant changes to programming or school options without a research-based analysis.” Auzenne Bandy, Martinez and Rivon all voted to reject the report, as well as Garza Lindner.

HISD wrote in the report that it had made five changes to school options or programming, but they had all been done with an analysis. However, at the time, several board members appeared to dispute the district’s interpretation of whether it had conducted appropriate analysis, and they later voted to finalize stricter limits on when and how Miles could make changes.

Morath said the decision to replace the four board members was “not at all” related to any potential criticism of the superintendent or the current direction of the district. He said the change was made to ensure “that we have the best representatives from Houston that we can during the entire process.”

Well, yeah, but as the story notes the takeover law also allows Morath to hire and fire the Board of Managers, and there was no actual process followed here, just Morath going by vibes. It’s the opposite of transparency. I don’t care about any of the individuals involved – frankly, the Board is an indistinguishable mass to me – but in the absence of a clear and understandable process, we’re all left to guess what’s going on. And from where I sit, who knows what that was. The Press has more.

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The THC ban and hemp farmers

Obviously bad for them.

Six years ago, Texas lawmakers opened a door to a new lifeline for farmers: growing hemp. Farmers invested time, money and land into growing the drought-resistant crop and developing the state’s budding hemp industry.

The same lawmakers are now slamming the door shut. All products containing tetrahydrocannabinol, or THC, could soon be banned in Texas. As a result, farmers are bracing for impact as they wait to go out of business.

“We wouldn’t be in the hemp business in a million years if they hadn’t passed that bill,” said Ann Gauger, co-owner of Caprock Family Farms in Lubbock. “Now we’re one of the largest hemp producers in the U.S., and their ban is going to shut that down.”

The Texas hemp industry, in its current form, has effectively been handed a death sentence with the upcoming passage of Senate Bill 3, authored by Lubbock Republican Sen. Charles Perry. On Sunday, the Legislature sent the bill, which bans consumable hemp products that contain even trace amounts of THC, to Gov. Greg Abbott’s desk. However, hemp can’t be produced without traces of THC, farmers say, regardless of the product.

The plant has been a target for lawmakers since the start of the legislative session, with the charge led by Lt. Gov. Dan Patrick. Patrick pulled out all the stops to make the ban pass, including with surprise visits to dispensaries in Austin and vows for a special session if it failed. Patrick and Perry say the hemp industry exploited a loophole in the bill that did not establish a threshold for hemp derivatives, other than delta-9 THC.

Texas Agriculture Commissioner Sid Miller has also walked back his opposition to an outright ban on THC, now aligning with Patrick’s position. He deleted a post on X where he called the THC ban a “sledgehammer” to farmers, and now Miller said the bill will not be detrimental to farmers. Miller said the hemp industry will thrive as it’s moving toward producing industrial hemp, a fiber type of hemp that does not contain THC. It could be used in construction materials, rope and more. He said they never intended to have THC available across Texas, and called it a dangerous situation.

“This just puts us back to where we started,” Miller told The Texas Tribune. “It’s going to be detrimental to a lot of businesses that have opened their business model on selling THC products. Those businesses will have to shut.”

In lawmakers’ pursuit of a ban, growers like Gauger were caught in the crosshairs. Gauger, who runs the business with her husband and two sons, felt ignored by most of the Legislaturestate leaders. Gauger says they did everything they could to get lawmakers to hear them over the last few months and testified to the House committee overseeing the bill. It did not work.

“Charles Perry says he has an open door policy. That is an absolute lie,” Gauger said. “We live in his district, and he will not see us. We’ve gone to his office in Austin, but he refuses to see us.”

Gauger said House Speaker Dustin Burrows, R-Lubbock, and his team were the only ones to speak with the family. Kyle Bingham is another frustrated hemp grower in the South Plains that took a chance on growing the crop. Bingham, who is also president of the Texas Hemp Growers Association, called the bill overreaching and unenforceable. He also said lawmakers involved in writing the bill ignored farmers during the process. Bingham is one of Perry’s constituents.

“We were left out of this conversation,” Bingham said. “Yes, you can go to public hearings, but not having a lot of say and being stonewalled out of the initial bills was frustrating.”

[…]

Bingham said he’s now considering what to do in September when the bill is slated to go into effect. Any products he still has with THC will either have to be sold by then or he will be burning it. He’s going to focus more on cotton and wheat, even though he wanted hemp to be in their rotation of crops.

Gauger is expecting a downfall for the hemp industry across Texas. Just like growers have to consider the legal consequences, the same applies for retailers and grocery stores that sell consumable hemp products. This includes hemp hearts, hemp seed oil, and even some big brands — KIND bars have a line of granola bars that contain hemp seeds.

See here and here for the background. I’m going to say the same thing I’ve said to the consumers, retailers and now growers of these products: You should be mad at Dan Patrick, and you should take that anger out on Dan Patrick in next year’s election. He was very clear about what he intended to do, and in doing so he not only bulldozed any resistance from House Republicans, he also rolled over the likes of Sid Miller, who started out in support of hemp farmers but folded like a lawn chair when Patrick strong-armed him. (You should also be mad at Sid Miller, in case that’s not clear.) Will these folks remember to be mad next year? I don’t know. Would it help if statewide Democratic candidates, especially those running against Dan Patrick and Sid Miller talked to them, campaigned for and with them, and reminded them regularly why they should be mad? I think so. Now we just need that to happen.

Posted in That's our Lege | Tagged , , , , , , , , , , , , , , , , | 3 Comments

SCOTx gives Paxton another crack at Annunciation House

Ugh.

Texas Attorney General Ken Paxton can move forward with his efforts to gather records from El Paso’s Annunciation House to investigate his claims that the migrant shelter network was harboring undocumented immigrants, the Texas Supreme Court ruled Friday.

“We conclude that the trial court erred in its constitutional holdings. We likewise conclude that the court’s related injunctions, which prevent the attorney general from even filing a quo warranto action, were premature at best. Our primary holding is that the attorney general has the constitutional authority to file his proposed quo warranto action, which simply allows the usual litigation process to unfold,” the state’s highest civil court said in an 8-0 decision.

Quo warranto is a centuries old legal term, with roots in English common law, that requires a person or organization to show what authority they have for exercising a right or ability they hold. In this case, Paxton is challenging Annunciation House’s right to do business in Texas. The ruling noted that this is the first time in more than a century that the Texas Supreme Court ruled on a quo warranto proceeding.

Ruben Garcia, founder and executive director of Annunciation, told El Paso Matters Friday that the organization is looking at the full ruling and couldn’t comment until they have a complete understanding of all its implications.

The ruling contains some good news for Annunciation House, particularly on what constitutes the crime of harboring an undocumented immigrant.

“Annunciation House is certainly correct on one point, as the attorney general now agrees: that merely providing shelter to persons who happen to be migrants, regardless of their legal status, does not violate the alien-harboring statute,” the justices ruled.

But the court also found that the attorney general had shown “probable ground” to proceed with a quo warranto action to determine whether Annunciation House violated the state harboring statute.

El Paso Catholic Bishop Mark Seitz, who has supported Annunciation House in its battle with Paxton, in a statement to El Paso Matters said he was waiting for an interpretation of the ruling’s implications.

“Our preliminary understanding of today’s Texas Supreme Court decision is that it allows the court case to proceed in relation to the Attorney General’s investigation of Annunciation House. While this is disappointing, I have faith that justice will prevail and stand in solidarity with Annunciation House that works to faithfully uphold the Church’s mission to help the least amongst us.”

The court overturned a July 2024 ruling by 205th District Judge Francisco Dominguez of El Paso, who ruled that the “outrageous and intolerable actions” by the Attorney General’s Office were unlawful and relied on unconstitutional statutes. Paxton’s office appealed the decision directly to the Texas Supreme Court, which heard oral arguments in January. 

Friday’s ruling sent the case back to Dominguez for further proceedings in line with the Supreme Court decision.

[…]

U.S. Rep. Veronica Escobar, D-El Paso, who has called Paxton’s actions politically motivated, said Annunciation House has provided humanitarian support for immigrants in coordination with Border Patrol for decades.

“It is shameful that embattled AG Ken Paxton abuses the resources and power of his office to bully those he doesn’t agree with,” Escobar said in a statement to El Paso Matters.

See here for the previous update. Rep. Escobar is absolutely right, and as a reminder Paxton has tried this same tactic against multiple other immigration-focused charities. At least one of those cases is going through the regular appeals process, so we could be getting more rulings soon. It is my hope that when this returns to Judge Dominguez’s court he throws it in the trash again. The Trib has more.

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From the “Time has no meaning” department

This is so stupid.

Texas lawmakers have disagreed for years over whether and how to abolish the unpopular semiannual clock change in the state, but a bill that is on its way to the governor will finally bring an end to that debate — if Congress also acts.

House Bill 1393 by Conroe Republican Rep. Will Metcalf would establish “Texas Time,” or permanent daylight saving time in the state, if federal lawmakers later allow states to do so.

“Right now, the federal government does not allow the states to make this change, so this is effectively a trigger bill,” said Sen. Paul Bettencourt, R-Houston, who sponsored the bill in the upper chamber.

Under the federal Uniform Time Act of 1966, states may not currently adopt permanent daylight saving time, but they can opt out of time changes by sticking with standard time year-round. That’s how states like Arizona and Hawaii can keep from changing their clocks twice a year.

Texas joins 18 other states that have passed similar permanent daylight saving time measures, and there’s interest at the federal level in allowing the change.

Look, I’m a lifelong defender of the current system, but I’m not going to try to dissuade you if you hate the time changes. But if we are going to get away from that – maybe, someday, if federal law changes – can we at least agree that permanent standard time is what makes the most sense? Because right now what the Lege has done is move Texas out of Central time and into Eastern time. You do know that Louisiana, Mississippi, and Alabama are all in Central time, right? That means we could have a situation where you drive west from Florida and you go from Eastern time to Central time and then back again to Eastern time. Hell, if say Mississippi gets the bright idea to do what we just did, you could go Eastern-Central-Eastern-Central-Eastern, all in the space of a day’s drive.

And then there’s that small piece of Texas near and including El Paso that’s now on Mountain time. What happens to it? Does it move to Central time, or does it become like the rest of the state and join Eastern time. If the latter, then every border crossing into New Mexico is now a two-hour time change; if the former, it’s for crossings that emanate from places like Odessa and Lubbock and Abilene. And now going north into Oklahoma is also a time change. How does any of this make sense?

Like I said, maybe none of this ever happens. Or maybe, if we do insist on killing DST federally, the mandate is that we just stay in the standard time of the time zone we’re now in. That would at least be reasonable, even if I hated it. But this? This is chaos, and the reason why the world adopted standard time zones in the first place. Only in Texas, I swear to God. The Barbed Wire has more.

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Rice seeks naming deal for Rice Stadium

I dunno about this.

Rice Stadium opened in 1950, once held a maximum capacity of 70,000, and has played host to a Super Bowl and presidential speech. It’s also one of the most direct and to the point names for any venue out there. But now, Rice University is looking to rename the 47,000-seat stadium, and is searching for partners.

Rice’s athletic department announced on Wednesday that it will work with Independent Sports and Entertainment to identify a potential naming rights partner for its stadium, which also hosts various concerts and other sporting events.

“We are excited to work with ISE as we seek a naming rights partner for Rice Stadium,” said Rice Vice President and Director of Athletics Tommy McClelland. “It is more important than ever that we continue to be creative and open-minded as we explore new ways to invest in our student-athletes and ensure that we are providing them with a best-in-class experience.”

Rice aims to improve its athletic performance, especially in football, as new head coach Scott Abell begins his first year. Furthermore, keeping pace with the competition is evidently important for Rice, as more schools invest in their athletic programs with resources for infrastructure, NIL funds, and personnel to strengthen their teams. With the new revenue-sharing model impacting college sports, securing naming rights appears to be a logical next step.

[…]

So, who will get naming rights for Rice Stadium? Toyota (Houston Rockets), NRG (Houston Texans), and Daikin (Houston Astros) currently adorn the venues of the city’s professional teams. Can I interest you in a Buc-ee’s Stadium for the Owls? How about H-E-B Stadium for a clash between Rice and Houston? Stadiums also do well with good nicknames, so maybe we could get Blue Bell Stadium and call it “The Bell?”

With the 2025 college football season starting in three months, fans should expect a deal to be finalized by August.

The jokes are flying among the Owl fans, too. I can live with this, as long as it’s not too janky and doesn’t involve any truly evil people or corporations (you can surely infer what I have in mind here). The one thing I am sure of is that the MOB will have something to say about it this fall. Come to the first game or two in September and see for yourself what that will be. Rice’s statement on the deal is here.

Posted in Elsewhere in Houston, Other sports | Tagged , , , , , , , | 1 Comment

Weekend link dump for June 1

“Even Where Abortion Is Still Legal, Many Brick-and-Mortar Clinics Are Closing“.

“The options for paying tribute to the president, his kin, and the MAGA movement are now legion. There are even exciting new opportunities to protect your business by reaching a “settlement” with the leader of the free world. Or you can just hand over a 747 for him to use as Air Force One, as Qatar did. Best of all, these creative funding methods might not even be against the law—especially for Trump. (Thanks, SCOTUS!) So here’s your guide to participating in the brave new Trumpworld of executive enrichment.”

“A hacker who breached the communications service used by former Trump national security adviser Mike Waltz earlier this month intercepted messages from a broader swathe of American officials than has previously been reported, according to a Reuters review, potentially raising the stakes of a breach that has already drawn questions about data security in the Trump administration.”

Dear Tim Cook: This is why you don’t bend the knee. Learn something from the experience.

“This Is How ‘The Price Is Right’ Contestants Make It On To The Game Show”.

NPB’s Central League doesn’t have a designated hitter rule, one of the last professional holdouts against the DH. Will they eventually join their peers? (Note: Pitchers in the CL are batting .106 so far this season. So, you know, bad.)

“The tragedy of prevention goes like this: The most effective way to save lives (prevention) is the least noticeable, which leads us to undervaluing it in our individual choices, in what we celebrate, and in public policy, and that undervaluing of prevention leads to a great deal of needless death and suffering.”

“You’ve probably been busy the past three months going to work, paying bills, living your life. You probably haven’t been following every incremental development in the ongoing negotiations over the future format of the College Football Playoff beginning in 2026. So, allow me to catch you up.”

“But wastewater has run into a rather ironic conundrum: It has become valuable.”

RIP, Mara Corday, early Playboy model and actor best known for the classic 1950s creature feature Tarantula.

RIP, Peter David, novelist, comic book writer on “The Incredible Hulk” and others, screenwriter on Babylon 5 and others.

RIP, Charles Rangel, former longtime Democratic Congressman from New York.

“The point here is that everyone knows this. Everyone knows that this president abuses the powers of his office and is constantly threatening to abuse those powers further against anyone who doesn’t “eat the tariffs” or fire all the non-white professors or whatever cruel and capricious thing the misfiring synapses in his syphilitic brain come up with next.”

“New research shows that penguin guano in Antarctica is an important source of ammonia aerosol particles that help drive the formation and persistence of low clouds, which cool the climate by reflecting some incoming sunlight back to space.”

RIP, Ronnie Duggar, founding editor and longtime publisher of the Texas Observer.

“National Public Radio and three of its local stations sued President Donald Trump on Tuesday, arguing that his executive order cutting funding to the 246-station network violates their free speech and relies on an authority that he does not have.”

“It’s a pretty straightforward dynamic we’re probably all familiar with. In any social context if you make it hard to express criticism or anything but approved opinions you quickly have very little idea what people actually think. Because you’ve made it impossible for them to tell you. At the government level that’s very helpful for the people in power. But it also gives them less visibility into what people think, where public opinion actually is.”

RIP, José Griñán, longtime Houston news anchor who reported onsite at the Branch Davidian compound in 1995.

Here are the three new lead actors for the questionable HBO reboot of the Harry Potter series. I for one will not watch, but I will spectate. I hope these three kids have good support systems in place, because that’s going to be a bumpy ride.

RIP, Rick Derringer, guitarist, singer, songwriter, and producer whose hits include “Hang On Sloopy” and “Rock and Roll Hootchie Koo”.

RIP, Ed Gale, the actor who played Chucky in the “Child’s Play” movies, among many other roles.

“A breakthrough by a startup backed by two of the world’s biggest mining companies points to a different path to obtaining the metals needed for manufacturing next-generation energy and defense technologies: Microbes.”

“The Trump administration would be getting slapped down in court even if the president and his minions didn’t constantly announce their intent to violate the law. But their incessant chest thumping does make things go a lot faster.”

“But the thing about the Leopards Eating People’s Faces Party being in charge is that leopards are eating people’s faces and that’s horrifying and bad. That means we have to save as many people from the leopards as we can — regardless of who they are. And tend to the wounded without condition.”

RIP, Harrison Ruffin Tyler, the last living grandson of John Tyler, the 10th President of the United States. John Tyler was born in 1790. I feel a little less old right now.

“7 of Elon Musk’s worst co-president moments as he exits White House”.

“As always, an unbreakable rule of any type of baseball analysis is, if Babe Ruth was the best at something, and now your name is ahead of his, then you’re doing something extremely right.”

RIP, Loretta Swit, two-time Emmy-winning actor best known as Major Margaret “Hot Lips” Houlihan on M*A*S*H.

Posted in Blog stuff | Tagged | 1 Comment

Yes, the omnibus voter suppression law suppressed voting by mail

Cause, meet effect.

Some county election officials across Texas say the number of people voting by mail has dropped since 2020, but they’re not sure why.

New research suggests that the recent overhaul of state election laws could explain some of the drop.

A study from the nonpartisan Brennan Center for Justice at NYU Law School looked at Texas voters whose mail ballots or applications to vote by mail were rejected in the 2022 primary, after the state enacted new identification requirements for mail ballots, among other changes. Many of those voters, the study found, appear to have switched to other voting methods or, in some cases, stopped voting.

The study found that 30,000 voters in that primary — or 1 out of 7 voters who started the process to vote by mail — had either their application or ballot rejected, and that “roughly 90% of these individuals did not find another way to participate in the 2022 primary.”

The authors said their findings show the potentially lasting effects of restrictive voting policies on even the most engaged voters.

About 85% of voters whose applications or ballots were rejected had voted in general elections in 2016, 2018, and 2020, said co-author Kevin Morris, a senior research fellow and voting policy scholar with the Brennan Center’s Democracy Program.

“This is a group of people that are super highly engaged in the political process,” Morris told Votebeat. “They have a long history and habit of voting, so to see these effects among them is a big deal.”

The peer-reviewed study, co-authored with political scientists from Barnard College and Tennessee State University, is set to be published later this year in the Journal of Politics and was shared with Votebeat.

[…]

In 2021, state lawmakers tightened the restrictions as part of an election law overhaul called Senate Bill 1. The legislation required voters to write their driver’s license or personal identification number, or the last four digits of their Social Security number, on the mail ballot application or mail ballot envelope — whichever number they originally used to register. If the ID number was missing or didn’t match the number on file, the application or ballot could be rejected.

The March 2022 primary, the first statewide election after the legislation took effect, saw a dramatic increase in rejection rates: 12,000 absentee ballot applications and more than 24,000 mail ballots were rejected, amounting to a 12% rejection rate statewide, far higher than in previous years. In the 2020 presidential election, by comparison, the rejection rate was 1%.

Mail-voting applications and ballots of Asian, Latino, and Black Texans were rejected at much higher rates than those of white voters after the ID requirement was added, according to an earlier study by the Brennan Center.

For the more recent study, researchers obtained individual-level data on mail-voting ballot applications and mail ballots in the 2022 Texas primary from litigation documents and public-records requests to the Texas Secretary of State. They looked at the demographics and the voting history of the roughly 215,000 Texans who requested a mail ballot for that primary, and drilled down to the 30,000 voters who had either their application or ballot rejected.

More than 3,000 voters whose mail-voting applications were rejected voted in person instead in the 2022 primary.

Out of the more than 18,000 voters whose mail ballots were rejected, only 344 voted in person. The others did not ultimately vote in the primary.

The study said the rejections increased what it called the “cost of voting,” because voters had to “try to sort out why their mail ballot did not arrive, re-apply for an absentee ballot, and seek out details about where to vote in-person.”

“I can’t speak to any law other than SB 1,” Morris said, “but this does provide some evidence that the effect of being disenfranchised does make people even less likely to vote into the future.”

All of this sounds very familiar, and I’m glad someone did the work of pulling together the voter data and digging in to see what happened. This was always something that could be done, it just needed someone with the time and the resources to do it. The March 2022 primary was the low point, as most people were experiencing the new law for the first time and county election offices were seeing the effect. Since then, campaigns and parties and election offices have done a lot of outreach and education, and election offices have made design changes in the packages they send to voters to clarify what information is needed and where it goes, all of which have drastically reduced the rejection rate. But mail ballots being cast are still down, in part due to the poison Trump and Republicans have injected about them and in part because some people don’t like or trust using them any more. At every step of the way, over at least the past two decades, Republicans have worked to make it harder to vote. Voters and campaigns have adjusted again and again, but the cumulative effect keeps increasing. You know the drill – nothing will change until we change who we elect.

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Two former Paxton lieutenants sued for sexual harassment

Damn.

Still a crook any way you look

Two of Texas Attorney General Ken Paxton’s top deputies were forced to resign in 2023 over allegations of harassment, according to court filings included in a lawsuit Tuesday.

Judd Stone, the former solicitor general, and Chris Hilton, an assistant attorney general, were sued in federal court by Jordan Eskew, another former employee of the attorney general’s office. Eskew alleges that she was subjected to sexual harassment by Stone, and that Hilton verbally berated her and took no action to protect her from Stone’s inappropriate comments. The harassment took place, she said, while the three were on leave from the state agency to work on Paxton’s defense team during his 2023 impeachment trial.

“State law requires that the OAG and managers immediately take action to stop sexual harassment,” First Assistant Attorney General Brent Webster wrote to another agency employee in December 2024, in an email that was included in the lawsuit. “Judd and Chris would be notified that they would be terminated if they did not resign.”

Stone and Hilton, through a spokesperson, said they left the attorney general’s office voluntarily because Webster was a “petty tyrant.”

“Brent Webster has a personal vendetta against Mr. Hilton and Mr. Stone,” said a spokesperson for their law firm, Stone Hilton. “This lawsuit is his creation and a complete fabrication.

The attorney general’s office in 2023 confirmed their exits, but did not give reason for their resignations.

[…]

After Paxton was acquitted by the Senate in September 2023, Stone, Hilton, Eskew and other employees who took leave to defend him returned to the attorney general’s office.

According to Webster’s email, which Eskew’s lawyer included in the complaint, two women who worked with Stone and Hilton during the impeachment in October separately reported “credible complaints of sexual misconduct.”

I skipped the details that were given of the allegations because they’re rough; click carefully on the story for that. Texas Lawyer has some details that are a bit less rough.

Eskew worked for Stone Hilton as an executive assistant during Paxton’s impeachment trial. After returning to the Texas Attorney General’s Office in 2023, Eskew reported alleged sexual harassment and inappropriate conduct by Stone and Hilton to Brent Webster, the first assistant to Texas Attorney General Paxton. In her lawsuit, she alleges this report led to both Stone’s and Hilton’s resignation.

Prior to working for Stone Hilton, Eskew had worked with attorneys Hilton and Stone at the Attorney General’s office. At that time, Hilton was the chief of the General Litigation Division and Stone was the Solicitor General. They all left the AG’s office to work at Stone Hilton, a newly created firm focused on helping Paxton during his impeachment trial.

[…]

Eskew claims she was subjected to sexual harassment and inappropriate comments by Stone, with Hilton failing to intervene. She also alleges that Stone and Hilton engaged in extreme and outrageous conduct, including verbal abuse, harassment and inappropriate comments, resulting in a toxic workplace culture and causing her severe emotional distress, according to the lawsuit.

Eskew reported several alleged incidents of harassment during her employment at Stone Hilton, including during a lunch outing on June 16, 2023, when Stone allegedly made a sexual remark to her, stating, “I highly doubt that is the most disgusting thing that has ever been in your mouth,” after she expressed distaste for a drink, according to the lawsuit. Eskew alleges Hilton witnessed the incident but did nothing to intervene.

Another alleged incident that contributed to Eskew’s emotional distress included inappropriate comments when Stone allegedly made offensive remarks, such as a sexual comment during a lunch outing and calling Eskew “white trash” because of her turquoise earrings. Hilton again allegedly failed to intervene in these situations, according to the lawsuit.

In addition, Eskew claims she was subjected to yelling and berating by Stone and Hilton, including being told to “cry” after being verbally abused for delays in delivering lunch, according to the lawsuit.

And, according to the lawsuit, Stone made inappropriate comments, such as stating, “In this firm, there are no rules. You can say whatever slurs you want,” and asking Eskew to make him alcoholic drinks at the office.

Eskew also claims she observed Stone and Hilton drinking alcohol during work hours and was asked to purchase alcohol as part of her job duties.

Sounds like a great place to work. The most likely outcome here is some hush-hush settlement, but who knows, maybe this will advance to the point where more details will be made public. In the meantime, add this to the “In addition to everything else, Ken Paxton is a bad boss” files.

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MLB buys equity stake in pro softball league

Cool.

Major League Baseball is purchasing an equity stake in the Athletes Unlimited Softball League, partnering with the fledgling league that is preparing for its first four-team season and plans to expand in future years.

With women’s sports revenues now in excess of $1 billion per year, the imprimatur of MLB helps establish the AUSL as a viable long-term entity in a sport that has seen multiple professional leagues fold. MLB’s stake in the AUSL is more than 20%, a source told ESPN, and the league will assist the AUSL in marketing and content distribution in addition to the financial component.

“It’s a watershed moment for pro women’s softball, pro women’s sports,” Athletes Unlimited CEO and co-founder Jon Patricof told ESPN. “This is a financial investment but also about a number of things that money can’t buy.”

While the NBA launched the WNBA in 1996 and owns around 60% of the league, no major men’s North American professional sports league had made a significant post-creation investment in its women’s counterpart. The AUSL is owned by Athletes Unlimited, which also runs women’s basketball and volleyball leagues and has hosted softball events for the past five years in suburban Chicago. The AUSL will feature four teams and play in 12 locations this summer, and in 2026, it plans to establish teams based in cities.

“We think the time is right to get into the space with a credible partner,” said Tony Reagins, MLB’s chief baseball development officer. “We want this to be not good but great. We want to create more opportunities for young women. Now they have something to strive for that’s going to be around.”

The AUSL has a deal with ESPN to broadcast 33 games this summer, and the partnership with MLB will air games on MLB Network — including one on June 7, the league’s opening day — and MLB.tv. All 72 AUSL games, Patricof said, will be on linear TV. Additionally, AUSL players will attend MLB’s All-Star Game and postseason to help grow awareness about women’s professional softball.

In 2002, MLB partnered with National Pro Fastpitch — a league that existed for 18 years with limited media distribution — but did not make a significant investment as it has with the AUSL.

“Obviously they believe in the opportunity that exists in the business of women’s sports,” Patricof said. “But also obviously see how important it is to support the sport at all levels. Hopefully, at some point, the AUSL can benefit MLB, but in the short term, it’s very much about how MLB can benefit pro women’s softball.”

See here and here for the background. I hope the AUSL players do more than show up and get shown off during All Star week, I hope they arrange to play a league game, or at least a serious exhibition game. Why not take advantage of that opportunity? Be that as it may, MLB’s involvement is a good sign for the league’s future. It hopefully means better things than what National Pro Fastpitch (which by the way had a Houston-ish team at one point) got; I think one can safely argue that National Pro Fastpitch was ahead of its time. Anyway, this is exciting and I’ll try to catch the opening day game on the MLB network. MLB’s press release is here, while Hannah Keyser discusses the softball versus baseball question – there’s a Women’s Professional Baseball League set to debut next year, too – and reminds us that the Women’s College World Series is going on now. USA Today has more.

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Measles update: Never forget who RFK Jr is

He’s a liar.

Health Secretary Robert F. Kennedy Jr. says his “Make America Healthy Again” Commission report harnesses “gold-standard” science, citing more than 500 studies and other sources to back up its claims. Those citations, though, are rife with errors, from broken links to misstated conclusions.

Seven of the cited sources don’t appear to exist at all.

Epidemiologist Katherine Keyes is listed in the MAHA report as the first author of a study on anxiety in adolescents. When NOTUS reached out to her this week, she was surprised to hear of the citation. She does study mental health and substance use, she said. But she didn’t write the paper listed.

“The paper cited is not a real paper that I or my colleagues were involved with,” Keyes told NOTUS via email. “We’ve certainly done research on this topic, but did not publish a paper in JAMA Pediatrics on this topic with that co-author group, or with that title.”

It’s not clear that anyone wrote the study cited in the MAHA report. The citation refers to a study titled, “Changes in mental health and substance abuse among US adolescents during the COVID-19 pandemic,” along with a nonfunctional link to the study’s digital object identifier. While the citation claims that the study appeared in the 12th issue of the 176th edition of the journal JAMA Pediatrics, that issue didn’t include a study with that title.

As the Trump administration cuts research funding for federal health agencies and academic institutions and rejects the scientific consensus on issues like vaccines and gender-affirming care, the issues with its much-heralded MAHA report could indicate lessening concern for scientific accuracy at the highest levels of the federal government.

The Department of Health and Human Services did not respond to a request for comment on the report’s citation inconsistencies prior to publication of this story.

The anxiety study wasn’t the only one the report cites that appears to be mysteriously absent from the scientific literature. A section describing the “corporate capture of media” highlights two studies that it says are “broadly illustrative” of how a rise in direct-to-consumer drug advertisements has led to more prescriptions being written for ADHD medications and antidepressants for kids.

The catch? Neither of those studies is anywhere to be found. Here are the two citations:

Shah, M. B., et al. (2008). Direct-to-consumer advertising and the rise in ADHD medication use among children. Pediatrics, 122(5), e1055- e1060.

Findling, R. L., et al. (2009). Direct-to-consumer advertising of psychotropic medications for youth: A growing concern. Journal of Child and Adolescent Psychopharmacology, 19(5), 487-492.

Those articles don’t appear in the table of contents for the journals listed in their citations. A spokesperson for Virginia Commonwealth University, where psychiatric researcher Robert L. Findling currently teaches, confirmed to NOTUS that he never authored such an article. The author of the first study doesn’t appear to be a real ADHD researcher at all — at least, not one with a Google Scholar profile.

In another section titled, “American Children are on Too Much Medicine – A Recent and Emerging Crisis,” the report claims that 25% to 40% of mild cases of asthma are overprescribed. But searching Google for the exact title of the paper it cites to back up that figure — “Overprescribing of oral corticosteroids for children with asthma” — leads to only one result: the MAHA report.

The corticosteroids study’s supposed first author, pediatric pulmonologist Harold J. Farber, denied writing it or ever working with the other listed authors. He pointed to similar research he’s conducted, but said that even if the MAHA report cited that study correctly, its conclusions are “clearly an overgeneralization” of the findings.

“It is a tremendous leap of faith to generalize from a study in one Medicaid managed care program in Texas using 2011 to 2015 data to national care patterns in 2025,” Farber said in an email.

There’s more than that, from sloppiness to misstating conclusions and more. The story has an update at the end that the MAHA report was amended after their reporting to remove the seven references to reports that do not exist. Mistakes happen, and usually as long as they get fixed when they’re noticed it’s not a problem. This level of error suggests much bigger issues; former HHS Secretary Xavier Becerra called bullshit on the whole thing. Even if you could credibly assign it all to massive incompetence, it’s a terrible look for the agency and the authors of that report. And of RFK Jr, whose name is on it.

But as always, the chaos is the point.

Health and Human Services Secretary Robert F. Kennedy Jr. stunned federal health officials on Tuesday by abruptly announcing that the COVID-19 vaccine would no longer be recommended for children and healthy pregnant women—a major policy reversal reportedly made without input from the Centers for Disease Control and Prevention.

According to The Washington Post, agency officials were left scrambling after Kennedy dropped the news, not in a press release or internal memo, but in a video posted to X. That’s how CDC staff—and the rest of the country—found out.

This is literal life-and-death policy, yet Kennedy is treating it like a social media stunt.

Five hours after the video dropped, CDC officials finally received a one-page “secretarial directive” dated May 19—nearly a week earlier. It was signed by Kennedy but contradicted parts of his own video, deepening the confusion, according to multiple federal health officials who spoke to the Post anonymously.

In the video, Kennedy suggested he had unilaterally reversed CDC guidance recommending annual COVID shots for everyone six months and older, including healthy pregnant women. CDC officials told the Post that they learned about this “when it was tweeted.”

“People were scrambling to find out what it meant,” one federal health official said.

Kennedy also claimed the recommendations had already been pulled from the CDC website when they hadn’t. And how could they have been? Top CDC officials said they were blindsided, which is galling considering it’s the CDC’s job to issue that kind of advice in the first place.

As of Thursday, the CDC still recommended the COVID-19 vaccination for everyone six months and older, including people who are pregnant, breastfeeding, trying to conceive, or planning to get pregnant.

The directive, meanwhile, shared internally only after the fact, ordered the CDC to remove the COVID-19 vaccines from both the child and adolescent immunization schedule and the list of recommended vaccines during pregnancy. But its vague wording raised even more questions: Did Kennedy’s directive apply to all children, or just “healthy” ones?

“It’s unclear,” one official told the Post.

Adding to the disconnect, top officials at the U.S. Food and Drug Administration had just published a piece in the New England Journal of Medicine affirming that pregnancy is a high-risk condition for COVID-19 and a reason to get vaccinated, directly contradicting Kennedy’s claim.

The lying and misinformation go hand in hand with the chaos. And the bottom line is we’re all at greater risk because of RFK Jr.

The federal government announced Wednesday that it is canceling a contract to develop a vaccine to protect people against flu viruses that could cause pandemics, including the bird flu virus that’s been spreading among dairy cows in the U.S., citing concerns about the safety of the mRNA technology being used.

The Department of Health and Human Services said it is terminating a $766 million contract with the vaccine company Moderna to develop an mRNA vaccine to protect people against flu strains with pandemic potential, including the H5N1 bird flu virus that’s been raising fears.

[…]

Jennifer Nuzzo, the director of Brown University’s Pandemic Center, said the decision was “disappointing, but unsurprising given the politically-motivated, evidence-free rhetoric that tries to paint mRNA vaccines as being dangerous.”

“While there are other means of making flu vaccines in a pandemic, they are slower and some rely on eggs, which may be in short supply,” Nuzzo added in an email. “What we learned clearly during the last influenza pandemic is there are only a few companies in the world that make flu vaccines, which means in a pandemic there won’t be enough to go around. If the U.S. wants to make sure it can get enough vaccines for every American who wants them during a pandemic, it should invest in multiple types of vaccines instead of putting all of our eggs in one basket.”

The cancellation comes even though Moderna says a study involving 300 healthy adults had produced “positive interim” results and the company “had previously expected to advance the program to late-stage development.”

“While the termination of funding from HHS adds uncertainty, we are pleased by the robust immune response and safety profile observed in this interim analysis of the Phase 1/2 study of our H5 avian flu vaccine and we will explore alternative paths forward for the program,” Stéphane Bancel, Moderna’s chief executive officer, said in a statement. “These clinical data in pandemic influenza underscore the critical role mRNA technology has played as a countermeasure to emerging health threats.”

The administration’s move drew sharp criticism from outside experts.

“This decision puts the lives and health of the American people at risk,” said Dr. Ashish Jha, the dean of the Brown School of Public Health, who served as President Biden’s COVID-19 response coordinator.

“Bird Flu is a well known threat and the virus has continued to evolve. If the virus develops the ability to spread from person to person, we could see a large number of people get sick and die from this infection,” Jha said. “The program to develop the next generation of vaccines was essential to protecting Americans. The attack by the Administration on the mRNA vaccine platform is absurd.”

But totally on brand. And sooner or later there’s going to be a big mess to clean up. If it happens on RFK Jr’s watch, how much do you trust him to be able to handle it? Your Local Epidemiologist has some thoughts.

And finally, here’s your case count update.

The measles outbreak in Texas has grown by nine cases since the last update Tuesday, according to the Texas Department of State Health Services.

This brings the total new cases in the last week to 10 after one was reported Tuesday. The Texas health department estimates that less than 1% of the cases, or fewer than 10, are actively infectious. Measles is infectious four days prior to and four days after rash onset.

Since the outbreak began in January in Gaines County, located in West Texas along the state border with New Mexico, 738 cases of measles have been confirmed. Two school-age children, who were not vaccinated, have died during the outbreak. Ninety-four people have been hospitalized.

With 409 cases, Gaines County represents the vast majority of cases in the outbreak at 55.4%. Other counties with high case counts include Terry County, which neighbors Gaines, with 60 cases, and El Paso County with 57 cases. Lubbock County has 53 cases. Officials said the counties with ongoing measles transmission include Cochran, Dawson, Gaines, Lamar, Lubbock, Terry and Yoakum.

Another 32 cases have been reported that are not connected to the West Texas outbreak. This includes four cases in Tarrant County, two in Denton County, two in Collin County and one in Rockwall County.

Health officials earlier this week warned residents of measles exposure at four public venues in McKinney: a 24 Hour Fitness, the Cubana Grille, Market Street and the Moviehouse & Eatery.

Most of the confirmed cases have been children, according to DSHS. Children age 17 and under represented 495 cases, while children 4 and under represented 215 cases.

About 700 of the patients have been either unvaccinated or had an unknown vaccination status.

Ten cases a week continues to be the new normal. We also continue to get new reports of exposure in various public places, though so far none of them seem to have turned into super spreader events. I hope that luck keeps on holding up.

UPDATE: Slightly good news, but the chaos and uncertainty persists.

Days after Health Secretary Robert F. Kennedy Jr. announced that Covid shots would be removed from the federal immunization schedule for children, the Centers for Disease Control and Prevention issued updated advice that largely countered Mr. Kennedy’s new policy.

The agency kept Covid shots on the schedule for healthy children 6 months to 17 years old, but added a new condition. Children and their caregivers will be able to get the vaccines in consultation with a doctor or provider, which the agency calls “shared decision-making.”

The shots will also remain available under those terms to about 38 million low-income children who rely on the Vaccines for Children program, according to an emailed update from the C.D.C. on Friday.

Mr. Kennedy’s original pronouncement on Tuesday had caused an uproar among pediatricians and public health experts, who pointed out that very young children and pregnant women face high risks of severe illness from the virus. Many also worried that the new policy would prompt insurers and government programs to reduce or drop coverage of the cost of the shots.

The latest changes clarify coverage for healthy children older than 6 months. But they leave those highest-risk groups — pregnant woman and young infants who are covered by immunization during pregnancy — without a formal recommendation.

[…]

The policy changes on vaccines did not end uncertainty for pregnant women.

Last week, the Food and Drug Administration cited pregnancy as a high-risk condition that would qualify a woman for a Covid vaccine, which also contradicts the decision by Mr. Kennedy to drop pregnant women from the C.D.C.’s recommendations.

The dropped guidance for pregnant women is troubling to experts who point to research showing that the risk of stillbirth, preterm birth, hospitalization and death rises if pregnant women contract Covid.

Dr. Michelle Fiscus, a pediatrician and chief medical officer with the Association of Immunization Managers, said that she had expected a modified recommendation from the C.D.C. advising pregnant women to get the vaccine

“So that’s concerning,” she said.

On the C.D.C.’s website, the section on pregnancy and the Covid vaccine continues to urge pregnant and postpartum women to get the shot. If pregnant, women are “more likely to need hospitalization, intensive care or the use of a ventilator or special equipment to breathe if you do get sick from Covid-19.”

“Severe Covid-19 illness can lead to death,” the agency warns.

Who the hell knows with these malevolent idiots?

UPDATE: Of course the use of AI may be to blame for those citations of non-existent work. Of course.

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Judge approves the Whitmire drainage settlement deal

Okay then.

Mayor John Whitmire

A Harris County District Court judge on Friday approved Mayor John Whitmire’s settlement agreement with plaintiffs to phase in payments to the city’s drainage fund, his office said.

The final confirmation comes after more than a month of tension among the mayor’s office, Houston Controller Chris Hollins and drainage advocates over the settlement agreement’s effect on the city’s $7 billion budget and residents who have been waiting years for flooding relief in their neighborhoods.

[…]

In a note to City Council members Friday, Whitmire appreciated the court’s attention to the matter. His office expects Hollins to certify the budget.

“Judge (Christine) Weems’ approval of the joint request from the City and Mr. Jones and Mr. Watson allows the City to meet its obligations to Houstonians without jeopardizing parks, health, and other neighborhood-centric programs,” he wrote. “We look forward to allocating an amount of funding to streets and drainage projects across Houston enabled by the settlement agreement as endorsed by the Court.”

Hollins on Friday said the court’s settlement approval removed a “major obstacle” to adopting this year’s budget.

“It’s a step forward, but Houston still faces serious financial challenges,” Hollins wrote in a statement. “Hard truths remain, and my office will continue providing the transparency and accountability needed to move the city toward long-term stability.”

A spokesperson for West Street Recovery wrote in a statement Friday that Houstonians deserved to have their votes respected, and that the settlement agreement didn’t reflect what the voters wanted or upheld the spirit of the court’s ruling.

“There are still legal paths we can take to make sure Houstonians get the flood protection we all count on,” the statement reads. “We’ve been righting for functional infrastructure for years. Today, Houstonians are more informed, organized and energized about the city’s financial decisions than ever. This work us still going strong, and we’re not backing down.”

See here and here for the background. This whole thing has been an interesting ride, but in the end that’s a win for the Mayor. Controller Hollins has some more questions, and Council hasn’t had its chance to propose amendments and vote on the budget, so we’re not done yet. I don’t know what other legal paths West Street Recovery may have in mind, but barring any further plot twists this at least moves the budget closer to approval and makes the path smoother. We’ll see what next week brings.

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The death of bad bills is always worth celebrating

Good, good, good.

A handful of bills that would have stopped local governments from enacting their transportation priorities and hamstrung local transit efforts are likely dead. The measures failed to pass before key deadlines as the legislative session draws to a close.

One controversial measure, authored by state Sen. Paul Bettencourt, a Houston Republican, would have required the Harris County Toll Road Authority to divert a significant portion of its excess revenue to the City of Houston to fund police and firefighters, and require that the rest be spent exclusively on county roads.

Several Harris County officials slammed the bill as a money grab for Houston, which faces a $330 million budget deficit next year. The legislation cleared the state Senate, but failed to come up for a vote in the House.

Another proposal by Bettencourt would have barred cities from narrowing roadways to create wider sidewalks or protected lanes for bicyclists and buses, which critics said could halt projects across the state meant to address traffic congestion and promote safety. Texas leads the nation in traffic fatalities. The bill was left pending in a Senate committee.

Lawmakers also took aim at transit systems in Dallas and Austin, filing legislation that would siphon sales tax revenue from Dallas Area Rapid Transit and challenging the funding mechanism that Austin voters approved to pay for Project Connect, a public transit and light rail expansion. Both of those bills failed to make it to the floor of either chamber for a vote.

See here and here for more on the Harris County toll road robbery bill, and here for more demises to celebrate. Hey, remember when Mayor Whitmire said that his connections in Austin would help him fix the city’s problems? Where do we think that stands now? I have no idea what positive things for the city may have been accomplished this term. To be fair, some of them might have passed more or less unnoticed via the Local and Consent calendar, and just not having any new aggressively anti-city measures pass is itself a positive. But where, if anywhere, did Whitmire and his team make a difference this session? What do they think their wins were? That’s what I want to know. Lone Star Left, which has a few more to celebrate, and the Observer, which reminds us that plenty of bad bills did make it to the finish line, have more.

UPDATE: Ooh, Reform Austin has some good ones, and the best part is it was Dan Patrick’s fault they died. Dude really could use some gummies and chill out.

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Storm recovery group challenges Whitmire’s drainage deal

Plot twist coming, maybe. I’m skipping the first part of this story in which we rehash the 2010 ReNew Houston vote, the ways that Houston made use of the drainage fee revenue that were later challenged in court, the court rulings and settlement deal that Mayor Whitmire made with the two named plaintiffs that allowed the city to get into compliance over a couple of years by ramping up to the full amount that the city must dedicate to drainage repair and projects.

That deal will charge a percentage of that 11.8 cents to fund the city’s drainage fund incrementally over the next few years, eventually reaching the full 11.8 cents in 2028.

Officials said that using that formula, Houston will have $490 million in its drainage fund in 2026, $525 million in 2027, $540 million in 2028 and $585 million in 2029. The agreement has since been passed by the Houston City Council and Controller Chris Hollins.

But West Street Recovery, the nonprofit that filed the brief, argued the settlement violated the will of the voters.

Its members are asking the city to honor the 11.8 cent ruling in full without delay, according to a brief filed Tuesday. They argue the settlement was reached without public input or notice to affected parties and didn’t offer stakeholders to intervene.

“The injunctive settlement violates not only the Charter but also foundational principles of judicial finality, taxpayer equity, and procedural due process,” the court filing reads. “If allowed to stand, it would set a dangerous precedent whereby final court orders may be eroded through private agreement and budgetary compromise, effectively nullifying constitutional protections and voter-enacted governance structures.”

A judge in the case has yet to approve Whitmire’s settlement agreement.

But members of West Street argue it isn’t up to the two plaintiffs and the mayor to decide how the money is paid. They believe that the voters who approved the law change should have a say.

“Year after year, the City of Houston has kicked the can down the road on drainage investment — putting our homes, health, and peace of mind at risk,” reads a May 20 statement from West Street. “The Whitmire administration has had ample time to develop a thoughtful plan to comply with the court’s order, honor the will of Houston voters and keep us safe from storms. Instead, Mayor Whitmire relied on a closed-room deal with two men in a city of millions, to subvert the will of voters and kick the can down the road on life-saving infrastructure investments.”

Ben Hirsch, West Street’s co-director of organizing, research and development, said that any argument city officials made about how the denied appeal put Houston in a financial crunch was void.

He referenced the Houston Police Department’s budget, which was increased this year by $67.2 million. That amount would cover a sizable portion of the $100 million the city would have had to shell out for streets and drainage this year.

“Maybe this settlement proposal will be approved by a judge. Maybe it won’t,” Hirsch said. “But the fact of the matter is, it hasn’t been yet. So right now, the city is proposing a budget that would break the law.”

City Attorney Arturo Michel did not immediately return a request for comment.

Alice Liu, co-director of communications and organizing with West Street, said the group’s goal was to open up conversations about the rest of the budget, which she said was being pushed through without a true opportunity for feedback.

“This is something that every person who pays taxes in Houston, every person who’s impacted by flooding, has a stake in,” she said.

See here for the most recent entry in this saga; there are further links to follow if you want. I don’t know what the legal merits are here. It struck me as reasonable at the time of the deal made by Mayor Whitmire and the named plaintiffs in the lawsuit that they could do this, but that doesn’t mean that it passes legal muster. I hope it does, because we’re surely in a deeper level of doo-doo otherwise, but you pay your money and you take your chances.

The point about the raises given to HPD is a good one, one that I’s sure the Mayor won’t like. One can certainly argue that if you can defer these payments that you’re legally obligated to make, you could also defer these payments that you chose to make. Of course it’s more nuanced than that, but at a basic level there we are. I have no idea what the judge will make of it, but waiting until we know what that is looks more and more like a sound decision.

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