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July 22nd, 2014:

Another perspective on residency requirements

The Texas Election Law blog looks at my coverage of the Dave Wilson residency saga and offers his thoughts on the matter.

Dave Wilson

Dave Wilson

The saga of gaming residence for the sake of running for office – what a tangle of legal precedent it provides. Mr. Kuffner has used the occasion of the Wilson lawsuit to suggest some sort of legal reform to our statutory definition of residence, mindful of the weeds and quicksand. Mr. Kuffner’s suggestion is to treat an out-of-territory homestead exemption as a bar to holding office within a territory (assuming the jurisdiction in question has a residence requirement for holding office).

I. IS DOMICILE THAT IMPORTANT?

I guess another way to ask the question is to ask why a person’s domicile is important to office holding, voting, paying taxes, or what-have-you. The short answer is that domicile isn’t important, except when we want it to be important.

[…]

I bring all this up as a reminder that there’s no inherent necessity to link residence with office. If we do make a requirement that someone has to consider a district their “home” in order to represent that district, such a policy choice is just that – a choice. Supporters of such requirements would likely argue that members of … say for example … the Houston Community College District Board of Trustees … should be residents of the community college district so that they will be personally invested in the problems and conditions of the district, forced by geographic proximity to share the experience of living in the Houston Community College District. We certainly don’t want those outsiders and strangers who live across the street from the Community College District to come in and impose their seditious ideologies and strange ways, do we?

II. RESIDENCE REQUIREMENTS MIGHT BE A LITTLE ARBITRARY, BUT SO WHAT? GIVEN THAT SUCH REQUIREMENTS DO EXIST FOR MOST LOCAL ELECTIVE OFFICES, HOW DO WE DEFINE THOSE REQUIREMENTS FAIRLY?

Well, what is “fair?” I mean, any definition of domicile will involve some subjective standard for determining the sincerity of a person’s … hearth-cleaving. (Hearth-cleaving is my made-up term for domiciliary intent; it means, “emotional and physical ties to the one place in all the world that is home.”)

Legislatures, disgruntled losing candidates, judges, juries, voters, and angry political rivals have searched high and low for some universally applicable sure-fire objective test or standard for hearth-cleaving that would guarantee the exclusion of the carpetbagging outsider from office. But for every bright line test, there will come some sympathetic officeholder whose exclusion is unfair. Because there is really just one test underlying all these tests of domicile and residence. Is the candidate or officeholder one of us, or is the candidate or officeholder not one of us?

III. SO, TO SUM UP, RESIDENCE REQUIREMENTS ARE ARBITRARY, SUBJECTIVE, AND A SOURCE OF ENDLESS FACTUAL DISPUTE, AND THEY ALWAYS WILL BE, AND THAT’S JUST INHERENT IN THE IDEA OF HOME, COMMUNITY, AND BELONGING OR NOT BELONGING TO A PLACE?

Yup.

Fair enough. As I’ve said, at least we now have a standard for our residency requirements, and clearly that standard is pretty loose. It’s loose enough that one could certainly make a reasonable case that they have no meaning and we ought to get rid of them. I’ve already expressed my preference for having some kind of meaningful requirement, and as the TELB notes you know what I would like to see done about it. Your mileage may vary on that, and while I can see the appeal of leaving this as a campaign issue rather than a legal issue, that’s not my first choice. This is why we have elections, I suppose.

I’ll stipulate that I was driven in part by animus for Dave Wilson, a man who has richly earned the animus of many, many people. It’s also about my dislike of people who are not residents of Houston but are nonetheless hellbent on meddling in its political affairs. I get the argument that some people have made that they work here, they own businesses here, and so forth. I get it, I’m just not persuaded by it. Some arguments can be settled by existing laws, empirical data, analogous examples, or cold hard logic. This isn’t one of those arguments. This is how I see it, and I make no apologies for that. If you don’t see it the same way, that’s fine. I’m not claiming that I’m right and you’re wrong, I’m just stating my preference, with which you’re welcome to disagree. I’m okay with that, and I hope you are, too.

Perry’s border surge

Stupid.

Gov. Rick Perry, leaping again into the national spotlight on illegal immigration, announced Monday he is sending up to 1,000 National Guard troops to the Texas-Mexico border, where an influx of young Central Americans has overwhelmed the federal government.

Democrats blasted the decision as a political stunt by a governor with presidential ambitions. But Perry, who has the power to call up Guard troops to deal with a broad variety of crises, said Texas had to act because the federal government has offered nothing but “lip service and empty promises” while the border is overrun with illegal activity.

“I will not stand idly by while our citizens are under assault and little children from Central America are detained in squalor,” Perry told a packed press conference at the Texas Capitol. “We are too good a country for that to occur.”

Monday’s announcement marked the second time this month that Perry, who is considering another run for the White House in 2016, has thrust himself into the center of national debate about the crisis along border. He met with President Obama in Dallas on July 9, in part, to press his demands that the feds send — and pay for — a National Guard deployment.

Absent a federal activation, Perry said he acted on his own, meaning that Texans will pick up the $12 million-a-month tab authorities say the deployment will cost. The governor and other Republican elected officials said they would ask the federal government to pay for the mobilization.

I know what my answer to that request would be. Look, we all know the reason for this. It’s one part Perry 2016, and one part a response to the fear and fear of the voters he’s trying to woo. I know what Perry hopes to accomplish by this, but I have no idea what the Guard is supposed to be doing. These are children, for Christ’s sake, not criminals. God help us all if something goes wrong. TPM, PDiddie, and Stace, who has reactions from numerous Democratic officials, have more.

SH 130 operator in default

But it’s not default-default just yet.

Speed Limit 85

Although the company that built and operates the southern leg of the Texas 130 toll road recently managed to work out a payment extension with its lenders, an investor service that monitors the project still considers it in default.

Moody’s Investor Service issued a report last week, saying SH 130 Concession Company LLC did not have enough money to make a June 30 loan payment, which Moody’s predicted last month would likely happen.

“Moody’s view is that the failure to meet the full payment that was originally scheduled … constitutes a ‘default’ under Moody’s definition,” the July 8 report said.

However, the concession company worked out a deal with its senior lenders June 26, “which allowed for an undisclosed partial payment” and which also pushed back the deadline to pay off the remaining payment until Dec. 15, the report said.

That means the project is not in legal default. The report said the extension also gives the senior lenders time to restructure the debt.

[…]

In the case of a legal default, control of the project would transfer from the borrower to the lender, said Karan Bhanot, a finance professor at the University of Texas at San Antonio’s College of Business. That’s not what’s happening in this case.

Instead, Moody’s is applying its own, stricter definition of default.

See here for the background. I think the odds that they can escape legal default are slim, but I suppose one should never underestimate the ability of companies like that to wheedle extensions and exceptions for long periods of time. I just hope TxDOT is ready to pick up the pieces when it all falls apart.

San Antonio’s “Little India”

I love stories like this.

On a recent Saturday morning, about two dozen men in team jerseys gathered on grounds in the far North Side with their kits of helmets, bats and protective gear, pumped to play cricket.

The scoreboard went up. Stumps were placed 66 feet apart, defining the wicket. Morning drizzle gave way to sunshine, and the match started, with a jumble of sounds — the crack of leather-covered balls against willow cricket bats and eight Indian dialects as players shouted encouragement to teammates on the pitch.

While the only “hard ball” format in town, which because of the weight of the ball isn’t necessarily for beginners, it wasn’t the only game of cricket played that day in San Antonio.

South Asian immigrants, primarily from India, Pakistan and Bangladesh, have been a growing presence here, with many of them taking high-skill positions with economic powerhouses such as Valero Energy Corp., H-E-B and the South Texas Medical Center.

Off the job, they gravitate toward the game most have been playing since preschool.

Some of the players are transitory, in town on one- or two-year work contracts. But many others have brought their wives, are starting families and are pursuing permanent residency or U.S. citizenship.

As a result of the influx, clusters of Indian and Pakistani grocery stores and restaurants — known as “little India” — have sprouted near the headquarters of USAA, a major importer of South Asian information technology workers, and close to the Medical Center, the workplace of scores of Indian-born physicians and medical researchers.

[…]

[Sol Hooda, a real estate agent who was one of the founders of the Alamo City Cricket League] who was born in Bangladesh, estimates between 250 and 400 South Asians lived here when he moved to San Antonio in the early 1990s. Now, he said, the number is in the thousands.

“A lot of people are coming from California, Chicago, New York, Atlanta,” he said. “I have several clients that were (on) temporary visas, but now they’re permanent. So they decided, ‘Hey, let’s buy a home.’ And they make good money, their credit is good, so they can afford to buy.”

Dr. Jayesh Shah, president of the American Association of Physicians of Indian Origin, said there are now as many as 3,000 families of Indian origin in the city and about 300 physicians.

Largely because Shah lives here, the city hosted the association’s 32nd annual convention last week. The gathering of doctors from around the country included appearances by U.S. surgeon general nominee Dr. Vivek Murthy, Miss America Nina Davuluri (the first Indian-American to win the crown) and a live video address from Indian Prime Minister Narendra Modi.

Part of the event was a celebration of “Mexican-Indian” culture, Shah said, including a tribute to La Meri, a San Antonio dancer who became proficient in Indian dance.

There also was daily yoga, a fashion show and a performance by Bollywood music stars.

It was be a chance to show off San Antonio’s charms to a well-heeled demographic.

“It matches the Indian climate, kind of,” Shah said. “And San Antonio is a nice city. It’s a big city, but it’s small, you know, and everybody’s well connected to each other.”

The Indian population here is small-scale compared with cities such as Houston, New York, Chicago and San Jose, California. But its growth fits in with a wave of immigration that has made Indians the U.S.’s third-largest immigrant group by country of origin, behind Mexico and China.

One in seven patients in America is now seen by Indian-born physician, Shah said.

I worked two summers at USAA while I was in college in the 80s, and I was reasonably familiar with the “Little India” area described above, but suffice it to say it was different back then. Consider this separate but related to the other recent stories about demographic changes in Texas’ cities. The emergence of not one but two cricket leagues is a bonus.