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July 26th, 2014:

Saturday video break: Cold Shot

The one and only Stevie Ray Vaughan, ladies and gentlemen:

I had no idea SRV even did MTV-style music videos. That one was amusing, if somewhat disturbing. I like how he has an endless supply of guitars at his fingertips. And speaking of fingertips, here’s Doctor John tickling the ivories for his cover of “Cold Shot”, from the tribute to Stevie Ray CD:

If you’re even a little fan of Stevie Ray’s, the “A Tribute to Stevie Ray Vaughan” CD is well worth your money. I especially like this cover because by necessity it’s different than the original, what with Doctor John being a piano virtuoso instead of a guitar god and all. The other covers are great, awesome versions, but other than this and Buddy Guy’s transcendant slowed-down version of “Long, Long Way From Home” they’re all very faithful to the originals. A little stylistic variety is always nice.

TPJ files criminal complaint against Ken Paxton

From the inbox:

TPJ Calls for Formal Investigation of AG Candidate Ken Paxton – Criminal Complaint Filed With Travis County DA’s Office

TPJ has filed a criminal complaint with the Travis County District Attorney against State Senator and Attorney General candidate Ken Paxton. The complaint, filed on July 18, seeks a formal investigation into allegations that Paxton committed one or more felonies when, over several years, he failed to register as an investment adviser representative of Mowery Capital Management as the state securities law requires. Paxton previously admitted to state regulators that he solicited clients and was compensated for his services when he was not a registered agent. Paxton also admitted hiding the income he received on his state personal financial disclosures.

Here’s the letter they sent to DA Rosemary Lehmberg and Public Integrity Unit lead prosecutor Gregg Cox. It’s pretty straightforward so I’ll reproduce it here:

Dear Ms. Lehmberg and Mr. Cox,

I believe that Mr. Kenneth Warren Paxton, Jr. has committed one or more criminal felony offenses related to his activities as an investment advisor representative for Mowery Capital Management, LLC (MCM). I encourage your offices to investigate and, if warranted, appropriately prosecute Mr. Paxton for his felony criminal conduct.

The public record appears to be unambiguously clear that Mr. Paxton violated provisions of the Texas Securities Act in 2004, 2005 and 2012 by failing to register as an investment adviser representative of Mowery Capital Management as the law requires.

As widely reported in the media, on April 30, 2014, by sworn acknowledgement, Mr. Paxton admitted to conduct that violated the Texas Securities Act. His sworn acknowledgement resulted in Disciplinary Order No. IC14-CAF-03 entered against him on May 2, 2014 by Texas Securities Commissioner John Morgan.

By agreeing to the Disciplinary Order Mr. Paxton has acknowledged that he solicited clients for MCM and was compensated by MCM for each client he delivered. Mr. Paxton also acknowledged that he was not registered with the Texas Securities Board as a representative of MCM during 2004, 2005 and 2012 when he actively solicited clients and potential investors.

The Texas Securities Act prohibits a person from acting as an investment adviser representative for an investment firm in Texas unless the person is registered as a representative for that particular firm. The Texas Securities Act provides that any person who renders services as an investment advisor representative without being registered as required by
the Act is guilty of a felony of the third degree.

I therefore request that you fully investigate this matter and prosecute any violations if justified by the law and the facts.

Respectfully,

Craig McDonald
Director, Texans for Public Justice

See here and here for the background. That disciplinary order was little more than a slap on the wrist, unless this develops into something. There’s also an SEC complaint pending against Paxton. That’s an awful lot of baggage for a candidate to carry, and one imagines it will have to take a toll on him. I figure at least a few Dan Branch supporters are going to avoid voting for Paxton in November, though how many that may be is anyone’s guess. The one thing about all this that worries me is that once the Democratic District Attorney from Democratic Travis County gets involved, Paxton and his supporters can claim it’s all about partisan politics and that he’s the real victim here. He’s already traveling down that road. If there’s one thing that can overcome revulsion against an ethically-compromised candidate, it’s tribal identity. Still, the facts here are quite plain – Paxton signed legal documents stipulating to what he did – and for sure someone was going to file a complaint. Now we wait and see what Lehmberg and her staff make of it. The Statesman has more.

Another lawsuit against Uber and Lyft

That’s three lawsuits that I know of.

Lyft

A coalition of Texas disability advocates sued ride-share companies Uber and Lyft on Thursday as part of dozens of lawsuits filed around the state ahead of the anniversary of the Americans with Disabilities Act.

“Uber and Lyft are up and coming in terms of transportation companies, and they don’t really have any means to provide wheelchair accessibility,” said plaintiff David Wittie, of the advocacy group ADAPT of Texas. “They are socially irresponsible and not accessible and equivalent for people with disabilities.”

Wittie said denials of services to disabled Texans led ADAPT and the Texas Civil Rights Project to target the companies, which connect interested riders with willing drivers via smartphone applications.

[…]

Uber

The suits were filed in Travis County, but theoretically could affect the rest of the state, Wittie said. Uber and Lyft operate – albeit illegally – in several Texas cities, including Houston.

Houston City Council is scheduled to vote next week on regulations proposed by Mayor Annise Parker that would allow them to operate legally if they acquire permits and carry commercial liability insurance, among other requirements. Taxi and limousine companies oppose the rules because they oppose the ride-sharing companies, and have filed federal lawsuits of their own to stop the companies.

Last month, three wheelchair-using Texans in Houston and San Antonio sued Uber and Lyft in federal court for alleged discrimination under the ADA, according to the Courthouse News Service.

Also sued Thursday as part of the coordinated effort was Austin-based Yellow Cab, which Wittie said routinely makes people with disabilities wait hours before sending an accessible taxi. Wittie said he has experienced that. The company did not return a telephone call seeking comment.

Here’s what I had on the earlier federal lawsuit. It was reported in Courthouse News and pretty much noplace else, so if it’s news to you, I understand. I suppose it’s possible that lawsuit could get combined with this one, but I’m just guessing. There’s also the lawsuit filed by cab companies in an effort to enjoin Uber and Lyft from operating in Houston. Am I missing anything? All this is happening as Council gets set to (maybe) take up the vehicles for hire matter again next week. I can’t wait to see what happens next.

How are those new Chapter 42 regs working?

A little too soon to tell.

Planning and Development Director Patrick Walsh said the changes were designed to make the city competitive with its suburbs by creating more housing options, holding down prices and spurring redevelopment outside the Loop.

“It’s going to be hard to quantify the degree to which these rules are supporting the objective of affordability, but I do think we’re starting to see these rules used to accomplish the goal of reinvestment,” Walsh said. “In even just a couple of months after the rules are in place, we’re seeing some applications for these shared-driveway type developments with some smaller lots. That is a sign of some degree of modest success, and we’re hoping for more.”

[…]

Civic club leaders, concerned about waves of tightly packed two- or three-story patio homes invading established neighborhoods, negotiated for the rules to be phased in over two years. The first phase took effect in late May, with tracts larger than an acre and smaller tracts that are not residential and are not adjacent to residential areas becoming available for development under the new density rules. The rules will apply citywide starting next May.

The Planning Commission has considered or soon will consider three applications that would not have been possible previously.

In east Spring Branch, at Silber and Purswell, Soleil Livin’ Homes plans to build 27 units on a 1.2-acre vacant industrial site. In southwest Houston’s Willowbend neighborhood, a developer seeks to build six lots on half an acre.

And at the northwest edge of the Loop in Garden Oaks, homebuilder Miguel Facundo is building 14 units on the half-acre site of a former roofing business at Alba and Judiway.

Facundo said he plans to build at least 50 more townhomes in the area. He said he has heard chatter about industrial and commercial sites nearby selling to other developers for more such projects. In pushing for the rule changes last year, representatives of Spring Branch-based David Weekley Homes discussed numerous projects they would be able to build in their area once the higher density was allowed.

Facundo acknowledged that the prices he will offer, while perhaps $100,000 cheaper than the homes built under the old rules, will be aimed far above middle-income buyers, in the high $500,000s. Examples from Weekley representatives’ rarely listed price points below $300,000.

“My product’s a little bit different than most of the patio and townhome builders,” Facundo said. “I’m trying to do more of an upscale, a quality build. Then the neighborhood continues to go in the right direction.”

See here for the last update. It’s good that projects like these are being built, though there’s clearly still some work to be done on affordability. Another recent story adds to the anecdotal evidence with the news that over the last 12 months, residential permits within Beltway 8 were up 22.8 percent over the same period last year, which is more than twice the rate as the rest of the city. Beyond that, who knows? I liked the changes made, and I definitely agree with the idea behind them that it’s important to attract development inside city lines – it matters politically and economically. There’s plenty of empty and underused land that’s begging to be put to better use. I hope these new rules will facilitate that, but we need to carefully watch the effects and be prepared to make further changes if needed.

Expanding Medicaid the hard way

A lot smaller than it should have been, but it’s still something.

It's constitutional - deal with it

It’s constitutional – deal with it

More than 80,000 additional Texans have enrolled in Medicaid or the Children’s Health Insurance Program since the rollout of the Affordable Care Act last fall despite Republican state leaders’ decision not to expand eligibility to poor adults, according to federal figures.

The 80,435 new enrollees as of May — mostly Texans who already qualified for coverage but did not previously seek it — represent a 1.8 percent increase over pre-Obamacare figures. That places Texas, which has the nation’s highest uninsured rate, in the middle of the pack among states that chose not to expand access to those programs to everyone under 138 percent of the federal poverty line under the president’s signature health law. The expansion, a key tenet of Obamacare, was deemed optional by the U.S. Supreme Court.

This “woodwork effect” or “welcome mat effect” — in which people hear about Medicaid expansions around the country and learn they qualify in Texas — has not been huge. Roughly 874,000 Texans eligible for Medicaid or CHIP have still not enrolled, according to Kaiser Family Foundation estimates. That includes more than 700,000 children, said Christine Sinatra, state communications director for Enroll America, a group seeking to get the uninsured covered under the federal health law.

Stephanie Goodman, spokeswoman for the Texas Health and Human Services Commission, said her agency started seeing enrollment rates rise a couple of years ago, when the conversation on Obamacare was heating up. After the act took effect, and parents took to the federal marketplace to purchase private insurance plans, many discovered that their children were eligible for Medicaid, Goodman added.

[…]

Get Covered America and Enroll America, which are leading the charge to bring more people into the coverage fold across the country, also cited the Affordable Care Act’s simplification of the sign-up process as a driver of Texas’ recent enrollment growth, which took off in the spring.

And though Texas leaders did not expand Medicaid, the criteria for eligibility here and elsewhere did broaden slightly: The act raised from 21 to 26 the age at which people formerly in the foster care system have to give up their Medicaid coverage.

Absent the Medicaid expansion that Texas chose not to join, Medicaid and CHIP eligibility in the state is generally limited to members of several vulnerable groups, including children under 200 percent of the federal poverty line and some low-income seniors, pregnant women and parents, Sinatra said.

Texas has historically put up a lot of obstacles to enrollment in Medicaid and CHIP. In addition to the exceedingly stingy income requirements, there has been a six-month enrollment period at times, meaning you have to sign up twice a year. The state, and in particular the Republican leadership, does all this in a deliberate effort to keep enrollment down, since that allows for less spending. By the state, anyway – sucks to be you, counties and hospital districts. I for one would consider it justice if every currently eligible person managed to get themselves enrolled, however much it wound up costing the state. We’d be far better off overall regardless of the price. Texas Leftist has more.