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December, 2014:

Interview with Ty McDonald

Ty McDonald

Ty McDonald

The discussion of the special elections going on this week and culminating on January 6 has been dominated by Bexar County, home of two of the three races, including the Senate race, but the HD17 election is important in its own right. It’s centered in a growing part of the state and it has a decent shot at being an R versus D race in the runoff. There are two Ds running in this race, with one of them, Ty McDonald, having the better chance to make it to overtime. McDonald, whom I profiled here, is a teacher and former Bastrop ISD school board member, whose husband Ronnie, a former Bastrop County Judge, was a candidate for CD27 in 2012 (my interview with him is here). She had given thought to running for HD17 in November before making a run for County Judge herself. We covered a lot of ground in the interview:

As of this publication, I am still trying to work out an arrangement to interview Rep. Jose Menendez for his campaign in SD26. I hope to have this for Friday, or at worst for Monday.

Meet the judges

Not a bad panel, all things considered.

RedEquality

Judges Patrick Higginbotham of Dallas, Jerry Smith of Houston and James Graves Jr. of Jackson, Miss., will sit on a panel that will hear appeals from state officials in Texas and Mississippi of lower-court rulings that overturned the two states’ gay marriage bans.

In the Louisiana case, U.S. District Judge Martin L.C. Feldman upheld his state’s ban, so there, same-sex couples are appealing.

University of Richmond law professor Carl Tobias, who closely tracks the gay marriage suits, said in an interview that while the 5th Circuit is one of the most conservative appellate courts in the country, opponents of gay marriage aren’t guaranteed to prevail.

“The draw is a rather typical 5th Circuit panel,” Tobias said. “Higginbotham’s vote will be critical.”

Higginbotham and Smith were nominees of former President Ronald Reagan, a Republican, while President Barack Obama, a Democrat, selected Graves.

[…]

Graves, who served on the Mississippi Supreme Court before Obama elevated him to the federal bench in 2011, apparently has not ruled previously on same-sex marriage, Tobias said. But Graves probably will be “pretty open minded to the arguments” of the gay couples, the professor said.

He said Higginbotham is harder to handicap.

Once considered solidly conservative, Higginbotham has irritated some conservatives with his rulings critical of Texas judges’ handling death-penalty cases and a recent decision in which he wrote an opinion upholding the University of Texas’ race-conscious admission policy.

In 1976, former President Gerald Ford, a Republican, selected Higginbotham to serve as federal district judge in Dallas. Higginbotham moved up to the appellate court six years later, amid speculation he was Supreme Court material.

The talk has faded. Higginbotham, 76, is on senior status.

“He’s probably right in the middle of that court and well-regarded,” Tobias said. “It’s just hard to know where he might be on this issue.”

That largely matches Unfair Park‘s assessment as well. Smith, who was on the redistricting panel, is generally considered likely to uphold the ban on same sex marriage.

At least we have a chance with this panel, and with the Fifth Circuit that’s all you can ask for. With the appeal of HB2, it’s hard to see any hope.

Fifth Circuit Court of Appeals Judges Jennifer Walker Elrod and Catharina Haynes, who both voted earlier this year to uphold the abortion law, known as House Bill 2, will join Judge Edward Prado on the panel that next Wednesday will hear oral arguments on the latest challenge from abortion providers, the court announced.

All three were appointed to the bench by President George W. Bush.

[…]

Elrod and Haynes were part of a unanimous trio that last spring voted to uphold a piece of House Bill 2 requiring Texas abortion doctors to get admitting privileges at a nearby hospital. The abortion privileges are again at issue in the new challenge, although it mostly centers on a separate mandate that abortion facilities comply with the expensive standards of hospital-style surgical centers.

Elrod, who seems to have a knack for hearing abortion cases, also ruled earlier this year as a part of a 2-1 majority to allow the mandate to take effect as the case goes on – a decision that was eventually reversed by the U.S. Supreme Court.

I’m not sure what is even the point in arguing before Elrod. There’s no way she doesn’t already have her mind made up. Elrod has made her intentions clear. Is it possible to have an appellate judge recused for being obviously biased? Not that it would likely matter anyway, but I’m just curious. Lone Star Q and PDiddie have more.

Banning e-cigarette sales to minors

You’d think this would have a decent chance of passing.

Legislators in Texas, one of just nine states that permit the sale of e-cigarettes to minors, will consider banning such sales amid concerns about growing use of the “safer” alternative to smoking among youth.

Even as the Texas Medical Association and Texas Public Health Coalition plan to lobby the 2015 Legislature to regulate e-cigarettes, three bills have been filed to forbid their sale to anyone under 18, a group now found to favor the battery-powered devices that turn liquid nicotine into a vapor the user inhales. The product isn’t considered harmless, particularly in young people.

“Why should it be OK for minors to buy one nicotine product and not another?” asked state Rep. Carol Alvarado, D-Houston, author of one of the bills. “I don’t know how you justify that. I don’t know how any responsible adult would justify that.”

Alvarado, who as a Houston City Council member spearheaded passage of the ordinance that bans smoking in restaurants and bars, said she’s optimistic the Legislature will pass a bill restricting the sale of e-cigarettes. The idea enjoys bipartisan support, she said, and she is not aware of any likely opposition. The other bills were filed by Sen. Juan Hinojosa, D-McAllen, and Rep. Ryan Guillen, D-Rio Grande City.

[…]

The planned lobbying effort by the Texas Medical Association and Texas Public Health Coalition stresses banning e-cigarette sales to minors but also includes extending state regulation of tobacco products to e-cigarettes too. Other provisions would fund research on e-cigarettes’ effects and provide for more school-based education about the effects of e-cigarettes, nicotine, tobacco, and other addictive substances.

But Dr. Eduardo Sanchez, a Texas Medical Association leader and chairman of the Texas Public Health Coalition, said prohibiting sales to minors is the most important goal.

“E-cigarettes are too easy for young people to access,” said Sanchez. “It should be just as difficult for young people to obtain and get hooked on them as combustible cigarettes.”

Rep. Alvarado’s bill is HB 170. SB 96 and SB 97, both filed by Sen. Hinojosa, would prohibit the use of vapor products on school property, and apply many of the regulations on cigarettes to vapor products, respectively. Some cities outside Texas have taken action to treat e-cigs the same as regular smokes, though cities like Houston have not done so yet. That may change depending on what the state does. None of the usual arguments against statewide smoking bans apply in a case like this, and as Rep. Alvarado notes it’s hard to imagine any lobbying being done in opposition to these bills. Doesn’t mean they’ll pass – it’s always a matter of priorities as much as anything – but if this gets on the calendar I’ll expect it to wind up on Greg Abbott’s desk for a signature.

Texas blog roundup for the week of December 29

The Texas Progressive Alliance is takking a cup of kindness yet as it brings you this week’s roundup.

(more…)

Interview with Trey Martinez-Fischer

Rep. Trey Martinez-Fischer

Rep. Trey Martinez-Fischer

Continuing with my sprint-to-the-finish-line week of special election interviews, today we have a conversation with State Rep. Trey Martinez-Fischer, one of five candidates vying to succeed Sen. Leticia Van de Putte in SD26, the higher profile and much more expensive race of the three. An attorney and native of San Antonio, Rep. Martinez-Fischer – better known as TMF – has represented HD116 for seven terms. The current chair of the Mexican American Legislative Caucus (MALC), TMF has been one of the leaders in the Democratic caucus on some highly charged issues such as redistricting and voting rights. He has twice been recognized by Texas Monthly for his service in the Legislator, as a Ten Best winner in 2013 and the “Bull of the Brazos” following the bruising 2011 session. Here’s what we talked about:

I should have interviews with candidates from other races the rest of this week.

HD17 overview

The Chron provides an overview of the special election in HD17. Given that current Rep. Tim Kleinschmidt hadn’t planned to resign till January 14, it seems that the swift date for this election, the same day as the ones in Bexar County, caught the prospective candidates a bit by surprise.

Rep. Tim Kleinschmidt

Kleinschmidt has not made any endorsements in the race, though his chief of staff is actively campaigning for Republican candidate John Cyrier and is expected to stay on if Cyrier wins.

Cyrier, a construction executive who served on the Caldwell County Commissioners Court from 2010-2013, is positioning himself the only serious contender with a voting record and one who will not require on-the-job training at the Capitol. Endorsed by the Texas Farm Bureau and several state representatives from the area, Cyrier has been working to consolidate support from the region’s GOP power brokers and seize the mantle of odds-on establishment favorite.

[…]

Bastrop entrepreneur Brent Golemon is running as a different kind of Republican, expressing concern over the direction of the state while pitching himself as the only “principled conservative” in the race. If elected, he said he would work to undo burdensome regulations on businesses and schools that have kept Texas from reaching its full potential.

“We’re not the lesser of two evils – we’re actually a positive place to be,” Golemon said. “‘At least we’re not as bad off as California.’ That’s not a good way of saying: ‘Come to Texas. Be a Texan.’ ”

[…]

Two Democrats are also running, though just one of them – pastor Ty McDonald – is seen as having a shot at spoiling either Republican’s chances of winning more than half the vote and avoiding a runoff Jan. 6. The other Democrat, Cedar Creek real estate agent Shelley Cartier, has kept a lower profile than McDonald, who last year weighed a challenge to Kleinschmidt.

McDonald also has somewhat of an advantage in name recognition as a one time congressional candidate and wife of former Bastrop County Judge Ronnie McDonald. Plus, she fashions herself as more conservative than liberal on social issues, creating the opportunity for crossover appeal in a district where voters’ priorities are hardly partisan lightning rods.

“People tend to have a hard time boxing me in,” McDonald said. The seat, she added, is “up for grabs, and I’m ready to part the red sea.”

Rounding out the five-person lineup is independent Linda Curtis, a longtime Bastrop activist who helps run a political action committee that boosts independent politicians. She also has been mindful of the race’s quirks as a self-styled populist looking to rebuke the leadership in Austin.

“Rick Perry is sneaking an election during the Christmas holiday,” Curtis said in a news release announcing her candidacy. “Lets not make this The Grinch That Stole An Election.”

I will have an interview with Ty McDonald later this week. The presence of Linda Curtis, whom the Austin Chronicle notes has been plying a gadfly/professional outsider schtick for many years, adds an interesting dimension to the race. In a November election, I could see her peeling off a fair number of votes, which I’d guess would more from the R column than the D though not by a huge amount. I don’t know how well that will play in a January election, where the large majority of the participants will be hardcore partisans. One can make an impact as an indy in a race like this, but it likely takes a certain level of resources, since you have to make sure people know that there is an election in the first place, and/or a certain level of name recognition – perhaps “notoriety” is a more accurate term – to cut through the noise. We’ll see how it plays out here. If you live in HD17, what (if anything) are you hearing about this election? Leave a comment and let us know.

Tommy Adkisson joins SA Mayoral race

And then there were three major candidates.

Tommy Adkisson

Bexar County Precinct 4 Commissioner Tommy Adkisson became the latest candidate to enter the 2015 San Antonio mayor’s race Sunday as he announced his bid to lead the Alamo City.

[…]

His announcement touted that the city needs a “Stay-at-home” mayor to handle the resolution of the fire and police contract and appeared to single out City Manager Sheryl Sculley.

“We need to get back to the bargaining table and resolve, not leave the table until we reach a resolution,” he said.

“My fellow citizens, one thing should be clear: the city manager works for the mayor and council, not vice versa,” he said in a statement released Sunday night.

The statement in question is here, via his campaign Facebook page. Adkisson, like Mike Villarreal and Leticia Van de Putte, is a Democrat; he was a Bexar County Commissioner for four terms before making an unsuccessful challenge in the Democratic primary to County Judge Nelson Wolff this March. He was also in the Lege for two non-consecutive terms back in the 80s. His candidacy for Mayor had been rumored/known about for some time, so this is no surprise. Beyond that, I don’t know much about him, but his presence pretty much guarantees that there will be a runoff, and it adds a few extra dimensions to things. I’d be interested in hearing from my San Antonio readers what you think about this.

It pays to go green

It’s a simple enough formula – reduce energy usage, save money.

Mayor Annise Parker

Mayor Annise Parker

As Houston leaders push the counter-intuitive notion that the world’s energy capital can go green, and pledge ever-lower emissions goals for municipal operations, installing energy-efficient lighting and low-flow toilets can seem like hopelessly small measures.

City data show a seven-year effort to retrofit municipal facilities with those types of energy-efficient upgrades is working, however. And that matters, since Mayor Annise Parker’s office says energy costs are the city’s third-largest category of spending, after employee salaries and benefits.

The energy and operational savings produced by upgrades to 87 city buildings, completed over the last four years, have averaged $5.2 million a year. That trend is beating officials’ original estimates, and, if it holds, will see the investments pay for themselves in about 10 years, more than two years sooner than projected.

The city will continue to operate the buildings beyond the next decade, added Gilberto Lopez, a senior project manager in the city’s General Services Department, capturing even more savings into the future. Even if the positive trend were to reverse, Lopez said, both contractors handling the upgrades for the city guarantee results from their work, and will cut the city a check if the buildings don’t perform.

“The savings is absolutely a win,” Lopez said. “Is it a windfall, is it taking our breath away? We’re always looking in terms of, ‘Let’s clear the baseline and then we’ll celebrate everything else.’ But we feel very positive about the program.”

[…]

Houston has decreased its greenhouse gas emissions by 32 percent since 2007, and Parker earlier this year committed to cut emissions by another 10 percent by 2016. Parker also this year announced the city would work with CenterPoint Energy to convert 165,000 city streetlights to light-emitting diodes to reduce energy use, electricity costs and emissions. White and Parker also passed new codes for new commercial and residential development requiring greater energy efficiency.

Such efforts are an important component of acting sustainably, said Luke Metzger, director of Environment Texas, because an estimated 40 percent of all the energy used in the United States is consumed by buildings.

“A lot of older buildings are still wasting a lot of energy in terms of leaking insulation or outdated appliances, lighting and heating controls,” he said. “They really are largely an untapped resource in terms of saving energy – and the more energy we save, that means power plants are running less and pumping less pollution out of the smokestack. It definitely has a huge impact in terms of cleaning up the air.”

Putting aside the not-inconsiderable environmental benefits, this is savings without having to cut anything, and it’s ongoing. There’s nothing not to like about it. It’s true that any individual LED light or low-flow toilet doesn’t make much difference, but a couple thousand of them together adds up to quite a bit. Kudos all around.

Interview with Diego Bernal

Diego Bernal

Diego Bernal

For the second biennium in a row, there are legislative special elections going on during what many of us think of as the Christmas break. That’s not so great for the people involved in those campaigns, since it’s hardly a break for them, but at least it’s convenient for me to schedule some interviews. I’m going to bring you a few interviews with candidates running in these special elections, for which early voting has now begun. First up will be Diego Bernal, who recently resigned his seat on San Antonio City Council to run for the HD123 position that was vacated by Mayoral candidate Mike Villarreal. Bernal, a native San Antonian, was a social worker and civil rights attorney before his election to Council. I first became aware of Diego Bernal back in 2012 when he led the fight to pass stricter regulations on payday lenders, thus helping to set a model for other cities like Houston to adopt. He was also a key supporter of expanding San Antonio’s non-discrimination ordinance to include LGBT folks. Those were among the topics we covered in the interview:

I should have interviews with candidates from other races the rest of this week.

First city campaign finance lawsuit action this week

As you may recall, City Council candidate Trebor Gordon filed a lawsuit last month alleging that the city of Houston’s campaign fundraising blackout period was illegal. This week, a federal judge is expected to rule on a request for a temporary injunction that would suspend that ordinance.

Trebor Gordon

Trebor Gordon

In court filings, Gordon argues that the abridged timeline makes it impossible for a political challenger to amass the financial wherewithal to unseat an incumbent with a war chest. The city counters that the blackout period is essential to preventing corruption and that nothing stops Gordon from working the stump before asking for checks.

“Campaigning is a larger universe than simply soliciting and accepting donations,” the city attorneys argued in court filings. “Gordon is not prohibited right now from spreading his ideas and seeking support. He simply chooses not to.”

[…]

Gordon and his attorney, campaign finance lawyer Jerad Najvar, sharply disagree, charging that any campaign is feeble and futile until the candidate has the money to execute it.

“A candidate may decide that it would be counterproductive to make sporadic statements via social media before he has amassed enough resources to properly roll out a campaign,” Najvar said in court papers. “This is the kind of tactical decisions that candidates can make with their advisers, without the need for spitballing by government lawyers.”

The current blackout period, they say, is merely a “paternalistic” way for the powerful to insulate themselves from challengers and does little to prevent quid-pro-quo corruption by city officials. In Gordon’s eyes, a contribution is political expression, and Gordon has a constitutional right to serve as the vehicle for his donors’ opinions.

Plaintiffs also note that the fundraising window is unfair. Candidates who currently hold non-city office – such as likely mayoral contenders Rep. Sylvester Turner and Harris County Sherriff Adrian Garcia – can raise money while others cannot and then potentially transfer the money to their city campaign accounts after Feb. 1.

That raise-and-transfer strategy, conducted openly by Turner and approved by City Hall, is the subject of a second lawsuit to be heard in mid-January.

I’ve said before, I think Gordon’s case has merit. Other cities don’t have a similar blackout period, and the Legislature’s blackout is for when they are in session, five months every two years, while Council is in session year-round. One can certainly argue that the 14-month prohibition on fundraising for Council is arbitrary and far too broad. In John Roberts’ America, it’s hard to see how that argument loses.

[Lobbyist Robert] Miller said that if the blackout period is declared unconstitutional, it would make irrelevant when Turner, considered the favorite in the field, raised the donations. He also disagreed with Najvar that allowing donations year round would disadvantage incumbents.

“With term limits, they know that once they win their first election, they only got two more so they’ll be focused,” he said. “There are no incumbents that you’re going to be sneaking up on.”

Here I agree with Miller. Who else has a reason to fundraise during the first few months of even-numbered years? Sure, there are some candidates who know right after one election that they’re in for the next one, but that’s true for every single non-term-limited incumbent. I guarantee you, while a few select non-incumbents may benefit from this if the blackout period is struck down, the main effect you’ll see is greater cash on hand totals for current electeds each January.

From the “Hope springs eternal” department

Texas Democrats have hope that the upcoming legislative session won’t be any worse than preceding ones.

Road-Sign-with-Hope-and-Sky[1]

Despite all of the turnover in state government in 2014, the Texas Legislature will reconvene in January with a familiar balance of power. Democrats, resigned to a perennial minority, remain outnumbered by Republicans by a two-to-one margin.

The majority is seen as most conservative in recent memory, a reality that Democrats say may augur a tougher 140 days than usual for them.

“The bottom line is that I think it’s going to be a very difficult session,” said state Rep. Elliott Naishtat, D-Austin. “We are in a complete minority as we have been for a while and on many of these issues … it’s been rough the last few sessions.”

Nonetheless, lawmakers from both parties are quick to note a large part of their work in Austin is not as politically divisive as the legislation that often makes headlines.

“It’s going to be a very conservative Senate, but this is Texas, it’s not Washington, and we have to get things done,” said state Sen. Joan Huffman of Houston, who chairs the Senate Republican Caucus.

[…]

Some Democrats take heart in the fact that two of their top priorities – education and transportation – also are among Gov.-elect Greg Abbott’s targets. Since beating Democrat Wendy Davis on Election Day, Abbott has been vocal about the need for bipartisanship to carry out his agenda.

“What he’s been saying is encouraging, and I take him at his word,” said state Rep. Chris Turner of Fort Worth, who managed Davis’ campaign and chairs the House Democratic Caucus. “To the extent he and other Republicans want to focus on education and transportation and other core issues like that, I think they’ll find that Democrats are ready and willing to work together and find solutions.”

Longtime Democratic consultant Harold Cook said it is not all doom and gloom for his party’s legislators, explaining they should feel heartened by the senior staff announced so far by Gov.-elect Greg Abbott and Lt. Gov.-elect Dan Patrick. Calling the officials “certified grown-ups” and “honest brokers” with bipartisan credentials in Austin, Cook said they should offer a sliver of hope to Democrats worried about this session.

“Let’s face it, a lot of Democrats are not going to agree with the ideological stuff. That happened on Election Day,” Cook said. “What you can deal with is whether your voice is heard and whether your view is considered.”

Brandon Rottinghaus, a political science professor at the University of Houston, said Democrats in recent years have proven adept at doing just that.

“They’ve been very smart and savvy about cutting deals and holding the line when they could,” said Rottinghaus, citing efforts to slow down the legislative process with amendments and points of order. “To be honest, Republicans sometimes bit off more than they can chew.”

It’s true that Republicans have overreached in the past. It’s also rue that they haven’t exactly suffered at the ballot box for it. That said, Texas Democratic legislators have been adept at playing defense and wringing what they can out of the limited opportunities they have had. I believe those abilities will be tested again this session. I’d like to believe that Abbott and Patrick will govern as grownups that are interested in solving the real problems this state faces. I just don’t see a whole lot of evidence in their past records or the campaigns they ran to suggest that they will.

As such, color me even more dubious of this.

In a private meeting with Houston-area state lawmakers last week, Gov.-elect Greg Abbott brought up a topic so radioactive in Texas politics that even the mention of it caught the room off guard, according to three of those present.

The longtime attorney general, who made a name for himself by suing President Barack Obama and his administration, asked for more information about a compromise recently struck by the Republican governor of Utah and the federal government that could pave the way for that heavily conservative state to expand Medicaid through the president’s signature health care law.

“I don’t even know anything about the Utah model, but it was encouraging because it sounded like at least he’s looking at options,” said one of the attendees, Rep. Carol Alvarado, D-Houston, who supports Medicaid expansion. “It was like, if he’s bringing this up, he’s not shutting the door on it. I think he’s open to looking at it.”

However brief the exchange, which an Abbott spokeswoman declined to confirm or otherwise discuss, the reaction that it generated in the room illustrates the surprising optimism of some supporters of a Medicaid expansion compromise in Texas heading into next year’s legislative session.

Twenty-seven states now have accepted some form of Medicaid expansion, including eight with Republican governors; proposals are under discussion in seven other states, including Utah, according to the nonprofit Henry J. Kaiser Family Foundation. An effort to get Texas to negotiate with the federal government on a compromise stalled in the Legislature in 2013, but a coalition of liberals, moderate conservatives, hospitals, businesses, social service organizations and local government officials is gearing up for a heavy push this time around.

We’ve been over this before. The words “block grant” don’t appear in that story, but barring any actual, on the record words from Greg Abbott to the contrary, that remains the goal of any “Medicaid” expansion deal for him and the rest of the leadership. As that is neither “Medicaid” nor “expansion” in any meaningful sense, nor something the Obama administration will touch with a ten-foot pole, it’s not worth wasting time on. Hoping that Dan Patrick will act more like David Dewhurst circa 2003 is the more realistic item for one’s wish list. EoW has more.

Weekend link dump for December 28

It’s almost the year 2015, but where are the hoverboards? We were promised hoverboards!

Mythbusters meets The Simpsons.

“Researchers are unsure why whales have suddenly chosen to inhabit the city, though they posit it has something to do either with an increase in available food, or the high cost of rent forcing them from more desirable parts of the ocean.”

Don’t take medical advice from doctors on TV.

Know your cold medicines.

“If and when we finally encounter aliens, they probably won’t look like little green men, or spiny insectoids. It’s likely they won’t be biological creatures at all, but rather, advanced robots that outstrip our intelligence in every conceivable way.”

“At first glance it would seem that the only way to do that would be through some sort of self-deception. Some part of me knows that the presents come from a supply chain stretching back to China, so if I want to believe they come from a jolly old elf, I need to lie to myself. I could perhaps use some combination of meditation techniques and psychoactive drugs to induce Santa belief.”

Minnesota > Wisconsin.

There’s not a whole lot we can do to retaliate against North Korea.

All five seasons of “Pee-Wee’s Playhouse” are now available for streaming on Netflix. Take whatever action you deem appropriate.

What Conor Friedersdorf says. Also, what Kareem Abdul-Jabbar says.

My hometown distinguishes itself again. That’s unfortunately not a compliment.

The NHL has gone carbon neutral, because you need ice to play hockey.

Script Notes on The Birth of Jesus. The standard beverage warning applies.

RIP, Joe Cocker, rock singer best known for his rendition of the Beatles’ “With a Little Help From My Friends”.

“If it’s already 2015, then that means within just four years — during the current term of U.S. senators elected last month — replicants will roam the streets of a rain-soaked dystopian Los Angeles (Blade Runner), the most popular TV show in the world will be The Running Man, and an electromagnetic pulse will turn the Pacific Northwest into a militarized police state patrolled by flying drones (Dark Angel). Those stories were all set in 2019.” And don’t forget about the hoverboards, either. We’re going to need them.

“The trouble for Republican rhetoricians is that by the party’s own standards, Obama is succeeding beautifully. They established the GOP benchmarks and now the Democratic president is the one meeting, and in some cases exceeding, the Republicans’ goals.”

Time to remember the worst op-ed in recent history. And that’s saying something.

“In any case, now I know what I want for Christmas: A country that doesn’t spin into a damn tizzy over every little thing. From Ebola to ISIS to the Sony hack, you’d think we were all at risk of losing our lives to outside forces every time we step off our front porches.”

Rudy Giuliani is a terrible human being. In case you needed a reminder of that.

Five things President Obama can do to keep environmentalists happy in 2015.

The Into the Woods movie we might have had in a different world.

“You’ll never hear this on Fox News, but 2014 was a year in which the federal government, in particular, showed that it can do some important things very well if it wants to.”

“Yet anyone who bought gold, silver, or oil after Obama’s re-election must feel, today, like the victim of a mugging.”

Jeb Bush’s Obamacare problem. (Also his “making big profits with bad-acting financial firms then selling off and hoping no one notices” problem.)

How the Yankees landed Babe Ruth 95 years ago.

Profile of Bert Richardson

The Chron has a nice story about Bert Richardson, the well-regarded judge in the Rick Perry trial, though they manage to completely avoid addressing a key issue regarding him.

Bert Richardson

When Gov. Rick Perry was asked whether the criminal case against him could mar his potential presidential bid, he waved off the idea by saying he has no problem multi-tasking.

The same can be said of the state judge who holds Perry’s fate in his hands.

Senior Judge Bert Richardson is deciding whether to toss the indictment against Perry in a case being closely watched nationally because of its potential effect on Texas’ longest-serving governor.

But big as that decision is, it’s far from the only thing on Richardson’s plate.

As a visiting judge whose territory includes multiple counties, he has been handling everything from a regular prison docket in South Texas to high-profile murder cases.

He’s preparing for the next step of his career on the Texas Court of Criminal Appeals, a seat he won in November.

And in his spare time, he is a freelance photographer covering sports for a running magazine and capturing moments around his San Antonio home, at the Texas Capitol or in the counties he visits in his day job.

[…]

While overseeing the Perry case, Richardson has carried on with responsibilities that recently included a prison docket in Beeville in which an inmate slipped out of his handcuffs and started a fight outside the courtroom.

High-profile cases under his purview include DNA issues in the death-penalty case of convicted El Paso serial killer David Leonard Wood; the murder conviction of Sonia Cacy, seeking to be declared innocent after being paroled after the fiery death of her uncle in Fort Stockton; and the case of Darlene Gentry, a nurse seeking a new trial after getting 60 years in the 2005 shooting death of her husband in Robinson.

Richardson wouldn’t talk about the cases he’s overseeing, but indicated that he takes his responsibility as seriously in other cases as in the Perry indictment.

“I’ve tried lots of death penalty cases as a prosecutor and as a judge. To me those things are more stressful than this. … It’s a life-and-death decision,” he said, while emphasizing, “I understand the importance of this and I certainly want to make the right decisions based on the law.”

Richardson so far has ruled against Perry’s efforts to have the case dismissed on technical objections to the special prosecutor, San Antonio lawyer Michael McCrum, based on issues related to his oath.

Richardson appointed McCrum as special prosecutor after Lehmberg recused herself. Given that he had administered McCrum’s oath, Richardson asked lawyers whether they wanted a different judge to hear the matter, but they didn’t. He has yet to rule on broader challenges to the indictment.

That ruling on McCrum was back in November; I had expected a quicker ruling on the other motions, but I suppose Perry’s lawyers might have buried him in paperwork, thus drawing out the timeline. Be that as it may, I had been assuming that once Richardson was sworn in as a Court of Criminal Appeals justice that he’d have to drop the other judicial work he’d been doing. This article doesn’t address that point at all, though it does give the impression that Richardson will in fact keep on doing what he’s been doing, though presumably he would not take on any new cases. Can any of the lawyers out there help me understand this? I mean, if he does continue on whatever he rules will likely wind up before the CCA down the line, and he’d (I assume) have to recuse himself from those hearings. Is this normal? Has any other judge been in a similar position before? I have no idea. Grits has more.

Trib overview of the same sex marriage appeal

Less than three weeks till the appeal is heard by the Fifth Circuit.

RedEquality

Fourteen states allowed same-sex marriage when Cleopatra De Leon and Nicole Dimetman filed a lawsuit late last year challenging Texas’ constitutional ban on marriages that are not between a man and a woman.

The couple, married in Massachusetts in 2009, lives in Austin and collided with Texas law when they could not both be listed on the birth certificate of their first child. They hope the law is changed before the birth of their second.

“There are moments in our lives that are flashbulb moments,” De Leon said during a town hall event last week, describing the decision she and Dimetman reached to challenge the state’s same-sex marriage ban.

With the case heading to the U.S. Court of Appeals for the 5th Circuit in New Orleans next month, De Leon, Dimetman and gay rights advocates are holding their breath, hoping that Texas is on the verge of its own flashbulb moment. A federal district judge has already ruled in their favor, and if Texas’ appeals fail, the state may be compelled to join the almost three-quarters of the country that now allows same-sex marriage.

That sort of societal change would come at a time when Texas, the largest state with a same-sex marriage ban, is ushering in a new slate of Republican leaders and lawmakers with an even more conservative bent, including staunch opposition to gay marriage.

There’s nothing new in the story, it’s just a recap for those who might need it. The one question I don’t know how to answer right now is what the reaction and response from Republicans will be if and when the law is finally invalidated for good. The current (over)reactions give some idea, but the dawn of the same-sex marriage era in Texas is bigger than all that, and I don’t have a good feel for what the bounceback will be. I suppose the good news is that we may not get a Fifth Circuit ruling till the end of the session or close to it, so there may not be an opportunity for the revanchists to act. Who knows, maybe by 2017 their fire will have cooled a bit. I wouldn’t want to count on that, but crazier things have happened.

Is this the end of the two-car household?

From Streetsblog:

While predicting continued global growth in car sales as countries like India and China become more affluent, KPMG’s recent white paper about trends affecting the car industry [PDF] sees different forces at work in the United States.

In the U.S., says KPMG, car sharing companies like Zipcar, on-demand car services like Uber, and even bike-share will eat away at the percentage of households owning multiple vehicles, especially in major cities. Today, 57 percent of American households have two or more vehicles. KPMG’s Gary Silberg told CNBC that the share of two-car households could decrease to 43 percent by 2040.

In this scenario, KPMG predicts that the rise of “mobility services” will displace car ownership by providing similar mobility but without the fixed costs. The typical new car now costs $31,000 but sits idle 95 percent of the time. Given other options, Silberg told CNBC, many Americans will be happy to avoid that burden.

Other contributing factors flagged by KPMG include increasing urbanization, telecommuting, changing travel preferences among younger generations, and growing traffic congestion in big metro areas.

I’m a little surprised that driverless cars aren’t mentioned here, since that observation about vehicle idle time and its implications for vehicle and ride sharing is a common feature of stories about driverless cars. Make of that what you will.

The Highwayman, who shared that Streetsblog link, looks at this from the local angle.

Some of the services mentioned are already up and running in Houston, and expanding their footprint rapidly. ZipCar is downtown and spreading to other areas, and Uber has stuck around as Houston enacted new laws governing paid rides. In fact, after sort of anchoring its operations within Loop 610, Uber has expanded its footprint (the Uberprint? Ubersphere?) to suburban communities. Wednesday morning, Uber vehicles were available in Katy, Cypress and Tomball (I would have looked at more suburbs, but I got scared they were tracking me and closed the app and considered burning my smartphone).

Still, a lot of Houston isn’t exactly built for just walking down the block and grabbing a ZipCar or hoping an Uber is nearby. Huge swaths of the region are residential, and workers can commute for miles. Many two-income families might hang onto cars. It’s more likely that those living closer in will be less inclined to maintain a two-car household. In the suburbs, not exactly ripe for ridesharing, the change might be in households going from four vehicles to two rather than from two to one.

One possible implication of this KPMG report is that it may lead to greater demand for housing that is closer to employment, retail, and entertainment centers, which today would mean more urban-centric housing, though going forward this may include a good chunk of the more mature suburban areas, as many of them are trying to create urban-like centers within them. I’ve made this point myself in talking about the possible benefits of services like Uber. One reason why far-flung suburban development has been popular is because the cheaper housing more than offsets the larger expenditures needed on transportation. The greater the potential savings on transportation costs, the more attractive closer-in living will be. There are a ton of variables here, so making anything but the vaguest of predictions is dicey business, but this is something to keep in mind. Cities like Houston that are concerned about losing population (and with it political power) to their surrounding suburbs ought to see about doing what they can to facilitate transportation alternatives that allow people to get away from the one-car-per-adult model for living.

Saturday video break: El Matador

Let’s get folky, shall we? When you think folk music, you’ll probably think about the Kingston Trio sooner or later.

Of course, the Trio themselves didn’t consider themselves to be folkies, though they obviously had a huge effect on the popularity and viability of folk music. For a more modern performance, here’s Los Fabuloso Cadillacs:

You know, I’m honestly not sure if that’s the same song or just a song with the same name. But what the heck, it’s worth featuring anyway.

Re-deputizing registrars

Did you undergo the training to become a deputy voter registrar this year, perhaps at the urging of Battleground Texas? Well, you’re going to have to do it again if you want to register people for 2015 and/or 2016.

Still the only voter ID anyone should need

Still the only voter ID anyone should need

A decades-old part of Texas’ election code is receiving new attention as Democrats look to chart a path forward and maintain their ranks of volunteers qualified to register voters.

Perhaps no organization is expected to feel the effect more than Battleground Texas, whose thousands of deputy voter registrars will lose their certification Dec. 31, and will have to go through training before they can earn it back in the new year.

“This is wildly burdensome,” said Mimi Marziani, voter protection director at Battleground Texas. “The only logical explanation is that all of those things are aimed at the same goal, which is making it much harder to vote.”

Under state election law, deputy volunteer registrars serve two-year terms that expire at the end of even-numbered years. While the provision has been on the books since the 1980s, Democrats predict this year will bring its most far-reaching consequences yet because the number of deputy volunteer registrars has ballooned in just two years.

Activists cite a trio of bills passed in 2011 that toughened the provision. The new laws narrowed the qualifications to be a registrar, made it a crime for registrars to be compensated on the basis of how many voters they sign up, and ordered the secretary of state’s office to set up a training program for registrars.

Activists especially are frustrated with the training requirement, which they say is yet another impediment to building a stable community of registrars. It is one more hurdle the Democrats say they must overcome if they want to bounce back from their worse-than-expected losses in November.

State Rep. Jim Murphy, R-Houston, sponsored House Bill 1570, which requires training for volunteer deputy registrars. He said the legislation may set up another hurdle for groups like Battleground Texas, but it is worth ensuring the registrars know what they are doing.

“It takes away the defense of ‘I didn’t know I couldn’t do that,'” Murphy said. “Clearly, I would agree it’s additional work, but so is having insurance for your house if it burns down.”

In a statement, Battleground Texas spokeswoman Erica Sackin said the group’s volunteers already are signing up to get re-deputized in 2015. Texas’ tough election laws “may have kept away other voter registration organizations, but they can’t stop our volunteers,” Sackin added.

For what it’s worth, I’m a fire warden at my office. I’m officially certified in high-rise fire safety. That means I attended a training session given by a Houston Fire Department captain, along with a couple hundred other people, and I passed an online test related to this training. That certification was good for five years, and as that five years expired a few months ago, I had to take an online review and re-pass the test. I didn’t have to undergo the four hour, in-person training class, I just had to demonstrate via this online test that I still knew what I was supposed to do. It’s not like anything has changed with the procedures in the interim, though I presume that if something had changed the building operations folks with whom we interact would have let us know about it, and it would have been reflected in the recertification test.

My point is that if this sort of process is good enough to be a city of Houston fire warden, it ought to be good enough to be a deputy vote registrar. I doubt anything has changed in how one goes about registering voters this year, and I’m sure local election admins have better things to do that to retrain a bunch of folks who already know the material. Sure, registrars should kow what they’re doing and what is required of them, but an online certification test would accomplish that, at a lower cost and with less inconvenience for all than making everyone trudge down to an office to be lectured at. You tell me what the purpose of all that is. A statement from Battleground Texas is beneath the fold.

(more…)

ERCOT acknowledges that meeting EPA clean air requirements won’t be that big a deal

From Texas Clean Air Matters:

ERCOT

Well, it didn’t take long before the Electric Reliability Council of Texas (ERCOT) released, at the request of Texas’ very political Public Utilities Commission, another report about the impacts of the Environmental Protection Agency’s (EPA’s) rules designed to protect public health.

This time ERCOT, which manages 90 percent of Texas’ electric grid, looked at the impact of seven EPA clean air safeguards on the electric grid, including the Cross State Air Pollution Rule (CSAPR), the Mercury Air Toxics Standard (MATS), the Regional Haze program (all of which go back before the Obama administration), the proposed Clean Power Plan, which would set the first-ever national limits on carbon pollution from existing power plants, and others. What was surprising to learn, though, is that after power companies in the state start complying with EPA’s other clean air protections, the proposed Clean Power Plan poses a minimal incremental impact to the power grid. We would only have to cut 200 megawatts of coal-fired generation, which equates to less than one coal-fired power plant.

For as much doom-and-gloom we heard last month in ERCOT’s report about the Clean Power Plan, they certainly seem to be singing a different tune this go-around. The new report shows that Texas can go a long way toward complying with the Clean Power Plan by meeting other clean air safeguards, for which Texas power companies have had years to prepare.

Very soon power companies in Texas will install control technologies to reduce multiple – not just one – pollutants, thereby making compliance with EPA’s subsequent regulations easier and more cost-effective. In the end, Texas will only need to take a minimal amount of additional aging coal plants offline by 2029.

Plus, other energy resources, like energy efficiency, rooftop solar, and demand response (which pays people to conserve energy when the electric grid is stressed) are gaining ground every day in Texas. They have proven to be vital resources on the power grid that help reduce electricity costs for Texas homes and businesses.

Energy efficiency, in particular, provides significant reductions in power plant emissions, including carbon dioxide, sulfur dioxide, and ozone-forming pollutants, and has a four-to-one payback on investment. This is the type of performance worth investing in.

See here for the background, and click over to read the rest. In addition to what the EDF says above, complying with the new regulations would also save a ton of water, which is a pretty big deal in and of itself. So let’s have less whining – and fewer lawsuits – and get on with the compliance. It’s a win all around.

Speed limits and pedestrian fatalities

Here’s a topic that won’t be the least bit controversial, I’m sure.

The New York City Vision Zero goal is simple and precise: to end traffic deaths and injuries on city streets. This is not a mere sound bite in New York City. Mayor Bill de Blasio launched his Vision Zero initiative before he took office and is moving the transportation safety work started by his predecessors, Mayor Michael Bloomberg and Transportation Commissioner Janette Sadik-Kahn.

Polly Trottenberg, the current New York City Transportation Commissioner, was an opening speaker at the inaugural Vision Zero for Cities Symposium in mid-November where she restated her commitment to safety for all transportation modes, including walking and cycling.

The symposium, organized by Transportation Alternatives, brought together 300 government and non-government participants from dozens of cities across the U.S. and the world. Transportation Alternatives is a grassroots organization that has worked for decades to improve cycling and walking safety in New York City. It reached a major milestone in 2013 when the city adopted the Vision Zero Action Plan. The 10-year plan sets a high bar through better street design and changing road user behavior. The details are as complex and comprehensive as you might expect for a plan that will create sweeping cultural and engineering changes to the nation’s largest city, but it is built on two fundamental principles: Reduce the chance of collisions and reduce injury by reducing speed.

The myths about New York City transportation safety defy the facts. A popular myth is that New York streets are dangerous, but the fact is their streets are far safer than San Antonio’s streets. In 2012, there were 268 deaths from traffic violence in New York City. Of those, 127 pedestrians and cyclists were killed. During the same period, San Antonio traffic fatalities per capita were 297% that of New York City, and pedestrian/cyclist fatalities per capita were 176% greater that of New York City, according to 2012 National Highway Traffic Safety Administration numbers.

New York City outperforms San Antonio, and almost every other city in the nation, in traffic safety. Yet, the overwhelming majority of New Yorkers share San Antonio’s culture of indifference to traffic deaths. However, a growing group of transportation safety activists throughout New York City steadily chipped away at that indifference and in the past 24 months made powerful breakthroughs. First was the adoption of Vision Zero, followed by establishment of Families for Safe Streets. Families for Safe Streets is a coalition of families who lost a child, parent, or spouse in a pedestrian or cycling collision with an automobile. Families for Safe Streets was a powerful, watershed organization, but one that no one wants membership in.

The establishment of Families for Safe Streets was a pivotal step. Their tragic stories, their conviction to ending this culture of indifference compelled the state legislature to pass a bill permitting New York City to set a city-wide default 25-mph speed limit. The Metropolitan Taxicab Board of Trade, a taxi trade association, has joined as partners. Major arterials are being converted to 25-mph speed zones. Streets and intersections throughout the city are being redesigned to reduce chaos, instill discipline, and convert automobile lanes to dedicated cycling and pedestrian uses.

It’s the citywide 25 MPH speed limit that I’m sure will give everyone reading this heartburn. Author Kevin Barton discussed that topic in an earlier post in which he notes that on military bases, in San Antonio and around the country, where speed limits in housing areas are 20 MPH and more rigorously enforced, there are essentially zero traffic fatalities. This Wired article goes into some detail:

“I’d estimate that a person is about 74 percent more likely to be killed if they’re struck by vehicles traveling at 30 mph than at 25 mph,” says Brian Tefft, a researcher with the AAA Foundation for Traffic Safety who wrote a 2011 report on the subject. He looked at 549 vehicle-pedestrian accidents occurring across the US between 1994 and 1998, accounting for factors like vehicle size and pedestrian BMI. The risk of serious injury (defined as likely to result in long-term disability) for a pedestrian hit at 23 mph was about 25 percent. At 39 mph, it jumped to 75 percent. Analyzing his findings, Tefft says, “25 to 35 mph, they’re almost three times as likely to be killed.” 35 mph, he found, was the median impact speed for fatal pedestrian crashes.

A 2010 study in London had similar findings: “In all of the pedestrian datasets, the risk of fatality increases slowly until impact speeds of around 30 mph. Above this speed, risk increases rapidly – the increase is between 3.5 and 5.5 times from 30 mph to 40 mph,” the author, D.C. Richards, writes.

So why doesn’t a 20 percent change in speed just mean a 20 percent change in serious injuries? There are lots of variables at work here (is the car an Escalade or a Fiat? is it a direct hit or a side swipe?), but, it turns out, the 30 mph mark is something of a limit for what our bodies can live through. Above that speed, organs and the skull aren’t necessarily strong enough to withstand the kinetic impact of a bumper and windshield.

“It has to do with fracture forces,” says Dr. Peter Orner, a licensed physician and former engineering professor who consults on injury biomechanics in car crashes. “As velocity increases, you’re crossing thresholds.” Though he’s skeptical of the comprehensiveness of studies like Tefft’s, Orner also says that at higher speeds, “the car is going to scoop them up.” And when you’re talking about cars, what gets scooped up is usually smacked against a windshield or thrown onto the ground. That can easily lead to brain trauma.

This Smart Growth America report on how dangerous various cities are for pedestrians tells us that for the period of 2003 through 2012, there were 1,073 pedestrian fatalities in the Houston-Baytown-Sugar Land MSA. Granting that that’s a large population, it’s still a lot of dead people, and that doesn’t include bicyclists and passengers or drivers of motor vehicles. I feel reasonably sure if you put all that together the total would exceed the equivalent tally for homicides, yet somehow it gets much, much less attention. Lower speed limits in residential areas, combined with tighter enforcement, could have a large effect on that, and I say this as someone whose driving habits would most definitely be affected. It’s a subject that deserves some discussion. Here’s some further information about Vision Zero in New York, and an assessment of how the first year of it has gone. What do you think?

Friday random ten: That was the year that was

The Texas Tribune does a weekly feature in which they sum up the preceding week as a Spotify playlist. Here’s my attempt to sum up some of the big news stories of this year using tunes from my library.

1. Funny Cigarette – Asylum Street Spankers.
2. American Land – Bruce Springsteen
3. There Is Power In A Union – Billy Bragg
4. Waterloo – ABBA
5. Hot In Herre – OK Go
6. Crazy – Patsy Cline
7. We Shall Overcome – The SNCC Freedom Singers
8. Why Can’t We Be Friends? – War
9. C-U-B-A – Austin Lounge Lizards
10. Shake It Off – Taylor Swift

Some of these are self-explanatory. “American Land” is a song about immigrants. I could have used “Teenage Immigrant Welfare Mothers On Drugs” by the Austin Lounge Lizards but as you know I prefer not to repeat artists. “Waterloo” is in honor of a certain charismatic Russian despot with a predilection for shirtlessness and bear-based analogies. I wonder how you say “Waterloo” in Ukrainian? “Shake It Off” is both a post-election admonishment and a reminder that this is Taylor Swift’s world and we are mere inhabitants. What’s your musical summary for the year?

A Denton fracking overview

The Trib has a long piece on the Denton fracking fight, also published in Politico to help non-Texans understand what this was about. It’s a good read that goes over all the main points if you need a refresher on the details. There are two bits of interest I’d like to highlight:

Cathy McMullen taps the brakes of her Toyota Prius after driving through a neighborhood of mostly one-story homes in Denton, about an hour northwest of Dallas. “There,” she says, nodding toward a limestone wall shielding from view a pad of gas wells. McMullen, a 56-year-old ­­­­home health nurse, cruised past a stretch of yellowed grass and weeds. “They could have put that pad site on that far corner right there,” she says, pointing ahead. “The land’s all vacant.”

Instead, the wells sit on the corner of Bonnie Brae and Scripture Street. Across the way: Texas Health Presbyterian Hospital. Across another street: the basketball court, picnic tables and purple playground of McKenna Park. That was where Range Resources, a company based in Fort Worth, wanted to start drilling and fracking in 2009.

McMullen, who at that time had just moved into a house about 1,500 feet away from the proposed site, joined others in raising concerns about bringing the gas industry and hydraulic fracturing — widely known as fracking — so close to where kids play. Fracking, which involves blasting apart underground rock with millions of gallons of chemical-laced water to free up oil and gas, “is a brutal, brutal process for people living around it,” McMullen says.

Their efforts in city hall failed.

If McMullen felt invisible five years ago, she doesn’t anymore. Today, state lawmakers, the oil and gas industry and national environmental groups have become acutely aware of Denton, home to two universities, 277 gas wells and now, thanks to a rag-tag group of local activists, Texas’ first ban on fracking.

Thrust into the saga is George P. Bush, who in January will take the helm of the Texas General Land Office, an otherwise obscure office that manages mineral rights on millions of acres of state-owned property. In his first political office, Jeb’s eldest son and George W.’s nephew will inherit one of two major lawsuits filed against Denton, home to a sliver of that mineral portfolio.

We don’t need a patchwork approach to drilling regulations across the state,” Bush, a former energy investment consultant, told The Texas Tribune in July as the anti-fracking campaign gained steam. It appears to be his only public statement on the issue.

Bush’s role in the dispute — however peripheral — only brightens the spotlight on Denton, and it forces him and others to choose between two interests Texans hold dear: petroleum and local control.

I’m sorry, but the idea that “local control” is a dearly-held ideal, especially by Republicans, is a complete myth. Just look at the myriad bills Republican legislators have introduced in recent sessions and/or will introduce this session to limit or eliminate the ability of cities to pass and enforce anti-discrimination ordinances and to regulate a wide variety of things, from fracking to single use plastic bags to payday lending. Throw in other top legislative priorities to require cities to enforce federal immigration laws and to limit their revenue growth via tighter appraisal caps on top of that. As I said before, Republicans are at least as interested nowadays in nullifying municipal laws as they are of nullifying federal laws. Whatever fealty there is to the idea of “local control” has long gone out the window any time some local entity has tried to do something state Republicans – or more specifically, their corporate masters – don’t like. It’s time we recognized that.

McMullen’s group — Frack Free Denton — persuaded nearly 59 percent of Denton voters to approve a fracking ban on Nov. 4, after knocking on doors, staging puppet shows and performing song-and-dance numbers. The movement had help from Earthworks, a national environmental group, but its opponents — backed by the oil and gas lobby — raised more than $700,000 to spend on mailers and television ads and a high-profile public relations and polling firm. That was more than 10 times what Frack Free Denton collected.

[…]

Trying to make sense of the Nov. 4 landslide vote, some industry officials suggest that the voting power of Denton’s roughly 51,000 university students effectively drowned out the town’s permanent residents. The gowns, the argument goes, drove the town. “If we’re looking at Denton and trying to glean some sort of national significance out of this,” says Steve Everley, the national spokesman for Energy In-Depth, which promotes the petroleum industry, “then the significance is that activists are having success in college towns and in populations with few if any wells.”

But Denton’s voting records cast doubt on that argument. It’s not clear that college students turned out in high enough numbers to single-handedly tilt the vote. Voters closer to campuses overwhelmingly supported the ban, as well as Democrat Wendy Davis in the race for governor. But plenty of conservatives also rejected fracking. Both Republican Greg Abbott, who ultimately defeated Davis, and the ban prevailed in 11 of Denton’s biggest 33 precincts. Roughly 25,000 votes were cast in the fracking question and those opposed to fracking outpaced supporters by some 4,400 votes. Denton would have still passed the measure by 412 votes even if voters younger than 30 were disregarded. Voting data also shows that the average age of a voter was 52.

I’ve mentioned before that Democratic turnout in Denton was helped by the referendum, and that’s good, but it could and should have been better. I wonder how many people in Denton voted for the fracking ban and also voted for Ryan Sitton for Railroad Commissioner and George P. Bush for Land Commissioner, perhaps without realizing that by doing so they were partially undermining their own vote. Some of that was probably force of habit – partisan affiliation is strong – some of it was probably just not making the connection. I’m sure there were missed opportunities for Dems to work with the anti-fracking folks to help make that connection. Of course, that can be a dicey proposition when you need Republican support to win and thus need for your effort to appear as non-partisan as possible so as not to turn any of those folks off, and besides I’m sure it would have been difficult to get that message through when the city is already drowning in pro- and anti-fracking ads. I don’t have a good answer here, I’m just saying this is the sort of thing we need to be thinking about.

Montgomery County really wants an I-45 option for the high speed rail line

They’re not fooling around.

Montgomery County commissioners have unanimously adopted a strongly worded resolution criticizing any effort to run a high-speed train between Houston and Dallas through the western side of the fast-growing county.

Instead, commissioners believe the right track for such a bullet train to take would be down the Interstate 45 corridor, where road congestion is steadily worsening. The Woodlands Township wrote a letter a few weeks earlier expressing the same sentiment.

“There was support for the I-45 corridor and we thought this was initially where they planned to put it. It was to possibly make stops in Conroe or The Woodlands. The discarding of this route was a real slap in the face,” Montgomery County Judge Alan Sadler said after commissioners met Monday. “There is no upside for the new route that goes through the county’s west side. It will just disrupt a lot of people’s lives in the part of the county with the highest potential for development.”

Commissioner Craig Doyal echoed that sentiment. “I think high-speed rail is a good idea. But with no planned stops here, all this proposed route will do is divide the county.”

[…]

One problem with the I-45 corridor is that it has several entrances and exits for food establishments, hotels and other businesses that would have to be navigated, while the utility corridor has none and the BNSF route has only a few, officials said. Also, curves along the I-45 corridor would have to be straightened to accommodate a train speeding down a track at 200 mph, which could prove costly.

In objecting to the BNSF route, county commissioners complained in their resolution that it could force the closure or rerouting of local roads, block access to private properties and increase commuter drive times. Emergency vehicles also could lose critical time if forced to travel longer distances, and such a high-speed train could be hazardous because it requires 8.5 miles to come to a complete stop.

“Listening to the whizzing vibrations every 15 minutes would also be annoying,” the resolution stated.

But possibly the most important issue – though not mentioned in the resolution – is that Montgomery County will gain nothing but inconvenience from this train crossing its territory.

See here and here for the background. Certainly having the high speed rail line pass through the Woodlands would at least allow for the option of a station there that would surely draw a lot of business. The problem is that building something like a high speed rail line through an established and growing area like that is far more complicated, and ultimately expensive, than building it in more out of the way areas. That has its own problems, one of them being that one of the preferred alternate routes also goes through Montgomery County, and the powers that be there are doing what they can to put up obstacles for that. The other preferred route avoids Montgomery altogether, but there are issues with that as well. There are no problem-free solutions, is what I’m saying.

Really, this is another illustration of the fact that the best time to build a major piece of infrastructure is always in the past. Think how much easier it would have been to construct the light rail system Houston approved in 2003 if we had gotten started on it back in 1991, when we were debating a monorail system. We can’t go back in time, but my point is that if we don’t move forward on stuff like this now, it won’t get any easier to do twenty or thirty years down the line. I don’t know what the right answer is, but if the most expedient choice from a political perspective is the I-45 corridor, then the question becomes how to make that financially feasible. Maybe at some point this private enterprise needs to have a public component to it as well. Like I said, I don’t know what the right answer is. I just know that it doesn’t get any easier from here, and if we miss this chance we may never get another one.

Working for progress on LGBT issues

I’m always a little wary when I see a phrase like “chipping away” in a story about LGBT issues, but in this case it refers to obstacles, not hard-won victories, so it’s OK.

RedEquality

The rights and interests of homosexual Texans will be in the spotlight like never before next year, as the state’s same-sex marriage ban gets a long-awaited hearing in federal court and lawmakers take up a slate of bills that address everything from employment and insurance discrimination to local equal rights ordinances.

“In Texas, it’s very difficult with the makeup of the Legislature to pass anything,” said Rep. Garnet Coleman, D-Houston. “But it’s called chipping away – keep bringing the issue – until one day it passes.”

[…]

Daniel Williams, of Equality Texas, said he believes there is a “realistic opportunity” to pass legislation allowing both same-sex partners to be listed on birth certificates, and to remove a provision in state law that criminalizes sexual relationships between some same-sex teenagers.

Other bills have been filed to prohibit discrimination based on sexual orientation and gender identity in public school sex education classes, and for insurance companies and state contractors. Two bills, by [Sen. Jose] Rodriguez and his El Paso colleague Joe Moody, are seeking to remove from state law books an unconstitutional, unenforceable statute that criminalizes sodomy.

Williams also is interested to see whether Gov.-elect Greg Abbott will break with his predecessor by pushing state compliance with federal mandates to reduce the prison rape rate – which disproportionately impacts gay and transgender inmates – and whether more municipalities follow San Antonio, Houston and Plano’s lead in passing non-discrimination ordinances.

Don’t forget about Plano, too. There’s a reason all those hateful pastors are freaking out about this – they know they’re losing. Bills have been filed by Rep. Coleman and others to repeal Texas’ ban on same-sex marriage and to fix the birth certificate problem as noted, and there’s a broader organization being formed to help press the case in Austin. That’s all good and necessary and I have some hope as well, but I suspect that once all is said and done simply not losing ground will be seen as a win with this Legislature.

As for Sen. Donna Campbell’s effort to supersede local efforts by filing a resolution that would block any local rule or state law that infringes on “an individual’s or religious organization’s … sincerely held religious belief,” advocates think the business community will come out against it as they did against similar legislation in Arizona.

“Yes, you can talk about taking power away from those local leaders, but there’s going to be a lot of pushback from the local elected officials and their constituents,” said Jeff Davis, chairman of the Texas chapter of the Log Cabin Republicans, a national group made up of gay members of the GOP and their allies. He said Campbell’s resolution likely would generate “a lot of talk,” but he believes the effort “isn’t going to move completely forward.”

Meanwhile, religious leaders waging a legal battle against Houston’s non-discrimination ordinance are banking on the increasingly-conservative Legislature to support their efforts. While they await a 2015 court date to determine whether enough signatures were gathered to force a local referendum on the Houston ordinance, they have turned their eyes to Plano, which passed a similar ordinance earlier this month.

“These ordinances are solutions looking for a problem,” said David Welch, director of the Houston-based Texas Pastors Council, which filed a petition against the Plano ordinance this week. “It is a special interest group representing a tiny fraction of the population using the power of law to impose their lifestyle and punish those that disagree with them.”

He said the council will continue to work with lawmakers on legislation that could undo these ordinances at the state level, as well as reaffirm current law that enshrines marriage as between one man and one woman.

It would be nice if the business lobby puts some pressure on to kill not just Campbell’s bill but all of the pro-discrimination bills that Campbell and others are filing, but don’t expect me to have any faith in their efforts. At least as far as constitutional amendments go, there are enough Democrats to keep them off the ballot, barring any shenanigans or betrayals. It would be nice to think that Republicans can play a key role in preserving existing protections, if not expanding them, but there’s no evidence to support that idea at this time with this Legislature. We need to win more elections, that’s all there is to it. Let’s make it through this session unscathed and get started working on that part of it ASAP. BOR has more.

Tesla brings the lobbyists

Nothin’ but good times ahead if you’re a Republican-connected lobbyist, thanks to Tesla and the auto dealers.

Locked in a brawl with auto dealers, Tesla Motors CEO Elon Musk is unleashing some of the most powerful lobbyists and consultants in the state to persuade lawmakers to make it easier for his company to sell electric cars in Texas.

Ahead of the legislative session, Musk has assembled an all-star team of politically well connected forces at the Capitol – almost all entrenched with top Republican leaders – to lay the groundwork for a full Tesla blitz come January.

Musk, the California billionaire who also heads the rocket company SpaceX, is pressing the Legislature to allow Tesla to bypass traditional dealerships and sell cars in Texas through its stores.

An attempt failed last session, as Tesla was squashed by a network of state auto dealers and their own team of well-connected hired guns.

This time, according to lawmakers and lobbyists, Musk has revved up the Tesla influence machine to make sure he doesn’t lose again in Texas.

“Tesla is going to move in force to bring significant resources to this debate this session,” said state Rep. Jason Villalba, a Dallas Republican who last session supported the electric-auto maker’s push. “You’re going to see a lot of pressure on these young new members in the Legislature, a lot of movement on the floor and the backrooms to get people convinced this a good deal for Texas.”

Playing the influence game at the Texas Capitol is nothing new for Musk, who employed a team of lobbyists last session and parachuted into Austin on two occasions to personally push for legislation to help SpaceX and Tesla.

He is set to hit Texas again next month – two days after the legislative session starts – to headline a state transportation forum.

But this time, he’ll be coming back to Texas just months after disappointing state officials with a decision to pass up on the Lone Star State for Tesla’s $5 billion lithium-ion battery plant in favor of Nevada.

And the company’s opponents know it.

“They tried to use the giga­factory as leverage to get their foot in the door, but the gigafactory was never coming to Texas,” said Bill Wolters, president of the Texas Automobile Dealers Association. “I can’t imagine what kind of tale they can spin.”

See here for the background. I’ve compared Tesla’s efforts to those of the microbreweries, but this is where the analogy breaks down, since they never had a phalanx of gold-plated lobbyists at their disposal. Anyone in the vicinity of the Capitol next spring ought to keep an eye out on the sidewalk as you walk around – you may see stray $100 bills lying around. We’ll see whose lobbyists are mightier. PDiddie has more.

My annual salute to Mel Torme

Every year on Christmas Day, I link to my favorite Christmas story, which stars Mel Torme (a more recent posting of it is here). Apparently, this story is so popular now that it gets ripped off a lot, which sure seems to be contrary to the Christmas spirit if you ask me. But let’s not worry about such things this morning. Merry Christmas to you and yours. May your days be merry and bright, and may the new year bring you all the joy you can handle.

Wednesday video break: A visit from St. Nicholas

Still my favorite rendition of this classic poem:

And now I’ve got to dash away as well. Merry Christmas to all, and I’ll see you on the flip side.

How much do payday lenders suck?

This much.

paydayloanssized-712x475

Pursuing, or even threatening, criminal charges against payday and title borrowers is strictly prohibited by Texas law, with very few exceptions. The Texas Constitution unequivocally states, “No person shall ever be imprisoned for debt.”

But new research released this morning by Texas Appleseed shows that criminal charges against payday borrowers for missing payments is common in Texas. Texas Appleseed documents more than 1,500 criminal complaints of bad check and theft by check allegations filed by payday loan companies in Texas between 2012 and the spring of this year. Many of them resulted in fines, arrest warrants and even jail time.

The research builds on reporting by the Observer published in July 2013, which found 1,700 instances in which payday lenders in Texas have filed criminal complaints against customers. The Observer story prompted an ongoing investigation by the state Office of Consumer Credit Commissioner, which regulates the industry in Texas, into one payday loan business, Cash Biz. It also led regulators to issue an advisory bulletin to lenders warning them to stop pursuing criminal charges against their customers.

Texas Appleseed found 13 different payday loan companies pursuing criminal charges in eight different counties, including Travis, Dallas, Harris and Collin. Texas Appleseed filed a complaint today with the federal Consumer Financial Protection Bureau, the Federal Trade Commission, the Texas Attorney General’s Office and the state Office of Consumer Credit Commissioner. The complaint letter, which includes 700 pages of supporting documentation calls for state and federal authorities to launch an investigation and take enforcement action against lenders abusing the law and their customers.

“In addition to their outrageous rates and lending practices, payday loan businesses are illegally using the criminal justice system to coerce repayment form borrowers,” said Ann Baddour of Texas Appleseed. “This directly contravenes state and federal law, which eliminated debtor’s prisons long ago.”

In one justice of the peace court in Harris County, the group found that arrest warrants were issued in more than 42 percent of the cases and at least six people served jail time. In Collin County, there were 740 documented criminal cases against payday borrowers—636 from a single lender, PLS Loan Store—and $132,000 collected from borrowers.

Go read the whole thing, and read that Observer story from last year that I managed to overlook at the time. I don’t know about you, but I don’t want my county’s law enforcement apparatus acting as a debt collector for private companies. Here’s the Texas Appleseed press release and the complaint they filed, which lists all the offenders. Consider this your pre-session reminder of why we need state regulation of these shysters. I don’t know what any of the offices that received these complaints can do about it, but I would suggest that boiling them in their own pudding and burying them with a stake of holly through their heart would be poetically just, if perhaps not quite constitutional.

Krampuslauf

Now this is what I call going old school for Christmas.

Long before parents relied on the powers of Santa Claus to monitor their children’s behavior, their counterparts in Alpine villages called on a shaggy-furred, horned creature with a fistful of bound twigs to send the message that they had better watch out.

Tom Bierbaumer recalls the trepidation he felt every Dec. 6, when the clanging of oversize cowbells signaled the arrival of the Krampus, a devilish mountain goblin who serves as an evil counterpart to the good St. Nick. He would think back over his misdeeds of past months — the days he had refused to clear the supper table, left his homework unfinished or pulled a girl’s hair.

“When you are a child, you know what you have done wrong the whole year,” said Mr. Bierbaumer, who grew up in the Bavarian Alps and now heads a Munich-based club, the Sparifankerl Pass — Bavarian dialect for “Devil’s Group” — devoted to keeping the Krampus tradition alive. “When the Krampus comes to your house, and you are a child, you are really worried about getting a hit from his switch.”

Besides visiting homes with St. Nicholas, the Krampus has for centuries run through village and town centers spreading pre-Christmas fear and chasing away evil spirits. That tradition dwindled across much of Bavaria during the 1960s and ’70s, as postmodern society moved away from its rural past.

But with cultural homogenization spreading across an increasingly unified Europe, a new generation is bringing back the customs that defined their childhoods, and those of their parents and grandparents.

A decade ago, Mr. Bierbaumer, 46, persuaded Munich authorities to stage an old-fashioned Krampuslauf: a spectacle in which the fearsome seasonal beasts run through rows of adorned wooden huts at the Bavarian capital’s oldest holiday market. He saw it as a way to ensure that future generations would share his childhood ritual, which takes place between late November and Dec. 23. At that point, similar beasts, known as Perchta, take over the fun until Epiphany.

The Munich Krampuslauf celebrates the history of the custom, including the artistry of the hand-carved, hand-painted masks. Advocates of the ritual say reviving it is important because American Christmas customs, which they see as more commercialized, have made their way into the German holiday.

Only old-fashioned Krampus, mixed with their cousins, the Perchta, are allowed to participate in the Munich runs, held on the second and third Sundays before Christmas. To join the run, they must be dressed in wooden masks with horns and goat or sheep pelts, and carry bells and switches — though only for show.

Upholding the seasonal ritual is of “absolute importance,” said Günter Tschinder from Lavanttal in Austria’s Carinthia region.

“This is a tradition that our great-grandparents were already doing that must be handed down to the next generation,” said Mr. Tschinder, a member of the Höfleiner Moorteufel from Carinthia, one of 27 groups that participated in Munich this year. “But properly handed down, as it was 40, 50, 60 years ago, not with a lot of commercialization, like from Hollywood films.”

This just makes me happy. Also, “Old Fashioned Krampus and The Perchtas” will be the name of my Scorpions tribute band. Merry Christmas, everybody.

Texas blog roundup for the week of December 22

The Texas Progressive Alliance hopes that all your days are merry and bright as they bring you this week’s holiday roundup.

(more…)

Perry sets HD13 special election date

For all the writing I’ve done about the various legislative special elections, I’d almost forgotten that this one was still out there.

Sen. Lois Kolkhorst

Just hours after Lois Kolkhorst was sworn in as the newest state senator Monday, Gov. Rick Perry called a Jan. 13 special election to fill the Brenham Republican’s former seat in the Texas House.

At least three Republicans have already launched bids for House District 13: Austin County Judge Carolyn Bilski, Caldwell attorney Leighton Schubert and Becky Berger, a member of the Republican State Executive Committee. All of them announced they were interested in the seat before Kolkhorst’s victory earlier this month in the special election to replace Katy Republican Glenn Hegar, the incoming comptroller.

[…]

Perry has given prospective candidates a week to file applications for the HD13 special election with the secretary of state’s office. Early voting commences Jan. 5.

In other words, everything is exactly one week after the elections in HDs 17 and 123 and SD26. And as a reminder, if either Rep. Trey Martinez-Fischer or Rep. Jose Menendez wins in SD26 – an outcome that seems highly likely now that Sylvia Romo has dropped out of the race, having been found to not be a resident of the district – we will need one more special election before the session is over. Via the Secretary of State, here are the candidate lists for each race:

SD26

Trey Martinez Fischer
Democrat

Alma Perez Jackson
Republican

Jose Menendez
Democrat

Joan Pedrotti
Republican

Al Suarez
Democrat

HD123

Melissa Aguillon
Democrat

Diego Bernal
Democrat

Roger V. Gary
Libertarian

Paul Ingmundson
Green

Walter Martinez
Democrat

Nunzio Previtera
Republican

HD17

Shelley Cartier
Democrat

Linda Curtis
Independent

John Cyrier
Republican

Brent Golemon
Republican

Ty McDonald
Democrat

As for HD13, that election was set shortly after Kolkhorst was sworn in as the new Senator from District 18, which triggered the vacancy there. I’ll keep an eye out for other candidates, but as I noted before, it’s considerably less hospitable to a Democratic candidate than HD17 is, so the best we can hope for is a non-crazy Republican. I expect there to be some interesting endorsement action in these races, with such short turnarounds and big rewards for hitting the jackpot. We’ll see how that goes as well.

UPDATE: The Express News has more on the Bexar County elections, while the Trib adds some details and another name to the HD13 lineup:

Republican Austin County Judge Carolyn Bilski, 61, is playing the experience card, hoping her 20 years as a county judge and eight years as a city council member will give her a leg up. “I think the voters deserve someone who has done research and solved problems,” said Bilski, who listed education and infrastructure as high-priority issues.

Caldwell attorney Leighton Schubert, also a Republican, said he has worked for every level of government from federal to county. He said keeping Texas’ economy strong and fiscally conservative is his top priority, plus protecting private property rights. “Any issue starts with the economy,” Schubert said. “We got to help keep this economy moving — that helps from the top down.”

Becky Berger, Republican No. 3 and a geologist, has lost twice in Republican primary races for the Texas Railroad Commission.

Cecil Webster, a veteran who’s been active in Democratic politics in Fayette County for years, said restoring education funding would be one of his top priorities if he’s elected, and rejected the premise that the district is unwinnable for a Democrat. “I am convinced that if you look at the actual number of folks here, there are more blue folks then red folks,” Webster, 60, said. “Democrats just don’t vote.”

Good luck to you, sir. I can’t do the exact same calculations of the Democratic vote potential as I did in HD17 because Kolkhorst was unopposed in 2014 and 2012, but I can say there were 1,837 total Democratic primary votes in the 2014 Democratic primary in the seven counties that make up HD13, and 3,093 votes in the 2012 Dem primary. Bill White received 16,250 votes total in HD13 in 2010. Hope you can track those folks down for this race.

Villalba gets defensive about his pro-discrimination bill

I don’t know if Rep. Jason Villalba is willfully dense or just confused, but either way this is a big pile of BS.

RedEquality

State Rep. Jason Villalba (R-Dallas) remains adamant that a proposed constitutional amendment he filed earlier this month isn’t intended to undermine local ordinances prohibiting anti-LGBT discrimination.

But Villalba also continues to tout the fact that he received input in drafting the amendment from a lawmaker known for his anti-LGBT views and from the Liberty Institute, which is actively fighting a nondiscrimination ordinance in Plano.

Villalba has characterized his HJR 55 as a tamer version of SJR 10, a similar religious freedom amendment introduced in the Senate by Donna Campbell (R-New Braunfels).

And Villalba has objected to a “license to discriminate” label that was attached to his amendment in an Observer headline and in a fundraising appeal from Progress Texas, denying accusations that the measure is designed to undermine local nondiscrimination ordinances by allowing business owners to claim religious exemptions.

“Not true at all,” Villalba told Breitbart Texas for an article published Sunday. “That was not our intention at all. … I’m not trying to pander to the right, or to offend the LGBT community or to support discrimination.”

Villalba told Breitbart he supports the authority of local governments to pass LGBT-inclusive nondiscrimination ordinances, and said HJR 55 is instead designed to protect things like nativity scenes on government property.

But LGBT advocates continue to question Villalba’s motives—particularly since he unveiled HJR 55 on Facebook by posting an Empower Texans article slamming the Plano ordinance shortly after it passed. “We must stand athwart those who seek to eliminate every vestige of our religious heritage from the public square,” Villalba wrote. “Tomorrow, we fight back.”

On Monday morning, Villalba took to Facebook again to post the Breitbart article, writing above it: “Many of you have asked about what HJR 55 actually does. In essence, it protects the free exercise of religion in Texas. Here is an article that spells it out nicely. Special thanks to Matthew Krause and Liberty Institute for their help and insight in putting this together.”

Rep. Krause (R-Arlington) received the lowest score of any lawmaker on LGBT issues from Equality Texas following the 2013 session.

In response to a comment below his Facebook post Monday from this reporter, Villalba sent a chat message referencing Campbell’s resolution.

“Perhaps I should drop HJR 55 and let the alternative version pass,” Villalba wrote. “Is that what you would prefer?”

Asked whether he believes Campbell’s resolution, which has been defeated in three consecutive sessions, would pass in 2015, Villalba referenced an expected shift to the right in the Senate next year thanks to November election results.

“Have you not seen what just happened in the Senate?” Villalba wrote. “It [SJR 10] would easily pass.”

Asked whether he strategically introduced HJR 55 as a more moderate alternative to SJR 10, Villalba said: “My goal is to pass the best bill that advances the cause of religious liberty.”

See here for the background. It’s hard to know where to begin with all this. If there’s one thing I’ve learned in recent years, it’s that when someone who isn’t me says that something will affect them negatively, it’s best for me to at least hear and try to understand their reasons why they say that thing will harm them before I try to explain to them why they’re wrong to feel that way. Perhaps such an approach might benefit Rep. Villalba as well. As for his insistence that his HJR 55 is but a heroic attempt to head off the much worse SJR 10, it might be worthwhile for someone to explain to Rep. Villalba that if he were to vote against SJR 10, the odds are very good that it would not be able to pass out of the House, what with Democrats being in near-unanimous opposition plus the expected No from Rep. Sarah Davis. But really, a little more listening to the people who would be harmed and a little less listening to the people who would harm them would go a long way.

Fixing birth certificates

Trying again, with some hope for progress.

The Texas Legislature added a provision to the Health & Safety Code in 1997 requiring supplemental birth certificates issued to adoptive parents to contain the name of one female, the mother, and one male, the father.

According to the legislation’s author, former state Rep. Will Hartnett (R-Dallas), it was part of a renewed commitment to “conservative values.” But Hartnett acknowledged last year that the law should be revisited if it’s negatively impacting children.

On Wednesday, state Rep. Rafael Anchia (D-Dallas) [introduced] a bill for the fourth consecutive session that would remove gender requirements for adoptive parents on supplemental birth certificates. And for the first time, a companion to Anchia’s bill is expected to be introduced in the Senate later [Wednesday] by Sylvia Garcia (D-Houston).

Many judges in Texas routinely grant joint adoptions to same-sex couples, so the legislation wouldn’t create new parental rights. But not having accurate birth certificates causes problems when it comes to enrolling children in school, adding them to insurance policies, admitting them for medical care and obtaining passports.

Anchia, whose bill has never made it out of committee, said if it fails to do so in 2015, he plans to force a floor vote by offering it as an amendment, and he’s confident it will pass.

“I think if you asked every member of the Legislature, they would say they care about orphaned children, and if we can get them to understand that this bill is about children and not about who their parents are, then that should carry the day,” Anchia told the Observer this week. “There’s no doubt that this policy has cruel effects.”

According to Equality Texas, the birth certificate restriction is among the inequities facing the LGBT community that wouldn’t be solved by legalization of same-sex marriage—since it involves the relationship between a parent and a child, not between parents.

About 9,200 same-sex couples in Texas are raising children, according to Census estimates, but it’s unclear how many are adoptive parents.

Rep. Anchia’s bill is HB537, and his press release announcing it is here. Sen. Garcia’s companion bill is here – Sen. Jose Rodriguez appears to be a co-author – and her press release for it is here. I noted Rep. Anchia’s efforts from the last session. I have some hope that he’ll have more success this time, but I can’t say I have any faith. Speaking of faith, it sure would have been nice if all those people that had been pushing that “commitment” for a “renewal” of “conservative values” back in 1997 had stopped for a moment to consider the possibility that their actions might have real consequences for a bunch of people who had done nothing wrong and didn’t deserve the hardship they were about to face. Funny how that happens, isn’t it? Fixing this self-inflicted damage to birth certificates is one of many things that will remain on the “to do” list after marriage equality is finally the law of the land. The more we take care of now, the easier it will be later, and the better off many people will be.

Waller County pledges more transparency after landfill verdict

More transparency is good. Beyond that, we’ll see what happens.

StopHwy6Landfill

Incoming Waller County leaders are pledging more transparency in the wake of a jury’s verdict that sitting county commissioners illegally discussed a contentious landfill project in closed-door sessions and in private with the project’s developer.

“Transparency and open government were significant issues during the recent campaign,” said County Judge-elect Trey Duhon. “This jury verdict sends a statement that we must do a better job of operating our county government… Business as usual will no longer be tolerated in Waller County.”

Duhon was one of three landfill opponents elected to the commissioners court in November – elections that followed victories by two other landfill opponents in 2012, John Amsler and Jeron Barnett. Come January, landfill opponents will have a majority on the commissioners court.

While the outgoing county judge and commissioners maintained they had little choice but to agree to host the 250-acre landfill just outside the city of Hempstead, a county jury found after a three-week trial that the panel’s majority had violated the state’s Open Meetings Act and Public Information Act on multiple occasions.

Incoming commissioners say they plan not only to step up the fight against the landfill but to change the way that the county does business.

“It’s the dawn of a new era in Waller County,” Amsler said after Thursday’s civil verdict. “For many years, we’ve had a reputation of questionable politics. Now, we’ve turned the lights on in Waller County.”

[…]

Thursday’s verdict does not block the landfill, but nonetheless creates momentum for those opposed to the project, who fear it would hurt property values and pollute an aquifer that serves the Houston area.

Retired Judge Terry Flenniken is expected to rule on the jurisdictional question of the case on Jan. 21. He also could invalidate the 2013 ordinance based on the finding that commissioners met illegally.

Armed with the civil court’s ruling, landfill opponents, including incoming county leaders, also will seek to convince the Texas Commission on Environmental Quality to reverse its preliminary decision to issue a permit.

Brent Ryan, attorney for Pintail Landfill, a subsidiary of Georgia-based Green Group Holdings, said he is confident the project will move forward.

“We’re in full compliance with the law,” he said. “We’re used to seeing people who don’t want us to build a landfill. We’ve dealt with that before. What we’re not used to is the kind of vicious attacks on local officials that we’ve seen here, and who frankly made it clear from the beginning they would have stopped us if they could.”

Cry me a river, dude. Background on the story is here, here, and here. As I said up front, more transparency is always good, but if the TCEQ doesn’t agree to at least review their decision to grant a preliminary permit, it will be hard to be all that cheerful about it. That landfill is a bad idea even if everything had been done on the up and up. I hope this verdict gives its opponents the ammunition they need to make the TCEQ see that.

Overview of the Bexar County special legislative elections

From The Rivard Report:

Texas House District 123

Former District 1 City Councilmember Diego Bernal resigned his city seat in mid-November to launch his campaign for Villarreal’s former seat. His VoteDiego website offers voters his positions on a number of issues, ranging from education to civil rights.

Melissa Aguillon, a small business owner and the principal of Aguillon & Associates, a public relations and digital marketing firm, also is running. Her VoteAguillon website displays her digital media acumen, offering videos, her Twitter feed, Facebook feed, etc.

Former District 5 Councilmember Walter Martinez (1985-92) and the Texas House District 119 representative for a single term (1983-85) is making a run to regain elected office after a two-decade-plus hiatus that began with a failed bid to win a seat on Commissioners Court. Martinez apparently does not have a campaign website.

Republican candidate Nunzio Previtera, with Integrity Insurance Agency in San Antonio, jumped into the race this week. His campaign website lists his support for small business, job growth and his pro-life position.

Libertarian candidate Roger Gary, who apparently sought his party’s nomination for president in 2012, also is running. He does not have a campaign website.

Click here to see a map of District 123, which extends from the Southside through the central city and north in Castle Hills and part of the Northside.

Texas Senate District 26

This vacant seat has attracted two strong and respected state representatives among other candidates.

Disrtrict 116 state Rep. Trey Martinez Fisher and District 124 state Rep. José Menéndez are the two leading candidates for the seat.

Sylvia Romo, the former Bexar County tax assessor-collector who served two terms in the Texas House in the 190s and who lost a Democratic primary race against U.S. Rep Lloyd Doggett in 2012, is looking to regain elected office.

Converse Mayor Al Saurez also is running for the seat as a long shot contender.

Here is a great map of the districts and the early voting locations within them. Early voting runs from December 29 through January 3, with a day off on January 1. Election Day will be January 6. Assume turnout will be low, so if you live in HD123 and/or SD26, your vote really counts.

These elections are important, especially the one in SD26 since Senate seats don’t have that much turnover, but please don’t get sucked into a narrative about it being some kind of proxy battle for the soul of the Texas Democratic Party. This is a low-turnout special election for a vacancy that no one knew would exist less than two months ago. It’s also no longer a straight-up battle between a liberal State Rep and a somewhat less liberal State Rep thanks to the entry of a third major candidate. Listen to the candidates and support whoever you think is the best choice. Don’t give a thought to what the nattering nabobs (of which I am one) think. But if you do care what I think, I’d vote for Trey Martinez-Fischer in SD26, and Diego Bernal in HD123. All due respect to Jose Menendez and Sylvia Romo, both of whom I think would be fine Senators, but TMF is my first choice, as is Bernal for the House. Just make sure you get out there and vote, in these races or in HD17, if you live in one of these districts.

UPDATE: Sylvia Romo has dropped out of the race for SD26 after it turned out out that she didn’t live in the district.