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June, 2018:

The Lawrence decision, 15 years later

Time flies, but society moves slowly.

Theirs was an unlikely case.

John Lawrence and Tyron Garner weren’t in love, they weren’t a committed couple and it’s not clear that they were even having sex one September 1998 evening in Lawrence’s Houston apartment when a police officer burst in and arrested them for violating a Texas law that prohibited “deviate sexual intercourse with another individual of the same sex.” That law was rarely enforced, especially in homes — how often, after all, do police appear in private bedrooms? In the Lawrence case, officers entered in response to a false report of a weapons disturbance.

The factual details of that night are often called into question; Lawrence told one interviewer that he and Garner were seated some 15 feet apart when police arrived. But the two pleaded “no contest” to the sodomy charge, allowing them — and their team of advocate lawyers — to challenge the law itself.

Ultimately, they won, and it was their unlikely case that sparked a sweeping ruling from the nation’s highest court, one that overturned not just Texas’ ban on sodomy but 13 similar laws across the country.

That Supreme Court decision was June 26, 2003 — 15 years ago Tuesday. One law professor at the time said it “removed the reflexive assumption of gay people’s inferiority,” laying the legal groundwork for same-sex marriage. Without the immediate, presumptive criminal charge against LGBT people, new doors were opened — new jobs, new opportunities, new freedom in their skin.

The ruling “gave lesbian, bisexual and gay people back their dignity,” said Camilla Taylor, a Lambda Legal attorney who started with the legal advocacy group in 2003, just in time to watch her colleague, Paul Smith — a gay man himself — argue Lawrence before the Supreme Court.

“Everyone knew this case had the power to change the world. The court gave us everything we asked for and more — and went big, just as we demanded,” Taylor said.

Ten years later, June 26 became an even more important milestone for gay rights when the high court struck down the Defense of Marriage Act. And then, in 2015, the date again gained new significance with the ruling known as Obergefell that legalized same-sex marriage nationwide.

But this year, as the date rolls around, LGBT Texans are still reckoning with the legal and political landscape in a state where they have few protections against discrimination and their rights as couples are again being questioned in court.

Fifteen years later, some wonder, how much progress have same-sex couples in Texas really made?

You want to know how long I’ve been doing this blog thing? Long enough to have blogged about the Lawrence decision. As this story notes, the next big test of where we stand as a society with regard to the rights and dignity of same-sex couples comes in January, right here in Houston, when the anti-same sex employee benefits lawsuit gets heard in a Harris County district court. It’s a bullshit case from top to bottom, but as we’ve seen lately from both the state and federal Supreme Courts, being bullshit is not a hindrance when there’s an agenda at play. Just remember you’ll have at least one and probably two opportunities to have your own influence on our Supreme Court, with the first one being this November. Please do make the most of it.

Don’t expect a Ken Paxton trial to happen this year

Delays, delays, nothing but delays.

Best mugshot ever

Texas Attorney General Ken Paxton was indicted for fraud nearly three years ago but is unlikely to go on trial before Election Day.

Paxton’s trials are on hold while the Texas Court of Criminal Appeals decides whether the prosecutors on the case are being overpaid. The court went on summer recess Wednesday, and won’t hear any cases or issue any major opinions before the fall.

This means they won’t announce a decision in the pay case until September, at the earliest, which experts said will delay Paxton’s trial dates until after the Nov. 6 election — and probably into next year.

“I just don’t see there’s any way it gets tried before the election,” said Rusty Hardin, a Houston attorney who has represented everyone from Enron employees to athletes and TV stars. “I would have doubted that the trial would have happened before the election even if the Court of Criminal Appeals would have decided today.”

There’s more, so read the rest. Just for a sense of the timeline here, the 5th Court of Appeals in Dallas halted the special prosecutors’ pay last February, then ruled they had to give a bunch of it back to Collin County in August. The CCA then stayed that ruling pending any action it would take in September, and after giving everyone 30 days to respond to the prosecutors’ appeal of the 5th Court’s ruling, they agreed in December to formally review that ruling. At that time, it delayed the actual Paxton trial, which was originally set to start on December 11, to this year. More than six months later, the CCA has not scheduled oral arguments for that appeal, and so here we are. There are other factors at play here – the damage done to the Harris County courthouse by Harvey greatly complicates things, for example – but either until this lawsuit gets resolved, nothing else will happen. And just any ruling won’t get us back on track, because if the CCA lets the 5th Court’s ruling stand, the special prosecutors will resign, and we’ll have to start more or less from scratch. Ken Paxton could well be collecting his state pension by the time this sucker gets to a courthouse.

You’ve heard the expression that “justice delayed is justice denied”. Usually, that applies to the defendant, who is entitled by the Constitution to a fair and prompt trial. In this case, as Democratic nominee for AG Justin Nelson says in a statement, Ken Paxton is benefiting from the unending delays, with the assistance of his legislative cronies. You’d think a guy who loudly proclaims his innocence would want to get this over with, but not Ken Paxton. It would seem he’s just fine with putting this off, at least until after the election. Feel free to speculate as to why that might be.

Where the anti-vaxxers are

A lot of them are right here.

Four Texas cities, including Houston, rank among the 15 metropolitan “hotspots” of vaccine exemptions, more than any other state, according to a new study.

The study found Austin, Fort Worth and Plano also are among the nation’s cities with the highest number of kindergartners not getting vaccinated for non-medical reasons. Since 2009, the proportion of children opting out of such recommended vaccines increased in Texas and 11 other states, the study showed.

“There are some scary trends we were able to identify,” said Dr. Peter Hotez, a Houston vaccine scientist and one of the study authors. “They’re a sign that anti-vaccine groups, such as Texans for Vaccine Choice, have been very successful at lobbying efforts – both of the Texas legislature and through social media and other advocacy — to convince parents not to vaccinate their kids.”

[…]

The overall number of people invoking non-medical exemptions isn’t yet high enough to threaten herd immunity, the idea that vaccination of most of the population provides protection for those individuals without immunity to a contagious disease. But public health officials fear clusters of “anti-vaxxers” could leave some children vulnerable.

Texas’ increasing exemptions have been well documented. Though the number is still small, they have spiked from less than 3,000 in 2003 to more than 45,000 of the state’s roughly 5.5 million schoolchildren today, a 19-fold increase.

Hotez, dean of the National School of Tropical Medicine at Baylor College of Medicine and Texas Children’s Hospital said he undertook the study because of the Texas increase. He said wanted to look at whether it was a phenomenon unique to the state or mirrored elsewhere. National vaccination rates haven’t changed much in recent years.

You can see the study here. Dr. Hotez is correct to identify the political problem as being a key aspect to this. One clear pathway to getting more kids vaccinated is to take away or at least tighten up the so-called “conscience” objections to vaccines. If the law says you have to vaccinate your kids, the odds are pretty good that you will. But first you have to pass such a law, and right now we have a legislature that’s not inclined to do that.

The fruit of the poisoned tree

If the discriminatory intent of the Texas redistricting was no biggie, then surely the discriminatory intent of the voter ID law is no biggie too. Right?

Still the only voter ID anyone should need

In a motion filed Wednesday, the Texas attorney general’s office asked U.S. District Judge Nelva Gonzales Ramos of Corpus Christi to reconsider her findings that the state’s voter ID law was enacted to purposefully discriminate against voters of color. An appellate court has already upheld the law, but — in light of the Supreme Court’s ruling — the state is now trying to convince the judge to reverse her findings of discrimination in the voter ID case in order to eliminate the possibility of a return to federal oversight of its election laws.

In the filing, the state argued that the 2011 voter ID law that opponents first challenged as discriminatory has now “changed significantly” and pointed to the 5th Circuit Court of Appeal’s findings that the Legislature “succeeded in its goal” of addressing discriminatory flaws in the voter ID law in 2017.

It cited the Supreme Court’s verdict on the congressional and state House maps as findings that “cast irremovable doubt” on previous decisions that the voter ID law was also crafted with a discriminatory intent.

The state contends that, like in the redistricting case, lawmakers should be extended the “presumption of legislative good faith” for working to replace a law that Ramos ruled disproportionately — and intentionally — burdened voters of color who are less likely to have one of the seven forms of identification that the state required them to show at the polls.

See here for some background. Ken Paxton is a third-class legal mind, but given the turd that SCOTUS laid on us in the redistricting case, he’s got a compelling argument. Unless someone can find a recording of Troy Fraser rubbing his hands together and cackling “This bill is SUPER RACIST, y’all” while the floor debate was going on, I’m not sure there’s any defense. The only solution is going to be a political one. There’s no other choice.

Council approves initial Harvey housing aid

It’s a start.

Houston City Council has approved a plan to direct how the first long-term federal housing aid headed this way after Hurricane Harvey will be spent, targeting $600 million to repair or build single-family homes and $375 million to fix or construct apartments.

The action plan is a key step in the city’s effort to draw on $1.15 billion in federal housing aid, part of the $5 billion allocated to Texas from Congress’ first hurricane-related appropriation last fall. Harris County will get a similar amount.

The plan now awaits approval from the U.S. Department of Housing and Urban Development, after which it will be attached as an amendment to the Texas General Land Office’s plan that addresses recovery along the rest of the Gulf Coast.

HUD approved the state’s plan this week, though housing advocates have filed a complaint against it, aiming to ensure the recovery money will benefit low-income Texans and people of color.

At least 70 percent of the HUD funds must benefit families making no more than 80 percent of the area’s median household income, or about $60,000 for a family of four. The funds must address the city’s “unmet housing need” — families displaced by the storm whose lives and homes were not restored to normal with whatever aid they may have received from the Federal Emergency Management Agency or the Small Business Administration.

The city’s action plan is here, and data from the community engagements is here. A Chron story about that housing discrimination complaint is here. There’s a lot going on with this, and a lot of people who are still in need as we are already in the next hurricane season. We need to get this right. ThinkProgress has more.

Your Houston PAC

There’s a new player on the local scene.

Bill Baldwin, a longtime real estate broker, volunteer and member of Houston’s planning commission, has launched a political action committee aimed at improving the city’s neighborhoods, schools and local governments.

The tenets of the nonpartisan PAC, called Your Houston, will center around issues of quality of life, resiliency, mobility and neighborhoods. It will focus on local elections and referendums.

[…]

The new PAC, he said, will work to support the efforts of local advocacy groups, many of which lack funding and influence.

“All of these groups are doing great advocacy work, but they don’t have money. They don’t have political power,” Baldwin said. “I’m going to add money and political power to advocacy, and elect amazing officials that think of our city as a 21st century city.”

Their Facebook page is here and their still-in-progress website is here. The Chron story says that they intend to engage in the Harris County flood bond election, “urging the county to clearly define the projects involved and then educating the public”. Which is fine, we can use all the engagement we can get on that. Beyond that, I’ll wait to see what they have to say on specific issues and which candidates they choose to back. A couple of their initial board members are people I know and trust, so that’s good, but as always the devil is in the details. Campos has more.

The CD27 special election is almost upon us

It’s on Saturday, to be specific.

Blake Farenthold

Voters in the 27th Congressional District are preparing to go to the polls for a third time this year on Saturday for a sleepy special election in which both parties are working to rally their fatigued troops behind a single candidate in the nine-person field to replace former U.S. Rep. Blake Farenthold, R-Corpus Christi.

Farenthold abruptly resigned in April amid the fallout from sexual harassment allegations and an ethics investigation by the House Ethics Committee. He had announced four months earlier that he wouldn’t run for re-election, creating an open race to succeed him.

Saturday’s election is to determine who completes Farenthold’s current term, which ends in January, and it’s separate from the November election, the winner of which will take over the seat for a full two-year term after that.

Despite nine candidates on the ballot, Republicans are hoping their general election nominee, Michael Cloud, can win outright Saturday and avoid a runoff that would keep the seat empty for at least two more months and leave the counties with the bill for yet another election this year. Democrats, meanwhile, believe the crowded race provides an opening for their consensus candidate — Eric Holguin, also his party’s pick for the fall — to advance to a second round.

Even if Holguin makes the runoff, few are predicting the solidly red district could flip. Still, Democrats view it as an opportunity to at least build some momentum in the run-up to the November elections, and Republicans acknowledge there is an inescapable element of uncertainty in the low-turnout environment.

“I think the odds are highly favorable of [Cloud] winning the special election at least in a runoff, but the turnout’s so low, anything can happen,” said Michael Bergsma, the Republican Party chairman in Nueces County.

See here for the background. There’s more to the story, but that’s the main idea. With nine candidates it should be difficult to win a clean majority, especially since one of the lower-tier Republicans is actually spending money for the right to be a slightly longer-tenured Shelley Sekula Gibba, but it’s at least possible. Dems would love to get Eric Holguin into a runoff, and of course we’ll all be watching to see what the relative levels of turnout look like. Dems have generally overperformed by about thirteen points on average in special elections over the past year and a half, though there’s a wide range of outcomes. I’ll have the result from this one on Sunday.

And on a side note:

Texas officials are fuming over the tab for the upcoming special election to replace former Republican Rep. Blake Farenthold.

The cost of the June 30 election to replace Farenthold, who resigned in April amid reports he had used $84,000 in taxpayer money to settle a sexual harassment lawsuit, is expected to be at least $157,000 — and many of the 13 largely rural counties holding the election say they can’t afford their share of the bill.

Worse, they argue, the special election is a pointless and needlessly costly exercise since the contest is likely to go to a September runoff — meaning the eventual winner will likely serve in Washington for less than 90 days.

“We’re all not happy,” said Wharton County Elections Administrator Cynthia Richter. “It is what it is, it’s just crazy.”

After announcing the special election date, Republican Gov. Greg Abbott wrote the millionaire former congressman to request that Farenthold pay for the special election costs himself. Farenthold had originally said he would pay back the $84,000 he used to settle the harassment claim; the governor asked that he apply that money to the local counties to cover the costs of the special election.

Farenthold’s response? No.

“In my opinion, as well as many other county officials I have heard from, a special election was not warranted and should not have been called,” wrote Farenthold in a letter addressed to Abbott. “However, that was your decision based upon the advice you were given. Since I didn’t call it and don’t think it’s necessary, I shouldn’t be asked to pay for it.”

[…]

County officials say expenses associated with a special election are forcing them to reach into their contingency funds — accounts set up to cover government emergencies — or significantly downsize their operations.

“We have done everything we can to introduce cost-saving methods,” said Bastrop County Elections Administrator Bridgette Escobedo, whose county is expected to shell out $12,000 in special election expenses. “We’ve consolidated locations, reduced election workers; we’re running minimum crews for no overtime; we’re all paper and ordered minimum ballots.”

The counties aren’t alone in their frustration. The governor points his finger directly at Farenthold.

We’ve seen this before. I sympathize with the counties, who have no control over this stuff, but I supported the decision to have this election now rather than in November, and I stand by that. That said, the Governor has some discretionary funds at his disposal, in which $157K would make only a tiny dent, so it seems to me he could help these counties cover the cost of the choice he made if he wanted to. (I could be wrong about this, in the sense that I don’t know how “discretionary” these funds are. He may not be allowed to tap into them for this purpose.) He could also support an item in the next budget to make the state shoulder the cost of special elections like this. Sending an invoice to Farenthold makes for a good show. Doing something effective makes for good government. I’m just saying.

Uresti gets 12 years

Harsh, but hardly unfair.

Carlos Uresti

Standing before a federal judge in a San Antonio courtroom on Tuesday afternoon, former state Sen. Carlos Uresti was contrite.

“I truly feel remorseful, ashamed, disappointed, disgraced, angry at myself and sad,” Uresti told the court, according to the San Antonio Express-News.

But shortly after, speaking to reporters outside the courthouse about his plans to appeal a 12-year federal prison sentence he said he does not “believe is fair and just,” the two-decade veteran of the Texas Legislature seemed anything but remorseful.

The sentence he received Tuesday — and the $6.3 million in restitution he’s been ordered to pay to victims of a Ponzi scheme he was convicted of helping carry out — is “just another obstacle,” Uresti said.

“When you’re right, you never give up,” he said. “And we’re right, so we’re not going to give up.”

See here for the background. He still has a second federal trial to undergo in October, so this is not as bad as it may get. I wonder if there was a dawning realization that a multi-year sentence was likely, and that this was what finally got him to resign, four months after his conviction. Whatever the case, and acknowledging that he did do some good things as a Senator, I’m glad he finally stepped down. As to what happens from here, I can’t say I have any feelings about it. The whole affair was sad, but Carlos Uresti is a grown man who made his own choices. He can live with the consequences of those choices.

Texans cheerleader lawsuit update

Couple points of interest here.

A former Texans cheerleader who says cheer director Alto Gary derided her as “skinny fat” and applied duct tape to her stomach before a 2017 game added her name Friday to one of two lawsuits filed against the team over payment and workplace issues.

Angelina Rosa, a two-year member of the cheerleading squad who said she also was a dancer for the Chicago Bulls and a member of the Astros’ Shooting Stars group, is the 10th cheerleader to join one of two suits filed against the team in Houston federal court.

Rosa is the sixth former cheerleader to sign on as a plaintiff in a lawsuit filed by women’s rights attorney Gloria Allred and Houston attorney Kimberly Spurlock. Four have joined a suit filed by Houston attorney Bruse Loyd seeking class action status.

While descriptions of the duct-taping incident were included in both lawsuits, Friday was the first time that Rosa was identified as the affected cheerleader.

[…]

Both lawsuits accuse the Texans of failing to pay minimum wage and overtime for hours spent on the job, and both allege other workplace violations.

The Texans have denied the allegations and have filed motions seeking their dismissal. If the cases are not dismissed, the Texans want them delayed while allegations are submitted to arbitration before NFL commissioner Roger Goodell.

Since the lawsuits were filed, several former cheerleaders have told local news outlets, including the Chronicle, that they were not subjected to the abuses described by their fellow former cheerleaders.

I had noted before that the Texans had filed for dismissal of one of the lawsuits, and I had wondered about the other one. Now I know. As far as the denial by some other cheerleaders about the allegations made in these lawsuits, that’s of interest and would surely be a key pillar of the defense if this ever makes it to a courtroom, but the presence of some cheerleaders – even many cheerleaders – who say they were not abused or harassed does not have any bearing on the testimony of those who say they were. One can be both credibly accused of bad behavior, and also credibly defended by others who say “that never happened to me”. The defense against harassment by some other members of the Texans’ cheerleading squad also doesn’t address the claims of wage theft. We are still a very long way from a resolution here.

Texas blog roundup for the week of June 25

The Texas Progressive Alliance deplores and condemns the continued brutalization of immigrant families as it brings you this week’s roundup.

(more…)

UT/Trib: Cruz 41, O’Rourke 36, part 2

We pick up where we left off.

Republican Ted Cruz leads Democrat Beto O’Rourke 41 percent to 36 percent in the general election race for a Texas seat in the U.S. Senate, according to the latest University of Texas/Texas Tribune Poll.

Neal Dikeman, the Libertarian Party nominee for U.S. Senate, garnered 2 percent, according to the survey. And 20 percent of registered voters said either that they would vote for someone else in an election held today (3 percent) or that they haven’t thought enough about the contest to have a preference (17 percent).

In the governor’s race, Republican incumbent Greg Abbott holds a comfortable 12-percentage-point lead over Democratic challenger Lupe Valdez — the exact same advantage he held over Democrat Wendy Davis in an early-summer poll in 2014. Abbott went on to win that race by 20 percentage points. In this survey, Abbott had the support of 44 percent to Valdez’s 32 percent. Libertarian Mark Tippetts had the support of 4 percent of registered voters, while 20 percent chose “someone else” or said they haven’t made a choice yet.

[…]

The June UT/TT Poll, conducted from June 8 to June 17, is an early look at the 2018 general election, a survey of registered voters — not of the “likely voters” whose intentions will become clearer in the weeks immediately preceding the election. If recent history is the guide, most registered voters won’t vote in November; according to the Texas Secretary of State, only 34 percent of registered voters turned out in 2014, the last gubernatorial election year.

The numbers also reflect, perhaps, the faint rumble of excitement from Democrats and wariness from Republicans who together are wondering what kind of midterm election President Donald Trump might inspire. The last gubernatorial election year in Texas, 2014, came at Barack Obama’s second midterm, and like his first midterm — the Tea Party explosion of 2010 — it was a rough year for Democrats in Texas and elsewhere. As the late social philosopher Yogi Berra once said, this year could be “Déjà vu all over again.”

Accordingly, voter uncertainty rises in down-ballot races where even previously elected officials are less well known. Republican incumbent Dan Patrick leads Democrat Mike Collier in the contest for lieutenant governor, 37 percent to 31 percent. Kerry McKennon, the Libertarian in that race, had the support of 4 percent of the registered voters surveyed, while the rest said they were undecided (23 percent) or would vote for someone other than the three named candidates (5 percent).

“As you move down to races that are just less well known, you see the numbers drop,” said Daron Shaw, a government professor at the University of Texas at Austin and co-director of the poll. “They drop more for the Republicans. Part of that reflects the visibility of those races, and of those candidates.”

Henson said Patrick and other down-ballot incumbents work in the shadow of the governor, especially when the Legislature is not in in session. “That said, he’s still solid with the Republican base, though he lags behind Abbott and Cruz in both prominence and popularity,” he said. “There’s nothing unusual about that.”

And indecision marks the race for Texas attorney general, where Republican incumbent Ken Paxton has 32 percent to Democrat Justin Nelson’s 31 percent and 6 percent for Libertarian Michael Ray Harris. Four percent of registered voters said they plan to vote for someone else in that race and a fourth — 26 percent — said they haven’t chosen a favorite.

Nelson and Harris are unknown to statewide general election voters. Paxton, first elected in 2014, is fighting felony indictments for securities fraud — allegations that arose from his work as a private attorney before he was AG. He has steadily maintained his innocence, but political adversaries are hoping his legal problems prompt the state’s persistently conservative electorate to consider turning out an incumbent Republican officeholder.

“If you’ve heard anything about Ken Paxton in the last four years, more than likely you’ve heard about his legal troubles,” said Josh Blank, manager of polling and research at UT’s Texas Politics Project. Henson added a note of caution to that: There’s also no erosion in Ken Paxton support by the Republican base. This reflects some stirrings amongst the Democrats and Paxton’s troubles. But it would premature to draw drastic conclusions for November based upon these numbers from June.”

Shaw noted that the support for the Democrats in the three state races is uniform: Each has 31 percent or 32 percent of the vote. “All the variability is on the Republican side, it seems to me,” he said. When those voters move away from the Republican side, Shaw said, “they move not to the Democrats but to the Libertarian or to undecided.”

Trump is still getting very strong job ratings from Republican voters — strong enough to make his overall numbers look balanced, according to the poll. Among all registered voters, 47 percent approve of the job the president is doing, while 44 percent disapprove. Only 8 percent had no opinion.

See here for yesterday’s discussion. Before we go any further, let me provide a bit of context here, since I seem to be the only person to have noticed that that Trib poll from June 2014 also inquired about other races. Here for your perusal is a comparison of then and now:


Year    Office  Republican  Democrat  R Pct  D Pct
==================================================
2014    Senate      Cornyn   Alameel     36     25
2018    Senate        Cruz  O'Rourke     41     36

2014  Governor      Abbott     Davis     44     32
2018  Governor      Abbott    Valdez     44     32

2014  Lite Guv     Patrick       VdP     41     26
2018  Lite Guv     Patrick   Collier     37     31

2014  Atty Gen      Paxton   Houston     40     27
2018  Atty Gen      Paxton    Nelson     32     31

So four years ago, Wendy Davis topped Dems with 32%, with the others ranging from 25 to 27. All Dems trailed by double digits (there were some closer races further down the ballot, but that was entirely due to lower scores for the Republicans in those mostly obscure contests). Republicans other than the oddly-underperforming John Cornyn were all at 40% or higher. The Governor’s race was the marquee event, with the largest share of respondents offering an opinion.

This year, Beto O’Rourke leads the way for Dems at 36%, with others at 31 or 32. Abbott and Ted Cruz top 40%, but Dan Patrick and Ken Paxton are both lower than they were in 2014, with Paxton barely ahead of Justin Nelson. Only Abbott has a double-digit lead, with the other three in front by six, five, and one (!) points.

And yet the one quote we get about the numbers suggests that 2018 could be like 2010 or 2014? I must be missing something. Hey, how about we add in some 2010 numbers from the May 2010 UT/Trib poll?


Year    Office  Republican  Democrat  R Pct  D Pct
==================================================
2014    Senate      Cornyn   Alameel     36     25
2018    Senate        Cruz  O'Rourke     41     36

2010  Governor       Perry     White     44     35
2014  Governor      Abbott     Davis     44     32
2018  Governor      Abbott    Valdez     44     32

2010  Lite Guv    Dewhurst       LCT     44     30
2014  Lite Guv     Patrick       VdP     41     26
2018  Lite Guv     Patrick   Collier     37     31

2010  Atty Gen      Abbott Radnofsky     47     28
2014  Atty Gen      Paxton   Houston     40     27
2018  Atty Gen      Paxton    Nelson     32     31

There was no Senate race in 2010. I dunno, maybe the fact that Republicans outside the Governor’s race are doing worse this year than they did in the last two cycles is worth noting? Especially since two of them were first-time statewide candidates in 2014 and are running for re-election this year? Or am I the only one who’s able to remember that we had polls back then?

Since this cycle began and everyone started talking about Democratic energy going into the midterms, I’ve been looking for evidence of said energy here in Texas. There are objective signs of it, from the vast number of candidates running, to the strong fundraising numbers at the Congressional level, to the higher primary turnout, and so on. I haven’t as yet seen much in the poll numbers to show a Democratic boost, though. As we’ve observed before, Beto O’Rourke’s numbers aren’t that different than Bill White or Wendy Davis’ were. A bit higher than Davis overall, but still mostly in that 35-42 range. However, I did find something in the poll data, which was not in the story, that does suggest more Dem enthusiasm. Again, a comparison to 2010 and 2014 is instructive. In each of these three polls, there’s at least one “generic ballot” question, relating to the US House and the Texas Legislature. Let’s take a look at them.

If the 2010 election for [Congress/Lege] in your district were held today, would you vote for the Democratic candidate, the Republican candidate, or haven’t you thought enough about it to have an opinion?

2010 Congress – GOP 46, Dem 34
2010 Lege – GOP 44, Dem 33

If the 2014 election for the Texas Legislature in your district were held today, would you vote for the Democratic candidate, the Republican candidate, or haven’t you thought about it enough to have an opinion?

2014 Lege – GOP 46, Dem 38

If the 2018 election for [Congress/Lege] in your district were held today, would you vote for [RANDOMIZE “the Democratic candidate” and “the Republican candidate”] the Democratic candidate, the Republican candidate, or haven’t you thought about it enough to have an opinion?

2018 Congress – GOP 43, Dem 41
2018 Lege – GOP 43, Dem 42

Annoyingly, in 2014 they only asked that question about the Lege, and not about Congress. Be that as it may, Dems are up in this measure as well. True, they were up in 2014 compared to 2010, and in the end that meant nothing. This may mean nothing too, but why not at least note it in passing? How is it that I often seem to know these poll numbers better than Jim Henson and Daron Shaw themselves do?

Now maybe the pollsters have changed their methodology since then. It’s been eight years, I’m sure there have been a few tweaks, and as such we may not be doing a true comparison across these years. Even if that were the case, I’d still find this particular number worthy of mention. Moe than two thirds of Texas’ Congressional delegation is Republican. Even accounting for unopposed incumbents, the Republican share of the Congressional vote ought to be well above fifty percent in a given year, yet this poll suggests a neck and neck comparison. If you can think of a better explanation for this than a higher level of engagement among Dems than we’re used to seeing, I’m open to hearing it. And if I hadn’t noticed that, I don’t know who else might have.

Eight for SD19

Gentlemen, start your engines.

Carlos Uresti

Eight candidates have filed for the July 31 special election to replace former state Sen. Carlos Uresti, D-San Antonio, — including his brother, outgoing state Rep. Tomas Uresti, according to the secretary of state’s office.

[…]

Tomas Uresti, who lost a re-election bid during the March primaries, had said over the weekend he was “contemplating” a run for Senate District 19, a massive district that stretches from San Antonio’s East Side to far West Texas and includes parts of the U.S. border with Mexico.

The list of candidates includes two prominent Democrats who were already running for Carlos Uresti’s seat before he resigned: state Rep. Roland Gutierrez of San Antonio and former U.S. Rep. Pete Gallego of Alpine. The fourth Democrat who filed is Charlie Urbina Jones, a Poteet attorney who unsuccessfully ran for Texas’ 23rd Congressional District in the 1990s.

The three Republicans who filed are Pete Flores, who unsuccessfully challenged Carlos Uresti in 2016; Jesse “Jay” Alaniz, the former president of the Harlandale ISD board; and Carlos Antonio Raymond, who unsuccessfully sought the Republican nomination for House District 117 in March.

The Libertarian candidate is Tony Valdivia, a senior reporting analyst at USAA Bank.

See here for the background. It would have been nice if a female candidate had filed, but I suppose they’re all busy running for other offices. Gotta say, I don’t think the Uresti name is going to be an asset in this race, but anyone can pay the filing fee. The best case scenario is a Gallego/Gutierrez runoff, as far as I’m concerned. If it winds up being a Dem and an Republican, we should try to keep in mind that this race is to fill a seat through 2020, as SD19 is not on the ballot in November. In other words, let’s not screw this up. Early voting starts July 16. Good luck.

HISD approves its budget

In the end, they took what they initially rejected.

Houston ISD trustees unanimously passed a $2 billion budget Monday that is nearly identical to the one they narrowly rejected two weeks ago, signing off on significant cuts and agreeing to draw as much as $17 million from the district’s rainy-day fund.

At an hourlong early-morning meeting, trustees said they wanted to pass balanced budgets after back-to-back years of dipping into reserves, but they ultimately approved the spending plan ahead of a June 30 deadline.

[…]

The approved budget calls for about $83 million in spending cuts, which will result in hundreds of layoffs of support service staff. Hundreds of teaching positions also will be eliminated, but HISD administrators said they expect the vast majority of those jobs will be cut through attrition.

The budget includes about $17 million in new spending on dyslexia services, special education, the district’s plan for low-performing campuses and a comprehensive outside performance review. Trustees shaved about $1.5 million off the projected shortfall in recent days by choosing to use the state’s Legislative Budget Board for the performance review instead of a third-party vendor.

Trustees approved a budget last year that used $106 million in reserves to cover a shortfall and pay for raises ranging from 2 to 4 percent for many staff members, though they ultimately used less rainy-day money than expected.

At the June 14 budget meeting, several trustees said they were reluctant to tap reserves again, even on a smaller scale.

Glenn Reed, HISD’s general manager of budgeting and financial planning, said the district likely will not spend as much as is currently budgeted, and it could receive more tax revenue than was projected. As a result, Reed said: “I don’t expect to dip into our reserves next year.”

Administrators built the plan assuming a 1 percent increase in property values, but the Harris County Appraisal District expects HISD to see a 2 percent increase. Concerns about property appraisal appeals related to Hurricane Harvey led to the conservative projection.

HISD is expected to have about $275 million in reserves at the end of June, equal to about a month and a half of operating expenses. District officials have recommended keeping at least 3 months’ worth of operating expenses in reserve to cover emergency costs.

See here for the background. They could have done this last week, but it was definitely more exciting this way. In all seriousness, I get the urge to not want to dip into the reserve fund again, but 1) given the justifiably conservative revenue estimates that the district will almost certainly exceed, they probably won’t need to, and 2) sometimes the alternatives are worse. This was one of those times, so good call on taking the original path. The Press has more.

Hempstead landfill officially dead

Hooray!

Waller County leaders and residents on Monday cheered a Georgia company’s decision to abandon plans for a 250-acre acre landfill near Hempstead, saying they look forward to moving beyond an environmental fight that has dominated public debate for seven years.

Green Group Holdings LLC said in a news release Monday that it was dropping its remaining court appeals and withdrawing any pending requests for approval, citing public opposition and the prospect of a court battle that could go on and on.

“When I looked at the length of time that it would take to go through the permitting process if we were even successful in court and just the level of opposition and divisiveness this has caused in the local community, I just came to the conclusion that we should dismiss the appeals that are pending in the court system and withdraw any other efforts on our part to continue to permit and operate a landfill on this property,” said David Green, the company’s CEO, in a phone interview.

The move ends a bitter fight over the landfill proposal — one that led to a court verdict that past county commissioners failed to show transparency, the ouster of commissioners who backed the project, a well-funded movement to oppose the plan and numerous court rulings blocking the plan.

[…]

Green said the company would still pursue other potential locations for the landfill. He said he believes a solid waste disposal site is needed in Texas because of its expanding population and natural disasters such as Hurricane Harvey.

“I hope and really do feel like this facility could’ve been designed and operated safely, but this has been such a fatiguing and expensive journey for all of the participants,” Green said. “It’s time to put this behind us, so we at Green Group can focus on our other projects that we have.”

Here’s the Green Group press release. It was the recent ruling by a Travis County District Court judge that upheld the denial of a new application by the TCEQ to build the landfill that led to their retreat. They may pursue other opportunities elsewhere in the state, but at least now local communities have a playbook for how to fight back. The rest of us can commit to generating less waste if we want to give communities like Hempstead a hand going forward. No one should be faced with the prospect of having a landfill in their backyard.

SCOTUS upholds Texas redistricting

Screw this.

Extinguishing the possibility that Texas could be placed back under federal electoral supervision, the U.S. Supreme Court on Monday pushed aside claims that lawmakers intentionally discriminated against voters of color when they enacted the state’s congressional and state House maps.

In a 5-4 vote, the high court threw out a lower court ruling that had found that lawmakers intentionally undercut the voting power of Hispanic and black voters, oftentimes to keep white incumbents in office. The Supreme Court found that the evidence was “plainly insufficient” to prove that the 2013 Legislature acted in “bad faith.”

The Supreme Court also ruled that all but one of the 11 congressional and state House districts that had been flagged as problematic could remain intact. The one exception was Fort Worth-based House District 90, which is occupied by Democratic state Rep. Ramon Romero and was deemed an impermissible racial gerrymander because lawmakers illegally used race as the predominant factor in deciding its boundaries.

The Supreme Court’s ruling, which keeps all but one of the state’s districts in place through the end of the decade, is a major blow to the maps’ challengers — civil rights groups, voters of color and Democratic lawmakers — who since 2011 have been fighting the Republican-controlled Legislature’s post-2010 Census adjustment of district boundaries.

[…]

Joined by the court’s three other liberal justices, Justice Sonia Sotomayor denounced the majority’s opinion as a “disregard of both precedent and fact” in light of the “undeniable proof of intentional discrimination” against voters of color.

“Those voters must return to the polls in 2018 and 2020 with the knowledge that their ability to exercise meaningfully their right to vote has been burdened by the manipulation of district lines specifically designed to target their communities and minimize their political will,” Sotomayor wrote. “The fundamental right to vote is too precious to be disregarded in this manner.”

In siding with the state, the Supreme Court tossed out claims of intentional vote dilution in state House districts in Nueces County and Bell County as well as claims that Hispanic voters were “packed” into Dallas County districts to minimize their influence in surrounding districts. The high court also rejected challenges to Congressional District 27 — where the lower court said lawmakers diluted the votes of Hispanics in Nueces County — and Congressional District 35, which the lower court flagged as an impermissible racial gerrymander.

But perhaps most significant on the voting rights front was the Supreme Court’s ruling that the state could be not be held liable for intentional discrimination of Hispanic and black voters.

See here and here for the background. The opinion is here if you have the stomach for it. You sure can accomplish a lot if you close your eyes and wave away evidence. I don’t know what else there is for me to say, so I’ll just refer you to Pema Levy, Ian Millhiser, Martin Longman, and Mark Joseph Stern. What Rick Hasen wrote five years ago sure looks prescient now.

UT/Trib: Cruz 41, O’Rourke 36

Well, what do you know?

Republican Ted Cruz leads Democrat Beto O’Rourke 41 percent to 36 percent in the general election race for a Texas seat in the U.S. Senate, according to the latest University of Texas/Texas Tribune Poll.

Neal Dikeman, the Libertarian Party nominee for U.S. Senate, garnered 2 percent, according to the survey. And 20 percent of registered voters said either that they would vote for someone else in an election held today (3 percent) or that they haven’t thought enough about the contest to have a preference (17 percent).

In the governor’s race, Republican incumbent Greg Abbott holds a comfortable 12-percentage-point lead over Democratic challenger Lupe Valdez — the exact same advantage he held over Democrat Wendy Davis in an early-summer poll in 2014. Abbott went on to win that race by 20 percentage points. In this survey, Abbott had the support of 44 percent to Valdez’s 32 percent. Libertarian Mark Tippetts had the support of 4 percent of registered voters, while 20 percent chose “someone else” or said they haven’t made a choice yet.

[…]

The June UT/TT Poll, conducted from June 8 to June 17, is an early look at the 2018 general election, a survey of registered voters — not of the “likely voters” whose intentions will become clearer in the weeks immediately preceding the election. If recent history is the guide, most registered voters won’t vote in November; according to the Texas Secretary of State, only 34 percent of registered voters turned out in 2014, the last gubernatorial election year.

The numbers also reflect, perhaps, the faint rumble of excitement from Democrats and wariness from Republicans who together are wondering what kind of midterm election President Donald Trump might inspire. The last gubernatorial election year in Texas, 2014, came at Barack Obama’s second midterm, and like his first midterm — the Tea Party explosion of 2010 — it was a rough year for Democrats in Texas and elsewhere. As the late social philosopher Yogi Berra once said, this year could be “Déjà vu all over again.”

Accordingly, voter uncertainty rises in down-ballot races where even previously elected officials are less well known. Republican incumbent Dan Patrick leads Democrat Mike Collier in the contest for lieutenant governor, 37 percent to 31 percent. Kerry McKennon, the Libertarian in that race, had the support of 4 percent of the registered voters surveyed, while the rest said they were undecided (23 percent) or would vote for someone other than the three named candidates (5 percent).

“As you move down to races that are just less well known, you see the numbers drop,” said Daron Shaw, a government professor at the University of Texas at Austin and co-director of the poll. “They drop more for the Republicans. Part of that reflects the visibility of those races, and of those candidates.”

Henson said Patrick and other down-ballot incumbents work in the shadow of the governor, especially when the Legislature is not in in session. “That said, he’s still solid with the Republican base, though he lags behind Abbott and Cruz in both prominence and popularity,” he said. “There’s nothing unusual about that.”

And indecision marks the race for Texas attorney general, where Republican incumbent Ken Paxton has 32 percent to Democrat Justin Nelson’s 31 percent and 6 percent for Libertarian Michael Ray Harris. Four percent of registered voters said they plan to vote for someone else in that race and a fourth — 26 percent — said they haven’t chosen a favorite.

Nelson and Harris are unknown to statewide general election voters. Paxton, first elected in 2014, is fighting felony indictments for securities fraud — allegations that arose from his work as a private attorney before he was AG. He has steadily maintained his innocence, but political adversaries are hoping his legal problems prompt the state’s persistently conservative electorate to consider turning out an incumbent Republican officeholder.

“If you’ve heard anything about Ken Paxton in the last four years, more than likely you’ve heard about his legal troubles,” said Josh Blank, manager of polling and research at UT’s Texas Politics Project. Henson added a note of caution to that: There’s also no erosion in Ken Paxton support by the Republican base. This reflects some stirrings amongst the Democrats and Paxton’s troubles. But it would premature to draw drastic conclusions for November based upon these numbers from June.”

Shaw noted that the support for the Democrats in the three state races is uniform: Each has 31 percent or 32 percent of the vote. “All the variability is on the Republican side, it seems to me,” he said. When those voters move away from the Republican side, Shaw said, “they move not to the Democrats but to the Libertarian or to undecided.”

Trump is still getting very strong job ratings from Republican voters — strong enough to make his overall numbers look balanced, according to the poll. Among all registered voters, 47 percent approve of the job the president is doing, while 44 percent disapprove. Only 8 percent had no opinion.

Our seven-poll average now stands at Cruz 46.3, O’Rourke 39.7. Remember when that second Q poll, the one that had Cruz up by 11, became the One True Result? we now have four polls since then, and all of them are in the five-to-eight points range, which is to say all right arounf the polling average. Imagine that. This result, one of the better ones for O’Rourke, occurs in the context of good approval numbers for Donald Trump. In fact, Trump’s numbers have been mostly above water lately, yet Beto remains competitive. Here’s a summary:

UT/Trib, February 2017, 46 approve/44 disapprove
UT/Trib, June 2017, 43 approve/51 disapprove
UT/Trib, October 2017, 45 approve/49 disapprove
UT/Trib, February 2018, 46 approve/46 disapprove
Quinnipiac Senate poll, April 2018, 43 approve/51 disapprove
Quinnipiac Senate poll, May 2018, 47 approve/47 disapprove
PPP Senate poll, June 2018, 49 approve/46 disapprove
CBS/YouGov Senate poll, June 2018, 50 approve/50 disapprove
UT/Trib Senate poll, June 2018, 47 approve/44 disapprove

Not too surprisingly, Beto’s best showing was in that first Q poll. The fact that he’s consistently within single digits despite Trump being even or better in approval is encouraging, and suggests things could really get interesting if his numbers ever soften.

What about the Governor’s race? There have been eight polls of the Senate race so far, but this is only the third poll to include the Governor’s race. Here’s how those compare:

Quinnipiac, April

Cruz 47, Beto 44
Abbott 49, Valdez 40

Quinnipiac, May

Cruz 50, Beto 39
Abbott 53, Valdez 44

UT/Trib, June

Cruz 41, Beto 36
Abbott 44, Valdez 32

So Cruz runs two or three points behind Abbott, while Beto runs four or five points ahead of Valdez. Some of the latter may be a function of name recognition, but overall I’d be comfortable saying Beto would do a few points better overall than Valdez. I hesitate to draw broad conclusions, but it seems clear Beto is on a path to outperform Valdez, and quite possibly the rest of the Dem ticket. By how much is an open question, and I would remind everyone that other than Bill White in 2010, the statewide results in both 2010 and 2014 landed in a pretty narrow range. Keep an eye on this, but don’t spend too much time thinking about it yet.

I have more to discuss with this poll, but this post is already long. I will pick things up tomorrow.

Scooters come to San Antonio

Beware, y’all.

Scooter!

Electric scooters started popping up on the streets of San Antonio early Friday morning as part of an initiative by Los Angeles-based scooter-sharing company Bird to provide an alternative mode of transportation, mostly for those downtown.

The scooters, or “Birds” as the company calls them, are reserved through a mobile app that charges a base fee of $1 per ride with an additional 15 cents charged per minute of use. A map on the application shows the location of available scooters, which are typically clustered with others in a “Nest.” They may, however, be picked up and dropped off almost anywhere.

“As San Antonio rapidly grows and develops, it’s clear there’s an urgent need for additional transit options that are accessible, affordable, and reliable for all residents and local communities,” according to a statement released by Bird to the Rivard Report on Friday morning. “Birds are a great solution for short “last-mile” trips that are too long to walk, but too short to drive.”

[…]

“Right now, more than one-third of cars trips in the U.S. are less than two miles long,” according to Bird. “Bird’s mission is to replace these trips — get people out of their cars, reduce traffic and congestion, and cut carbon emissions.”

While the idea might seem like an environmentally friendly mode of transportation for San Antonians, City officials aren’t quite on board — yet. The City had hoped to delay local operations until rules could be established for dockless transportation options.

Releases of similar vehicles around the country have surprised city officials, prompting some, such as those in Austin, to temporarily impound the scooters.

John Jacks, director of the Center City Development and Operations (CCDO) department, told the Rivard Report on Thursday that while the City hopes to coordinate with companies to keep their scooters on the street, it has the right to remove obstructing vehicles left in places such as public right of ways like sidewalks, streets, or trails.

The department first considered regulating dockless bikes in January, before the scooters became a widespread and highly-funded phenomenon. Jacks said his department would likely pitch a more comprehensive pilot ordinance to the City Council’s Transportation Committee in August.

“We’ve asked them to hold off until we at least have a briefing or some kind of pilot program for Council committee,” Jacks told the Rivard Report earlier this month. “There’s currently not any specific ordinance that prohibits it. … We may do nothing, it just depends [on the circumstances].”

Other scooter companies have expressed interest in entering the San Antonio market. Blue Duck Scooters, LimeBike, and Spin all have communicated with City officials in recent months.

See here for some background. Unlike Austin, San Antonio appears to have had some warning about the impending arrival of these thing, so maybe it will be a bit less disruptive. I guess the scooters are positioning themselves not just as an alternative to cars for those short trips, but also to bikes. I can’t speak to the San Antonio experience, but when I was working downtown and I needed to get somewhere that was too far to walk, I used BCycle. To be fair, that was dependent on the kiosk locations – there was one about a block from my office, so I just needed to pick my destination carefully – which is an advantage the scooters have, at least until dockless bike sharing gets implemented. Whether people will give up car travel for these short trips is likely more a function of how safe people think scooter travel is, and how inconvenient driving is. I’m skeptical, but I’m also old and cranky and not the target demographic here, so pay me no mind.

CBS/YouGov: Cruz 44, O’Rourke 36 (RVs)

Time for another poll.

Rep. Beto O’Rourke

In Texas’ Senate race, incumbent Republican Ted Cruz has a 10-point lead over Democrat Beto O’Rourke among likely voters. Cruz benefits from strong support from his own party and has an advantage among independents as well. O’Rourke is supported by Democrats, leads with Hispanics and has an edge with women. Cruz performs well with whites and men.

Cruz also has an overall job approval rating of 54 percent in Texas among registered voters, a bit higher than President Trump’s (50 percent) in the state.

On the matter of separating families specifically, both Cruz and O’Rourke get net positive ratings (largely driven by support from their own parties), although three in 10 voters do not have an opinion about O’Rourke on this, as he may be less known to voters than Cruz.

Poll data is here. They also did Arizona and Florida’s Senate races, if those interest you. For the Texas Senate race (question 6), the result from the full 1,025-person sample of registered voters was 44-36 as indicated in the headline. It was in the smaller (821 respondents) “likely voter” group that Cruz was up 50-40. I’m skeptical of likely voter screens at this early point in time, and all of the other poll results I have on the sidebar are for RVs, so for comparison purposes that’s the one I’m going with. The average of the six polls I’m using (all but the WPA one from January 5) now has Cruz at 47.2, with 40.2 for O’Rourke.

Supreme Court affirms trashing Laredo’s plastic bag ban

Not really a surprise.

The Texas Supreme Court handed a loss to local government on Friday, striking down a Laredo ban on plastic bags. The decision imperils about a dozen other cities’ bans across the state.

In a decision viewed as one of the court’s most highly politicized of the term, justices ruled unanimously that a state law on solid waste disposal pre-empted the local ordinance. That decision drew immediate responses from both sides of the aisle, with high praise from Texas Attorney General Ken Paxton, a Republican who had weighed in against the bans, and condemnation from environmental groups, which had argued the ban kept at bay the harsh environmental damage brought by plastics.

The court’s ruling resolves a long-standing question over whether local governments may impose such bans, as cities including Austin, Fort Stockton and Port Aransas have in recent years. Friday’s unanimous holding makes those bans unenforceable as well, and likely tosses the issue over to the Texas Legislature for debate.

The court said in a unanimous holding that its intent was not to wade into the “roving, roiling debate over local control of public affairs” but simply to resolve the legal question at hand.

“Both sides of the debate … assert public-policy arguments raising economic, environmental, and uniformity concerns,” Chief Justice Nathan Hecht wrote for the court. “We must take statutes as they are written, and the one before us is written quite clearly. Its limitation on local control encompasses the ordinance.”

[…]

While arguments have seemed to center on semantics, the court’s decision is likely to have major implications for local control issues across the state. It’s a loss for local governments, said Bennett Sandlin, executive director of the Texas Municipal League.

“Plastic bags are the perfect case for why different geographies need different sets of rules,” Sandlin said. “This is a sad day.”

A long list of lawmakers have weighed in on the case, including by filing friend of the court briefs. Twenty Republican state lawmakers filed a brief against the ban in an earlier appeal of the case. And state Sen. Judith Zaffirini, a Laredo Democrat, told the Texas Supreme Court she supports the city’s ban.

In 2017, state Sen. Bob Hall filed a bill that would have prevented Texas cities from enforcing bag bans.

Now that the court has ruled, the issue is likely to become one for legislators to take up. Justice Eva Guzman urged lawmakers to do just that in a concurring opinion Friday.

“The legislative branch, not the judiciary, bears the unenviable task of making complicated policy decisions that balance the benefits of uniform regulation and the myriad burdens (financial or otherwise) that may be imposed on taxpayers, businesses, and the environment,” Guzman wrote.

She added, “I urge the Legislature to take direct ameliorative action. … Standing idle in the face of an ongoing assault on our delicate ecosystem will not forestall a day of environmental reckoning—it will invite one.”

See here and here for the background. Yes, the Legislature could remediate this – the case hinged on the definition of a “container”, which I think we can all agree is not something that was handed down by God to the Founding Fathers. But we all know that’s not what this Legislature is going to do. Quite the reverse, in fact. So while I appreciate Justice Guzman’s concern about the “ongoing assault on our delicate ecosystem”, I would encourage her to venture out of the ivory tower once in awhile to observe what is actually happening around her. In the meantime, we can all do our part to reduce, reuse, and recycle plastic bags. The Observer and the Current have more.

Achieve 180 schools show encouraging gains

Some good news we could all use.

One year into Achieve 180, early results show marked improvement at many of the district’s chronically underperforming schools. After years of falling behind academically, the 42 schools covered under HISD’s targeted improvement plan reported, on average, about twice as much academic growth as students across the state and district, according to preliminary state standardized test scores released in recent weeks.

In interviews and presentations over the past month, HISD administrators heralded the early results as evidence the district is raising achievement in schools that long have ranked among the worst in the region. Several of those schools have drawn additional scrutiny as the district faces potentially major sanctions — either a state takeover of HISD’s locally elected school board or forced campus closures — if they do not immediately improve.

HISD did not earn an A-plus across the board — English test scores at its longest-struggling high schools barely moved, and parts of the Achieve 180 plan fell flatter than expected — but the results were enough to raise spirits in a district besieged by the threat of sanctions tied to poor academic performance.

“Any time you see growth in any one of our campuses, you’re happy,” said Erick Pruitt, HISD’s area superintendent over 32 of its 42 Achieve 180 schools. “However, our team is not satisfied with the growth.”

[…]

CJ Rodgers, the principal of a Chicago Public Schools turnaround campus affiliated with the Academy For Urban Leadership, a nonprofit that helps operate low-performing schools in the city, said it is common for test scores to rise immediately when chronically struggling campuses receive intensive support.

“We spent the entire first year really re-establishing routines, how we want to do school, and that goes from the students to staff to lunch room to custodians to teachers,” Rodgers said. “I think the difficult part about this work is how you sustain it.”

HISD leaders have said they want Achieve 180 to last at least three years, and the district’s proposed budget included an additional $3 million for the plan this year. Trustees rejected the budget proposal on June 14, though they are expected to vote on a revised proposal this week.

However, it also is possible Achieve 180 gets short-circuited in the coming months. Under a law passed in 2015, four of HISD’s longest-struggling schools must all meet state academic standard this year to avoid the Texas Education Agency replacing HISD’s school board or closing still-failing campuses.

TEA leaders have not committed to which sanction they would impose, but their public comments suggest replacing the school board is more likely. New trustees could decide to hire a new superintendent who scraps some or all of Achieve 180.

I would hope that whatever happens with the TEA, Achieve 180 is allowed to continue. Seems to me that if a program like this can get this kind of result at long-struggling campuses, the state would find it in its interest to help fund similar programs elsewhere. Maybe someone should ask Greg Abbott and Dan Patrick about that. Be that as it may, I’m glad to see the good results, and I hope we are all committed to seeing them continue. In the end, it’s the success of the students that really matters.

Weekend link dump for June 24

“You probably think you’re a Good Guy too. Well, you might be the good guy defending a potential rapist. You might be the good guy making your female friends feel silenced by insisting on interjecting jaunty anecdotes into a serious discussion of a could-be creep. You’re the good guy derailing the uncomfortable conversation, and by extension, any shot of progress and positive change.”

“How Tippi Hedren made Vietnamese refugees into nail salon magnates”.

From the “Look, I Have Always Had Problems With Deadlines” department.

Maybe there was a good reason why nobody had been eager to start trade wars lately.

“We are convinced that mandatory family separation is profoundly harmful to children and to families, in addition to being morally egregious and a violation of fundamental human rights.”

“I see Paul Ryan finally said he’s not comfortable with babies being taken from their mothers. Well hoop de do. He and Corker and Jeff Flake, who are all so brave they’re headed back home (or to K Street to make millions of dollars from whatever remains of the Trump presidency), aren’t going to matter soon anyway. They have been, and have let themselves be, steamrolled.”

Among many other things, Harvey Weinstein is an example of how the cash bail system is broken.

Phishing attacks, y’all. Know how to avoid them.

The importance of Pride Month in Major League Baseball.

By the way, the Brexit-Russia connection is becoming clearer every day.

Kris Kobach deserves a lot more than this, but it’s a start.

Some giant panda news, since I know you like that sort of thing.

“Finding true love is hard. Almost as hard as getting cast on The Bachelor, which guarantees if not a soul mate, then at least a few paychecks for hawking FabFitFun boxes on Instagram. But a shocking pair of recent revelations — that current Bachelorette Becca Kufrin’s pool of suitors includes both a sex offender and a bigot — has made it painfully apparent that the long-running reality series’ casting processes are in desperate need of an overhaul.”

“You should know that Mike Godwin — the guy who came up with Godwin’s Law — is saying that you’re in the clear to make those comparisons.”

“Soerens and the other good people at World Relief are grappling with the dismaying disappointment of realizing that the very same white evangelical Americans they have spent decades educating about the need to minister to immigrants and refugees are the most viscerally and viciously anti-immigrant and anti-refugee group in the country.”

“All presidents are tested now and again, and Trump is failing massively. It’s not quite the first time, and it certainly won’t be the last. Being president of the United States is a difficult job, and Donald Trump has no idea how to do it.”

“On June 23, 1988, a sultry day in Washington, James Hansen told Congress and the world that global warming wasn’t approaching — it had already arrived. […] Thirty years later, it’s clear that Hansen and other doomsayers were right. But the change has been so sweeping that it is easy to lose sight of effects large and small — some obvious, others less conspicuous.”

“A new group called Lawyer Moms of America, formed to oppose separation of immigrant families, has quickly grown to 10,000 members, thanks to social media.”

“In a week of crazy lying and horribles, this Trumpian tweet below stood out to me. It speaks directly to the core of Trumpism, and why Trumpism is failing as a governing approach.”

RIP, Koko, the sign-language-using gorilla.

RIP, Mildred McWhorter, founder of the Mission Centers of Houston.

SCOTUS and sales taxes

This ruling will be good for Texas.

Texas stands to gain hundreds of millions of dollars in tax revenue after the U.S. Supreme Court on Thursday ruled that states may force online retailers to collect sales tax even when they have no physical presence in the state.

Every year, Texas loses $1.1 billion in uncollected sales tax, according to the Texas comptroller’s office — well over the $800 million the state will spend securing its southern border this year and next. That’s the result of the high court’s 1992 decision, now reversed, that retailers are responsible for collecting sales tax only in states where they had “nexus.” That decision — which predated the astronomical rise of the internet and the subsequent boom in online shopping — was outdated, argued lawyers for the state of South Dakota, who won the case this week.

That lost tax revenue is particularly meaningful in Texas, one of just a handful of states without a personal income tax. This May, for example, the state’s sales tax revenue totaled $2.76 billion.

[…]

Customers themselves owe sales tax on their purchases, but it’s sellers who are required to collect that money and send it to the government. States have little mechanism — and little incentive — to chase down sales tax on small-ticket purchases from average consumers when the retailers don’t do it themselves. Some of Texas’ largest online retailers — Amazon, for example — already remit sales tax to the state. Amazon has almost a dozen distribution centers in the state.

Texas is highly unlikely to gain back all of the $1.1 billion it’s currently losing, experts said, and any money the state gets back won’t come overnight. While the Texas comptroller has a great deal of taxing authority, some changes to the state’s tax structure might have to be carried out by the Legislature when it reconvenes in 2019, said Dale Craymer, the president of the Texas Taxpayers and Research Association. The Comptroller’s office is looking into that, a spokesman said.

“We welcome the court’s ruling in this case and are currently assessing any potential revenue impacts,” said Kevin Lyons, a spokesman for the agency.

I have long believed that the sales tax exemption for online purchases outlived its purpose years ago. This is not just for states like Texas but also for local governments that rely on sales tax revenue, and for traditional retailers who are no longer at an automatic disadvantage. Sales tax rates vary by locality, and not all items are subject to sales taxes, so this will be a challenge to set up, but that’s not our problem. Online retailers will figure it out, and life will go on. This was the right decision.

MJ Hegar introduces herself

Here’s her opening video:

Fair to say it made a good impression, and USA Today, Daily Kos, Slate, Business Insider, and Political Animal all gushed about it. Nancy LeTourneau, who wrote that latter article, used it as a springboard to talk about not just the influx of female (mostly Democratic) candidates this cycle, but how they are running different types of campaigns than what we are used to seeing:

The shift that has happened was perhaps best described by Stacey Abrams, who is running to be Georgia’s next governor, when she said, “My being a black woman is not a deficit…It is a strength. Because I could not be where I am had I not overcome so many other barriers. Which means you know I’m relentless, you know I’m persistent, and you know I’m smart.” I recently took at look at how some Native American candidates are embracing the same message.

These women are tossing out the playbook for political campaigns that was written mostly by men and putting their experiences as women front and center to make their case for why voters should support them. They’re breaking down stereotypes and talking about things that have affected women for centuries but have been relegated to the shadows.

As LeTourneau says, this is a big deal regardless of how many of these women win. It’s a paradigm shift, one that we better get used to. Hegar’s a decided underdog in CD31, but if the wave is high and she pulls an upset, people are going to know her name.

San Antonio to get pro football team

Not the NFL or the XFL but the AAF.

“After talking to [league co-founder and CEO] Charlie Ebersol, I knew the Alliance of American Football was right for San Antonio, and that San Antonio was right for the Alliance,” said Mayor Ron Nirenberg, who participated in talks with the league prior to the announcement.

The AAF was unveiled in March as a complement to the NFL with its season kicking off in early February next year six days after the Super Bowl and finishing in April with a championship around the time of the NFL draft. It aims to put a quality product on the field made up of former college players and pros trying to make it back to the NFL and coached by names fans will recognize.

League officials, including Ebersol, a television and film producer, will be in town Thursday to announce the local general manager and head coach. San Antonio was the eighth and final city to be unveiled as a charter member of the new league joining Atlanta; Birmingham, Alabama; Memphis, Tennessee; Orlando, Florida; Phoenix; Salt Lake Cit; and San Diego.

Coaches such as Steve Spurrier in Orlando, Mike Singletary in Memphis, Rick Neuheisel in Phoenix, and Mike Martz in San Diego give the league credibility. Add to that a television contract with CBS and the league already appears to be on more stable footing than other professional football league startups of the past.

“Spring football forever has been thought of as a money grab,” Ebersol said during a Facebook Live event after announcing the league in March. “It has been thought of as somebody just going in and building a business very quickly and making money right out of the gate because people love football.

“But what we tried to build here was something bigger. We tried to put together a team, an alliance of people that were committed to what we could do if we actually started from scratch with a professional sports league.”

The AAF is funded by private investors but there are no individual owners for each team. It is what the league’s name suggests – an alliance aimed at building a strong product in each city.

[…]

The AAF founders have been working for more than a year to identify the cities in which they wanted to place the first eight teams. They also have been laying the groundwork for the league in talking with potential coaches, general managers, and considering ways in which they might want to make their brand of football different from the NFL.

Some of those differences will include no kickoffs, no extra points, no television timeouts, and a 30-second play clock instead of the 40-second clock in the NFL. The differences are rooted in player safety and shortening the length of games.

The San Antonio franchise will play its games at the Alamodome. The AAF was mentioned in that recent XFL story I blogged about, which was the first I had heard of it. Sounds like they have some interesting ideas, with this league maybe kind of serving the same function as the NBA G League does for that sport. The recent record of non-NFL pro football leagues is not great, but this one has a pretty good pedigree, so we’ll see. (Then again, so did the WLAF.) And since you’re wondering, yes, Charlie Ebersole is Dick Ebersole’s son.

“Indie Party” Senate candidate misses filing deadline

That sound you hear is my heart breaking for him.

Jonathan Jenkins

Jonathan Jenkins, an independent candidate for U.S. Senate in Texas whose unconventional campaign has drawn Republican objections, has missed the deadline to submit the signatures needed to appear on the November ballot.

The deadline was 5 p.m. Thursday, and the secretary of state’s office did not receive any application from Jenkins, according to a spokesman for the office, Sam Taylor. Jenkins, a tech entrepreneur from Euless, would have had to turn in more than 47,000 signatures to qualify for the November ballot, which already features the Republican incumbent, Ted Cruz, and his Democratic opponent, U.S. Rep. Beto O’Rourke of El Paso.

Jenkins, who said earlier this month he was “100 percent confident” he would turn in enough signatures by the Thursday deadline, did not immediately respond to requests for comment. Neither did a spokesman for his campaign.

See here for the background. Every now and then I feel like I fully understand what the word “schadenfreude” means. This is one of those times. I will remind everyone here that in 2006, Carole Keeton Strayhorn and Kinky Friedman combined to turn on nearly 400,000 signatures for their indy candidates for Governor, and they did so on a much shorter timeline. Of course, they had both been actual candidates doing actual candidate things for over a year by the time they had to start collecting signatures, and thus had an actual base of supporters from which to draw. Perhaps that could be a lesson for Jonathan Jenkins and his corporate sponsors. Not that I really want them to learn it – this is far more entertaining. But should you happen to come across someone who whines about this process on Jenkins’ and the Indie Party’s behalf, feel free to point this out to them.

“As the Board turns”

deep sigh

Houston ISD Trustee Jolanda Jones publicly aired personal attacks and allegations against fellow school board members in online posts this week, chipping away at the board’s efforts to present a more collegial front in the face of administrative upheaval and potentially major state sanctions this year.

In three Facebook posts, Jones alleged a newly elected trustee called a longtime board member a “thief” and a “crook” with “no moral character,” and she accused a fellow trustee of misleading her during the process of electing a school board president. Jones also claimed five trustees who rejected HISD’s proposed budget last week will be responsible for employees losing their homes — even though board members are expected to pass the budget next week, with no adverse impact on staff members.

You can click over and read the rest; I don’t care to litigate any of it. I’m just going to say this: For the first time ever, as of last November, the Board is comprised entirely of Democrats, with (I believe) a majority of members elected with the support of the local AFT. Even if the Board were firing on all cylinders, the current partisan makeup would present as a tempting target for the state for takeover, given the issues with the low-performing schools. But at least a high-functioning Board, whose membership is two-thirds new since 2015, would have a compelling argument to make that they deserve a little more time to make progress on the problem. With the way things are now, who’s going to stand in their defense when Mike Morath picks a new Board to replace them?

Dem primary loser in CD06 files “vote fraud” lawsuit

That sound you hear is me banging my head on my desk.

Ruby Woolridge

Democrat Ruby Woolridge has filed a lawsuit challenging her 717-vote primary runoff loss for the 6th Congressional District to Jana Lynne Sanchez.

In the lawsuit, Woolridge claims that Sanchez “knowingly filed petitions with fraudulent signatures” in order to secure a spot on the March primary ballot.

Sanchez called the lawsuit “frivolous.”

“Unwarranted accusations cannot undo months of hard work spent collecting qualifying signatures on voters’ doorsteps and at public events, cross-referencing names and addresses with databases and eliminating any that raised questions,” said Sanchez, a public relations specialist. “The voters clearly chose us in the primary.”

[…]

In the lawsuit, Woolridge claims that Sanchez “knowingly concealed the fraudulent signatures from the Democratic local authorities” and that the volunteer circulators signed “the forged petitions before a notary public under duress.”

Jana Sanchez

Woolridge said she “only discovered the fraudulent conduct after the initial primary election was held for the Congressional seat for District 6,” according to the lawsuit. And she claims some people couldn’t vote in the primary election because someone else had already voted in their name through mail-in ballots.

She asks, in the lawsuit, for a special election or second runoff election to be held without Sanchez’s name on the ballot.

‘The purpose of the Election Code is to prevent fraud in our primary and general elections,” Woolridge’s lawsuit states. “The fraudulent and forged signatures submitted and filed by (Sanchez) in her petitions for a place on the Democratic ballot renders her applications null and void.”

The lawsuit was filed in Ellis County against Sanchez, as well as the Texas Democratic Party, Democratic chairmen in Tarrant, Ellis and Navarro counties and the Texas secretary of state.

Sanchez filed paperwork with the court asking that the lawsuit be dismissed.

“Ms. Sanchez denies any fraud by her campaign,” her filing states. “The small group of signatures that raised suspicions were set aside before ballot petition filing. Those signatures appear to have been collected by a person later revealed to have been helping the Woolridge Campaign while paid as a contractor for the Sanchez Campaign and who later openly moved over to the Woolridge camp. That person since admitted to signing a few names on behalf of voters (potentially a crime and so reported to appropriate authorities prior to receipt of the lawsuit).”

Sanchez said she will keep fighting the lawsuit.

The DMN has a copy of the lawsuit as well as Sanchez’s response. While I think this is highly likely to be bullshit, Woolridge has the right to challenge the result if she has reason to believe she was wronged. But as I said when now-former State Rep. Lon Burnam tried something similar after losing his primary in 2014, invoking Republican talking points about “vote fraud” will not get you any sympathy from me. Don’t let your desire to win cause you to lose your soul. I’m rooting for a swift and decisive resolution to this.

The family separation crisis is far from over

For one thing:

Although the zero-tolerance policy was officially announced last month, it has been in effect, in more limited form, since at least last summer. Several months ago, as cases of family separation started surfacing across the country, immigrant-rights groups began calling for the Department of Homeland Security (D.H.S.), which is in charge of immigration enforcement and border security, to create procedures for tracking families after they are split up. At the time, D.H.S. said that it would address the problem, but there is no evidence that it actually did so. Erik Hanshew, a federal public defender in El Paso, told me that the problems begin at the moment of arrest. “Our client gets arrested with his or her child out in the field. Sometimes they go together at the initial processing, sometimes they get separated right then and there for separate processing,” he said. “When we ask the Border Patrol agents at detention hearings a few days after physical arrest about the information they’ve obtained in their investigation, they tell us that the only thing they know is that the person arrested was with a kid. They don’t seem to know gender, age, or name.”

Jennifer Podkul, who is the policy director of Kids in Need of Defense, told me that advocates are trying to piece together information about the whereabouts of children based on the federal charging documents used in the parent’s immigration case. “You can try to figure out where and when the child was apprehended based on that,” she said. “But where the child is being held often has nothing to do with where she and her parent were arrested. The kids get moved around to different facilities.”

The federal departments involved in dealing with separated families have institutional agendas that diverge. Immigration and Customs Enforcement—the agency at the D.H.S. that handles immigrant parents—is designed to deport people as rapidly as it can, while O.R.R.—the office within the Department of Health and Human Services (H.H.S.) that assumes custody of the kids—is designed to release children to sponsor or foster families in the U.S. Lately, O.R.R. has been moving more slowly than usual, which has resulted in parents getting deported before their children’s cases are resolved. There’s next to no coördination between D.H.S. and H.H.S. “ice detainees are not allowed to receive calls, so any calls need to be individually arranged,” Michelle Brané, of the Women’s Refugee Commission, told me. “A phone call is not a fix for separation. It is a call, often with a very young child. A call is a Band-Aid.” A number of lawyers that I’ve spoken with described personally pressuring individual deportation officers to delay a parent’s deportation until she can be reunified with her child or, failing that, until children and parents can be deported at roughly the same time.

Remember the fuss a couple of weeks ago over Samantha Bee’s use of the c-word? This was the point she had been making, about children being lost in the system by the federal government.

For another thing:

But like so much else in Trumpland, there is how something appears, and how something actually operates in reality. In the hours between the announcement of the order and its actual release, many hailed the change as an about-face—a stunning and rare pivot for a president who has little capacity to admit error. But now that the executive order is out, what is clear is that this document offers no fix at all. The Trump administration intends to trade the practice of separating children while it prosecutes parents for another kind of horror: locking up parents and children together. And, according to the executive order, this new incarceration of families could well be indefinite.

“This Administration will initiate proceedings to enforce…criminal provisions of the INA until and unless Congress directs otherwise,” the executive order lays out. “It is also the policy of this Administration to maintain family unity, including by detaining families together where appropriate and consistent with law and available resources.”

[…]

The practice of separating children from their parents is a symptom of Attorney General Jeff Sessions’ “zero-tolerance policy” announced this spring. Under Sessions’s new rules, US attorneys now must criminally prosecute every person apprehended while attempting to enter the country between official ports of entry without proper documentation. But because many people come to the United States as families and because there are restrictions on how long children and parents may be held together, the government separated children from their parents, treating separated children as “unaccompanied minors.” The executive order does not affect that zero-tolerance policy at all; those prosecutions will continue.

Parents and babies are still going to be incarcerated while those prosecutions continue; it just appears that now they will be held together. And under the executive order, any public agency, including the Bureau of Prisons and the Department of Defense—which would mean the federal prison system and military bases—must make its facilities available for the incarceration of these families.

What’s more, the executive order announces that the Trump administration intends to petition a court to revisit the landmark 1997 Flores settlement, which set forth minimum conditions for the treatment and detention of migrant children. The centerpiece of Flores requires that children be released from government custody as quickly as possible. Separately, it requires that those who are held have access to education, health care and recreation, and that they not be kept in confinement. The Trump administration wants to dismantle those minimum child-welfare protections so that it can, in the words of the executive order, “detain alien families together throughout the pendency of criminal proceedings for improper entry or any removal or other immigration proceedings.”

But, because Flores is still current law, the Department of Homeland Security is still bound by it, and cannot detain children for longer than is absolutely necessary to find a placement for them outside of detention. Therefore, “this Executive Order is a restatement of current policy, which is to prosecute, detain, and quickly deport Central American asylum seekers,” says Kerri Talbot, legislative director for Immigration Hub, a DC-based, pro-immigration umbrella group.

The new executive order is no solution. It’s just another problem, as serious as before. Donald Trump has no idea what he’s doing, but he’s doing it anyway. There’s no cause to celebrate. Don’t let these guys off the hook.

Houston on the short list for the 2020 DNC

One in three shot at it.

Democratic Party officials have culled the list of potential host cities for the 2020 Democratic National Convention from eight to four, and Houston is still in the mix, Mayor Sylvester Turner said Wednesday.

The mayor kicked off Wednesday’s regular city council meeting with the announcement, noting that Milwaukee, Denver and the Miami area are the other remaining finalists. By the end of the meeting, however, he said he was told Denver had withdrawn its bid, leaving Houston as one of three finalists.

“Our chances have gotten exponentially better,” Turner said. “I’m excited about the proposal we submitted.”

[…]

Turner said he also wants to bid on hosting the 2024 Republic National Convention when the time comes.

“It’s all about marketing and selling the city of Houston,” the mayor said.

See here, here, and here for the background. All three sites have their pros and cons, so it’s probably just a matter of how each bid gets sold to the city. I’m hopeful but not overly optimistic. As for the 2024 RNC, all I can say is that it better be a post-Trump Republican Party by then, or there’s no amount of marketing value that could make it worth the effort. The Trib has more.

Texans move to dismiss one cheerleader lawsuit

Standard stuff, I presume.

Attorneys for the Houston Texans have asked a federal judge to dismiss a lawsuit filed against the team by five former cheerleaders or to delay proceedings while the former cheerleaders’ complaints are submitted to arbitration.

Team attorneys, in a motion filed with U.S. District Judge David Hitner, cite several flaws in what they describe as a “frivolous” lawsuit filed by former cheerleaders Hannah Turnbow, Ainsley Parish, Morgan Wiederhold, Ashley Rodriguez and Kelly Neuner.

The suit is one of two filed last month by former Texans cheerleaders, complaining of wage violations, breach of contract, negligence and other issues.

Among the lawsuit’s flaws, the Texans say, is that former cheerleaders acted improperly by filing legal action despite signing contracts that require mandatory arbitration for disputes. If the suit is not dismissed, the team says, it at least should be stayed pending arbitration.

[…]

The former cheerleaders also “want to rewrite history,” the team says, by complaining about their treatment after several posted complimentary messages on social media about their association with the team.

“Above all, the plaintiffs want to ignore the law, which dictates that their claims fail, whether in arbitration … or in this court,” lawyers add.

The standard cheerleader contract includes a clause in which both sides agree that the NFL commissioner will preside over binding arbitration to settle any disputes. The commissioner also has authority to refer the dispute to an outside arbitrator.

In a separate filing, attorneys for the team say that Neuner’s complaint against the team because she has not been a cheerleader since the summer of 2011 and that that her complaints fall outside the statute of limitations, which range from 300 days to four years, along with being “factually invalid.”

See here for the background. I’m not aware of any action with the other lawsuit, but my guess is that the team will have a similar response. For sure, the cheerleaders will want to keep this in a courtroom and away from an arbitrator. That’s all I’ve got, so we’ll see what happens.

Our typically feckless state leaders

Way to set an example for the rest of us, y’all.

Gov. Greg Abbott and Lt. Gov. Dan Patrick frequently talk tough about illegal immigration, but they refuse to publicly support the Trump administration’s “zero-tolerance” policy that’s spurred outrage for ripping thousands of undocumented children out of the arms of their parents.

Neither are they criticizing it.

Texas’ top Republicans are making a calculated decision to hide from the humanitarian crisis, largely taking place on Texas soil, because they are afraid of upsetting their political base.

The governor has tried to say as little as possible about the White House policy, making only one public comment backing Trump’s argument that the children’s and parents’ traumatic experiences can be used as leverage for an immigration overhaul.

“This is horrible and this rips everyone’s hearts apart about what’s going on,” Abbott told a Dallas-area TV station. He added that Trump had offered to “end the ripping apart of these families” if Democrats agree to a new immigration law.

Abbott declined repeated requests for comment from the Houston Chronicle. Instead, his staff forwarded the statement made last weekend to NBC TV. The governor seeks to appear loyal without attracting attention to himself.

“It shouldn’t be a tightrope to do the right thing,” said John Weaver, a longtime campaign strategist from Texas who has consulted for Republicans like George H.W. Bush and now Ohio Gov. John Kasich. “It’s disappointing that we haven’t heard from the governor but not surprising. We’ve gone from Texas having very strong leaders to having leaders who are very calculating.”

[…]

Patrick never brought up the separation policy or the border when he spoke for half an hour at the Texas Republican Party convention in San Antonio on Friday. His office and campaign have not returned repeated calls for comment.

“Dan Patrick’s silence, in the face of such brutality committed on Texas soil, makes him as culpable as the administration. Morally, it’s as though he wrenched the children from their parents with his own hands,” said Mike Collier, a Democratic businessman running against Patrick for lieutenant governor in November.

As the Lone Star Project noted, Abbott has expressed his support for the Trump detention policy previously, before it became untenable for everyone this side of Ken Paxton and Sid Miller to oppose it. I suppose he and Patrick were just taking their time and hoping this would all go away, as befitting their cowardly natures, but their absence was definitely noticed.

“What is happening on the border tonight is an affront to humanity and to all that we as proud Americans hold dear,” state Rep. Jason Villalba, R-Dallas, told the American-Statesman Tuesday. “We are better than this. To watch our own governor remain silent in the face of this atrocity is an affront to all that we as Texans hold dear. As a member of the Texas Legislature, I am ashamed that my ‘so called’ leader is so controlled by his fealty to the president’s myopic vision of America that he is frightened like a feeble squirrel from taking action. It is time to act. NOW. Governor Abbott. Can you hear me?”

Both of those stories were from yesterday morning. By around lunchtime, Abbott had been forced out of his spider hole to make a few grudging remarks.

Gov. Greg Abbott is asking Texans in Congress to take bipartisan action to address the crisis of thousands of immigrant children being separated from their parents.

“This disgraceful condition must end; and it can only end with action by Congress to reform the broken immigration system,” he wrote in a letter to all members of the Texas delegation, including Republican Sens. Ted Cruz and John Cornyn.

Abbott called family separations, which are the result of a Trump administration policy announced earlier this year, “tragic and heartrending.” But he also called the separations the “latest calamity children suffer because of a broken U.S. border” — and urged members to “seize” the opportunity to work across the aisle and finally fix the problem.

“Texans are not fooled by the partisan divide on this issue,” Abbott wrote in the letter, which was obtained by The Texas Tribune. “They know that even if all Republicans agree, a bill fixing the problem will not pass without Democrat support in the Senate.”

Naturally, as befitting his craven nature, Abbott hid behind the lie that Trump was forced into the family separation policy and only Democrats could save him, to which Trump himself quickly put the lie with a hasty afternoon executive order, one that has ulterior motives. But as one Democratic Senator pointed out prior to that, it was easily within the power of even one Republican Senator to force the issue. And if Greg Abbott is sincere about wanting to keep families together and make progress on immigration, here’s a bill he could support. Don’t hold your breath would be my advice. Greg Abbott always, without fail, takes the easiest way out. Vox and ThinkProgress have more.

Abbott sets July 31 special election date in SD19

One way or another, we’ll have that slot filled in time for the start of the next session.

Carlos Uresti

Gov. Greg Abbott has scheduled a July 31 special election to replace state Sen. Carlos Uresti, D-San Antonio.

Uresti announced his resignation Monday, four months after he was found guilty of 11 felonies. The resignation is effective Thursday.

The filing deadline for the special election is Monday, and early voting will start July 16, according to Abbott’s proclamation. The document also outlines Abbott’s reasoning for calling what is known as an emergency special election, noting Uresti’s District 19 has been “without effective representation” for over a year due to his legal troubles and it is important to fill the seat as soon as possible.

Abbott had the choice of setting the special election for the next uniform election date — Nov. 6 — or at an earlier date. Uresti had asked Abbott to slate the special election at the same time as the Nov. 6 elections, saying it would “save the 17 counties and taxpayers thousands of dollars.”

At least two Democrats are already running to finish Uresti’s term, which ends in 2021: former U.S. Rep. Pete Gallego of Alpine and state Rep. Roland Gutierrez of San Antonio. Pete Flores, a Republican who unsuccessfully challenged Uresti in 2016, has also announced a special election run.

See here for the background. Our summer of constant elections continues. Why would Abbott set the date earlier instead of having it in November? Assuming as I do that Abbott is motivated first and foremost by politics, my guess would be that a summer special election, followed most likely by a summer special election runoff, offers the better odds of electing a Republican. SD19 is a Democratic district and I’d expect it to be pretty blue in November, but it went both ways in 2014 and could certainly be competitive in a lower-turnout environment. No guarantee of that, of course, and I’d expect Democrats to be more motivated to vote even in July this year than they were four years ago. Flores lost to Uresti 55.9% to 40.4% in 2016, for what it’s worth. Be all that as it may, this is going to be quite the sprint for the campaigns. Buckle up.

In which we try again to eliminate a rape kit backlog

How exactly did we get here?

The city’s independent crime lab on Tuesday announced an ambitious plan to clear a backlog of hundreds of rape kits and other DNA evidence, the latest effort to rein in a recurring problem that has bedeviled criminal prosecutions for more than a decade.

Over a 10-month period, the Houston Forensic Science Center plans to spend $2 million to outsource testing of nearly 1,000 cases and cross-train staff in data analysis with the hope of preventing similar backlogs in the future.

“HFSC, like many labs across the country, has long struggled with backlogs in its DNA section,” said Dr. Peter Stout, HFSC’s CEO and president. “Our plan is to simultaneously eliminate a longstanding backlog while building a sustainable, efficient process that allows for an average 30-day turnaround time on DNA work.”

Officials said cross-training staff would help alleviate future delays, particularly during the data analysis of the testing, a time-intensive process that fewer than 10 analysts are authorized to perform.

[…]

Evidence backlogs have plagued Houston law enforcement for decades. A 2002 scandal at the Houston Police Department’s crime lab led the department to temporarily shutter its lab and led to calls for a regional testing lab.

The department reopened its lab, but then weathered additional scandals in 2009, after its rape kit backlog swelled to more than 4,000 cases and its fingerprint backlog surpassed 6,000 cases.

That same year, the National Academy of Sciences found serious deficiencies in the nation’s forensic science system, and called for forensic labs to be operated independently of law enforcement departments.

Four years later, after spending millions of dollars, the department announced that it had cleared its rape kit backlog.

Questions, I have questions.

1. As the story notes, the previous backlog, which predates the creation of the HFSC, was cleared in 2013. Like I said up front, how did we get here five years later?

2. To be more specific, is this a matter of priorities, or of resources? If it’s priorities, what tasks for the lab are being prioritized over “rape kits and other DNA evidence”?

3. If it’s resources – the story does note that “fewer than 10 analysts are authorized to perform” the backlogged tasks – then what will it cost to avoid this in the future? Where does that funding come from?

4. Not a question, but since someone (such as a former candidate for Mayor whose name I no longer feel obligated to mention) will surely call for the HFSC to be merged with the Harris County Institute of Forensic Sciences, I will simply note that the HCIFS has had its own backlog issues in recent years.

I can understand why these questions might not have been addressed in the initial reporting. I do hope they will come up in subsequent stories.

Texas blog roundup for the week of June 18

The Texas Progressive Alliance strongly condemns the inhumane practice of separating families from their children as it brings you its weekly roundup.

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