Off the Kuff Rotating Header Image

January 21st, 2021:

Census apportionment shenanigans to be officially curtailed

As it should be.

The Trump administration’s protracted efforts to keep some immigrants from being counted when congressional seats are divvied up after the 2020 census ended with the former president’s departure from the White House, but President Joe Biden’s administration inherits a census running far behind schedule.

Among his first acts after being inaugurated, Biden on Wednesday is expected to sign an executive order undoing his predecessor’s plan to keep undocumented immigrants from being included in the state-by-state tallies that determine how those living in the U.S. are represented in Congress for the next 10 years.

Trump’s scheme to fundamentally alter the process had already been foiled by processing delays, but Biden’s order serves as an official reversal as state lawmakers wait for the detailed census results they need to reconfigure political districts to reflect a decade’s worth of population growth.

The most significant effect for Texas politically remains an extended delay in the Legislature’s efforts to redraw the state’s congressional and state legislative districts, and part of the job could ultimately fall to a Legislative Redistricting Board or the courts.

Texas lawmakers would ordinarily expect to receive detailed data from the census as soon as mid-February — marking an unofficial kickoff to the redrawing of political districts so they’re roughly equal in population. Instead, the Texas Legislature is operating on uncertainty.

The coronavirus pandemic took hold of the country last year just as it was set to begin the high-stakes, once-a-decade count of every person living in the U.S., setting back elaborate plans for counting communities and the deadline for tallying by several months. With the release of that data delayed — and amid political turmoil at the Census Bureau — it remains unclear whether lawmakers will even be able to embark on the redistricting process before the end of the regular legislative session in May.

“It appears to me [that] a reasonable person would look at what is occurring today and believe the numbers would not come until early summer, but don’t hold me to that,” state Sen. Joan Huffman, the Houston Republican who chairs the Senate redistricting committee, said on the Senate floor last week.

[…]

The Census Bureau was statutorily required to produce the population numbers that determine how many congressional seats each state gets by Dec. 31, but lawyers for the federal government indicated in court hearings that those counts won’t be ready until early March because anomalies in the data must be fixed. The detailed census results used to redraw districts come in a second dataset that must be delivered to states by March 31. The federal government has not provided details on when that data will be available.

In 2011, the Census Bureau began delivering the second dataset to Texas lawmakers on Feb. 17.

In announcing his executive order on Wednesday, the Biden transition team indicated the president would “ensure that the Census Bureau has time to complete an accurate population count for each state” in search of apportionment that is “fair and accurate so federal resources are efficiently and fairly distributed for the next decade.”

“I think at this point the delays are probably a good thing” because the data is being scrubbed for accuracy, said Joaquin Gonzalez, a voting rights attorney with the Texas Civil Rights Project, which has been pushing for a more transparent redistricting process at the state Capitol.

In a joint statement released earlier this month, a group of former directors of the Census Bureau indicated it was “appropriate” for the bureau to take the necessary time to ensure the count was accurate given the delays caused by the pandemic.

However, state lawmakers are up against a constitutional clock that says state House and Senate seats must be redrawn by the Legislature during the first regular legislative session after the census is published. If they fail to do so, the Legislative Redistricting Board — a panel made up by the lieutenant governor, the Speaker of the House, the attorney general, the state comptroller and the state land commissioner — takes over the mapping with no requirement to hold hearings for public input.

“In some ways, the worst case scenario is that the data comes down to the states in May or something like that because then the Legislature really doesn’t have time to do its job correctly, but because of the state constitution, the state districts would automatically get sent to the [Legislative Redistricting Board],” Gonzalez said. “In terms of public participation and transparency, that’s sort of the worst case scenario.”

See here for the previous update. I have been assuming that the redistricting process would have to occur in a special session anyway – it just never seemed like there would be enough time to fit it into the regular session. Dems strategy will apparently be to force the matter to the courts, which was the scenario for Congressional map-drawing if they had taken the House and no agreement could be reached. Don’t know if that can work, but it’s a strategy. Putting that aside, the main result here is that Texas will get a full count, and will get the likely three new Congressional districts that it merits. I’ll never get over the fact that our state leaders didn’t fight for that, but it happened anyway without them. You’re welcome.

Our petty Governor

Sheesh.

Gov. Greg Abbott met with hospital executives in Houston on Tuesday to discuss the state’s coronavirus vaccine rollout, while appearing to snub city and county officials who are overseeing a bulk of the distribution.

The Republican governor said the county, and specifically Houston Methodist Hospital, is leading the state in vaccinations, with more than 250,000 doses administered through the weekend. Dallas County is second for the most shots given, he said.

“Houston Methodist has helped Texas become a national model for the vaccination program,” Abbott said, following a closed-door meeting with executives at the hospital.

[…]

In a tweet over the weekend, Houston Mayor Sylvester Turner said city and county health officials had not been invited to participate in the governor’s meeting.

“Any roundtable conversation in Houston about vaccine distribution in Houston, Harris County region should include diverse representation to ensure there is equitable vaccine distribution to at risk, vulnerable communities,” Turner wrote.

Abbott has been repeatedly at odds with Democratic municipal leaders including Turner and County Judge Lina Hidalgo, who have asked for stricter emergency restrictions to slow the spread of the pandemic. The state has recorded more than 32,000 coronavirus deaths since March, and remains in the midst of a massive second surge.

The city and county are currently receiving about 17,000 vaccine doses each week, combined.

Asked about why municipal health leaders were excluded from the discussion, Abbott said state agencies are in “constant communication with local officials, and that process will continue.”

Abbott’s gonna Abbott. Remember how back at the beginning of the pandemic he was happy to let Mayors and County Judges lead when they were doing the hard and unpopular work, and then later he just cut them completely out of everything once he caught some heat from the wingnut faction over masks and quarantines? It’s who he is and what he is, and we shouldn’t be surprised. No wonder Mayor Turner is asking for more direct control of vaccine doses.

On capping restaurant delivery app fees

Fine by me, but I’ll bet more than fifteen percent of my most recent delivery tab that this does not go anywhere.

Rep. Carl Sherman

High delivery fees by third-party apps, such as DoorDash and Uber Eats, are often cited by restaurant operators as a source of financial strain, especially during the coronavirus pandemic. A new bill filed in the 87th Texas Legislature is seeking to cap the fees food delivery services charge restaurants at 15 percent.

The industry standard hovers around 30 percent of a customer’s order, depending on the platform. This would be significantly reduced across the state if the bill passes.

“This is one of my wishes for 2021,” says Alex Au-yeung, the chef and owner of Phat Eatery in Katy.

Au-yeung used Grubhub, DoorDash and Uber Eats at one point, but he got rid of them even before the pandemic. Phat Eatery now operates its own delivery system. With razor-thin profit margins, a fee that high is untenable for restaurants, he says: “If you give 30 percent away, how can we survive?”

Rep. Carl Sherman Sr. introduced H.B. 598 in the House after he heard from restaurant owners in his DeSoto-area district that the high delivery fees were creating hardship for their business.

“The impact of COVID exacerbated the problem,” Sherman says. With dining rooms closed, then reopened at lower capacity, restaurants had to rely on takeout and delivery, often turning to third-party apps. “They were unable to factor in the levied costs from these delivery services,” he says.

Chef Justin Turner closed all four locations of his popular Bernie’s Burger Bus restaurants this year. While he said there were many factors at play, high delivery fees were one of them. Turner signed up for the services because he saw the convenience of delivery become increasingly popular with customers. He said representatives for the companies told him he would see an increase in business by being on the platforms, but he hasn’t found that to be the case. Instead, Turner noticed sales simply shifting away from dine-in to carryout over time. The pandemic made this worse.

“People want the convenience,” Turner says. “Especially in a COVID world, being able to get food dropped off at their door without talking to a person or touching a person.”

Turner adds that these fees also affect the customer. He’s already seen some restaurants increasing to-go prices to make up for the high commission from delivery apps. In his opinion, most food doesn’t travel that well, so people are paying more money for lesser quality than is offered by dining in person.

[…]

Besides the high commission, Au-yeung had other gripes about the delivery apps. His team couldn’t communicate directly with people ordering through the platforms, which made the restaurant’s mission of great customer service impossible. And while he made the decision to leave DoorDash, he found it impossible to take Phat Eatery down from their website. He says he’s tried to contact the company, to no avail. To turn people away from ordering through the app, he edited the menu items to read “Do not order here.” He also jacked up the prices to discourage people.

One service Au-yeung likes, though, is Favor Fleet, an offshoot of the local delivery app now owned by H-E-B. If the restaurant is busy and short-staffed for deliveries, he can request drivers from Favor Fleet on-demand, for a flat fee of $7.50 per order. “That, I can deal with,” he says.

Turner says he favors the bill’s passage but is skeptical about its chances in the Legislature.

“I don’t think, with two publicly traded companies and lobbyists, that this is going to make it further,” he says. “You’re asking them to cut their profits, that they’ve been making for a long time now, in half.”

I suspect that is absolutely correct. This will be smothered by lobbyists before it ever has a chance to breathe. It’s still worth bringing up. Personally, I never use delivery services for takeout. I pick it up myself, which is the only way I can be sure that the money I’m spending goes entirely to the restaurant. It helps that 90% of the time I’m ordering from a neighborhood place, but still. And when this damn pandemic is over, I’m going back to dining in most of the time. Restaurant food tastes best when it’s right out of the kitchen, and no amount of convenience makes up for that to me. Your mileage may vary.

Texas blog roundup for the week of January 18

The Texas Progressive Alliance is excited for the official start of the Biden Administration as it brings you this week’s roundup.

(more…)