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April, 2021:

The economic effects of voter suppression

From Forbes magazine last week:

The Texas economy could take a massive hit if the state enacts new voting restrictions—potentially costing the state’s economy tens of billions of dollars and tens of thousands of jobs—according to a study from the Texas-based economic research firm the Perryman Group, as the Texas legislature Thursday moved one step closer to making the proposals.

  • The potential loss of conventions, major sporting events and tourism could cost the state $16.7 billion in annual gross product by 2025, and nearly 150,000 jobs, according to the study.
  • Internal factors, like decreased business activity and lower wages in the state, could lead to the loss of $14.7 billion in household purchasing power by 2025, according to the Perryman Group.
  • Retail trade would take the biggest hit, according to the study, losing more than 50,000 jobs from drops in tourism and economic development alone.

[…]

“If you strip away all of the emotion and all of the politics and say ‘this is just what happens in the economy,’ that is what we’re analyzing,” Dr. Ray Perryman said in an interview with Forbes.

Perryman said his firm’s modeling relies on 40 years worth of data and academic research, which has consistently shown voting laws that are restrictive or have “the appearance of discrimination” lead to negative economic impacts. The negative impacts are already being seen in Georgia, Perryman said. The long list of companies condemning the state’s new law will likely mean fewer conventions in Georgia, which mean fewer visitors spending money in the state, while some socially conscious travelers also choose to stay away. The resulting domino effect and supply chain reaction will likely mean the economy takes a major hit, Perryman said.

There wasn’t much detail in that story, nor was there a link to the study in question, but Reform Austin filled in those gaps.

The Perryman Group looked at the two different buckets for the economic impact of the bills. The first was internal losses, which is what happens in the Texas labor market as it relates to earnings, employment losses and the spillover on household purchasing power. The second was external losses, which comes from reduced travel and tourism and economic development.

Decades of research showing restricting ballot access to certain groups has adverse impacts on their earnings. These lower earnings also impact workforce participation and employment, which in turn affect household budgets and consumer spending. The report found Texas could lose $9.4 billion in personal income, $14.7 billion in annual gross product and 73,000 jobs over the next five years with the proposed voting restriction measures.

Based on survey information, The Perryman Group has an idea of how many convention planners avoid states for controversial laws, like HB 6 and SB 7, to avoid an appearance of supporting the policy. The most recent national example is the MLB decision to move the All-Star game away from Atlanta for Georgia’s voting restriction laws. A single conference could cost Texas $54 million. A lost Super Bowl hosting opportunity could cost Texas $1.75 billion.

The study also looked at socially conscious consumers who have been shown to avoid such areas for travel, be it for business or leisure. The report estimates Texas could lose $4.1 billion in personal income, $6.6 billion in annual gross product and 60,000 jobs in the tourism sector over the next five years due to the proposed voting restriction measures.

On economic development, controversial laws tend to diminish the ability to attract knowledge workers and the companies that employ them for economic development. The report estimates Texas could lose $6.3 billion in personal income, $10.1 billion in annual gross product, and 89,000 jobs over the next five years because of the proposed voting restriction measures.

All of this impacts the tax base of the state and local governments. Not included in the fiscal notes of either bill are the estimates in the report of $832 million in direct losses to state coffers and $454.6 million in direct losses to local governments over the next five years. As for external losses due to reduced tourism and economic development, the state gets hit by $1 billion and local governments get hit by $802.5 million by 2025.

The study is here. Ray Perryman is the go-to guy for media-based economic forecasting, and I give him credit for addressing questions like these. I have no idea how to evaluate something like this – there are a lot of assumptions being made, and it’s not clear to me how many of them are based on past experience – but as we’re unlikely to get any kind of rebuttal from the Republicans, whose main arguments are basically “nuh uh, no it isn’t”, this is what we have. I’m happy to bring all the ammunition we can against this travesty, but the case against the current bills that will make it harder to vote is that they are anti-democratic, deeply racist, based on egregious lies, and wouldn’t actually do anything to solve the “problems” they claim they will even if one were to accept that there were such “problems” in the first place.

The problem with basing the argument against SB7 and HB6 on economic claims is that there’s no way to adjudicate them later on. If the Texas economy does more or less what it’s expected to do in the years to come, especially if it gets the boost that it should from the Biden infrastructure plan, then that gives the vote suppressors the opportunity to claim an undeserved victory. The case against making it harder to vote is that it’s wrong to make it harder for people to vote, especially when you make it a lot harder for some people than for others. Let’s not lose sight of that. The Current has more.

When the vaccine problem becomes more about demand than supply

Or to put it another way, what are we gonna do with the people who refuse to get vaccinated?

Low vaccination rates in counties that are whiter and more conservative could be impairing Texas’ ability to quickly reach herd immunity for COVID-19.

Texas counties that are poorer, whiter, less-educated and where former President Donald Trump won a larger than average share of the vote have vaccinated a smaller share of their population than the state average, a Houston Chronicle analysis found.

In the 144 Texas counties that meet these criteria, about 28.7 percent of people aged 16 and older have received at least one dose of the COVID-19 vaccine. Statewide, the average is 32.2 percent.

In Liberty County, fewer than 20 percent of residents have received at least one dose of the vaccine, one of the lowest rates in the state. What’s more, as Harris County residents have begun flocking to rural counties for easier access to vaccines, state data shows that providers in Liberty County — a rural patch between Houston and Beaumont — have put 27 percent more shots in the arms of Harris County residents than they have in residents of their own county

Meanwhile, in the 22 counties where Joe Biden won a majority of the vote — places that tend to be both more diverse and educated — an average of about 44 percent of eligible Texans have received at least one dose of the vaccine.

The vaccination gap between whiter, more conservative counties and the state average may not be cause for concern for the state’s vaccination efforts yet, said Rice University health economist Vivian Ho, but there is a potential for it to widen over the next two to three months.

“As more vaccines become available, that gap is going to widen, because there’s still excess demand for vaccines in our cities, where the majority of the population lives,” she said. “If, for instance, only 50 percent of people in these outlier counties are vaccinated, they will continually be subject to superspreader events that will overwhelm the weakest components of the state’s healthcare infrastructure.”

[…]

Across the state, health officials are searching for ways to reach and vaccinate people who are reluctant to do so.

State health officials are trying to think through the “last mile”, said Dr. David Lakey, a member of the Texas COVID-19 Expert Vaccine Allocation Panel. People who are hesitant to get vaccinated may not go to mass vaccination sites or hubs, but may go to providers they trust.

In Public Health Region 4/5 North — a group of counties in the northeastern part of the state, around Tyler — officials are working with faith-based communities and hosting vaccine fairs to vaccinate more people in the region with the state’s lowest average rate. They have also been conducting home visits as part of these efforts to bring vaccines to homebound people.

Ron Nichols, emergency coordinator for Chambers County, said having well known, local paramedics dole out doses has helped assuage some residents’ concerns. Nichols said demand for vaccines was initially high, but has begun to plateau in recent months because people are either waiting on the single-shot vaccine from Johnson & Johnson, or because of distrust rooted in misinformation.

“There are a lot of people who just don’t understand, don’t know or don’t trust the process,” he said. “The Facebook misinformation machine has been running rampant.”

I suppose there may be fewer Houstonians taking vaccination road trips now that there’s more doses available. Be that as it may, the approach being outlined here makes sense. It’s largely the same strategy that has been advocated and used for communities of color and immigrants, and for the same reason – people trust people they know. It’s more arduous, but it has to be done. It would be nice if more of the state and federal elected officials who represent these areas stepped up and took some of the responsibility for convincing their constituents to get vaxxed, but I’m not holding out much hope for that.

(I am going to attempt to exercise some grace about the hesitancy in these parts of the state, even as we know that lies and propaganda are the main reasons for the fears that many of these folks have, and the risk that their hesitancy may help give rise to a stronger and more vax-resistant strain of the virus. For now, at least. We’ll see where the numbers are in a few months.)

It was worse in Harris County during the freeze

Very interesting.

Harris County residents were far more likely to have lost electricity and water during February’s winter storm and blackout crisis than residents of other Texas counties, a survey by the University of Houston’s Hobby School of Public Affairs found.

The findings may help explain why Harris County residents account for a third of the almost 200 deaths so far attributed to the storm, while only accounting for 16 percent of the state’s population. Most froze to death in their homes or while exposed to the elements, succumbed to carbon monoxide poisoning or died when medical devices failed without electricity.

“During the week of the winter storm, Harris County residents were significantly more likely than other Texans to lose electrical power, lose internet service, lose access to drinkable water, be without running water, lose cell phone service, have food spoil, suffer economic damages, and experience difficulty finding a plumber,” the survey authors wrote.

Ninety-one percent of Harris County survey respondents said they lost power during the blackouts, compared to 64 percent of respondents from the other 212 counties on the state’s main power grid. Asked if they had lost water, 65 percent of Harris County residents said yes, compared to 44 percent of those in other counties. Thirty-eight percent of local respondents said they suffered burst pipes.

On average, Harris County respondents were without electricity for 49 total hours and 39 consecutive hours, confirming that the outages were not rotating as the grid operator, ERCOT, had hoped. CenterPoint Energy, the Houston area’s electricity distributor, said during the crisis it could not rotate blackouts because the drop in available power to distribute was so severe.

Perhaps unsurprisingly, 72 percent of Harris County respondents said they somewhat or strongly disagreed that the power outages were distributed in an equitable manner.

[…]

The survey also measured how Harris County respondents rated the performance of government officials and entities during the storm. President Joe Biden and County Judge Lina Hidalgo scored the highest, with more than 45 percent of respondents somewhat or strongly approving of their handling of the crisis.

Gov. Greg Abbott and state government as a whole were rated poorly, with about 21 percent somewhat or strongly approving of their performance. ERCOT polled the worst, with 78 percent of respondents somewhat or strongly disapproving of the power grid operator’s performance.

The survey found broad support among Harris County residents who identify as Republicans, Democrats and independents for a series of reforms. More than 70 percent of these respondents said they supported requiring the electric grid and natural gas pipelines to fully winterize and giving the Public Utilities Commission greater oversight over the electric grid.

Fifty-three percent of respondents, however, said they were unwilling to have higher utility bills to ensure the grid is better-prepared for severe weather.

The landing page for this poll is here. The data for Harris County is here and for the state as a whole is here. The poll was done via a webpanel, with a sample of 1500 adults in total, and an oversample of 513 adults in Harris County. Note that as before, the partisan makeup of the sample is more Democratic than it would be if we were talking about registered voters. In Harris County, it was 38% Democrats, 36% Independents, and 18% Republicans, and statewide it was 32% Dem, 30% Independent, and 25% Republican. I sent an inquiry about that, and was told that among those who reported voting in the 2020 election, Trump won by a 51-47 margin, not far off from the actual 52-46 spread. In other words, if there’s a Democratic skew it’s among the non-voters.

I say all that up front because there were approval ratings in the polls, at least for how the freeze was handled. For the statewide sample:

Governor Greg Abbott: Strong approve 15%, somewhat approve 13%, neutral 15%, somewhat disapprove 10%, strong disapprove 38%
Your County Judge: Strong approve 14%, somewhat approve 11%, neutral 26%, somewhat disapprove 7%, strong disapprove 16%
Your Mayor: Strong approve 14%, somewhat approve 14%, neutral 27%, somewhat disapprove 8%, strong disapprove 17%
President Joe Biden: Strong approve 21%, somewhat approve 11%, neutral 21%, somewhat disapprove 5%, strong disapprove 32%

And for Harris County:

Governor Greg Abbott: Strong approve 12%, somewhat approve 9%, neutral 17%, somewhat disapprove 9%, strong disapprove 47%
County Judge Lina Hidalgo: Strong approve 35%, somewhat approve 13%, neutral 19%, somewhat disapprove 6%, strong disapprove 18%
Your Mayor: Strong approve 27%, somewhat approve 19%, neutral 19%, somewhat disapprove 6%, strong disapprove 19%
President Joe Biden: Strong approve 36%, somewhat approve 13%, neutral 20%, somewhat disapprove 5%, strong disapprove 19%

Again, bear in mind the partisan breakdown of the sample. There’s a lot more to the polls, and a separate set of questions about lifting COVID-19 restrictions that I’ll write about separately, so go check it out.

More on the poll watcher problem

It’s all right here. You just have to pay attention to what they’re saying.

As Texas Republican lawmakers seek to expand the powers of partisan poll watchers — and Democrats warn doing so will lead to intimidation of minority voters — newly uncovered video shows the Harris County GOP is recruiting thousands of the volunteers to monitor voting in Black and brown communities in Texas.

In the video, leaked by government accountability nonprofit Common Cause Texas, a county precinct chair giving a presentation describes the need for an “election integrity brigade” of 10,000 Republicans in Houston’s predominantly white suburbs to volunteer in the city’s racially diverse urban core.

“We’ve got to get folks in these suburbs out here that have, you know, a lot of Republican folks that got to have the courage” to cover the city, says the speaker, who’s not named in the video.

“If we don’t do that, this fraud down in here,” he goes on to say as he circles the city with a pointer, “this fraud down in here is really going to continue.”

It is unclear what the speaker is calling “fraud,” since there was scant evidence of wrongdoing uncovered in 2020, even as Republican Attorney General Ken Paxton doubled the resources for his elections integrity unit and aimed it at Harris County.

“What we see in this video is a concrete, real-world example of why it is a downright dangerous idea to expand poll watcher powers while removing the ability of election workers to kick a disruptive poll watcher out,” said Anthony Gutierrez, executive director of Common Cause Texas. “Volunteer poll watchers who have no ill intent and who do not plan to disrupt voting would have no need to be ‘courageous’ about going into predominantly Black and brown communities.”

See here for the previous mention of that video. It’s actually quite clear what the speaker means by “fraud”, and that’s “there are too many Black and brown people voting”. There’s a reason why he’s highlighting urban neighborhoods, just as there was a reason why the Trump-fueled allegations of “fraud” mostly centered on cities like Detroit and Philadelphia and Atlanta. The reason is that this speaker and a whole lot of other people like him don’t view Black and brown voters, or the votes they cast, as “legitimate” in the way their own votes are. They think that too many voters is a problem, and we’d be better off if we had “fewer but better voters”. Of course, the criteria for deciding which voters would qualify as “better” would be up to them. That much is obvious.

A House counterpart bill, House Bill 6, would prevent election judges from removing a poll worker for any reason other than voter fraud, effectively requiring them to get law enforcement involved if other disruptions were to occur.

Democrats and voting rights groups have decried the provisions of the bill as intended to deter minorities from voting, citing past examples of poll watchers in Texas yelling at and taunting voters.

Democrats and voting rights groups have decried the provisions of the bill as intended to deter minorities from voting, citing past examples of poll watchers in Texas yelling at and taunting voters.

In 2010, the Harris County Attorney received multiple such complaints of poll watchers at early voting polling places in predominantly minority neighborhoods including Kashmere Gardens and Moody Park. The complaints included poll watchers “hovering over” voters, “getting into election workers’ faces” and blocking or disrupting lines of voters waiting to cast their ballots.

The county Democratic Party blamed volunteers with ties to True the Vote, a Houston-based voter watchdog group that started as a project of a tea party organization. The group denied the accusations.

“It seemed like Republicans were targeting Black and brown voters when they sent out poll watchers in November,” the Harris County Democratic Party said in a statement to Hearst Newspapers. The GOP plan to add thousands of poll watchers and give them more power ahead of 2022 elections “confirms exactly what we suspected.”

Here’s a question to ask yourself: How do you think the people in those “predominantly white suburbs” that this speaker is attempting to recruit from would feel about ten thousand poll watchers from the neighborhoods that they intend to do their thing in showing up at their polling places to monitor them with the same level of suspicion and contempt that they intend to bring? Do you think they would accept that with equanimity in the name of “playing by the same rules” and “turnabout is fair play”, or do you think they’d lose their minds and demand a large police presence to keep them safe from those dangerous inner city rabble-rousers? I think we all know which is the more likely outcome. And that once again shows why enabling a vast army of poll-watchers with little to no accountability on them is a bad, racist, dangerous, and anti-democratic idea. The Trib has more.

Bill to delay primaries passes Senate

As expected.

Sen. Joan Huffman

The 2022 primary elections in Texas could be pushed back to April or May under a bill moving through the state Legislature.

Because of delays in U.S. Census Bureau data needed to redraw the state’s congressional and legislative districts, the Texas Senate passed a bill on Thursday that could push the state’s primary to April 5, or if the delays persist, to May 24.

State Sen. Joan Huffman, a Houston Republican, said at this point Texas might not have the needed census data until deep into the summer. If they get the maps drawn up and passed into law fast enough, the March 1 primary would go on as planned. But if the maps aren’t put into law until after Nov. 22, the primary would shift to April 5.

If the maps are not done until after Jan. 3, the primary would shift to May 24.

[…]

Huffman said she’s trying to put the Legislature in the best position possible in light of the census data delays.

“The bill will serve as a signal that the Legislature fully intends to complete the redistricting task once the census data is received,” she said.

We’ve known about the need for this for months, due to issues with receiving the Census data. It was just a question of how far back the primaries would need to be pushed. Sen. Huffman’s bill is SB1822, and I expect it will easily pass the House and be signed with no fuss.

Weekend link dump for April 11

“Biden’s Evangelical Foes Set Aside Satan Fears, Cash Aid Checks”.

“No, Eric Greitens Was Never “Exonerated” of Sexual Misconduct”.

“Rep. Matt Gaetz’s (R-FL) political career has been imploding for longer than we knew.”

“But, in truth, Boehner’s I-Was-Just-a-Feather-in-the-Gales-of-Crazy act gets a little wearisome for those of us who lived through it. If there’s any evidence that John Boehner tried to arrest the prion disease before it took over his caucus, and then his entire political party, it was not evident in his performance as Speaker.”

“Thanks for noticing that NY’s voting laws are bad! Like GA, many of NY’s restrictions on the right to vote are rooted in racism and xenophobia and need to change. “So, why aren’t you suing NY over early voting and no-excuse absentee balloting right now?” Glad you asked.”

This is a great story. That’s all you need to know.

“Some new research out this week suggests that, for all the high-minded good intentions behind those other strategies, shut the hell up about national politics can actually reduce political polarization — not just at a dinner table, but in an entire community.”

RIP, Yahoo Answers, in case anyone was using it.

“Paige Bueckers has to wait to play in the WNBA because the league never thought there would ever be a player this good, and this young. She’s proof of just how much the game has evolved.”

“Ne’er-do-wells leaked personal data — including phone numbers — for some 553 million Facebook users this week. Facebook says the data was collected before 2020 when it changed things to prevent such information from being scraped from profiles. To my mind, this just reinforces the need to remove mobile phone numbers from all of your online accounts wherever feasible. Meanwhile, if you’re a Facebook product user and want to learn if your data was leaked, there are easy ways to find out.” Basically, bookmark Have I Been Pwned and refer to it any time you see a story like this.

“John de Lancie will reprise his role as Next Generation trickster god Q on Season 2 of Star Trek: Picard“.

“Embattled National Rifle Association chief Wayne LaPierre feared for his safety after mass shootings in recent years, forcing him to take refuge aboard a friend’s luxury yacht, the gun rights advocate testified.”

“New surveys show Americans’ membership in communities of worship has declined sharply in recent years, with less than 50% of the country belonging to a church, synagogue or mosque.”

What is it about Trump voters that makes them such easy marks for scammers?

RIP, Midwin Charles, legal analyst for CNN and MSNBC.

“You can’t complain that right-wing media have usurped the church’s role when the church itself has abdicated that role, refusing to stand up against those usurpers.”

“Why, that sounds like the kind of systemic market failure the [Wall Street] Journal is always insisting can’t happen.”

“The standard explanation for all this is the advent of the coronavirus. The country is in crisis, and Biden is rising to meet the moment. But I don’t buy it. That may explain the American Rescue Plan. But the American Jobs Plan, and the forthcoming American Family Plan, go far beyond the virus. Put together, they are a sweeping indictment of the prepandemic status quo as a disaster for both people and the planet — a status quo that in many cases Biden helped build and certainly never seemed eager to upend.”

Be wary of immigration attorney ads on TikTok.

“That Fyre Fest tweet with the sad sandwich will be auctioned as an NFT for medical expenses“. I got nothin’.

RIP, Prince Philip, Duke of Edinburgh.

RIP, Anne Beatts, original Saturday Night Live writer and creator of Square Pegs.

Everything you wanted to know about muons but were afraid to ask.

RIP, DMX, hip-hop artists and actor.

RIP, Ramsey Clark, former Attorney General and civil rights champion.

DCCC starts with two targets in Texas

Consider this to be written in chalk on the pavement, pending the new Congressional maps.

Rep. Beth Van Duyne

The Democratic Congressional Campaign Committee announced Tuesday that it will target two Republican-held districts in Texas — the ones currently held by Reps. Tony Gonzales of San Antonio and Beth Van Duyne of Irving. They were one of 22 districts nationwide that the committee included on its 2022 target list, which it emphasized as preliminary due to redistricting.

Last election cycle, the DCCC sought to make Texas the centerpiece of its strategy to grow its House majority — and came up woefully short. They initially targeted six seats here and later expanded the list to 10 — and picked up none of them.

Van Duyne’s and Gonzales’ races ended up being the closest. Van Duyne won by 1 percentage point to replace retiring Rep. Kenny Marchant, R-Coppell, while Gonzales notched a 4-point margin to succeed Rep. Will Hurd, R-Helotes, who was also retiring.

The shape of those races remains very much in question more than a year and a half out from Election Day, most notably because Texas lawmakers are expected to redraw congressional district lines in a special session of the state Legislature later this year. Texas is on track to gain multiple congressional seats due to population growth. Republicans control the redistricting process and may be be able to make Gonzales’ and Van Duyne’s seats more secure.

On paper, Van Duyne’s 24th District looks to be the most competitive in 2022. It was the only GOP-held district in Texas that Democratic President Joe Biden won — and he carried it by a healthy margin of 5 points. The DCCC has already run TV ads against Van Duyne this year.

Biden, meanwhile, lost Gonzales’ 23rd District by 2 points. The 23rd District is a perennial swing seat that stretches from San Antonio to near El Paso and includes a large portion of the Texas-Mexico border.

As noted, the Republicans have their target list as well, which will also be affected by whatever the final maps look like as well as any retirements. CD24 is an obvious target, but if the map were to remain exactly as it is now I’d have several CDs higher on my list than CD23 at this point based on 2020 results and demographic direction. I’d make CDs 03, 21, 22, and 31 my top targets, with CDs 02, 06 (modulo the special election), and 10 a rung below. I’d put CD23 in with that second group, but with less conviction because I don’t like the trend lines. Again, this is all playing with Monopoly money until we get new maps.

Just to state my priors up front: I believe there will be electoral opportunities in Texas for Congressional candidates, though they will almost certainly evolve over the course of the decade. I believe that if the economy and President Biden’s approval ratings are solid, the 2022 midterms could be decent to good, and that we are in a different moment than we were in back in 2009-10. I also know fully well that the 2022 election is a long way off and there are many things that can affect the national atmosphere, many of them not great for the incumbent party. I was full of dumb optimism at this time in 2009, that’s for sure. I also had extremely modest expectations for 2018 at this point in that election cycle, too. Nobody knows nothing right now, is what I’m saying.

Where are the stimulus funds for the schools?

Ridiculous.

For more than a year, the federal government has been pumping billions of dollars into school districts across the country to help them meet the demands of the pandemic. Most states have used that pot of stimulus funds as Congress intended: buying personal protective equipment for students and teachers, laptops for kids learning from home, improved ventilation systems for school buildings to prevent virus transmission and covering other costs.

But in Texas, local schools have yet to see an extra dime from the more than $19 billion in federal stimulus money given to the state. After Congress passed the first stimulus bill last year, officials used the state’s $1.3 billion education share to fill other holes in the state budget, leaving public schools with few additional resources to pay for the costs of the pandemic.

Now, educators and advocacy groups worry that the state could do the same thing with the remaining $17.9 billion in funding for Texas public schools from the other two stimulus packages. Because of federal requirements, Texas has to invest over $1 billion of the state’s own budget in higher education to receive the third round of stimulus funding for K-12 public schools. Experts said the state has applied for a waiver to avoid sending that added money to higher education, but the process has caused major delays in local districts receiving funds they desperately need.

“Principals’ budgets are being eaten up with personal protective equipment, with tutoring, with trying to get kids back engaged, while the Legislature is sitting on a whole bunch of money,” said Michelle Smith, the vice president of policy and advocacy for Raise Your Hand Texas. “And that will have an impact on our school districts not just this school year, but for several school years to come.”

A spokesperson for Gov. Greg Abbott told The Texas Tribune that state leaders are waiting for more guidance from the U.S. Department of Education before opening the spigot and letting billions flow down to school districts.

Because of the state’s waiver request, Texas lawmakers likely will not decide how to parcel out the money until they either hear back from Washington D.C., or until the Legislature finalizes its plans for the state budget. But the waiver only applies to the latest stimulus package, so the state could unlock $5.5 billion for education from the second relief bill at any time.

Libby Cohen, the director of advocacy and outreach for Raise Your Hand Texas, said dozens of states are already sending these federal dollars to public schools, and the most recent stimulus package also includes guidance on how to use that money. Texas and New York are the only two states that have provided no additional funding to public schools during the pandemic, according to Laura Yeager, a founder of Just Fund It TX.

“We find it baffling that Texas is pumping the brakes on this particular issue to the extent that it is,” Cohen said. “The dollars are there … and districts need to know if and when they’re coming because they’re writing their budgets right now, and they’re making decisions about summer programming right now.”

Many Texas teachers and administrators say they need money now, and want the Legislature to start funneling the federal funds to school districts as soon as possible.

But state lawmakers holding the most power over budgeting and education funding want the Legislature, instead of local school districts, to decide what to do with these federal stimulus dollars.

“The federal funds will ultimately get to school districts but the overriding question is how should these funds be spent and who should make that decision?” said Rep. Harold Dutton, D-Houston chair of the House Public Education Committee. “I think the primary obligation for educating Texas children vests in the Legislature according to the Texas Constitution.”

I can accept that the Legislature should have oversight of this process, but I don’t accept that they must play the part of approving each allocation. All that does is put a bottleneck on things, at a time when the schools need the funds now. More to the point, it’s not even clear that it will be the Lege making these decisions:

I see even less point to that. There’s a lot of money at stake, not all for the schools, and it makes sense to want to ensure it’s being spent for its intended purposes. But it doesn’t make sense to sit on it and take a lot of time figuring that out, because that money is needed now, especially the money for schools and students.

One more thing to consider: Rising property values, which have fueled an increase in local property tax revenues, have already been used by the Legislature to pay for other things.

Because of the way public schools are funded, a rise in local property tax revenue means the state doesn’t have to send as much money to local school districts. The schools would get the same amount as before — it’s not a budget cut — but the money that might have come from the state comes instead from local school property taxes.

This year, that amounts to $5.5 billion — most of it from property value increases. About 21% of that amount — $1.2 billion — comes from what the Legislative Budget Board called “lower-than-anticipated Average Daily Attendance rates, increased non-General Revenue Funds revenues, and federal Coronavirus Aid, Relief, and Economic Security (CARES) Act funding.”

In plain language, that’s a drop in the average number of students that school funding is based on, money that comes from sources other than state taxes and money from the first round of federal COVID-19 relief.

That last one is a sore spot for local officials, who see the state skimming from a pot of money that was supposed to go to public education. Here’s how that scam works: The money is still going to public education, but the amount the state would have sent is being reduced by the same amount, freeing the state to use money it would have used on schools on some other part of government.

The budgeteers’ word for that is “supplanting” — instead of getting the state money that was coming to them, with the federal money on top, the schools get the same amount of money they’d have received without any federal aid.

Give the schools their money already. There’s no more time to waste. The Chron has more.

No more Greek letter-named hurricanes

Later, Eta.

Sororities and fraternities can keep their Greek letters — hurricanes will no longer use them.

The World Meteorological Organization, which maintains the rotating list of hurricane names and retires storm names when appropriate, has decided to stop using the Greek alphabet for naming storms. These letters were designated for especially active seasons when the list of 21 names was exhausted.

Last Atlantic hurricane season, with a record 30 named storms, used nine letter names from the Greek alphabet. It was only the second time the Greek alphabet was used to name storms.

According to the World Meteorological Organization, this caused several issues. Pulling out the Greek alphabet garnered a lot of attention — perhaps more attention than the storms themselves.

The pronunciation of several Greek letters (Zeta, Eta, Theta) is similar. It can be confusing when storms with similar sounding names occurring simultaneously. There can also be confusion when translating these names into other languages.

But perhaps the biggest issue is how to handle Greek alphabet names that need to be retired. There was no formal plan for retiring Greek names, and during the 2020 Atlantic hurricane season both Hurricane Eta and Hurricane Iota made landfall in Nicaragua as Category 4 storms. Hurricane Iota was the strongest storm at landfall in 2020.

James Franklin, former chief of forecast operations for the National Hurricane Center, suspected the Greek alphabet would be addressed by the Hurricane Committee, which serves North America, Central America and the Caribbean.

The issue had come up before, after the 2005 hurricane season (you remember, the one that included Katrina, Rita, and Wilma), but the Greek-letter-named storms were not big enough to be considered for name retirement, so the issue never got any traction. It’s different now, for obvious reasons. Most likely, there will be a separate B-list of names to use if and when the initial list of 21 names is exhausted, but the final decision is to be determined later. Just so you know.

George P. Bush again talks about running for AG

It would be entertaining, in the way that videos of people getting whacked in the nuts is entertaining.

Texas Land Commissioner George P. Bush said Thursday he is “seriously considering” running for attorney general in 2022 — and detailed how he would challenge the incumbent, embattled fellow Republican Ken Paxton.

“There have been some serious allegations levied against the current attorney general,” Bush said in an interview with Dallas radio host Mark Davis. “Personally I think that the top law enforcement official in Texas needs to be above reproach.”

Bush, the grandson of former President George H.W. Bush and nephew for President George W. Bush, went on to say a Paxton challenge would not be centered on “conservative credentials” but how the incumbent has run his office. “I think character matters and integrity matters,” Bush said.

The land commissioner, currently in his second term, has for months kept open the possibility of running for another statewide office in 2022 — including attorney general — but his remarks Thursday offered the starkest indication yet that he is focused on Paxton. Bush did not give a timeline for a decision on the race beyond saying he is currently focused on the legislation session and will visit with voters afterward. The session ends May 31.

See here for the background. I don’t have a whole lot to add to what I said before, but I do wonder what P Bush thinks his winning coalition looks like in the primary. I mean sure, Paxton is up to his left nostril in scandal, but what evidence is there that the typical Republican primary voter cares about that? Paxton has repeatedly shown his bona fides to Donald Trump. I welcome the avalanche of mud that would be flung between the two of them, but if Vegas ever puts out a betting line on this one, my ten-spot will be on Paxton to win and cover the spread. Maybe if he actually gets arrested by the FBI by then I’ll reconsider, but for now, I don’t see how P beats him. Please feel free to try to convince me otherwise.

(Since someone asked in the comments to the last post, P Bush does have a law degree, according to Wikipedia. The state of Texas does not require the AG to be an attorney, however. It’s not the AG’s job to argue cases – that’s what the Solicitor General and the various deputy AGs do. He’s the manager, no law license required.)

Appellate court redistricting bill withdrawn

I had a post all ready to go yesterday with more on the bill to redistrict the appellate courts, and then this happened on Thursday night:

This is not the end of it – there will be at least one special session on legislative redistricting, after all – but whatever does happen, it won’t be in this session. So the post that I had queued up for Friday morning became out of date, and so here we are. The original post is beneath the fold because it’s still worth reading, so click on for more. Whatever made this delay happen, I’m glad for it. Hopefully we will get a better bill out of this in the end, but we can’t take that for granted. The Chron story from Friday about this is here.

(more…)

Where HISD stands today

In a holding pattern, waiting for direction.

In the winter of 2019, two committees composed of Houston ISD employees, parents and advocates issued recommendations for how the district should tackle two of its thorniest issues: campus funding practices and access to magnet programs.

Some of the proposals would require sacrifice, committee members warned, including the potential closure of low-enrollment campuses and the elimination of magnet funding to elementary schools. Yet other recommendations, such as staffing all schools with essential support personnel and expanding magnet programs to all neighborhood middle and high schools, would offer more opportunities to students with the greatest needs, they said.

Two years later, HISD administrators and school board members have implemented few of the proposals, let alone discussed them at length publicly.

The inaction, local leaders and advocates said, speaks to a pattern in the Houston Independent School District of avoiding difficult but potentially consequential reforms in recent years, leaving the state’s largest school system mired in a status quo that holds back lower-income children of color.

Despite receiving numerous studies, investigative reports and committee proposals, HISD administrators and board members have not moved swiftly to address multiple challenges. The festering issues include inequitable distribution of resources and programs, declining student enrollment, inadequate support of students with disabilities, lagging employee pay and the long-term viability of small campuses.

The reasons for the paralysis are numerous — a fractured school board, a reticent administration, the ever-present threat of a state takeover, and once-in-a-generation natural and public health disasters — but each reflect how a $2-billion bureaucracy can become stagnant in the face of calls for reform.

“It feels like HISD has been in a holding pattern, and any type of substantive change hits a wall pretty quickly,” said Jaison Oliver, a community advocate who has urged HISD to implement multiple educational and social justice reforms.

The article delves into the reasons and the prognoses from there, and you can read the rest. Broadly speaking, while the district continues to perform well overall, racial and economic gaps exist, special education is still a mess, the magnet program remains controversial, and the school board is still divided. Harvey, coronavirus, and now the freeze have caused enough disruption to make anything beyond crisis management nearly impossible to attain, and oh yeah, there’s no Superintendent but there is a continuing threat of state takeover. In some ways it’s a miracle the district is performing at all. Maybe there’s some light in the tunnel now, we’ll see. Read the story and see what you think.

Watson seeks names of accusers

This was going to happen sooner or later.

Attorneys for Texans quarterback Deshaun Watson on Thursday urged several state courts to require the disclosure of the names of the women accusing him of sexual assault and harassment — a move one legal expert called an intimidation tactic.

In a new court filing, defense lawyer Rusty Hardin lambasted the women’s attorney, Tony Buzbee, for holding a “trial by press conference” and making it difficult for Watson to respond to the 22 separate accusations without knowing who filed suit. The anonymous women, most of whom are massage therapists, allege that Watson assaulted or harassed them during sessions in 2020 and 2021 in Texas, California, Georgia or Arizona.

Hardin filed multiple requests Thursday but said he intended to file them in all of the women’s cases.

“Through the spectacle of the last few weeks, Mr. Watson has been unable to responsibly defend himself in the face of overwhelming national media coverage,” Hardin said in the filing for a special exception to the original petition. “Mr. Watson’s counsel cannot in good conscience publicly respond to the specific allegations being made because any response would be based on dangerous speculation about the identity of the accusers.”

[…]

The women are all officially listed as “Jane Doe” in court documents. Two Texas Rules of Civil Procedure prevent plaintiffs from filing civil claims using pseudonyms, Hardin said. One rule requires plaintiffs to state their name if it is known, and the other requires giving the defense fair notice of the claims involved. An exception is made for minors in sex assault cases.

A judge could potentially permit the defense to learn the identities of the plaintiffs but order the names not be released publicly, University of Houston law professor Meredith Duncan said.

Tahira Khan Merritt, a Texas attorney who litigates civil sex assault cases in state and federal court, said judges have discretion as to whether they would allow the case to proceed under a pseudonym. Prohibiting a pseudonym would merely be an intimidation tactic so early in a case, she said.

“The use of pseudonyms is very common across the United States,” Merritt said. “The only reason they would push it is to shut the victim up and discourage others from coming forward.”

Buzbee previously told Hardin he could provide the names if they used a confidentiality order, Hardin said.

As we know, two accusers have come forward publicly, but the others have not. At the court hearings today, they got some of what they wanted.

Two Harris County judges ordered in separate hearings on Friday that Tony Buzbee refile sexual assault and harassment cases against quarterback Deshaun Watson with the names of the accusers made public.

State district Judge Dedra Davis granted defense attorney Rusty Hardin’s request and asked that Buzbee refile a case in her court and disclose one of the women’s names within two days. Buzbee had suggested a private disclosure to Hardin for the women, who were initially all listed as “Jane Doe.”

A second judge, Rabeea Sultan Collier, made the same determination in the cases of three other women late Friday morning. Ten other women agreed to allow Buzbee to release their identities, and the woman in Davis’ court was “emboldened” and told Buzbee not to fight the judge’s decision, he said.

[…]

Hardin told Collier that making names public, while a concern for women’s safety, is also necessary for the defense. Since Solis and one other woman identified themselves during a Tuesday news conference, his team has received information about them from outside parties, he said.

Davis agreed that both parties needed fair treatment and that the women needed to be protected. But she agreed with Hardin that his use of publicizing the case in the media hurt his arguments.

“Everything’s been thrown into the spotlight,” she said. “I understand that you said in private you will allow the accuser to be known but it’s been very public.”

Collier heard arguments about 12 cases, nine of which were moot since the women agreed to have their names released. Solis’ case, the first to be filed, landed in her court, which means it is customary that any consolidation of cases would also move to her courtroom.

Hardin and Buzbee also agreed on a consolidation agreement Friday. All 22 women’s cases will proceed in Collier’s court before trial, but would move back to their original courts for a trial.

OK then. There are still hearings to be had for the remaining women, so we’ll see how that goes. We also now have a preview of the defense.

Deshaun Watson’s attorneys on Friday issued their first extensive defense of the star quarterback, alleging that every sexual act he partook in was consensual.

Rusty Hardin and a team of four women spoke from the Hilton Americas hotel downtown, issuing statements of support to the media and apologizing for remaining quiet as Watson was hit with 22 separate lawsuits of sexual assault and harassment. But the veteran, high-profile defense attorney also prodded reporters to look more closely at the behavior of the women’s lawyer, Tony Buzbee, who he said withheld the names of the anonymous plaintiffs until it was vital that they be made public through an emergency hearing.

[…]

Watson has been receiving two to three massages a week for four years, totaling sometimes to 150 a year, Hardin said. Most of the allegations seem to stem from 2020 and 2021 because the massage industry has changed over the course of the pandemic with the closure of spas and tendency of massage therapists to turn to Instagram for marketing, he said.

Watson, 25, largely operates from Instagram, and he doesn’t have a large team of massage therapists at his disposal through the Texans as many would believe, his attorneys said.

The female attorneys at the press conference clarified that they were not the only people from Hardin’s office on the lawsuits and did not appear to speak for appearances. They were only there because they wholeheartedly believe Watson, they said.

Attorney Leticia Quinones, a sexual assault survivor herself, said that she and other women on the team personally met with Watson and were convinced of his innocence. She urged the public to look at Watson’s “credit history” of good deeds in the community and success in overcoming a rough childhood.

She said Watson has a target on his back after signing a $160 million contract. He’s separately trying to leave the Texans.

“This 25 year old man was thrown in the depths of something he wasn’t accustomed to – money fam and stardom,” Quinones said.

Quinones added however, “I don’t discount anything that a young woman believes happens to her,” and after taking questions, Hardin agreed that “good guys” are capable of doing bad things.

Hardin said he simply wants to move the needle back to the middle in terms of public discourse following weeks of attacks from Buzbee’s team.

I’ve tried not to jump to any conclusions as the plaintiffs have made their accusations, and I’m going to continue to try to stay neutral as the defense begins to speak. There is sure to be a lot more said on all of this. Sean Pendergast has more.

House committee passes its voter suppression bill

I remain pessimistic about this, but we have no choice but to fight.

A Texas House committee on Thursday advanced an elections bill that would make it a state jail felony for local election officials to distribute an application to vote by mail to a voter who didn’t request one.

House Bill 6 is part of a broader Republican effort this year to enact wide-ranging changes to elections in Texas that would ratchet up the state’s already restrictive election rules in the name of “election integrity” despite little to no evidence of widespread fraud. The legislation was approved by the House Elections Committee on a party line vote with only Republicans voting in favor of it.

Like other Republican proposals, the measure would target Harris County’s initiatives from the 2020 general election, including a shift to proactively send out vote-by-mail applications. Various counties sent unsolicited applications to voters who were 65 years and older, who automatically qualify to vote by mail in Texas. But Republicans’ ire fell on Harris County officials when they attempted to send applications to all 2.4 million registered voters in the county with specific instructions on how to determine if they were eligible. The Texas Supreme Court ultimately blocked that effort.

HB 6, by Republican state Rep. Briscoe Cain, would also set up new rules for people assisting voters — like those with disabilities or those who speak languages other than English — in casting their ballots. Voters can select anyone to help them through the voting process as long as they’re not an employer or a union leader. But the bill would require those helping voters to disclose the reason they need help.

The bill now heads to the House Calendars Committee, which determines whether bills make it to the full Texas House for a vote.

[…]

The bill also picked up opposition from civil rights groups who raised the prospect that the legislation violates federal safeguards for voters of color who would be treated differently for being more likely to need assistance and concerns about the punitive nature of the bill against election workers. Advocates for people with disabilities worried it could violate the federal Americans with Disabilities Act and cautioned against complicating the voting process for voters with disabilities by creating new requirements for the individuals they select to help them.

“You can’t any longer help an elderly constituent by providing them with a mail in ballot application — this is truly incredible,” said Gary Bledsoe, president of Texas NAACP. “There’s only one reason to create criminal laws and that is to dissuade minority voters and [minority] voting officials.”

See here for the previous update. I’m going to spare myself a little work by pointing you to some other people who have done the work of highlighting how and why HB6 is just as dangerous as SB7. For example, the latest defensive maneuver by Dan Patrick and now Speaker Dade Phelan is to claim that the critics of these bills just haven’t read them, and to double-dog-dare them to point out any restictionist provisions they allegedly contain. Well, challenge accepted:

I presume she’ll follow with a thread for HB6, but give her a little time. Also, as a historical note, Jamelle Bouie reminds us that the Jim Crow laws of the old South never actually said they were intended to keep Black Americans from voting. They were just restrictions on voting that technically affected everyone but which the lawmakers knew and intended would have a much greater effect on Black voters (and which they could ensure via enforcement). Ignorance of history (real or feigned) is no excuse for trying to repeat it.

The real danger in these bills has to do with their elevating poll watchers into some kind of protected group. Why is that a problem? Because poll watchers are unvetted partisans, and in Texas their main role is making voters of color feel harassed:

What could possibly go wrong? This video has already generated some national coverage. One hopes that’s just the beginning.

Finally, while HB6 and SB7 are the big headliner voter-suppression bills, there are a lot of smaller, more targeted voter-suppression bills to watch out for as well:

So now you know. The Texas Signal and Popular Information, which goes deep on Dan Patrick, have more.

Where are we with Houston police reform?

It feels like it’s been on the back burner for awhile, but we’re about to get some action this month.

Mayor Sylvester Turner

Houston officials are developing a system for residents to report police misconduct online and will announce changes later this month to the city’s body camera policies and Independent Police Oversight Board, Mayor Sylvester Turner said.

Turner responded Tuesday to written questions from the Chronicle, more than six months after his police reform task force released a lengthy report with more than 100 recommended changes to the Houston Police Department, including stricter disciplinary rules for officers and an overhaul of the police oversight board. Though the mayor endorsed “almost all” of the task force’s recommendations at the time they were released, he has yet to announce any major policy changes and has enacted only a handful of the smaller proposals that task force members said could be carried out within 90 days.

The slow pace has unsettled police reform advocates.

“We haven’t made any meaningful progress since the George Floyd protests, just forget about it,” said Alan M. de León, an organizer with MOVE Texas. “Whether the oversight board, union contract negotiation, or crisis intervention, on no front are we making meaningful progress, and that’s completely disappointing.”

The mayor, who controls the city council agenda and policy changes, said he plans to hire staff within the city’s Office of Inspector General — including a deputy inspector general — as his task force recommended. Turner also said he supports body cameras recommendations, including publicly releasing footage of major incidents within 30 days and installing dashboard cameras in all cop cars, and promised more details later this month.

Those pushing for police reform hope new Police Chief Troy Finner, a native Houstonian who took over Monday, will push reform. Since being appointed in March, Finner has promised to meet with and listen to reformers.

“You could tell he wanted changes to happen,” said Harrison Guy, a police reform task force member who met with Finner twice last year. “I feel like (former chief Art Acevedo) led with a lot of ego, so I felt like he got in the way of a lot of change.”

[…]

Lacy Wolf, president of the Texas Gulf Coast Area Labor Federation, said Turner’s administration has not updated task force members on the status of their recommendations. However, Wolf said after seeing bureaucratic barriers that delay reforms, he is more forgiving than some fellow union members.

“But if I put myself back in that place I was at (last summer), I could see why people would be frustrated.”

Bobby Singh, another member of the task force, said he believed Turner viewed policing reform as among the most significant policy issues of his administration.

“This is going to be a legacy line item for him,” he said.

I sure hope so. Someone once said that it’s better to be right slow than to be wrong quick. There are limitations to that, and I don’t blame anyone for feeling like this has taken too damn long, but when all is said and done either Mayor Turner has delivered on this promise or he hasn’t. I believe he can, but we still have to see what changes he makes.

One more thing:

In September, HPD joined Harris County’s cite-and-release program, which allows police officers to issue tickets for various low-level crimes instead of arresting people, fulfilling another task force recommendation.

But despite much fanfare, reform advocates say the city has failed to provide data about whether police are actually using the new rules to arrest fewer residents than before it was enacted. They said city officials told them no information was available.

“It seems like the police department is completely ignoring the mayor’s executive order, and has no intention of complying unless the county collects this data,” said Nicholas Hudson, a policy and advocacy strategist with the ACLU of Texas.

Not to get all “run it like a business” on you, but one thing I have learned in a million years of working for a large company is that if you can’t (or don’t) measure something, you can’t say anything about it. Either you provide an objective metric to show how something is or isn’t changing over time, or it’s all talk. This should be an easy fix, and it’s the only way anyone will know if HPD is doing what it says it’s doing. We have to do better than this.

Our COVID numbers are staying down

Let’s keep this going.

While the East Coast struggles with a fourth wave of rising COVID-19 infections, Texas experts say the state is doing “reasonably well” as case rates stabilize across the state.

Case rates and hospitalizations have plateaued in the region in recent weeks, averaging roughly 3,500 new daily reported cases, the lowest it’s been since early-to-mid September. The decline in hospitalizations has been an even more welcome trend, with fewer than 3,000 patients hospitalized for COVID, the lowest it’s been since June.

Medical experts such as Dr. Carl Vartian, an infectious disease specialist and chief medical officer at HCA Houston Healthcare Clear Lake and Mainland hospitals, suspect the winter freeze, increasing vaccination rates and the prevalence of antibodies in Texas’ population have kept case rates low over the last month.

[…]

“Texas is doing better than most states, which are seeing a pretty sharp rise in the number of daily new cases,” said Ben Neuman, a virologist at Texas A&M University.

The lower rate of infections doesn’t mean that Texans can let their guard down, though. Fewer than 37 percent of state residents have received at least one dose of the COVID-19 vaccine, and just over 20 percent have been fully vaccinated.

“You have to plateau before you rise, and I think that’s where we’re headed,” Neuman said.

The flat line of case rates starts with a sharp drop-off in testing. According to data from the Department of State Health Services, results from PCR testing dropped sharply during the winter freeze in February, and have not rebounded. As of April, Texas is testing at just half the rate it was before the state iced over.

While the number of daily tests has declined heavily, so too has the positive test rate. It’s now under 5 percent, and the second-lowest it’s been since the start of the pandemic, according to state data. Even with the reduced number of tests being conducted, fewer people are testing positive for COVID.

The low number of tests mean there could be a lag before a potential surge, Neuman said.

In Houston, medical experts are cautiously optimistic there won’t be a rise.

Usually, case rates spike first, followed by hospitalizations the week after and ventilator demand and deaths after that. So far, all three have stayed low in Houston, Vartian said.

The freeze was basically a one-week lockdown in the middle of February, and that no doubt helped keep infections down. I don’t know what it’s like anywhere else, but at least in my little part of the world people are still masking up, despite the Governor’s order. I won’t extrapolate from such a limited data point, but I feel hopeful that at least in the big cities people are still inclined to be cautious.

And I take heart at the progress in getting shots into arms. The Astros are getting their shots. The Rockets are getting their shots. Judge Hidalgo has gotten her first shot. People are celebrating the ways that their lives have been improved by getting vaccinated. (Can confirm, by the way.) I’m hopeful. We still have to be careful, but I can see the road ahead, and it’s going someplace good.

Paxton sued by Twitter users

Maybe he should just get offline.

Best mugshot ever

A group of Texans and a free speech advocacy group are suing Texas Attorney General Ken Paxton in federal court, accusing him of unconstitutionally blocking nine people on Twitter for criticizing him or his policies on the platform.

The lawsuit also argues that being blocked from viewing Paxton’s tweets is a violation of the First Amendment because it limits the right of people to participate in a public forum and access statements made by Paxton. The account mentioned in the lawsuit, @KenPaxtonTX, is a separate account from the official account of the Office of the Texas Attorney General.

But Paxton uses the account to make official announcements, comment on local issues and defend his policies, according to the lawsuit.

“This information is relevant not just to the residents of Texas but to Americans more generally, given the national scope of many of the matters the Texas Attorney General’s office tackles,” the lawsuit says. “Those who are blocked from the @KenPaxtonTX account are impeded in their ability to learn information that is shared only through that account.”

[…]

According to the Texas lawsuit against Paxton, one plaintiff realized they were blocked after replying to a tweet from Paxton in January about a MAGA rally with “Enjoy the fresh air before you go to prison, Kenneth!” Another Twitter user learned they were blocked after replying with “wear a mask nerd” to Paxton’s tweet with a photo of him and another person at the Conservative Political Action Conference without masks, the lawsuit states.

Paxton’s action of blocking people who criticize him appears to be widespread, and he has “blocked many other individuals from the @KenPaxtonTX account based on their viewpoints,” according to the lawsuit.

The lawsuit asks a federal court to order that Paxton’s action of blocking users based on their critical tweets violates the First Amendment. The plaintiffs are also asking for Paxton to unblock them and everyone else who was blocked from the @KenPaxtonTX account “based on their viewpoints.”

As the story notes, there was a successful lawsuit against Donald Trump for the same thing – a federal appeals court ruled that Trump violated the First Amendment when he blocked Twitter followers, on his personal account that was also used to make official announcements. The suit was ultimately mooted by SCOTUS following Trump’s electoral loss and banishment from Twitter, so the issue isn’t fully resolved. It sure sounds to me like these plaintiffs have a strong case, though. Paxton is also involved in a separate fight with Twitter, because that’s the world we live in these days. I will of course keep an eye on this. The Chron has more.

Harris County Attorney sues Juul

From the inbox:

Christian Menefee

Harris County Attorney Christian D. Menefee filed a lawsuit Thursday in California state court against e-cigarette company JUUL and several of its executives. Harris County is the first governmental entity in Texas to join the nationwide fight to hold JUUL accountable for the deliberate and deceptive marketing of its highly addictive and destructive products to young people.

“JUUL took its marketing plan from the tobacco industry’s template by creating an image that would lure teenagers. JUUL’s vaping devices are designed to appear like a slick, high-tech gadget that’s attractive to young people. The brand even offers kid-friendly flavors like mango and cool mint,” said Harris County Attorney Menefee. “Cigarette companies were long ago barred from engaging in this type of marketing. Our youth do not deserve to be exploited by a company looking for a lifetime of profits. My office will hold JUUL accountable for its exploitative and negligent practices designed to create the next generation of nicotine users. Lawsuits were a major reason that federal regulators finally reined in cigarette industry, which has caused so much death in this country. I will continue that tradition by making sure JUUL doesn’t get away with the same behavior.”

The lawsuit contends JUUL targeted young people by using social media to showcase the product as a lifestyle brand. The company also adopted a “Make the Switch” campaign to mislead the public that e-cigarettes were benign smoking cessation devices, even though JUUL was never designed to break addictions.

In fact, JUUL’s e-cigarettes were designed to maximize addiction through its patented nicotine delivery mechanism. The CDC’s website warns of nicotine’s harmful effects on the developing brains of adolescents, and how JUUL’s products have also caused lung and cardiovascular injuries. JUUL also took advantage of the loose regulations for e-cigarettes, and made sure its products and advertising do not contain any health risk warnings.

As part of this lawsuit, the Harris County Attorney’s Office is also suing cigarette giant Altria, which owns 35% of JUUL and other companies like Philip Morris. Altria was instrumental in helping JUUL develop its marketing tactics, using its well-developed playbook.

You can see a copy of the lawsuit here – it’s quite long. This was filed in California because that’s where Juul is based, but there’s more to it than that. There’s already a bunch of lawsuits against Juul over its marketing practices in California, and they are basically combined in what is known as a Judicial Council Coordinated Proceeding, their term for when there are multiple similar lawsuits across different judicial districts. This Law.com article, which is mostly paywalled, gives a bit of an outline of what that means. If you look at the Harris County filing, you’ll see that it’s also in this JCCP, in the same court that the Law.com story references.

As I understand it, these cases all have similar claims, some filed by government entities and some by private plaintiffs, and a subset of lawyers from them will lead the litigation. The idea is for Harris County to be among them. Harris is the first county in Texas to file this kind of lawsuit against Juul. The county needed to get permission from the Attorney General’s office to hire outside counsel for the suit, on a contingency basis, which it has received. Other state AGs have taken action themselves, including California and New York. It’s certainly possible that Texas will follow along that path – I’m old enough to remember the massive tobacco lawsuit settlement that Texas and then-AG Dan Morales got in the 90s – but that remains to be seen. If that does happen, the state can file its lawsuit here.

The only news story I found relating to this when I looked was from Click2Houston, which mostly recaps the press release. I’ll be keeping an eye on this.

Show me your vaccine papers!

Wiat, wrong papers. Forget I just said that.

Gov. Greg Abbot issued an executive order early Tuesday banning state agencies from requiring “vaccine passports” to enter public spaces or receive public services.

The passports, either digital or printed, would verify that a person has been fully immunized against COVID-19 and allow people to more freely travel and shop.

So far, they only exist in a limited capacity in New York. Still, the passports have emerged as the latest subject of political clashes over the virus, with GOP politicians decrying the passes as an infringement on individual rights.

“Government should not require any Texan to show proof of vaccination and reveal private health information just to go about their daily lives,” Abbott said in a news release. “We will continue to vaccinate more Texans and protect public health — and we will do so without treading on Texans’ personal freedoms.”

“Unless you want to get an abortion or cast a vote, in which case we’ll be all up in your grill,” he did not say. I’m not going to waste your time on this silliness, but I will leave you these two items to ponder:

You just can’t make this stuff up.

The infrastructure bill and the Hobby Airport light rail extension

More good thing we could get from the eventual Infrastructure Bill.

Houston was made and marketed by the slogan “where 17 railroads meet the sea.” Local elected officials now think its short-term future, and the local success of a proposed $2 trillion infrastructure package, is getting light rail to Hobby Airport.

“Yes, there will be some repaired bridges, that’s very important,” Rep. Sheila Jackson Lee, D-Houston, said Thursday along a stubbed section of rail south of MacGregor Park. “But in an urban center like this, I hope everybody can see we will get a route to Hobby Airport and other routes that have been waiting to enhance the quality of life for our citizens.”

The national debate over infrastructure places one of the most expensive and controversial projects in Metro’s long-range transit plan front and center locally as officials juggle dozens of smaller bus-focused projects, as well as expansion of bus rapid transit across the region.

Lee, joined by elected officials, Metropolitan Transit Authority leadership and community groups, said new train service to the airport — through struggling areas ripe for investment — could be a primary local benefit of a proposed infrastructure package by the Biden Administration.

“This will be life-changing for them,” community advocate Cesar Espinosa said of the students and elderly residents in southeast Houston who need improved transit options that connect them to major locations, such as downtown and Hobby Airport.

[…]

That allowance for planning and prioritizing projects that have local support and ready planning is what officials argue makes light rail appealing. Metro in 2019 won voter approval of a $7.5 billion long-range plan that included a $2.1 billion for light rail expansion, the bulk of that aimed at Hobby rail expansion.

Years of study and planning are needed to finalize the proposed light rail extensions, but Metro officials have suggested a route that extends the Purple Line from the Palm Center Transit Center along Griggs and Long, where it would connect to the Green Line and both would operate along shared tracks into the airport.

Getting the Green Line to Telephone Road or somewhere close remains undecided. Various officials prefer different routes and there has yet to be consensus in the community over whether to use Telephone or Broadway.

Wherever the line eventually is located, officials said they expect it to be a major boost, not only for jobs during construction, but for development in the future.

“If the president’s plan is implemented it will absolutely transform our community,” said Carrin Patman, chairwoman of the Metro board.

The original idea (click to expand MetroRail LRT) was to extend the Green and Purple lines separately, and have them both go to Hobby. That was expensive and there were questions about the routes, so in the end the plan was one extension to Hobby, route to be determined as noted above. Funding for that would come later, but could be greatly accelerated if the Infrastructure Plan That Is Not Yet A Bill develops as hoped. The intent is to boost local transit, and this would certainly do that. Maybe we could even get that extension to Washington Avenue on the other end of the line. A boy can hope, can’t he?

Texas blog roundup for the week of April 5

The Texas Progressive Alliance bids “bon voyage” to the Ever Given as it brings you this week’s roundup.

(more…)

A Watson accuser has come forward

Listen to what she says.

The first of 22 women to file a sexual assault and harassment lawsuit against Texans quarterback Deshaun Watson spoke out on Tuesday, coming forward publicly in response to the defense team’s questions over the accusers’ identities.

At a news conference in attorney Tony Buzbee’s downtown high rise office, licensed massage therapist Ashley Solis shared her experience as a woman who is now struggling in her profession in the aftermath of the alleged assault. Buzbee then distributed pages of documents showing messages that he claims Watson sent to some of his clients, and his associates named a second woman who filed one of the lawsuits.

Solis said she now has difficulty touching patients without shaking, and on several occasions she has had to end sessions early.

“We were all deceived into thinking that Deshaun Watson was a great guy,” Solis said. “Unfortunately we know that good guys can do terrible things.”

Watson’s attorney, Rusty Hardin, released a lengthy statement containing a series of email exchanges allegedly between Buzbee’s camp and a Watson representative, claiming Buzbee sought $100,000 to settle Solis’ allegations just one month before he filed her suit.

“Mr. Buzbee himself repeatedly claimed that the litigation he filed on behalf of other Jane Does ‘isn’t about money,’” Hardin said. “In fact, according to the documentation below, Mr. Buzbee sought $100,000 in hush money.”

Separately, he said Buzbee has not turned over any of the documents he shared with the media. Hardin has previously criticized Buzbee for failing to give him the names of his clients, which he says prevents him from investigating the claims.

See here for the previous update. I would much rather live in a world where no one ever had any reason to accuse Deshaun Watson – or anyone else, for that matter – of any kind of inappropriate sexual behavior. One is allowed to have complicated feelings about all of this. I’m still wrestling with a lot of contradictory emotions and reactions, and I’m a pretty lukewarm Texans fan. While Deshaun Watson and Rusty Hardin have the right to defend his actions and his reputation, Ashley Solis deserves to be treated with respect. She’s already being attacked by trolls, which is a great illustration of why very few women make this kind of accusation lightly, and why most of these plaintiffs have remained nameless so far. Watson and Hardin will get their chance to question her account and her veracity, and we will get to make up our own minds about it, hopefully once all the evidence is in. Let’s all please try not to be jackasses about this.

I mention Watson and Hardin defending Watson’s reputation because that is very much at issue here.

Nike has suspended its business relationship with Texans quarterback Deshaun Watson, who is facing 22 civil lawsuits that allege sexual assault and harassment.

“We are deeply concerned by the disturbing allegations and have suspended Deshaun Watson,” Nike said in a statement e-mailed to the Chronicle. “We will continue to closely monitor the situation.”

Beats by Dre also has terminated its relationship with Deshaun Watson, according to sources not authorized to speak publicly. Watson had a business relationship with Beats by Dre since he was drafted in the first round in 2017 out of Clemson.

Also, Reliant Energy has dropped its relationship with Watson as a brand ambassador is over.

“Reliant is aware of pending civil lawsuits and a criminal investigation involving Deshaun Watson, Houston Texans quarterback,” Reliant said in an email. “Our relationship with Watson as a brand ambassador was scheduled to end this spring prior to these allegations, and there are no plans for future engagements or contracts with him. We take accusations of this nature very seriously. With respect to the legal process, we do not have any further comment on this matter.”

Not hard to understand why these companies took this action. The stakes overall are a lot higher than endorsement deals, but this is a significant development. Sean Pendergast has more.

Mike Collier gearing up again

I was hoping he’d be back.

Mike Collier

Mike Collier, the 2018 Democratic nominee for lieutenant governor who lost to Dan Patrick by 5 percentage points, is gearing up for another run.

Collier is launching an exploratory committee to challenge Patrick again next year, though he said it is more of a “confirmatory” committee and that he is “intent on doing this.”

“This is a rematch, and it’s all about holding Dan Patrick accountable,” Collier said in an interview, arguing that two major recent events — the winter weather emergency and coronavirus pandemic — have shown “what poor leadership does in the state of Texas.”

Collier, a Houston-area accountant, said he plans to pitch himself much like he did in 2018, playing the mild-mannered policy wonk to Patrick’s conservative firebrand. But he said he believes he has additional factors working in his favor this time, and not just the recent crises that have put a harsh spotlight on Texas Republican leaders. He has assembled a top-flight campaign team, is better-known statewide than ever and believes President Joe Biden will be an asset, not a liability, next year in Texas.

“Biden, I believe, is going to be a very popular president because his policies make sense, and then we have COVID, and then we have an insurrection, and then we have a power crisis, and all sorts of reasons for people to pay attention,” Collier said. “So you roll all that together, and I think it’s a very winnable race.”

Collier remained politically active after his 2018 run, continuing to criticize Patrick and endorsing Biden early in the 2020 primary. Collier went on to serve as a senior adviser to Biden’s Texas campaign in the general election.

Collier’s campaign-in-waiting includes alumni of Biden’s campaign both nationally and in Texas. Collier is working with ALG Research, Biden’s pollster, as well as Crystal Perkins, the former Texas Democratic Party executive director who was Biden’s finance director for a region that included Texas.

Collier acknowledged he needs to raise more money than he did in 2018, when he collected $1.3 million over the two-year election cycle, a fraction of Patrick’s fundraising. However, Collier said his team has “already been in communication with the donors [for 2022] and we feel very bullish about that.”

I’m a longtime fan of Mike Collier, and I think he’s an asset on the ticket. He’s correctly identified his main weakness from 2018, and appears to be working on it. The thing about running against Dan Patrick is that you can let him grab most of the attention – it’s not like you can prevent him from doing that – but you do need to be able to remind everyone that they have another choice. Collier was a top performer in 2018 because he was an acceptable choice to voters who were sick of Patrick. If he can build on that – and if he’s right about the national atmosphere and President Biden’s relative popularity – he can win. The Chron has more.

Charter amendment petitions are in

I need a simpler name for this thing, so that Future Me will have an easier time searching for relevant posts.

Houston voters likely will get to decide in November whether City Council members should have the power to place items on the weekly City Hall agenda, a power currently reserved for the mayor.

A group called the Houston Charter Amendment Petition Coalition on Monday delivered a measure with nearly 40,000 signatures to the city secretary, who now has 30 days to verify them. It takes 20,000 to get the issue onto the ballot.

If the city secretary approves the signatures, the issue likely would go to voters in November. It would allow any three of the City Council’s 16 members to join forces to place an item on the weekly agenda, when the council votes on actions. The mayor now has nearly full control of the schedule in Houston’s strong mayor form of government.

[…]

Two of the council’s 16 members, Amy Peck and Michael Kubosh, showed their support at the press conference Monday when the coalition delivered its signatures.

The coalition includes a broad group of political groups, including the Houston firefighters’ union, the Harris County Republican Party, and the Houston chapter of the Democratic Socialists of America.

But the opposition is similarly wide-ranging. In addition to Turner, a Democrat, conservative Councilmember Greg Travis also thinks it would be harmful. He would be open to other reforms, but three members is too low a bar, Travis said, and would result in “all kinds of irrational, wacky, inefficient” items reaching the council.

“You don’t sit there and open a Pandora’s box,” Travis said. “It’s not the correct solution to the problem.”

See here and here for the background. “Houston Charter Amendment Petition Coalition” it is, I guess, but that’s still pretty damn generic. I must admit, I’m a little surprised to see CM Travis speak against this, since I had him pegged as a chief contributor to the forthcoming irrational wackiness. Good to know that our local politics can still surprise me.

If nothing else, this will be an interesting test of the ability for a (potentially high-profile) charter referendum to generate turnout, since this is a non-Mayoral election year. Turnout in 2017, the previous (and only so far) non-city election year was 101K, with the various pension obligation bonds that were a (forced) part of the pension reform deal as the main driver of interest. By comparison, the 2007 and 2011 elections, with their sleepy Mayoral races, each had about 125K voters, and that’s at a time with fewer registered voters (about 920K in Harris County in 2011, and 1.052 million in 2017). I’m not going to make any wild-ass guesses about turnout now, when we have yet to see what either a pro- or con- campaign might look like, but for sure 100K is a dead minimum given the data we have. At a similar turnout level for 2007/2011, and accounting for the increase in RVs since then (probably about 1.1 million now; it was 1.085 million in 2019), we’re talking 140-150K. Those are your hardcore, there’s-an-election-so-I’m-voting voters. We’ll see if we can beat that.

More local pushback against SB7 and HB6

From the inbox:

Mayor Sylvester Turner invited a diverse group of elected officials, community leaders, and business executives to stand in solidarity against voter suppression bills in the Texas Legislature.

More than 50 individuals and organizations have vowed to fight Senate Bill 7 and House Bill 6, which would make voting more difficult and less accessible to people of color and people with disabilities.

“The right to vote is sacred. In the 1800’s and 1900’s in this country, women, and people of color had to fight to obtain that right to vote,” Mayor Turner said. “In 2021, we find ourselves again fighting bills filed in legislatures across this country that would restrict and suppress the right of people to vote. These bills are Jim Crow 2.0.”

In addition to elected and appointed officials from Harris and Fort Bend Counties, prominent attorneys, Christian, Jewish and Muslim faith-based leaders joined the mayor Monday afternoon.

Representatives from the following organizations were also present:

NAACP, Houston Area Urban League, Houston LGBT Chamber of Commerce, Houston Asian Chamber of Commerce, League of Women Voters Houston, Houston in Action, FIEL, ACLU, Communications Workers of American, IAPAC, Mi Familia Vota, Houston Black Chamber of Commerce, Southwest Pipe Trades Association, National Federation for the Blind of Texas, Houston Hispanic Chamber of Commerce, Anti-Defamation League (ADL), Employment & Training Centers, Inc. and others.

Watch the entire voter suppression news conference here.

I’ll get to the Chron story on this in a minute. The TV stations were at this presser, and KTRK had the best coverage.

Mayor Sylvester Turner hit at a GOP-led effort that lawmakers say protects the integrity of Texas ballots, but what leaders around Houston believe do nothing but suppress the right to vote.

Turner was joined by leaders including Harris County Judge Lina Hidalgo and Fort Bend County Judge K.P. George at the George R. Brown Convention Center on Monday.

Multiple major corporations based in Texas have already spoken out in opposition to Republican-led legislative proposals to further restrict voting in Texas.

[…]

Both measures are legislative priorities for Texas Republicans, who this year are mounting a broad campaign to scale up the state’s already restrictive voting rules and pull back on local voting initiatives championed in diverse urban centers, namely in Harris County, during a high-turnout election in which Democrats continued to drive up their margins. That push echoes national legislative efforts by Republicans to change voting rules after voters of color helped flip key states to Democratic control.

Click over to see their video. One more such effort came on Tuesday.

The press conference was convened by the Texas Voting Rights Coalition and included statements from MOVE Texas, Black Voters Matter, Texas Organizing Project, Texas Civil Rights Project and the Barbara Jordan Leadership Institute. Beto O’Rourke, who traveled to the Texas State Capitol to testify against HB 6, and Julián Castro also spoke at the press conference.

This latest move comes after American Airlines became the largest Texas-based company to announce their opposition to voter suppression bills in Texas. Several of the speakers specifically called out Dallas-based AT&T for their silence in the wake of voter suppression legislation.

Cliff Albright from Black Voters Matter, which is based out of Georgia but has several statewide chapters, cited the corporate accountability campaign that took place in his own state after the governor signed sweeping legislation targeting the right to vote, which prompted Delta Airlines and Coca-Cola to belatedly issue statements against that legislation. “If AT&T can convince folks to upgrade a phone every few months, certainly they can convince folks that voter suppression is bad,” Albright said. He also mentioned companies with a national profile should be speaking out in favor of voting rights legislation, like H.R. 1, which recently passed the U.S. House of Representatives.

O’Rourke also leaned into the pressure that Texans can place on companies like AT&T. He also mentioned several other Texas-based companies like Toyota, Frito Lay, and Southwest Airlines as organizations that should lend their voice against voter suppression. “Reach out to these companies, you are their customer you have some leverage, ask them to stand up and do the right thing while we still have time,” he said.

Castro was blunt about SB7 and HB6. “This is a Republican party power grab,” he said. Castro also called on companies to develop a consciousness regarding the right to vote. “Companies in the state of Texas and outside of it who do business here can choose to either stand on the side of making sure people have the right to vote and are able to exercise that right, or they can stand on the side of a party that is only concerned with maintaining its power and want to disenfranchise especially black and brown voters to do that.”

Castro also emphasized that the legislation in Texas is also about voter intimidation. The former mayor of San Antonio pointed out that one of the provisions in the legislation allows for the videotaping of any voter suspected of committing fraud, even though voter fraud almost never happens.

Mimi Marziani, the President of the Texas Civil Rights Project (TCRP), also spoke about the grave effects this legislation would have on communities of color. Marziani highlighted some findings that TCRP is releasing later in the week from renowned economist Dr. Ray Perryman that shows that voter suppression leads to less political power, lower wages, and even decreased education.

Marziani also mentioned that voter suppression bills have a track record of impacting states and their ability to generate tourism. “Big event organizers might choose to avoid a state altogether and avoid any appearance of approving a controversial policy,” she said. Marziani cited the decision of Major League Baseball to relocate their All-Star Game out of Atlanta as a recent example.

In terms of direct action towards Texas-based companies, the event organizers indicated that there are going to be several ongoing calls to actions including email campaigns and phone drives. Jane Hamilton, from the Barbara Jordan Leadership Institute, said her organization (along with the Texas Organizing Project) would be holding a press conference outside of AT&T’s Dallas headquarters later this week to engage with them directly.

And one more:

Major League Baseball’s decision to pull the 2021 All-Star Game from Atlanta over Georgia’s recent controversial voter law is sparking calls for other organizations to do the same but in Texas.

Progress Texas says that the NCAA should reconsider holding men’s basketball games in Texas in the coming years due to election bills currently on the table in the Texas Legislature.

[…]

“Since Texas Republicans insist on pushing Jim Crow voter suppression efforts, the NCAA basketball tournament should insist on pulling next year’s first and second-round games out of Fort Worth and San Antonio,” said Ed Espinoza, executive director at Progress Texas in a release. “The NCAA can join American Airlines, Dell, Microsoft, and Southwest Airlines and send a message to Texas lawmakers: we won’t stand for voter suppression.”

[…]

According to the NCAA’s men’s basketball calendar, Texas Christian University in Fort Worth and the University of Texas at San Antonio in San Antonio are currently set to hold preliminary rounds in 2022, and Houston and San Antonio are set to host the national championship games in 2023 and 2025 respectively.

The NCAA has previously pulled games due to controversial legislation. In 2016, the NCAA relocated seven previously awarded championship events from North Carolina over the since-repealed HB 2, a law that required transgender people to use public bathrooms that conform to the sex on their birth certificate.

Swing for the fences, I say. All this is great, and I’m delighted to see companies like AT&T come under increased pressure. There’s a lot to be said about the national response from businesses in favor of voting rights, and the whiny freakout it has received in response from national Republicans, but this post is already pretty long.

I applaud all the effort, which is vital and necessary, but it’s best to maintain some perspective. These bills are Republican priorities – emergency items, you may recall – and they say they are not deterred.

State Sen. Bryan Hughes, R-Mineola, the author of SB7, said some of the bill’s anti-fraud measures are being lost in the “national narrative” about it. He pointed to improved signature verification rules to make sure absentee ballots are thrown out when they don’t match. Another provision would allow people to track their absentee ballots so they can see that they arrived and were counted.

Still, critics have focused on how the legislation will end drive-thru voting and 24-hour early voting locations, both of which were popular in Harris County during the 2020 election, which saw record turnout statewide.

One of those businesses trying to make itself heard is American Airlines.

“To make American’s stance clear: We are strongly opposed to this bill and others like it,” the carrier said in a statement released Friday.

[Lt. Gove Dan] Patrick fired back a short time later.

“Texans are fed up with corporations that don’t share our values trying to dictate public policy,” Patrick said. “The majority of Texans support maintaining the integrity of our elections, which is why I made it a priority this legislative session. Senate Bill 7 includes comprehensive reforms that will ensure voting in Texas is consistent statewide and secure.”

Patrick is scheduled to hold a news conference Tuesday to further defend the election reform bill against such criticism.

Hughes said he’s willing to listen to the business leaders upset with the bill, but he said many haven’t been clear about exactly what they want changed in the legislation.

“They haven’t told us what about the bill they don’t like,” Hughes said.

We’ll get to Dan Patrick in a minute. As for Sen. Hughes, the problem with signature verification rules is that there’s no standard for matching signatures, it’s just the judgment of whoever is looking at the ballot. People’s signatures change over time – mine certainly has, from a mostly-readable cursive to an unintelligible scrawl. More to the point, various studies have shown that the mail ballots for Black voters get rejected at a higher rate than they do for white voters. As for what the corporations don’t like about SB7, that’s easy: They don’t like the bill. It’s a kitchen sink of bad ideas for non-problems. Just take out everything except for the provision to allow people to track their absentee ballots online.

I am generally pessimistic about the chances of beating either of these bills, but there may be some hope:

Legum notes that there are at least two House Republicans who have publicly voiced criticisms of SB7 and HB6, and if they are actual opponents of the bills it would only take seven of their colleagues to have a majority against them. Still seems like a steep hill to climb, but maybe not impossible. If you have a Republican representative, you really need to call them and register your opposition to these bills.

As for Dan Patrick and his Tuesday press conference, well…

Is there a bigger crybaby in Texas than Dan Patrick? None that I can think of. His little diatribe was also covered, with a reasonable amount of context.

Why lawsuits?

If you’ve wondered why the women who have accused Deshaun Watson of sexual harassment and assault have filed lawsuits against him instead of police reports, this Chron story offers some reasons.

The 22 women suing Deshaun Watson for allegedly sexually assaulting and harassing them have been criticized for not first taking their allegations to police.

But experts say a civil suit is often a sexual assault victim’s best shot at justice.

“In a civil case, you can expect a broader range of accountability,” said Elizabeth Boyce, general counsel and director of policy and advocacy for the Texas Association Against Sexual Assault. “You might settle before trial and that might include a public acknowledgment and apology.”

[…]

But experts said there are myriad reasons why a victim would choose to file a case in civil court instead of a criminal complaint — including compensation to pay for any emotional and medical care needed after an assault.

“Victims of sexual assault had something stolen from them,” said Noblet Davidson, founder and clinical director of enCOURAGE Trauma Center in Houston. “They need to be compensated. If you get in a car accident, you get compensated.”

The fear of being outed, for example, can deter a victim from filing a police report, Boyce said — especially when the alleged perpetrator is famous.

“Confidentiality and privacy is always at the heart of these cases,” Boyce said. “Honestly, it’s a fear of any victim of sexual assault that this is going to result in some sort of public condemnation or harassment.”

The nation has seen it play out over and over again, Boyce said.

When California professor Christine Blasey Ford testified before Congress, alleging that now-Supreme court Justice Brett Kavanaugh had sexually assaulted her in high school, she received death threats. She and her family had to move multiple times and had to pay for a private security detail.

[…]

For some victims, taking their assault to police can seem hopeless.

Not only are they retraumatized each time they have to describe their assault, Boyce said, but it can also seem as if they are not in control of the outcomes.

“In criminal cases, the state doesn’t represent the victims, they represent the state and they control every aspect of the case,” Boyce said. “And so often (the cases) are refused for prosecution for a variety of reasons — if they think they can’t win or they think there’s too much political pressure.”

The criminal investigation process also is intrusive and time-consuming, with court hearings, follow-ups with police and medical appointments, said Olivia Rivers, executive director of the Houston-area advocacy nonprofit Bridge Over Troubled Waters. Officers may show up at the victim’s house or workplace. Family and friends — who the victim may not want to tell about the assault — may be interviewed to corroborate the report.

“A sexual assault exam can take hours,” she said. “How do you explain to your family why you were at a hospital for that long? Or how do you explain to your employer why you had to miss so much work for court?”

Additionally, the burden of proof also is lower in a civil court than in a criminal prosecution. Civilly, the victims only have to show a preponderance of evidence, but in criminal cases, authorities have to prove beyond a reasonable doubt that the assault happened.

Therefore, it can easier for victims to get some form of justice in a civil court, whether it be a public apology or a monetary award for pain and suffering — especially when there isn’t enough physical evidence to criminally convict a perpetrator.

“Sexual violence … isn’t taken seriously by society,” Rivers said. “This about having their voices heard.”

Sometimes, victims might seek both criminal prosecution and civil damages.

At least one alleged victim has done exactly that, and others may follow. In the meantime, lawsuit #22 is on the books. We won’t know how successful this approach is until we have some resolutions in these cases, but the reason why the lawsuits were filed should be clear.

Parents sue Katy ISD over its mask mandate

Someday, these dumb stories will stop happening. Others will replace them, to be sure, but this type of dumb story will eventually fade away.

A group of parents are suing the Katy Independent School District, calling its continued requirement for masks in schools unconstitutional and a violation of Gov. Greg Abbott’s executive order from last month that lifted the statewide mask mandate, among other COVID-19 safety restrictions.

The lawsuit, filed Thursday by a Houston attorney for parents Bonnie Anderson, Jenny Alexander, Doug Alexander, Heather Calhoun and Stephen Calhoun, takes issue with the district’s current safety protocols for in-person schooling, specifically its requirement that students wear masks in hallways, buses, and other common areas.

When Abbott announced his executive order, he did not address the ways rescinding the mask mandate affected public schools. In a later interview with radio host Chad Hasty, Abbott said he expected the Texas Education Agency to leave the decision to require masks up to local school boards.

The agency’s updated mask policy has allowed “local school boards have full authority to determine their local mask policy,” according to its website. In public planning guidance, the agency also recommends the use of masks.

Under Katy ISD’s policies, students who don’t comply with the mask policy will be moved to online school and aren’t allowed to participate in other student activities. Those who have medical conditions that preclude them from wearing a mask must notify the school nurse and have documentation from their medical provider, according to the policy.

The lawsuit also argues under the U.S. Supreme Court’s decision Brown v. Board of Education that forcing students to switch to virtual school is a form of “separate but equal” discrimination.

The Supreme Court case’s ruling focused on segregation between Black and white students in public schools and discrimination on the basis of race.

[…]

Katy ISD responded to the lawsuit with a statement that it is complying with the agency’s public planning recommendations.

“Katy ISD continues to follow the Governor’s Executive Order GA-34 and comply with the Texas Education Agency’s Public Health Planning Guidance,” said the statement, obtained by Fox 26 Houston.

If you guessed that only Jared Woodfill would be dumb and obnoxious enough to cite Brown v Board of Education as a precedent for this silly lawsuit, congratulations. You don’t win a prize but you do get to live with the knowledge that you are familiar enough with Jared Woodfill to recognize his handiwork. It sure seems to me like this lawsuit is unlikely to win, but the part of my brain that tries to make sense of the world around me is convinced there must be some merit to this, however hard it may be to find. I don’t think my analysis can get any deeper than that, so let’s wrap this up. The Chron has more.

Sery Kim

Poor baby.

A Texas congressional candidate on Monday sued The Texas Tribune for defamation, claiming that the newspaper wrongly identified her as a “racist.”

In an article, Texas Tribune political reporter Patrick Svitek reported on comments made by Sery Kim, a Korean American who is on the ballot for Texas’s 6th Congressional District, during a GOP forum March 31. Responding to a question about U.S. immigration, Kim reportedly said, “I don’t want them here at all.” According to the Tribune, she was referring to Chinese immigrants.

“They steal our intellectual property, they give us coronavirus, they don’t hold themselves accountable,” she continued, according to the Tribune.

“And quite frankly, I can say that because I’m Korean,” she reportedly added.

The Tribune article in question ran with the headline, “GOP congressional candidate in Texas special election loses prominent supporters after racist comment about Chinese immigrants.”

Following these comments, two of Kim’s largest backers, California Reps. Young Kim (R) and Michelle Steel (R) — the first two Korean American Republicans to serve in Congress — pulled their endorsements for her.

In the lawsuit, Kim claimed that the Tribune “rendered judgment on what is the standard for a racist comment” by using the quote from Kim, “I don’t want them here at all,” later adding that “The Texas Tribune’s direct quote from Sery Kim does not have any words relating to China, Chinese, Chinese immigrants or any nouns or pronouns or even adjectives other than ‘them.’ ”

According to the lawsuit, the paper acted with actual malice by writing “outside of the direct quote made by Sery Kim,” the phrase Chinese immigrants “to paint Sery Kim as a racist.”

The lawsuit adds that “at no point” during the forum “did Sery Kim, in direct quotes, say she didn’t want Chinese immigrants here at all.”

I didn’t write about the original story because “Republican candidate says something stupid and offensive” is hardly noteworthy. This is next level, so I have to give her some props. My vast experience in reading and watching legal dramas makes me fully qualified to say that this will be laughed out of court, and if a bunch of Twitter commenters are correct, could subject her to court costs due to Texas’ anti-SLAPP law. I will say this much: If the goal was to stand out in an extremely crowded special election field, she has accomplished that.

Leave me out of the ballgame

What a snowflake.

Gov. Greg Abbott on Monday announced he would not throw out the ceremonial first pitch at the Texas Rangers’ home opening game and would boycott any other Major League Baseball events, citing the league’s decision to pull its All-Star Game from Georgia in response to new voting restrictions there.

In a letter to a top Texas Rangers executive, Abbott said he had been “looking forward to” tossing out the first pitch “— until [MLB] adopted what has turned out to be a false narrative about the election law reforms in Georgia.”

“It is shameful that America’s pastime is not only being influenced by partisan political politics, but also perpetuating false political narratives,” Abbott said, adding that he “will not participate in an event held by MLB, and the state will not seek to host the All-Star Game or any other MLB special events.”

Oh, boo hoo hoo. If Greg Abbott can’t take a little political criticism then we’re all better off if he just stays home and pouts. Maybe he just doesn’t want to take a chance on getting booed, like a certain former president at the 2019 World Series. Whatever the case, there’s one clear winner here:

As the first commenter notes, this teacher gets to throw out the first pitch and avoid a photo of with Abbott. Now that’s a day at the ballpark.

Why North Texas?

The Trib reprints a WaPo story about a cluster of Capitol insurrectionists in the Dallas suburbs, and it’s something.

Hope for Trump’s return is fervent in Frisco and across the northern Dallas suburbs, an area of rapid growth and rapidly increasing diversity. Nineteen local residents have been charged in connection with the Jan. 6 attack on the U.S. Capitol, according to federal authorities, one of the largest numbers in any place in the country.

Many of the rioters came from the “mainstream of society,” according to the FBI’s Dallas field office, including three real estate agents, a retired Air Force lieutenant colonel, an oilman and an actor who once appeared on the popular television show “Friday Night Lights.” They were driven by a “salad bowl of grievances,” the FBI said, including anger over the presidential election, white-supremacist ideology and the discredited extremist ideology QAnon, which holds that Trump will save the world from a cabal of Satan-worshipping pedophiles.

Their groundless claims are being fed by conservative politicians and from the pulpits of large, powerful evangelical churches with teachings that verge on white nationalism, both motivated by fear that they are losing a largely white, conservative enclave that views these changes with suspicion.

More arrests are coming, and North Texas remains a focus for investigators who expect to charge as many as 400 people from across the country in the attack on the Capitol.

[…]

Over the past two decades, Collin County, north of Dallas, more than doubled its population to 1 million, according to census data, with newcomers drawn by the mild weather, good schools, low taxes and the arrival of several big employers and new corporate headquarters, including Toyota, Liberty Mutual and the Dallas Cowboys. The rapid expansion created an air of Disney World built on the clay soil of the Texas plains, one Frisco consultant noted, where everything is new and planned. The median household income is $97,000, well above the U.S. median of $69,000.

But this utopia on the Dallas North Tollway has its fissures, which have deepened in the last year, with debate over pandemic restrictions, the country’s racial reckoning and the divisive 2020 presidential election that pitted neighbor against neighbor and continues to divide. Unlike many other suburban counties in the country that helped sway the election for Biden, Collin County stayed red, with 51% voting for Trump and 46% for Biden.

The county’s rapid growth has increased its diversity — with the Latino and Asian American populations growing, and the white population in decline — causing tensions, some residents say. In 2017, Plano Mayor Harry LaRosiliere was challenged by an opponent who promised to “keep Plano suburban,” which LaRosiliere, who is Black, said was a “dog whistle” for residents wanting to keep the town white and affluent. LaRosiliere won the four-way nonpartisan race with 52% of the votes, but his “keep Plano suburban” opponent won 42%. This year, Plano City Coucil member Shelby Williams came under fire when he said in a post-riot blog post that “things could be much worse . . . People in many parts of the Muslim world are still slaughtering one another today.”

Frisco Realtor Hava Johnston said some residents feel the area has become “too diverse.”

“They created this perfect little bubble of the way they wanted things … now we’ve got true diversity, and those Christian nationalists are afraid of losing their power,” said Johnston, a Democratic activist and one of the internet sleuths who helped unmask local residents who participated in the Capitol riots. “These are the very people who would do things like have Trump parades every weekend and take a private jet to a riot.”

There’s a lot here, and I’ll get to one specific criticism in a moment, but I personally object to the “Collin County stayed red” line, not because it’s untrue but because it really misstate what has happened in Collin County this past decade. I mean:

2012 – Romney 65.0%, Obama 33.5%
2016 – Trump 55.6%, Clinton 38.9%
2020 – Trump 51.4%, Biden 47.0%

You can say “Collin County stayed red”, as if it were some act of defiance against the prevailing political winds, but come on. Collin County shifted a net 27 points in the Democrats’ direction, at least at the Presidential level, since 2012. That’s a seismic change, and very much in line with what was happening nationally. Collin County didn’t quite make it to blue county status in 2020, but boy howdy has it come a long way.

D Magazine had other complaints, starting with the charge that non-Texan authors who parachute in for this kind of analysis often fail to understand what’s actually happening and miss details that make locals scratch their heads. I have some sympathy with this, though I do think there’s some value in getting an outside perspective sometimes. Honestly, my main beef with this article was more along the lines of “oh God, are we still doing entire stories on the feelings of Trump voters? Make it stop already.” I guess the question of why there were so many insurrectionists from this part of the world is an interesting one, but please give me many more articles about the newly activated and energized Democrats of Collin County to balance it out, thanks. In the meantime, please feel free to blow a raspberry at that blonde realtor from Frisco who may well be the poster child for this whole story.

Chron analysis puts freeze death total at 194

Sobering, to say the least.

The deaths of nearly 200 people are linked to February’s cold snap and blackouts, a Houston Chronicle analysis reveals, making the natural disaster one of the worst in Texas this past century.

The tally, which is nearly double the state’s official count, comes from an investigation of reports from medical examiners, justices of the peace and Department of State Health Services, as well as lawsuits and news stories.

The state count, which is preliminary, has yet to incorporate some deaths already flagged by medical examiners as storm-related.

The 194 deaths identified by the Chronicle so far include at least 100 cases of hypothermia that killed people in their homes or while exposed to the elements, at least 16 carbon monoxide poisonings of residents who used dangerous methods for heat and at least 22 Texans who died when medical devices failed without power or who were unable to seek live-saving care because of the weather.

Sixteen deaths were from other causes, such as fires or vehicle wrecks, while the remaining 40 were attributed by authorities to the storm without listing a specific cause.

“This is almost double the death toll from Hurricane Harvey,” said State Rep. Rafael Anchia, D-Dallas. “There was no live footage of flooded homes, or roofs being blown off, or tidal surges, but this was more deadly and devastating than anything we’ve experienced in modern state history.”

The toll is almost certain to grow in coming weeks as death investigators in the state’s most populous counties clear a backlog in cases from the cold snap. The Travis County medical examiner alone is investigating more than 80 deaths between Feb. 13 and Feb. 20.

The deaths come from 57 counties in all regions of the state but are disproportionately centered on the Houston area, which at times during the crisis accounted for nearly half of all power outages. Of the known ages, races and ethnicities of the victims, 74 percent were people of color. Half were at least 65. Six were children.

The previous count released by the state was 111, but as noted then and in this story that is sure to go up. There’s no central database for this kind of thing, only 14 counties have a medical examiner’s office, and not all county data is currently available. As with COVID deaths, there are likely some cases where one could argue whether the freeze was the actual cause of death or whether it was just proximate. The main point here is that the freeze was responsible for a lot of misery around the state and by any count more deaths than there were from Hurricane Harvey. It remains to be seen if the Legislature and the Public Utility Commission (which currently has no members) are taking adequate action to prevent this from ever happening again.

The infrastructure bill and the Ike Dike

This is encouraging.

President Joe Biden’s infrastructure plan sure seems to be considering building the Ike Dike.

His $2 trillion plan includes improving and strengthening infrastructure in coastal areas most vulnerable during hurricane season.

Biden pitched part of the American Jobs Plan on Wednesday in Pittsburgh.

The Biden Administration’s plan includes investing in improving “coastal resilience to sea-level rise and hurricanes.” While specific projects were not named in the plan, the Biden administration says the American Jobs Plan will “protect and, where necessary, restore nature-based infrastructure,” which could include funding the Ike Dike.

[…]

State Rep. Gene Wu, who represents part of Houston, circulated a letter to Biden last week requesting federal support for the Ike Dike. Mayor Sylvester Turner and Rep. Sheila Jackson Lee have also expressed support for the coastal spine.

The Houston Chronicle’s Benjamin Wermund reports that Biden’s plan also includes $50 billion to improve infrastructure strength against hurricanes and other natural disasters, especially in lower-income areas. Biden’s administration used the aftermath of Hurricane Harvey as an example of the need for increased federal support and infrastructure development.

“People of color and low-income people are more likely to live in areas most vulnerable to flooding and other climate change-related weather events. They also are less likely to have the funds to prepare for and recover from extreme weather events,” a statement from the White House says. “In the wake of Hurricane Harvey, Black and Hispanic residents were twice as likely as white residents to report experiencing an income shock with no recovery support.”

I’ll have more to say about the infrastructure plan, which is not yet a bill but an outline and a list of priorities right now, because if it is realized in its full form it would truly do a lot for Texas. That definitely includes the Ike Dike, mostly because it would solve how to pay for it, which I noted a few weeks ago.

To its credit, the Lege is at least thinking about that issue.

A proposed bill in the Texas Legislature would create a regional district with the authority to tax and issue bonds to raise money to build and maintain a $26 billion storm surge barrier on the southeast Texas coast.

The bill, SB1160, is sponsored by state Sen. Larry Taylor, R-Friendswood, with a companion bill in the state House sponsored by Rep. Dennis Paul, R-Houston. The bills would establish the Gulf Coast Protection District, an entity comprised of members from Chambers, Galveston, Harris, Jefferson and Orange counties.

The district would be empowered to operate the long-proposed coastal barrier, once known as the “Ike Dike,” as well as issue bonds and impose taxes to maintain the project. It would also have eminent domain power to seize property or land “for the exercise of the district’s functions,” according to the bill’s text.

During a Monday meeting of the Senate Water, Agriculture & Rural Affairs Committee, Taylor noted that the bill is vital to the Army Corps of Engineers’ proposed coastal barrier project, which aims to protect the region from the kind of catastrophic storm surge experienced during Hurricane Ike in 2008.

“This is a very important bill, and not just not just for the state of Texas, but for our country,” Taylor said. “The number one supplier of military aviation fuel is in this area. So if you’re talking about national security, this area gets wiped out and we don’t have the aviation fuel, that would be a security problem. It’s our number one military port. And it’s our number one petrochemical complex.”

[…]

A final report on the coastal barrier study will be completed in April, according to the Texas General Land Office, which is co-sponsoring the study. The report will released to the public in September and submitted to Congress for final approval.

The Gulf Coast Protection District would be governed by a board of 11 directors appointed by the governor in consultation with the respective commissioners courts from each county. Each of the five counties would have one representative except for Harris County, which, because of its larger population, would have two. The district would also include one representative for the regional ports; one representative for the environmental sector; one representative for the regional industrial complex; and one representative for the cities within the five counties.

The district would have to hold a vote among its member counties before it began collecting property taxes, but will be able to issue bonds.

I don’t know how likely this bill is to pass, but I tend to agree with Campos that this is at best an unwieldy mechanism for funding it. Read that last paragraph and ask yourself how likely it is that the member counties of this district are actually able to raise property taxes for this purpose. For more on what’s in the Infrastructure Plan That Is Not Yet A Bill, see Slate and the Trib.

Weekend link dump for April 4

“For many cities and counties, the American Rescue Plan’s (ARP) state and local funds are not just a $350 billion lifeline; they represent the largest positive fiscal jolt to their budgets in decades. Now, a scramble is underway to determine how best to deploy the money. The decisions made in the coming weeks— and over the next year regarding the second tranche of funding—will determine whether cities merely enjoy a brief stimulus or seed a new trajectory of inclusive economic growth. The stakes are high. The money needs to move fast and be deployed smartly and equitably. In 10 years, we may look back at this time and ask: Which places merely spent their money, and which places invested it?”

“America’s Covid Swab Supply Depends on Two Cousins Who Hate Each Other“.

“How One State’s Public Health Defunding Led to Vaccination Chaos”.

“For decades, Americans relied on analog televisions employing UHF signals for our hundreds of (mostly inane) channel distractions, but one particular stop on the dial was nowhere to be found: channel 37. Apparently, the nationwide lack of a channel 37 on living room TV sets wasn’t some big coincidence, but an intentional decision overseen by the U.S. government based on two very obvious reasons: the location of a 400-foot radio telescope and aliens.”

“The true dimensions of the worst Christian sex abuse scandal you’ve never heard of have long been largely unknown.”

I had no idea that The Flintstones had a different theme song for its first two seasons.

“An Extremely Scientific Economic Breakdown of the MCU”.

Frequently asked questions about the Deshaun Watson lawsuits, by attorney/Texans fan/all around good egg Stephanie Stradley.

“Yesterday the CDC reported the results of a study which suggest the vaccines are almost as effective against infection as they are against the disease itself.” (We already knew the vaxxes were very good at preventing you from getting sick from COVID, but you could still carry the virus, which is why mask-wearing and other precautions are still recommended after you get your shots. If this study is accurate, it means you’re unlikely to be an asymptomatic carrier as well, which would mean that a true return to normal is on the horizon.)

“The second half of May could see rates of COVID-19 finally plunging to levels that have not been seen since the first weeks of the pandemic. It’s entirely possible that, at that point, a national program of testing and case management could do what it should have done from the beginning: Help direct isolation and quarantine to take those remaining cases and push them, as much as possible, toward extinction. But that can’t happen yet. There simply are not enough doses in enough arms at this point. Which is why social distancing and mask mandates remain critical.”

“It’s amply clear that Biden’s judge-picking machine has learned some important lessons from the Federalist Society’s stranglehold on judicial selection. The game has now changed for both sides.”

“With billions of dollars in lawsuits now in the balance, Dominion Voting Systems has quietly expanded its legal armada in recent days, as the election technology company goes after Trumpworld and conservative media giants.” Among the attorneys representing truth, justice, and democracy against these modern-day Visigoths is Justin Nelson, 2018 Democratic candidate for Attorney General against Ken Paxton.

“One of the interesting things about the current misinformation landscape is that it’s not necessarily uninformed people. It’s misinformed people. It’s people who say, ‘I do my own research; I don’t trust the elites.’ And their research is nonsense, it is sophisticated nonsense.”

“Confronted with compelling video and photographic evidence in court, dozens of rioters have apologized and expressed regret as the consequences of their actions have started to sink in. The ramifications include potential job losses, financial ruin, and possible time behind bars.”

“In private, they concede their own polling shows that no message they can devise effectively counters the argument that billionaires should be prevented from buying elections.”

Are we entering the beginning of the end of Pat Sajak’s time as host of Wheel of Fortune?

“Should Masking Last Beyond The Pandemic? Flu And Colds Are Down, Spurring A Debate.”

It’s impossible to keep up with the Matt Gaetz scandal, but one should try anyway. Especially since it’s getting really ugly about now.

“The Democrats seem to understand very well that all politics is national right now. The more they stand by the president, especially a popular one, the more likely they are to survive the coming midterms. Bottom line: this [infrastructure] plan is going to happen. The Democrats will work out the details. It’s not a matter of if or whether. It’s a matter of when. They’re hoping by July’s end.”

Is Beto running for Governor or not?

Nothing has changed. Please back away from any ledges you may be approaching.

Beto O’Rourke

Former U.S. Rep. Beto O’Rourke has not ruled out a run for governor after all.

Earlier Friday, The Dallas Morning News published remarks O’Rourke made on an upcoming morning program that roused the Texas political class and suggested he no longer was interested in running for governor.

“I’ve got no plans to run, and I’m very focused on the things that I’m lucky enough to do right now — organizing, registering voters and teaching,” O’Rourke said on NBC DFW’s “Lone Star Politics,” which will air Sunday. “I’m just going to keep doing what I’m doing now.”

The O’Rourke camp then quickly reached out to The Texas Tribune to clarify his sentiment.

“What I said today is what I’ve been saying for months: I’m not currently considering a run for office,” he said in a statement. “I’m focused on what I’m doing now (teaching and organizing.) Nothing’s changed and nothing I said would preclude me from considering a run in the future.”

The El Paso Democrat flirted with a run earlier this year when he said in an interview that running against Republican Gov. Greg Abbott was “something I’m going to think about.” Last month, he stoked more rumors of his interest in the seat when he reemerged as an organizing force amid the Texas winter storm.

[…]

O’Rourke suggested suggested Harris County Judge Lina Hidalgo and Dallas County Judge Clay Jenkins as other potential gubernatorial candidates in the television interview. Former U.S. Secretary of Housing and Urban Development Julián Castro is another oft-mentioned potential contender, and Austin-based actor Matthew McConaughey is also publicly mulling a run.

“My plan right now is to run for reelection,” Hidalgo told Texas Tribune CEO Evan Smith on his “Point of Order” podcast last month. Asked if she would rule out running for something else in 2022, she said, “I wouldn’t say it’s something that I’m actively pursuing right now.”

I first heard about this little kerfuffle on Friday afternoon when I saw this tweet:

I admit my first thought was “ah, crap, now who do we need to pin some hopes on?” I belong to a Facebook group called “Beto O’Rourke for Governor of Texas” (*) and cruised over there to see what the freakout looked like, but didn’t see any postings related to this. Maybe the news hadn’t crossed from one social network to the other yet, I thought, or maybe everyone was just in denial. And not too long later I saw the updated Trib story, and realized that it was all a nothingburger. We are exactly where we were on Friday morning, when Beto was sort of acting like someone who might be a candidate but hadn’t said anything committal one way or the other. So for those of you who might have seen the initial news but not the later update, here you go. You may now resume your previous feelings about this subject.

(*) I remain on Team Julián, but will be perfectly happy with Beto. If there is a “Julián Castro for Governor of Texas” Facebook group, I have not been invited to join it yet.