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August 24th, 2022:

Rockport, Dickinson, Port Arthur: Five years after Harvey

Yeah, we’re at “five years after Hurricane Harvey made landfall” time. Here’s a long story about how three smaller towns that were in its path are doing now.

Each day, Gary Billy drives past the empty corner lot where his restaurant once stood. Sometimes, he looks over at the scrubby grass, the crumbling foundation and the fading blue sign for JJ’s Little Bay Café.

“We put our hearts and souls into that business, into that property — expanding and doing things,” he said. “Sometimes it hits you and you’re just like, ‘Man, you miss it.’ But life just keeps going.”

The restaurant was among hundreds of buildings that were destroyed five years ago when Hurricane Harvey made landfall in this small Gulf Coast city.

Now, residents and elected officials here say they are recovering from the devastation, mirroring other small towns affected by Harvey. That said, they still have more work to do to bring displaced residents back home and get their infrastructure ready for future storms. The city also is facing an affordable housing shortage, a wave of ongoing construction projects and the lingering emotional toll from the disaster.

The Southeast Texas community of Dickinson has its challenges, too. Homeowners there remain skeptical that the city’s mitigation efforts are enough to prevent other disasters.

In Port Arthur, near Louisiana, the largest mitigation projects await federal funding approvals before they can get off the ground.

“The challenge is preparing for the next storm,” said Aransas County Judge C.H. “Burt” Mills, Jr. “There’s going to be one — we just don’t know when. (We’re) trying to prepare to where we don’t have near the disaster that we had with Harvey.”

[…]

The past half-decade has been trying for the city of Dickinson, which saw about 85 percent of its land mass go under water during the hurricane. Some people packed up and left, but most rebuilt, banding together in love of their community. Since then, however, they’ve taken on a particular, more despondent brand of resiliency: They eye the city’s ongoing mitigation efforts and fear that they are sitting ducks.

[Paster William H.] King meets those residents often. Leaving the church that day, he drove his truck through town and descended into the Bayou Chantilly neighborhood, cornered in by I-45 on one side and Dickinson Bayou on another.

It used to be a lovely place — lush and well-kept, homeowner Gayann Corbin said. Now, it’s dotted with “for sale” signs, displaying people’s slow exodus from the neighborhood.

She and her husband, Bob, met King on their corner along with a half-dozen neighbors. Most people in Dickinson know of King, since his church serves about 60 percent of the community and became a distribution center during Harvey. (He was also a city councilman for 21 years, and he’s running for county judge.)

The conversation turned to the city’s disaster response, and the gaggle erupted into overlapping speech. The most visible project to date is the widening of West Gum Bayou and the construction of several detention ponds to expand the capacity for floodwater. They weren’t buying it.

“I don’t have a degree in engineering … but I believe if we had a pump station pumping water out of the bayou into the contributory of the Galveston Bay, that would be better than widening the area,” Arthur Francis said. “It doesn’t matter how deep you have it and how wide it is. The water has nowhere to go.”

The city also is turning to voluntary buyouts and acquisitions, programs that allow it to buy people’s homes in flood-prone zones and either demolish them entirely or rebuild them higher. Corbin and Francis said they don’t expect many people to bite.

Francis said he hasn’t seen Dickinson keep a “pulse” on its people, and Noel Larsen added that she feels the city sat on its hands for years after the storm. In 2019, she saw some of her neighbors remove some obstructions from the bayou in order to aid water flow, frustrated that the city hadn’t done so itself.

Jon Junemann, who has lived in his home since 1975, jabbed his fingers in a fury.

“It takes a quarter of an inch of rain to absorb in this gumbo clay in one hour,” he said. “Where is the water going to go? It’s going to be right here in Lake Chantilly again.”

City Manager Theo Melancon took the helm in 2021 after a period of tumult among Dickinson’s leadership. He said residents in any city tend to feel hopeless when it takes years for the biggest projects to get underway, and King added that he feels Dickinson residents feel a particular apathy toward their local government.

Even then, Melancon said Dickinson officials haven’t been sitting around — they earmarked $70 million in state and federal funds for mitigation, with more in the application process. Already, the West Gum Bayou widening is underway, and about 110,000 square yards of dirt have been moved in ditch cleanups.

Dickinson also plans to construct a diversionary canal that reroutes floodwater and deposits it further east on Dickinson Bayou, and city leaders are exploring a pumping project at Benson Bayou.

“As dirt starts moving and turning, I believe people will see,” Melancon said. “I don’t think a lot of people understand the size and scope of the projects.”

Melancon agreed that the buyout programs might not have enough takers, especially since people worry whether they can find other, similarly priced homes in Dickinson.

There’s a lot more, and much of it zooms in on individual stories. I found the Dickinson stuff particularly interesting – my wife’s grandmother still lives in Dickinson, in a house that was completely flooded by Harvey and has been at least somewhat rehabilitated. I would not want to live there for a variety of reasons, but the concern that people won’t be able to find a replacement house they can afford is legitimate. I have no idea what can be done other than to throw a whole lot more money at the problem. Dickinson is in Galveston County, and since the story mentions it here’s the William H. King III for Galveston County Judge webpage. He’s not going to win, but if you live in that county you should at least know who he is.

Abortion funds file First Amendment lawsuit for their right to assist others access abortion

We’ll see what SCOTUS does with this one, because for sure that’s where this will end up.

Reproductive rights groups on Tuesday filed a federal class-action lawsuit to head off possible prosecution from Texas officials for helping Texans gain access to legal abortions in other states.

The suit filed in Austin names Texas Attorney General Ken Paxton as well as a class composed of the county and district attorneys who could enforce the state’s near-total abortion ban, which goes into effect on Thursday.

The law, known as House Bill 1280, was passed last year. It is “triggered” into taking effect on Thursday by the U.S. Supreme Court’s ruling in June on Dobbs v. Jackson, which overturned Roe v. Wade’s constitutional protection for abortion access.

The plaintiffs want a federal judge to issue an injunction barring Paxton and prosecutors from using that law and other statutes to target those reproductive rights groups for activities the groups say conservative state leaders may politically oppose but are still legal.

The groups want the court to confirm that “the Trigger Ban cannot be enforced by any Defendant … in a manner that violates Plaintiffs’ rights to freely travel, freely associate, freely speak, and freely support members of their communities through financial assistance, as guaranteed by the United States Constitution and federal law,” according to the suit.

The named plaintiffs are Fund Texas Choice, the North Texas Equal Access Fund, the Lilith Fund for Reproductive Equity, Frontera Fund, The Afiya Center, West Fund, Jane’s Due Process, Clinic Access Support Network and Dr. Ghazaleh Moayedi, an outspoken Texas provider.

They’re asking for legal protection to continue fundraising and paying for out-of-state abortion expenses, including raising funds for travel or other costs or for the procedure itself, as well as helping pregnant Texans with logistical information about legal abortions out of state, according to the lawsuit.

[…]

The suit argues that Paxton, along with “activist legislators and their associates,” are waging a coordinated effort to harass organizations exercising their right to free speech by defending access to abortions and helping pregnant Texans seek them legally under the current bans. Most of the latter involves financial or logistical help in obtaining an abortion in another state where the procedure is still legal.

The court filing points to, as an example, several statements in late June by state Rep. Briscoe Cain, R-Deer Park, asserting that donors, volunteers, employees and anyone else connected to these groups are guilty of violating the law for helping people legally outmaneuver the Texas ban. He also has suggested that the constitutionally protected right to travel interstate for any reason doesn’t translate to the right to pay for someone else to do it, such as for an abortion.

To set the table a bit here, in their amicus brief to a writ of mandamus that blocked a lower court order that would have enjoined the 1925 state law criminalizing abortion, 70 Republican legislators argued that criminal penalties should apply to people who help others get an abortion. I’m sure we can comprehend how far they believe that definition of “help” should be pushed; we need only note what spurts out of Briscoe Cain’s mouth if we’re ever uncertain. There is also a separate federal lawsuit filed by Wendy Davis making similar claims about her right to donate to abortion funds. I don’t know if there has been any action on that front. Two abortion access funds had previously filed lawsuits against anti-abortion activists to protect themselves from SB8-related litigation. There’s a lot going on.

If you for some reason believe what the justices in the majority of the Dobbs opinion said at the time, the right to travel for an abortion should still be upheld on constitutional grounds. As you can tell, I don’t have much faith in anything those charlatans say, but they did say it. Litigation like this will be the first test of that proposition, and whether SCOTUS allows an injunction against the trigger law to stand will give us an early indication. Place your bets now.

The Constables’ and Comptroller’s ridiculous complaint

This is transparent bullshit.

Texas Comptroller Glenn Hegar this week accused Harris County commissioners of defunding local constables and threatened to prevent the county from implementing its proposed 2023 budget if the county does not reverse course.

In a letter sent late Monday, Hegar said the county’s move to do away with “rollover” budgeting led to more than $3 million dedicated to the constables last year being returned to the general fund.

“If the county proceeds with the Constable budget as proposed without obtaining voter approval, the county may not adopt an ad valorem tax rate that exceeds the county’s no-new-revenue tax rate,” Hegar wrote.

Harris County Administrator David Berry on Tuesday afternoon said Hegar’s position would prevent the county from adopting a budget that increases funding to Harris County Constables’ and Sheriff’s offices by “millions of dollars.”

“The Comptroller’s position would keep us from making these new investments,” he said, “which is contrary to the intent of SB 23. … I hope the Comptroller’s position does not prevent us from achieving our goal, and we look forward to working with the state to resolve this matter.

Berry said that in the past, county departments could “roll over” their unspent budget from one year to the next “with no questions asked.”

“This practice was unique to Harris County and is not the practice of other local governments,” he said. “Under the current policy, departments, including the Constable’s Offices, can request the use of unspent funds on vehicles, equipment, and other one-time expenses. The County has continued to support these investments.”

Paradoxically, by preventing Harris County from adopting the new tax rate, Hegar’s actions would prevent the county from implementing $96.7 million in increases to the sheriff and constable offices, and a proposed $10 million increase to the District Attorney’s Office.

Precinct 4 Constable Mark Herman — one of the two constables who first raised the issue with Abbott — said he was “thankful” to the governor and to Hegar for looking into the matter.

“We look forward to a resolution one way or another,” he said, explaining that he and other constables had used their rollover funds to purchase new patrol cars and safety equipment, and in some cases, to pay employees’ salaries.

“All that’s been taken away from us,” he said. “What it’s come to is an elected official has no say in his own department, basically, and it’s jeopardized public safety and officer safety.”

[…]

Hegar said his investigation began after Harris County Precinct 4 and Precinct 5 Constables Mark Herman and Ted Heap wrote to the governor complaining about losing their “rollover” funds last year. Prior to County Judge Lina Hidalgo’s election in 2018, county commissioners had allowed county agencies to keep unspent funds, which “rolled over” into the following year’s budget. Constables used the money for a variety of projects and other issues — including paying for some staff.

Eva DeLuna Castro, who oversees budget and fiscal policy analysis for Every Texan, said that within state agencies, rolling over unspent money from one budget cycle to the next was permitted only in a very limited number of circumstances, and generally required the specific approval of the legislature.

After Hidalgo’s election, the county did away with the unusual budgeting technique and adopted more traditional budgeting practices — similar to what the state requires of its own agencies and their funding.

Hegar sent the letter to commissioners late last night — the deadline for when the county would potentially be able to add any voter initiatives to the ballot.

County officials disputed Hegar’s claims, noting that the decision to do away with rollover funds took place before SB23 went into effect. They also disputed Hegar’s numbers.

A review of county records show that the county allocated $205,290,000 to its constables in 2020. This year, its proposed budget includes a 13 percent increase to the constables budget, for a total of $231,491,249.

The two constables who first complained to Gov. Greg Abbott about losing their rollover funds have also seen increases to their budget. In 2020, Precinct 4 received about $57 million in funding; Precinct 5 received $44 million. This year, county commissioners have proposed giving Pct. 4 $65 million, while Pct. 5 is slated to receive more than $48 million.

I mean, come on:

1. Harris County is increasing its spending on public safety across the board.

2. The two Constables in question are each getting more money in this budget than in the previous one. The Constables overall are getting more money.

3. “Rollover budget” means unspent funds from the previous cycle. These two Constables didn’t even spend all the money they had been allocated before!

4. The practice of not rolling over funds is exactly how the state does its own budgeting, including for DPS.

From every angle this is ridiculous, and clearly driven by partisan motives – the two Constables in question are Republicans. I don’t expect to get better arguments about public policy from these clowns, but I am insulted that they can’t come up with a better pretext for their crap than this. Shame on everyone involved. The Trib has more.