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January 12th, 2023:

The Lege does its housekeeping

In the Senate, they drew their lots to see who would have to run again in 2024.

Sen. John Whitmire

It was the luck of the draw for Texas senators on Wednesday as they drew lots to decide which half of them would get two-year terms and which would get four-year terms.

The practice is outlined in Article 3, Section 3, of the Texas Constitution, which calls for “Senators elected after each apportionment [redistricting]” to be divided into two classes: one that will serve a four-year term and the other to serve a two-year term. That keeps Senate district elections staggered every two years. After that, senators serve four-year terms for the rest of the decade.

On Wednesday, each of the chamber’s 31 lawmakers walked to the front of the chamber and drew lots by picking an envelope that held a pill-shaped capsule. Inside the capsules were numbers: Even numbers meant two-year terms, and odd were for four-year terms.

“I’m sure each and every one of you are happy with what you drew, right?” Lt. Gov. Dan Patrick joked.

Sixteen senators had Lady Fortune on their side and drew four-year terms, and fifteen unlucky souls will have to run for reelection in two years.

[…]

All eyes were on Sen. John Whitmire, a longtime Democrat who has announced plans to leave the chamber to run for Houston mayor after the session, and Judith Zaffirini, a Laredo Democrat who is second in seniority to Whitmire.

Whitmire drew a two-year term, and Zaffirni drew a four-year term.

Three freshmen senators drew two-year terms, including Democrat Morgan LaMantia of South Padre Island, who was in the tightest race in the Senate last year. The two other freshmen, Republicans Kevin Sparks of Midland and Mayes Middleton of Galveston, both drew four-year terms.

After the 2012 election, the main question was whether then-Sen. Wendy Davis, who won a tough race in a district carried by Mitt Romney, would have to run again in 2014. She drew a short straw, and I think that contributed to her decision to run for Governor. Of course, we were in a time and of a political makeup in which Dems were getting creamed in non-Presidential years. That changed quite dramatically in 2018, when Dems won back Davis’ old seat and picked up another Senate seat as well. Sen. LaMantia had a tough race in 2022, and at this time I have no idea if it’s better for her to run in 2024 or not. We’ll just have to see.

As for Whitmire, what this means is that if he’s elected Mayor this year, things will be messy in SD15 the next year. There would be both a primary and a special election to replace and succeed him, much as there was in HD147 this past year. You could have the primary winner, who would get to serve a four-year term after winning in November of 2024, and the special election winner, who would serve out the remainder of 2024, be two different people. One person could face five elections total in 2024, if the primary and the special both go to runoffs; this would happen for someone who wins the primary in a runoff and makes it to the runoff (win or lose) in the special. Did I mention that the primary runoff and the special election would take both place in May, but on different dates, again as it was in HD147? Speaking as a resident of SD15, I’m already exhausted by this possibility, which may not even happen. May God have mercy on our souls.

Anyway. The Houston-area Senators who will be on the ballot in 2024 are Carol Alvarado (SD06), Paul Bettencourt (SD07), John Whitmire (SD15), and Joan Huffman (SD17). The ones who get to wait until 2026 are Brandon Creighton (SD04), Mayes Middleton (SD11), Borris Miles (SD13), and Lois Kolkhorst (SD18).

Meanwhile, over in the House

Texas House leadership on Wednesday shut down a long-building push to ban Democratic committee chairs, deploying procedural legislative maneuvers to defeat multiple proposals on the issue.

The chamber also approved new punishments for members who break quorum, like most House Democrats did two years ago in protest of GOP-backed voting restrictions. Those members left for Washington, D.C., for weeks to stop the House from being able to do business in an effort to prevent passage of the bill. Under the new rules, quorum-breakers can now be subject to daily fines and even expulsion from the chamber.

The chamber passed the overall rules package by a vote of 123-19, with Democrats making up most of the opposition.

Going into the rules debate, most attention was on the subject of committee chairs, who have the power to advance legislation or block it from being taken up by the full House. For months, a small but vocal minority of House Republicans have been calling for the end of the chamber’s longtime tradition of having committee chairs from both parties. But Speaker Dade Phelan, R-Beaumont, and his allies moved successfully Wednesday to prevent the matter from even getting to a vote on the floor.

They did it by passing a “housekeeping resolution” earlier in the day that included a new section codifying a constitutional ban on using House resources for political purposes. That resolution passed overwhelmingly with little debate or fanfare. Rep. Charlie Geren, R-Fort Worth, then cited the new provision to call points of order — procedural challenges — on two amendments proposed by Rep. Bryan Slaton, R-Royse City, to restrict Democratic committee chairs. Phelan ruled in favor of Geren both times.

“The amendment would require the speaker to use public resources, including staff time and government facilities, on behalf of one political instrumentality,” Phelan said the first time. “This obviously would require the speaker to violate the Housekeeping Resolution.”

It was a relatively anticlimactic end to the fight over Democratic committee chairs, which were a major issue in House primaries earlier this year, a rallying cry for conservative activists and a recurring theme in speeches as the legislative session kicked off Tuesday. After the House reelected Phelan by a nearly unanimous vote, he cautioned freshmen to “please do not confuse this body with the one in Washington, D.C.”

“After watching Congress attempt to function last week, I cannot imagine why some want Texas to be like D.C,” Phelan said.

Committee appointments are expected to be made in the next couple of weeks. Phelan has said he will appoint roughly the same proportion of Democratic chairs as last session, but it remains to be seen whether they’ll be appointed to lead any powerful or coveted committees.

The amendment about sanctions for quorum-busting drew more No votes, almost entirely from Dems. Honestly, I have no problem with what was passed. It’s perfectly appropriate for the chamber to have sanctions for that kind of action, and it’s not that different, at least to my mind, than what was passed after the 2003 walkout. New rules get adopted each session, this can always be revisited in the future. TPR has more.

HD135 election contest dismissed

From the inbox:

This week, Speaker of the Texas House Dade Phelan dismissed the election contest filed by Mike May, the candidate who lost to Representative Jon Rosenthal in the 2022 election for house district 135. The case was dismissed because May failed to timely pay the security of costs required by Texas law.

“This quick dismissal shows these election contests are largely about political posturing and undermining our democratic processes,” said Harris County Attorney Christian D. Menefee. “I thank Speaker Phelan and Representative Morgan Meyer for upholding the law and ensuring the will of the voters stands.”

Under Texas law, the Texas House of Representatives presided over this contest because it was filed by a candidate for that body. Unfortunately, more than 20 other election contests are still pending in Harris County—most of those races had greater vote margins than May’s. Those cases are expected to proceed over the next few months.

See here for the background. This one was particularly unserious, and the resolution shows how weak it was. Here’s County Attorney Menefee’s Twitter post, with a copy of the letter to May from Speaker Phelan:

My post about the HD135 election contest ran on December 3, so it was filed at least one day before then. The deadline for paying the required fee – I have no idea how much, but if there was even a sliver of a chance this was for real, this guy would have had no trouble getting some fat cat to pay for it as needed – was December 9. Maybe he could have gotten an extension if he’d asked and had some reason for it, but practically speaking this thing has been dead for a month.

This has no effect on the other challenges filed by other losing losers, as legislative contests are heard in the House while these others will be argued in a courtroom. They aren’t any more valid, they’re just in a different venue. From the County Attorney’s press release, they may take awhile to be resolved. I will of course keep an eye on them. The Trib, whose story published after I drafted this and which mostly recapitulates what I’ve got here, has more.

More on the Winter Street Studios fire

The Chron profiles two artists that were affected by the recent fire at the Winter Street Studios.

At Winter Street Studios, red caution tape draped an X pattern over an entrance to the building, a workspace for Houston area artists. The door is gone and black stains from a fire around the outer entrance are a stark contrast on the exterior of the large white structure.

Further into the building, chunks of the pillars are blown off, revealing brick and concrete. In one hallway, clean white squares where paintings used to hang stand out against the charcoal of the wall. In the area where Montgomery County based artists Toria Hill and Rebekah Molander have their studios, hallways that were once white and adorned with vibrant artwork are now soot stained.

The scene is a heartbreaking one for them both, especially since a person who was tied to the arts community was deemed responsible for the fire. It is testing Molander’s sense of security.

“It’s a safe place. What would be safer than an artists’ community?” the 38-year-old Woodlands artist said. “Who targets a group of artists and who destroys art? Of all things, art and music bring people together. Now that feeling of safety has been damaged.”

Molander had 18 pieces on display at the gallery in Sawyer Yards when authorities said it was set on fire on Dec. 20. The arsonist targeted the first-floor worksite of Bohemian Photography, then died by suicide days later, according to the Houston Fire Marshal’s Office. Bohemian owner Jack Potts and the man who set the fire were friends and reportedly had a disagreement over $1,000 in equipment.

[…]

The fire destroyed hundreds of pieces of art at the gallery, where about 110 artists rent space among the 77 studios to create and store their work. Some of the artwork may be salvageable, Hill and Molander said. All the artists are sharing notes on how to recover their work.

Hill will soon turn to an art restoration group, hoping her work can be salvaged. She suspects, however, that nothing is resellable. She had what is called “show insurance” that covers six pieces. But that only covers the supplies, like paint and brushes.

“They all smell like they’ve been sitting in someone’s chimney,” Hill said. “We’re learning it’s hard to get the smell of smoke out of your canvas without ruining the work.”

She’ll be focusing on creating more work before big shows like the Bayou City Art Festival in March and The Woodlands Waterway Arts Festival in April.

Molander, part of an artist collective called The Seekers who work out of the Taft McWhorter Art Gallery, couldn’t get in the building until the week following Christmas. She and her husband donned masks because the smoke smell was so thick. They took the 18 pieces that were on display, wrapping them with commercial grade plastic.

Once home, they’ve been airing the pieces out in intervals.

“One issue is that some soot, especially from the back of the canvas, could seep in and further damage the paintings in the next six months,” Molander said.

She also purchased a tool called a soot eraser — a dry chemical sponge — to clean the canvas.

“When you swipe down, the sponge comes out black. It’s incredible the way it works,” Molander said. “Right now everyone is trying to be as positive as they can. This isn’t anything I’ve ever dealt with but it’s giving me a lot of hope.”

The Houston Arts Alliance has activated its emergency relief fund, first created in 2020 to support artists during the COVID-19 pandemic, to help those whose studios were damaged. Donors can contribute to the fund at the alliance’s website https://ready.haatx.com/.

See here for the background, and please do consider making a donation to the support fund. I went looking for more stories to see what news there has been in the intervening weeks, and I found this from about ten days after the fire. There’s a lot of background about the studio and its history and purpose, but what really caught my eye was towards the end, about its immediate future.

The arson victim was a behemoth of a building: the 75,000 square-foot space at 2101 Winter Street, a historic brick-and-concrete structure dating from 1928, originally built by E.A. Hudson for the Houston Transfer Company. The rambling two-story fortress later become Harris Moving & Storage, before being turned into studios for rent for professional artists by developer Jon Deal in 2005. Deal took a chance on rehabbing the rambling elephant of a building, betting artist-generated income could be financially successful.

The developer also had to convince the permitting department, which granted the building the first permit ever under the groundbreaking Artist Studio Ordinance in the City of Houston.

Flash forward 17 years, and Winter Street had become the bedrock of what would morph into one of the largest communities of working artists in the country. The thriving Sawyer Yards complex, that has also birthed under Deal and other partners, a plethora of pendant properties for artists, other creatives, stores and restaurants, led by Spring Street Studios, Silver Street Studios (home to the international biennial of photography FotoFest) and The Silos at Sawyer Yards. Winter Street Studios has also been the headquarters, thanks to generous owners, of countless fundraisers, mostly notably the art auction benefiting affordable housing and artists, the iconic Art on the Avenue presented by Avenue CDC.

[…]

What Deal once did to rehab the raw, cavernous space of Winter Street — later replicating that model throughout Sawyer Yards — makes many confident that he can and will do it again.

We reached out to Deal the Friday before Christmas. Within hours he emailed back details to PaperCity of his new plans that provide uplifting news to not only the Winter Street Studios artists, but also members of the Houston art family at large.

“Definitely arson,” Deal tells PaperCity of the cause of the devastating fire. “I reviewed some of the video with the arson investigators and it was a targeted theft and firebombing of a specific studio. With our building and campus cameras we were able to follow the thief/arsonist’s steps from the time he entered campus to the entry into Winter Street Studios then directly to the studio door without hesitation at any turn.

“Clearly he had been in the studio before (photographer Jack Potts’ studio). On the video you can see him leaving the studio at a rapid pace and then seconds later the explosion.”

“The eastern 1/3 of the building, Section C, looks like a war zone on the first level,” Deal details of the damage. “The remainder of the building (Sections A & B) suffered severe smoke damage, which left a thick soot. The second level of Section C shows signs of structural damage due to the heat of the fire.”

Now that a plan is in place. Deal has a timeline in mind.

“Our plan is to have Sections A & B (2/3 of the building) cleaned and ready for the artists to move back in in February,” he tells PaperCity. “Section C will require some structural repairs and complete rebuild of about one half the studios in that section of the building. We are estimating that it will be six months before we are able to get those studios ready for the artists to move back in.”

As to who will rebuild Winter Street, Deal dispatched his own crews immediately.

“The fire occurred at 5:20 am Tuesday, December 20,” Deal details.” We had crews on site at 7 am on Wednesday, December 21, and have already made it possible for artists to enter their studios in Sections A & B. Many already have. We made the decision to remediate in-house (Dealco) as we felt like we were able to mobilize quicker with more manpower and equipment than the remediation company could.”

Another silver lining is the nearby presence of warehouses under the Sawyer Yards umbrella.

“Silver Street opened up warehouse space that had recently been vacated and is allowing the Winter Street artists to store their artwork there until we can get them back in the building,” Deal shares. “We are prepared to open two of our warehouses a little further away if needed.”

And wall space will be provided, Deal notes.

“Alexander Squire, Sawyer Yards creative director, will be coordinating with management and other building artists to help the Winter Street artists to display what artwork they have left during the second Saturday event in January and in February if necessary,” Deal tells PaperCity.

You can click over to see some pictures. I’m very glad to hear there’s a plan in place to rehab and recover, and I look forward to the grand re-opening. The Leader News has more.

Texas blog roundup for the week of January 9

The Texas Progressive Alliance mourns the death of labor stalwart David Van Os as it brings you this week’s roundup.

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