Our wastewater COVID tracking is a big deal

Nice to be recognized as a leading innovator.

The practice of using plumbing to track and prevent disease isn’t new. A series of cholera outbreaks in the mid and late 1800s prompted many cities, including LondonBoston, and Chicago to install sewer systems in the first place. In the 1940s, health authorities began tracking polio in wastewater. But after the disease declined to be a major threat in the US, wastewater surveillance became mostly limited to academic research studies. Covid changed that: Today, about 40 percent of the country lives in an area where their feces are monitored for the coronavirus. Several European countries, including Finland, Spain, and the Netherlands, established national wastewater monitoring programs not long after the pandemic hit.

In March, I visited a Houston wastewater plant to see how it works. The city’s Covid surveillance program is considered among the most impressive in the country, in part because of the sheer scale of it: Officials are tracking Covid for its more than 2 million poopers across 39 wastewater treatment plants—more plants than in New York City, Los Angeles, and Chicago combined. It helped that Houston is home to some of the world’s leading statistical and epidemiological experts who “dropped everything” to establish the wastewater program, says Loren Hopkins, a statistician at Rice University and Houston’s chief environmental science officer. The effort has been so effective (and in a red state, no less) that the Centers for Disease Control and Prevention has tapped the city to help develop trainings for the rest of the country.

On a Tuesday morning, I join Houston Public Works managing engineer Walid Samarneh to watch as his designated “sample guy,” Nadeem Rehan, collects a jug of murky, slightly chunky sewer water as it is being pumped into the plant for treatment. If you’ve ever had your toilet back up, you’d be familiar with the smell—organic, like lake water, with hints of acidity and eggs. He pours the water into two bottles, one to be transported to the Houston Health Department and the other to Rice University for testing. Then, as I see at Rice, a cheerful team of scientists preps the sample for a PCR-based test (similar to the ones run on our nasal swabs) to deduce the concentration of virus in the sample—and by extension, the community. By Monday, statisticians will have analyzed the data for each wastewater treatment plant and uploaded it to a public dashboard where Houstonians can see the Covid trends in their area. It’s a bit like checking the weather, but for Covid.

But what I found most compelling about Houston’s program is how city officials have used its sewer data to fight the virus. For one, explains Dr. David Persse, the city’s chief medical officer, it’s allowed hospitals to know when to expect a surge in patients, and when to avoid scheduling elective surgeries that would otherwise limit capacity. The city also conducts “pinpoint testing” at sewers just outside of schools, jails, homeless shelters, and assisted living facilities. (This requires a two-person team to physically visit each location and in some cases hoist sampling devices from cockroachey manholes.) Particularly in the early days of Covid, this site-specific testing served as a warning system: If the virus appeared in a nursing home’s wastewater, Persse says, “[we’d] test everybody, all the employees, residents—bada bing, we found it. And then they could control it.” According to Persse, just 8.4 percent of Covid deaths in Houston have been related to long-term care facilities, compared to an estimated 23 percent nationally.

Some cities, Houston included, are already relying on wastewater to track RSV and flu outbreaks, too. “We started seeing the flu since like late summer, earlier than normal,” says Raul Gonzalez, who runs a surveillance program in Hampton Roads Sanitation District in Virginia. “It was great to be able to say, ‘Hey, look, the flu is already on the rise—it’s earlier than it usually is.’” It’s also possible to monitor sewage for rare but known threats like hepatitis A or dengue. (In early 2022, officials in London, for instance, discovered the first known case of polio in the country since 1984 with wastewater infrastructure designed for Covid. Similarly, last summer, at some sites in the San Francisco Bay Area, researchers spotted Mpox in sewage—before there’d been any reported clinical cases.)

And then there’s the holy grail of wastewater surveillance: “Pathogen X,” a term epidemiologists use to refer to the next virus with pandemic potential. For now, this research is still in preliminary stages, says Lauren Stadler, an environmental engineer at Rice University who is working to develop systems to detect emerging pathogenic threats to humans. But scientists say it could work by placing “sentinel” sewage sampling sites by places where threats may first appear, like international airports, zoos, or livestock and poultry farms.

See here for previous wastewater blogging. The “in a red state, no less” comment made me grind my teeth – seriously, we’re a big Democratic city with a world-class medical center, maybe you’ve heard of us? – but the rest of the story is good. We have used the wastewater to track mpox in addition to RSV and the flu, and I’m sure there are other use cases out there. I knew of some of the things Houston had done in response to the data, to mitigate the spread of COVID, but I hadn’t known we had done such a good job controlling the spread at long-term care facilities. Kudos to all for that. Read the rest and be glad we had the right people with the right expertise to do all this good work.

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Is ShotSpotter working?

This story would suggest the answer is No.

Houston city leaders deployed the gunshot surveillance system ShotSpotter to strengthen police responses in neighborhoods where gunfire too often rings out. But three years into its deployment, crime statistics show the technology hasn’t made a dent in gun violence in the select areas it covers – with a side effect of distracting officers from other calls for help.

While the Houston Police Department doesn’t dispatch officers for all 911 calls about gunfire, they treat every ShotSpotter alert as a top-priority report that warrants an immediate response. This approach has sparked concerns over inefficiency and risks of over-policing, placing Houston at the center of a roiling national debate about the technology.

“No matter what other call you’re on, if (a ShotSpotter alert) drops, you go,” said Douglas Griffith, president of the Houston Police Officers’ Union. “You’re not going to that burglary report or that theft report. You’re now going to ShotSpotter.”

Many ShotSpotter alerts would not be assigned such urgency if reported through other channels, according to Griffith. The likelihood of an alert resulting in an incident report — less than 20 percent — is about half the rate of traditional 911 calls, he said.

The program’s launch in Southeast Houston in late 2020 has contributed to longer police response times in ShotSpotter-covered neighborhoods, Griffith said, particularly for calls considered less urgent than ShotSpotter alerts.

For example, response times for so-called Priority 3 calls – calls in which a property crime has just occurred or when a resident reports a life-threatening incident after the fact – spiked from under 60 minutes in 2020 to over 100 minutes in 2022 in these areas, police records show. Response times are also rising in other neighborhoods, but in many places less dramatically, according to a Houston Chronicle analysis of city data.

Houston Police Department Assistant Chief Milton Martin said the department is prioritizing ShotSpotter alerts because they offer more precise location details than traditional 911 calls.

He – and even Griffith – highlighted multiple cases where the alerts have allowed officers to promptly arrive on the scene and assist injured victims.

“Does (ShotSpotter) pull patrol officers off of other calls? Absolutely,” Griffith said. “But it gets our guys there very quickly and helps us, one, to stop any shooting that’s actively taking place, and No. 2, it also saves people that have been shot…You take the good with the bad.”

Joe Ferguson, a former city of Chicago inspector general who studied ShotSpotter extensively in his role as the city government’s watchdog, doesn’t see it that way. Rather than dispatching a unit to every ShotSpotter alert, he said, the responsible way to approach an alert would be to immediately analyze area risks, recent community reports and officer observations of nearby suspicious activities. Officers can then make an informed decision on dispatch or dismissal.

“Houston is letting the technology tell them how to police,” Ferguson said. “That is the danger of new technology put in the hands of people who treat it as a shiny new toy and are not doing the thinking about how it actually should be used.”

See here for the background and go read the rest, there’s a lot more. My thinking when I first heard of ShotSpotter was that we should see what the data says about its effectiveness. There may be other ways to interpret what we see here, but right off the bat it’s not encouraging. If the effect isn’t clear and obvious, it’s not likely to be doing much. I’m in agreement with Joe Ferguson here. That does mean that perhaps we’re just not using this in an optimal way. It’s certainly possible that we’ll need to tweak and experiment and try different things before we can say definitively whether or not this works. But first that means a willingness to engage with the data and make changes as suggested by it. I’m not sure I’m seeing that either, and that’s at least as big an issue. Note to all the Mayoral and City Council candidates: What do you think about this?

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Future legislator Miss Texas

Gotta say, I’m impressed.

Averie Bishop

The day of the school shooting that killed 19 children and two teachers in Uvalde, Tex., last year, Averie Bishop posted a TikTok video, sobbing. “These things happen all the time and nothing changes,” she said.

After the Supreme Court overturned abortion rights, following her home state’s own restrictions, she posted again: “When you live in Texas and all you wanted was a hot girl summer, but now you have a ‘no reproductive rights’ summer.”

In March, she posted about the need for comprehensive sex education and mourned the 50th anniversary of Roe v. Wade, the abortion precedent abandoned by the court. In May, she posted videos touting the need for affordable health and reproductive care.

The fact that Bishop has professed her liberal views on race, abortion, immigration, voting, same-sex marriage, school shootings and comprehensive sex education — which Texas public schools don’t require — may not be surprising considering she’s 26.

What is startling is that Bishop has spoken out while competing for, and as, Miss Texas. The perch has normally been occupied by apolitical women, but in Bishop’s case, the pageant queen has used it to push back against the far-right policies supported by Texas’s White male leaders.

Her platform — diversity and inclusion — represents much of what Texas has been outlawing. In June alone, Gov. Greg Abbott (R) signed laws banning diversity offices and training at state universities, “sexually explicit” books at public schools, drag shows and gender-affirming care for youths.

The first Asian contestant to win the crown in the pageant’s 85 years, Bishop is an avatar for a rapidly diversifying state, one that despite its historic image is now majority minority, a change that is remaking cities, rural areas and political alliances, if not state leadership.

Bishop has done her share of lobbying them. In Austin, she met with Republican leaders to talk about the state’s needs. She pressed North Texas lawmakers against the bill to ban college diversity and inclusion programs, explaining how she had benefited from them.

The measure ultimately passed the Republican-controlled legislature along party lines, but Bishop still felt she made progress.

“To be seen, that’s the first step in making a lot of change,” she said.

For Bishop, being Miss Texas — a year-long role that ended Saturday — not only meant becoming a visual symbol for the state’s newest and least visible residents, but also having her legitimacy constantly challenged despite her rhinestone-studded crown and satiny white sash. Texans tell her they’re surprised she won, or that she can’t be Miss Texas because she’s not blond. Often, she said, older White Texans will ask, “Are you really Miss Texas?”

“It’s the ‘really,’ in that sentence, ‘Are you really Miss Texas?’ like, ‘What do you mean ‘really?’ I’m sitting in front of you!’” Bishop said.

[…]

As Miss Texas, she’s traveled more often and farther than her predecessors, about 70,000 miles, speaking in Las Vegas, Los Angeles, New York, Connecticut, Ohio, Wisconsin and even England. She’s addressed scholars at Oxford and the national Cattle Feeders Association. She has driven more than 45,000 miles across Texas, cycling through seven cars from a pageant sponsor. Along the way, she has met with a Texas that looks more like her than the state’s political leadership.

“She’s a hero,” said Autumn Keiser, a spokeswoman for Planned Parenthood of Greater Texas who tracks Bishop’s posts. “To be representing this so bravely, that is huge.”

Bishop was a reluctant beauty queen, an outlier in the highly-competitive “sash state” whose winners often go on to place at Miss America (Bishop won second runner-up at the national competition, at which she posted videos of herself on TikTok interviewing fellow contestants and dropping her trophy).

Scholarship prize money drew her to pageants, first Miss Lufkin in East Texas, then Miss Carrolton in the Dallas suburbs, Miss Dallas and ultimately, on her third try, Miss Texas. So far, she’s won nearly $90,000, putting a dent in her student debt (she also posts about her support for student loan forgiveness).She courted controversy from the start. During competitions, she said, pageant moms complained about her posts favoring Planned Parenthood or including Beyoncé songs with curse words.

[…]

The crowd that gathered to watch Bishop parade through Fairfield looked like much of Texas. White cowboys herding longhorn cattle and Latino vaqueros with high-stepping Mexican dancing horses lined up to march through town. Miss Freestone County and Miss Freestone Teen, both blondes, appeared alongside contestants in this year’s pageant who were Black and Latina.

At the start of the parade, Bishop posed next to a cherry red 1951 convertible with the beaming woman who had donated it for her appearance: a gun belt manufacturer who wore earrings with tiny dangling revolvers. Floats lined up nearby, including one from Faith Academy of Freestone, which teaches creationism.

Bishop perched on the back of the convertible as it lurched past Robinson Trading Post’s “Guns, Knives and Ammo” sign and a truck bearing the bumper sticker “Make Texas A Country Again.”

While many only see that version of Texas, she believes young Texans are more open-minded, their views evolving through conversations like those she has had across the state where, polls show, most oppose state lawmakers’ stances defending guns and banning certain school books and most abortions.

“The core root issue when it comes to disrespecting people from different communities and putting down minority communities are people who did not receive an education‚” Bishop said. “ … These people will continue to grow up and act the way that they do when they are not called out for it or they don’t receive the proper tools to have those conversations.”

Her time as Miss Texas may be just the start of her campaign against those now in power. Within the next few years, Bishop hopes to run for a seat in the state legislature. “We are literally pushed to our wits’ end,” she said of young Texans. “We are equipped and ready and just waiting for the time for these individuals to be challenged.”

For now, she is trying to hasten the visibility of a changing state.

Note that Ms. Bishop is now the former Miss Texas; the new Miss Texas began her tenure at the beginning of the month. I look forward to supporting Averie Bishop’s future campaign. I know this is a long excerpt but there’s quite a bit more and it’s worth the read, so check it out. Between Averie Bishop and R’Bonney Gabriel, the pageant world is a lot more interesting than I would have thought.

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Major League Cricket

America’s newest major league makes its debut today.

While cricket has flourished in England and some of its former colonies, it has never taken off to the same degree in the United States, where some have perceived it as impenetrable.

A sport played in its purist form by players in long white uniforms, test cricket goes on for five days and still often ends with no winner, with days so long players twice have to leave the field for meals.

Major League Cricket, which begins on Thursday, could change that perception. For a start, the games only go for just over three hours.

MLC will comprise six teams, from San Francisco, Los Angeles, Seattle, Dallas, New York and Washington, which will play a competition of 18 matches before the first final on July 30.

Teams will have a maximum of 19 and minimum of 16 players, combining international stars and home-grown players selected through a draft which was made when the league was launched, officially and metaphorically, at Space Center Houston. Each team was allowed to sign nine local players, one of which had to be under-23.

The salaries of international players will be drawn from an initial $120 million investment from corporate backers, mainly from India.

The teams will play Twenty20 style which might be portrayed as cricket with the dull bits removed. The format may be more appealing to the American sport palate because there is always a winner: if the teams are still tied after both innings — each comprising 20 six-ball overs — a tie-breaking “super over” is played to find the winner.

Most matches will be played at the Grand Prairie Stadium near Dallas, converted to a cricket stadium with 7,200 seats and a grass pitch. Other matches will be played at Church Street Park in Morrisville, North Carolina.

The league follows the model of professional Twenty20 — or more broadly known as T20 — leagues which already exist in places such as India, Australia, Bangladesh, Pakistan, the Caribbean, the United Arab Emirates, South Africa and Canada. They’re all supported by a travelling troupe of international players — many of them T20 specialists — who give leagues marquee quality.

[…]

MLC has broader ambitions, to build minor leagues in a bid to develop training and development facilities and support the U.S. national team.

Now it remains to be seen whether American fans will find Major League Cricket to their taste and make the league itself everlasting.

Ginger has noted the arrival of this league in Dispatches from March 24 and June 30. The Axios newsletter she linked to in that second post would be an excellent PowerPoint presentation summarizing the league. There’s a lot of local interest in cricket here – we have a large Indian/Pakistani community – but Dallas got the MLC team. Oh well.

The season is super short, and like Ginger I’m skeptical of the “outdoor sports in Dallas in July” viewing experience, but I figure this will be a success. If so, I’d expect expansion, so maybe we’ll get a team here sooner or later. There’s a lot of international TV coverage, but broadcasts in the States are on something called Willow TV. I’ll be interested to see how this goes and maybe catch a game one of these days. WFAA has more.

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Texas blog roundup for the week of July 10

The Texas Progressive Alliance went and joined Threads but can’t really say why as it brings you this week’s roundup.

Continue reading

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Here are your volunteer “NES-aligned” schools

See if yours is on the list.

Fifty-seven Houston ISD schools will voluntarily take part in Superintendent Mike Miles’ vision for reshaping campuses ahead of schedule, district officials announced Tuesday.

The 57 campuses will comprise what Miles has coined the “NES-aligned” program, a pared-down version of the overhaul occurring at 28 “New Education System” campuses ahead of the upcoming school year. Miles plans to implement “wholesale systemic reform” at 150 campuses by 2025, but NES-aligned campuses will see changes sooner than originally planned.

The changes at the 57 schools, which will be implemented starting in August, will include new employee evaluation systems and a revamped staffing model that could result in cuts to non-teaching staff.

The schools will operate on an extended 6:30 a.m. to 5 p.m. schedule, a shift that offers flexibility to working parents, Miles said. The district also will choose and purchase curriculum for the 57 schools, as well as provide guidance for materials and lesson plans. In addition, the responsibility of managing the campus budget will be shifted from principals to the district’s central office staff.

Teachers at the 57 campuses will not be required to reapply for their jobs, and they will not receive significant pay raises. HISD is making those changes at the 28 campuses targeted for the biggest overhaul.

The NES-aligned program was spurred by principals requesting to join the original NES program, Miles said. However, fully overhauling more than 28 schools this year wasn’t possible.

“I am overwhelmingly proud that this many HISD school leaders are ready to take bold action to improve outcomes for all students and eradicate the persistent achievement and opportunity gaps in our district,” Miles said in a statement.

See here and here for the background and click over to the story to see the list. As I said, I can understand why a principal might want to do this now, whatever one thinks about the overall program. I just hope that each schools’ community was informed and on board with that decision. The Chron and the Press have more.

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Squeezing in the Gulfton BRT extension

Hope they find a way everyone can live with to make this work.

Bringing better bus service to one of Houston’s most transit-dependent and oft-ignored areas has Metro officials balancing, yet again, how best to upgrade service without upsetting advocates and drivers.

Approval of a preferred route for a proposed bus rapid transit line through Gulfton is scheduled for later in July by the Metropolitan Transit Authority board. The likely route, shown to the community in late June, runs for about four miles, starting at the Westpark / Lower Uptown Transit Center on Westpark. Buses would run along Westpark, Chimney Rock and Gulfton to wind through the area, then follow Hillcroft south to Bissonnet.

Officials have not released an estimated cost for the project, which would change depending on the route selected from about six different scenarios Metro examined. Any of the proposed routes would cost tens of millions of dollars, as they will require rebuilding streets, adding sidewalks in some spots and constructing platforms for the service.

Bus rapid transit operates similar to light rail, picking up and dropping off passengers at stations, with buses using dedicated lanes in the center of the street.

Fitting those lanes into the existing streets, however, remains a concern for nearby residents, even as they cheer the improved transit. Along Chimney Rock and Hillcroft, the choice is between eliminating a vehicle lane for drivers in each direction or removing or significantly narrowing the grassy, tree-lined median.

“Taking a lane off Chimney Rock would be a disaster — a total disaster,” said Ruth Lennon, 55, who works at a business along the road in the area where the buses will run. “I’d hate to lose the median though. Without the trees, it would be so gray.”

Already facing concerns that Gulfton gets hotter than many parts of Houston because of the lack of shade and abundance of concrete, every tree counts – as does every crosswalk and usable sidewalk.

“You have to have room for the bus, and room for the people,” said Joyce Almaguer-Reisdorf, 46, who lives nearby in Sharpstown. “We can work toward density without taking away the greenspace and the trees.”

[…]

Citing the huge demand for transit in the area – peppered with apartments that are often the first homes of incoming immigrants to the country because of their proximity to social services along Hillcroft – Metro said better bus service is a critical part of its long-term plans.

“Gulfton to me is the poster child for the need for public transit,” Metro chairman Sanjay Ramabhadran said.

Critical to meeting that demand is making some very simple links to major routes, officials have said. The Gulfton line will intersect with both the planned University Corridor, the east-west spine of Metro’s long-range goals, running as far west as Westchase, and the Silver Line BRT through Uptown, which will eventually lead to a planned rapid bus line down Interstate 10 into downtown Houston.

“That will provide the Gulfton area connectivity to almost the entire Houston region,” Ramabhadran said.

I have no idea what the best answer is here. Whatever Metro chooses, a nontrivial number of residents won’t like it. It’s a shame and it’s another reason why the right time to have built in transit infrastructure was decades ago, but no one is building a time machine so this is what we have to deal with. Besides, the second best time to build transit infrastructure is right now. I hope Metro finds the best way forward and I wish them good luck getting there. This piece of the system really will make a difference for a lot of people who could use better transit, and have rarely if ever been prioritized.

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Climate change is bad for mosquitoes

I think we all can have mixed feelings about this.

Houston may be getting too hot even for mosquitoes, whose bites can be both annoying and dangerous, according to a new analysis of daily temperature and humidity in 242 locations across the contiguous U.S.

The report, published by climate science research group Climate Central, calculated that from 1979 to 2022, Houston has had a drop in annual number of “mosquito days” — defined as days with daily minimum and maximum temperatures between 50 and 95 degrees and an average relative humidity of 42 percent or higher.

Due to climate warming, over 70 percent of U.S. locations analyzed sustained an increase in annual mosquito days. Most of the locations with decreases in mosquito days, like Houston, are in the South, where summer temperatures often surpass the upper range for suitable mosquito conditions.

Houston had a total of 240 mosquito days in 1979, while last year, weather in the city was hospitable to the pesky bugs only 182 days. Throughout the 43 years analyzed, the average number of Houston mosquito days annually has fallen around 5 percent.

Given a choice between climate change and mosquitoes, I will – somewhat reluctantly – pick the mosquitoes. Now if you’ll excuse me, I’m going to find a quiet place and contemplate my feelings for a few minutes. Carry on without me.

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Sen. Gutierrez officially announces for US Senate

We have ourselves a real contested primary.

Sen. Roland Gutierrez

State Sen. Roland Gutierrez, D-San Antonio, announced Monday he is joining the Democratic primary to challenge U.S. Sen. Ted Cruz, R-Texas.

Gutierrez made his campaign official in a nearly four-minute video that starts with him driving to Uvalde, the city in his district where a deadly school shooting took place last year. He says the massacre was about more than guns but also about how Texas leaders have neglected the state, including rural Texas and “systems … that are supposed to keep us safe.”

“That failure hasn’t been isolated,” Gutierrez said. “I’m running against Ted Cruz because everything that we’ve seen in this state has been nothing but taking care of rich people while the poor people, the working class, get screwed over.”

The video also singles out Cruz for his 2021 trip to Cancun during the power-grid collapse in Texas, calling it “just indefensible.” And it also takes shots, briefly, at other state GOP leaders, including Gov. Greg Abbott and Attorney General Ken Paxton.

Gutierrez’s entrance into the 2024 race has long been expected, and it sets up a primary matchup with U.S. Rep. Colin Allred of Dallas, who announced his campaign in May.

“Our campaign is laser focused on beating Ted Cruz, and we are happy to welcome anyone who shares that mission into this race,” Allred campaign manager Paige Hutchinson said.

[…]

Gutierrez began in the Texas House before winning election to the state Senate in 2020. He does not have to give up his Texas Senate seat to run against Cruz because it is not on the ballot again until 2026.

Gutierrez faces a serious opponent in Allred, who has already picked up a number of national endorsements and has raised more than $6 million. He also transferred $2.4 million from his House campaign account.

In an interview with WFAA, Gutierrez did not shy away from a contrast with Allred. Gutierrez said he is sure Allred is a “nice man” but added that the “fact is, I’ve done a heck of a lot more than he has in public service.”

Allred’s campaign has brushed off talk of primary opponents, saying he is focused on defeating Cruz, who is seeking a third six-year term.

Another Democrat in the Legislature, Rep. Carl Sherman of DeSoto, also is considering running for Senate.

There was a DMN story from last week that reiterated Sen. Gutierrez’s intent to run; a WaPo story from May had the same message. Gutierrez has not been deterred by Rep. Allred’s fast fundraising start or the potentially long summer of special sessions, which prevents him from raising cash. I’m not sure how he plans to make headway, but that’s for him to determine. He does have a longer record of service and he was very much the go-to person in the Lege this spring for all things related to Uvalde. I expect him to have very dedicated supporters, and that means something.

As I’ve said before, I’m fine with there being a high-profile contested primary. It gets everyone focused from the beginning, and while the potential is certainly there for some nastiness, the good news is that everyone ought to remember that in the end they’re running against Ted Cruz. I hope that the real competition is about who can attack our very junior Senator the most sharply.

This has been a contested primary since Allred’s entry, since former Midland Council member John Love was there first. Love seems like a decent guy and I hope he considers running for Railroad Commissioner or maybe Land Commissioner in 2026. Heli Rodriguez-Prilliman is in there as well, and as of a few days ago so is someone named Steve Keough. For obvious reasons, this is an Allred-Gutierrez showdown, and the rest is details. As for State Rep. Carl Sherman, whose name has only recently entered the conversation, I cannot for the life of me see why he would enter this race. Like Allred, and unlike Gutierrez, he would have to give up his (very safe) seat to run, and there’s just no universe in which he can outperform his Dallas-area neighbor Allred. Stranger decisions have been made so we’ll have to wait and see, but my money is on Rep. Sherman remaining in the Lege. The Chron, Reform Houston, and Texas Monthly have more.

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Republicans finally agree on a property tax cut

Our moderate-length semi-statewide bit of unpleasantness is coming to an end. Probably.

The $18 billion compromise between the Texas House and Senate — which includes more than $5 billion approved for relief in 2021 — would give increased tax relief for the state’s 5.7 million homeowners and create a tax-credit pilot program for non-homesteaded properties. It would also cut taxes to small businesses and send billions of dollars to school districts so they can cut their tax rates across the board, according to details made public by state leaders Monday.

The proposal must clear both chambers before it heads to Gov. Greg Abbott’s desk. Abbott said he looks forward to approving it.

[…]

According to Phelan’s office, the legislation, expected to be passed this week, includes more than $12 billion to reduce the school property tax rate for homeowners and business properties; an increase to the homestead exemption from $40,000 to $100,000; and savings on the franchise tax for small businesses. It would also include a so-called “circuit breaker” program for residential and commercial properties valued at $5 million and under. The program would be piloted for three years.

“Reducing property taxes, providing relief to small-business owners, and reforming our appraisal system will ensure economic growth and prosperity, and this agreement is a significant victory for all Texans,” Phelan said in a statement.

After a monthslong standoff among Texas’ top Republicans, state GOP lawmakers finally struck a deal Monday on how to cut Texans’ property taxes.The new property tax relief bill, the franchise tax relief bill and the constitutional amendment required to enact the cuts will be filed later Monday, Phelan’s office said in a statement.

The deal marks the end of a stalemate among the state’s top Republicans that lasted nearly seven months as they butted heads over how to dole out $12.3 billion in new tax breaks budgeted by lawmakers earlier this year.

I haven’t paid much attention to Special Session-Palooza this year because life is short and I figured sooner or later the Republicans would realize this wasn’t a good look for them and they would rather be anywhere but in Austin for the summer. This agreement has two knock-on effects, in that it at least temporarily frees Sen. Roland Gutierrez to hit the campaign trail and raise a few bucks, and also sets up Abbott to call another session to try once again to jam vouchers down everyone’s throat. The expectation is that there will be a pause in between Special Session II (The Wrath of Khan) and Special Session III (Beyond Thunderdome), mostly because they didn’t want to debate vouchers while school was out and teachers had the free time to get to Austin and harangue them about it. Also, too, they might want to do something about this before that happens.

Anyway. I found this next bit to be hilarious.

An earlier proposal sought by the House to put a tighter cap on how much taxable property values can rise each year — also known as an appraisal cap — appears to have been left out of the final deal. Instead, the new plan includes a pilot tax-savings program known as a “circuit breaker,” which calculates how much a person should pay in property taxes based on their income levels.

Those tax-credit programs provide targeted relief to certain residents, like seniors, when their tax bills take up too much of their income. Details of the plan that would be included in the Texas Legislature’s new proposal were not immediately released Monday morning.

Circuit breaker programs “are not as simple [as appraisal caps] but they will deliver benefits to the [low-income] people you are concerned about, without also throwing tons of money at your wealthiest homeowners,” Richard Auxier, senior policy associate at the Urban-Brookings Tax Policy Center, told The Texas Tribune earlier this year.

Texas doesn’t have an income tax or a statewide property tax, which would help verify a person’s income and make such a program easier to administer. An idea to implement a circuit breaker program died in the 1990s because it came with enormous administrative costs in the absence of an income tax, according to Every Texan, a progressive think tank in Austin.

Other states have a version of this type of program. Half of those are part of the income tax or property tax systems, while others are treated as rebates, according to an analysis by Every Texan. A successful program in Texas would likely need to be a rebate-style program, the analysis says.

There’s more, so read the rest. The lengths to which our government will go, and the contortions they will engage in, to avoid the reality that an income tax would be simpler, fairer, and more efficient than the janky loophole-ridden special-interest-fest that is the current system never ceases to amaze me. The Chron has more.

Posted in That's our Lege | Tagged , , , , , , , , , , , , , , , | Comments Off on Republicans finally agree on a property tax cut

Another interim AG appointed

All hail the latest temporary overlord.

A crook any way you look

Gov. Greg Abbott announced Monday that a longtime aide, Angela Colmenero, will serve as the second interim attorney general following Ken Paxton’s impeachment.

After the House voted to impeach Paxton in May, he was immediately suspended from office, and Abbott later picked John Scott, the former Texas secretary of state, to be interim attorney general. But Abbott said Monday that Scott is departing and Colmenero will replace him, effective Friday.

“John Scott faithfully executed his duties as the interim Attorney General of Texas, and I thank him for his leadership in stepping up to serve his fellow Texans in this role,” Abbott said in a statement.

The announcement was something of a surprise, although Abbott seemed to hint at Scott’s brief tenure when he announced his appointment on May 31, calling Scott the “short-term interim attorney general.”

Colmenero has been serving as Abbott’s deputy chief of staff, a position Abbott promoted her to less than a month ago. She previously was principal deputy general counsel in the governor’s office. She also worked for Abbott when he was attorney general himself, including as chief of the General Litigation Division.

“Angela’s record of experience in state government and expertise in litigation will help her oversee the Texas Attorney General’s Office and serve as our state’s top law enforcement officer as the Texas Senate conducts impeachment proceedings,” Abbott said.

Colmenero’s appointment continues a trend of Abbott selecting people close to him for some of his most consequential personnel decisions in his time as governor. For example, he tapped Scott to be secretary of state in 2021 after the state Senate declined to confirm the previous secretary of state. Scott also worked for Abbott when he was attorney general.

See here for the background. The best thing I can say about Temporary AG John Scott is that he will have come and gone without me having to give him a single thought. May it be the same for Temporary AG Angela Colmenero.

Now, if Temporary AG Colmenero becomes Appointed And Hoping For A Full Term AG Colmenero – that is, if Paxton gets convicted and Abbott needs a more permanent temporary replacement, then we’ll need to take a closer look at her record and the fact that she’s yet another in a seemingly endless line of Abbott cronies and minions getting appointed to things. If it comes to that I will hope that the current levels of Republican-on-Republican acrimony and loathing have been maintained if not increased. This is what I wanted, y’all. Keep up the good work.

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Were these courts really necessary?

Should have added these two bills to the “will be sued over” list.

Republican state leaders’ plan to create two new types of statewide courts is facing backlash from critics who say they are unconstitutional and will unfairly benefit large businesses and strip legal cases away from Democratic judges.

The courts — one for cases involving state agencies or laws and another for large-dollar commercial disputes — were approved by the Texas Legislature and signed into law by Gov. Greg Abbott last month.

Abbott was an early supporter of the business court, whose seven judges he will personally appoint, saying it would help keep Texas an attractive place to do business and also bring a more “intellectual, methodical, judicial approach” to complicated cases that can often drag on for years in other courts.

Bill author and state Rep. Andrew Murr, R-Junction, said it would help Texas “strengthen its reputation as the best state in which to do business.”

More than two dozen other states have some form of business or complex litigation court.

[…]

Some have argued that the Texas Constitution doesn’t give Abbott the power to appoint judges to the business court. Further, they say both the business court and the new appellate court for litigation affecting Texas state agencies have statewide reach that isn’t legal.

As civil suits typically require some kind of harm or impact for a litigant to have standing, a legal challenge to these laws likely won’t come until the courts open up Sept. 1, 2024.

The two courts are legally intertwined in that appeals in the business court would be heard by the new statewide appellate court. Judges in the appellate court would be elected by voters statewide.

Steve Vladeck, a constitutional law professor at the University of Texas at Austin, wrote in a letter to lawmakers in April that a new appellate court can only legally be created by constitutional amendment, not by legislation. Constitutional amendments must be approved by Texas voters.

As for the business court, Vladeck said if not by constitutional amendment, lawmakers would need to create multiple county-specific district courts, rather than a single statewide district with spread-out divisions, and with judges who are elected, not appointed.

“Reasonable minds can certainly disagree about the policy wisdom of creating a statewide business court,” he said. “The critical point for present purposes is that, for better or worse, the Texas Constitution does not empower the Legislature to create such a tribunal.”

[…]

Texas already has 14 appellate courts that hear challenges that come up from state district courts. The new 15th Court of Appeals, established under Senate Bill 1045, will hear cases involving any state agency, board or other entity or state officer if it relates to their official duties. Its five justices, including a chief justice, will be elected statewide.

State Sen. Joan Huffman, a Houston Republican and former prosecutor and judge, said the new appellate court will reduce the burden on the Austin-based 3rd Court of Appeals, which she said frequently transfers cases to other districts because of its heavy caseload. The Austin court, as well appellate courts in Houston and Dallas, flipped blue in 2018.

David Coale, a Dallas appellate lawyer who was among those who raised constitutionality concerns about the new courts, said it’s hard to say whether politics was the driving force behind the proposal, but there’s no doubt it was a “substantial factor.”

“Whether (it was) a well-founded factor or not is another matter entirely, but it’s a lot easier to get support for something if you can say, ‘Look, the other team is gaining on us,’” Coale said. “There’s no question it made it politically more attractive.”

Third Court of Appeals Judge Gisela Triana, who said she spoke on behalf of all five justices on the bench, said the state’s Office of Court Administration has no way to identify and count cases involving the state in order to analyze whether a new court is necessary.

Triana said she reviewed cases from 2016 to 2022 and found that state-related cases that will go to this new appellate court made up less than 10 percent of the court’s docket.

“The five-justice court would have approximately 130 cases total per year,” Triana said. “Right now, the 80 justices we have statewide carry a load of about 130 cases each. What that means is this court of five would basically be doing the work of one justice.”

See here for my increasingly incomplete list of bills expected to be sued. As the story notes, not everyone agrees with Prof. Vladeck, so you can be sure this one will make it to the Supreme Court, perhaps quickly for a temporary restraining order, likely in a few years for the merits. If there’s no TRO and the judges for these courts get appointed, then I think we can safely predict how the merits case will go, but still.

What is clear is that this is about partisan politics. You can make your constitutional arguments, your workload arguments, your “these issues should be decided by judges who were elected statewide” arguments, and your “other states do it like this” arguments. In the grand spectrum of Republican justifications for doing the thing they want to do, I’ve heard worse. In the end, the funniest and best resolution is for a bunch of Democrats to get elected to these benches. That will require the kind of statewide breakthrough we’ve been waiting for since the 90s, but it will happen someday. And when it does, remember that Republicans did it to themselves.

Posted in Legal matters, That's our Lege | Tagged , , , , , , , , , , , , | 1 Comment

The sidewalk situation

We have a lot of work to do.

Growing up in Gulfton, Sandra Rodriguez walked just about everywhere.

Her father took the family’s only vehicle to work, so Rodriguez and her four siblings got used to the southwest neighborhood’s patchy sidewalks. When the sidewalks ended or became impassable, they ventured onto the road, navigating around moving vehicles as they made daily visits to the local store, the bus station and their school.

Four decades later, most of Gulfton’s sidewalks have continued to deteriorate, a familiar story across Houston.

Approximately 36 miles of the neighborhood’s streets either lack sidewalks or are in desperate need of repairs, according to a recent report by the city of Houston. Many sections fail to meet the city’s minimum standards or requirements of the Americans with Disabilities Act.

These issues create more than just inconveniences, according to Rodriguez. They have made it difficult for residents to access essential services and, she said, contributed to clusters of pedestrian accidents in a small percentage of Houston streets most in need of infrastructure improvement.

“My family came from Mexico, and this is the area we moved into because rent was cheap, but the community did not have the amenities that it needed for families,” said Rodriguez, who serves as the president of the Gulfton Super Neighborhood Council. “The same is true today.”

Houstonians have long complained about broken curbs and eroding sidewalks. To gauge the extent of the problem, the city of Houston commissioned a series of sidewalk studies focusing, specifically, on Gulfton and Kashmere Gardens, two communities devastated by Hurricane Harvey.

A key gap the studies identified is inadequate funding.

The city offers several sidewalk programs, and there are various funding sources that different communities can tap. But not all neighborhoods have equal access to funding opportunities, and some are not even aware of them, the report found. This has led to certain communities, labeled as “funding deserts,” to fall through the cracks.

[…]

In the newly approved budget for fiscal year 2024, the city of Houston allocated $3.3 million to its safe sidewalks program, a part of which will pay for sidewalk improvements in high-priority areas identified in the Gulfton and Kashmere Gardens studies, according to the mayor’s office.

In response to multiple city council members’ requests, Mayor Sylvester Turner added another $1.8 million during the final moments of the budget cycle to pay for sidewalk repairs.

In January, the council also approved a “sidewalk-in-lieu fee” aimed at generating $1.7 million annually to build new sidewalks. Still in the the early stages of the new policy’s implementation, the city has so far only collected $174,300 in fees, the mayor’s office said.

The mayor said his administration will continue to look for additional dollars and implement new projects based on the findings from the latest studies.

“The Resilient Sidewalks Plan is an in-depth look at the broad interconnectivity between mobility, sidewalks and drainage for two communities severely impacted by Hurricane Harvey,” Turner said in a statement. “With the input from stakeholders and those who live in these communities, we now have a significant toolkit to produce an actionable plan to secure funding for future projects.”

See here for a bit of background. Houston has a near-bottomless need for more and better sidewalks, and as admirable as it is to put more money into sidewalk construction and maintenance, that can only go so far. Improving our sidewalks needs to be everyone’s job. Metro has done some work, Commissioners Court has some stuff going on, the city is doing more, so we’re going in the right direction. We just have an awful lot of catching up to do.

Remember, the more options that people have to get from point A to point B without having to drive, the better. It’s not about the highways but it is about the neighborhood roads and the available parking. There are also a lot of people who have no choice but to walk and bike and take public transit, and they deserve a better experience. Every little bit in that direction helps.

Posted in Elsewhere in Houston, Planes, Trains, and Automobiles | Tagged , , , , , , , , , , , , | 1 Comment

Time for another area code

We don’t know what it will be yet, but it’s coming.

The last area code was added for Houston residents just nine years ago, but a new one is already calling in. What does this mean for Houston residents who are picking up a new phone?

The Texas Public Utility Commission, which oversees the state’s telecommunication network, is allowing the public to comment on a petition filed by the North American Planning Administrator which would add a fifth area code to the greater Houston area.

The utility commission and planning administrator jointly anticipate that the current area codes (713, 281, 832 and 346) will run out of numbers by the last few months of 2025.

“The new area code would overlay existing area codes, which currently serve the greater metropolitan area of the City of Houston and smaller cities, including Alvin, Baytown, Cleveland, Cypress, Dickinson, Friendswood, Humble, Katy, Kemah, League City, Richmond, Rosenburg, Rosharon, Spring, Sugar Land, and Tomball, within the counties of Brazoria, Chambers, Fort Bend, Galveston, Harris, Liberty, Montgomery, San Jacinto, and Waller,” according to a news release this week from the utility commission.

[…]

Residents interested in submitting a comment about the new area code proposal,can do so on the utility commissions website until Aug. 5. The organization has posted instructions here.

We got the 346 area code nine years ago, so now you know about how long it takes to run out of phone numbers these days. As noted in that post, making these overlay codes has made the number supply last a lot longer than it did when we first introduced 281 and made it geographical. What three-digit combo would you like to see enter the picture? I feel like submitting a comment in favor of 666, but I have a feeling that won’t be anything more than a lark.

Posted in Elsewhere in Houston | Tagged , , , , | 4 Comments

Weekend link dump for July 9

“Why Are Gen Xers Ron DeSantis and Nikki Haley Running Like Grumpy Old Boomers?”

“Americans in former Confederate states more likely to say violent protest against government is justified, 160 years after Gettysburg”.

I love this picture I found on Reddit of Manhattan as seen from Staten Island in 1974. The Twin Towers were brand new then. I’m pretty sure this view is from Victory Boulevard, a main north-south street that ran down to the northern shoreline, ending near the ferry terminal.

“If you did not see it, I posted about one of my favorite conspiracies. The conspiracy goes like this: in 2016 the folks in charge at Disney, much like large swaths of the country, believed Hillary Clinton would win, and even before she was elected were hard at work on a Hillary animatronic for the Walt Disney World Hall of Presidents attraction. When they were surprised by a donald trump victory, they were forced to hastily repurpose the Hillary animatronic as a Donald Trump one, to comedically grotesque effect.”

“[Amazon] could deploy some easy fixes to make Goodreads genuinely enjoyable. Instead, the platform is now actively hurting the community it was designed to uplift.”

“A movement to weaken American child labor protections at the state level began in 2022. By June 2023, Arkansas, Iowa, New Jersey and New Hampshire had enacted this kind of legislation, and lawmakers in at least another eight states had introduced similar measures. The laws generally make it easier for kids from 14 to 17 years old to work longer and later – and in occupations that were previously off-limits for minors.”

“AIRPLANE! was released 43 years ago today. Still one of the most beloved comedies ever made decades later, the story of how it came to the screen is pretty unexpected…”

“In my will, I am leaving Auburn $5 million. I’m going to change it to be just for scholarships for Black students. That’s just my way of trying to make sure Auburn stays diverse.”

“I’ve decided to forbid bigots and homophobes from watching ‘The Sopranos,’ ‘The White Lotus,’ ‘Goodfellas’ or any movie or TV show I’ve been in. Thank you Supreme Court for allowing me to discriminate and exclude those who I don’t agree with and am opposed to. USA! USA!”

“Until June 18th, a manned deep-ocean submersible had never imploded. But, to McCallum, Lahey, and other experts, the OceanGate disaster did not come as a surprise—they had been warning of the submersible’s design flaws for more than five years, filing complaints to the U.S. government and to OceanGate itself, and pleading with Rush to abandon his aspirations. As they mourned Nargeolet and the other passengers, they decided to reveal OceanGate’s history of knowingly shoddy design and construction.”

“The Price Is Right aired its final episode from Television City on Monday.” They’re moving to a new location in Glendale after taping at that one since the show’s debut in 1972.

Twitter’s Death Spiral, part one.

Twitter’s Death Spiral, part two.

Twitter’s Death Spiral, part three.

“Why Instagram is taking on Twitter with Threads”.

“Meta’s New Threads App Is Terrible. It Just Might Bury Twitter.”

“Don’t believe the data: This is the most conservative Supreme Court we’ve known”.

Let them fight.

RIP, Tamoria Jones, Texas legislative staffer and education advocate.

RIP, Nikki McCray-Penson, basketball Hall of Famer, WNBA All Star, two-time Olympic gold medalist.

RIP, Jack Rains, local politico and sports dude who helped bring the NFL back to Houston and created the funding for the Toyota Center and what was once known as Enron Field.

I did not have Victor Wembanyama’s security guard slaps Britney Spears on my 2023 bingo card, but here we are.

“Still … I hate it! I’m a women’s-college-alum, sex-positive certified Swiftie. But I think she should have kept the original mattress line. By changing it, Taylor has slipped back in time, shaken her finger at her 18-year-old self, and weaponized a magical musical eraser against her own work.”

“Twitter has threatened to sue Meta Platforms (META.O) over its new Threads platform in a letter sent to the Facebook parent’s CEO Mark Zuckerberg by Twitter’s lawyer Alex Spiro.”

“Elon Musk has sued the elite law firm Wachtell, Lipton, Rosen & Katz to recover most of a $90 million fee it received from Twitter for defeating his bid to walk away from his $44 billion buyout of the social media company.”

Megan Rapinoe has announced her retirement at the end of the current NWSL season, which will be after the 2023 World Cup. I still get goosebumps watching her make that pass to Abby Wambach in the 2011 Cup game against Brazil. Best of luck to a transcendental player.

Posted in Blog stuff | Tagged | 1 Comment

Latest ReBuild lawsuit dismissed

One less thing for the next Mayor to worry about. I hope.

Mayor Sylvester Turner

A district court judge has ruled in favor of Houston leaders in a 4-year-old lawsuit, countering allegations that Mayor Sylvester Turner and the City Council illegally shortchanged the city’s drainage and street project funds.

A pair of engineers sued city officials in 2019 over their approach to funding Houston’s drainage and street program, Build Houston Forward. Judge Christine Weems on Thursday granted the city defendants’ “plea to the jurisdiction,” meaning she agreed the court does not have the legal authority to decide on the matter.

“The court finds that the method and math that the city of Houston is using to allocate the funds is consistent with the charter,” Weems said.

The dispute stemmed from a charter amendment approved by voters in 2010, which required the city to dedicate 11.8 cents of every $100 in property tax — or “an amount equivalent” — to a pay-as-you-go fund for street and drainage repair and renewals.

The plaintiffs, Allen Watson and Bob Jones, both campaigned to place Build Houston Forward on the ballot in an effort to secure more investment for the city’s road and drainage system in the coming decades. They said the charter amendment mandated a straightforward formula.

“City of Houston voters have spoken, clearly and unequivocally, that 11.8 cents for every $100 of property valuation for which taxes are collected must go to the city’s drainage and streets,” the plaintiffs said in their request for summary judgment.

The city, on the other hand, opted for a lower “equivalent” using the same calculation used to determine Houston’s revenue cap. Whenever the tax rate drops because of the revenue cap, city defendants said, they have to decrease the drainage fund allocation proportionately.

Houston first used its “equivalent” math to reduce the funding flowing into the program in 2016, after it hit the revenue cap for the first time. This method has so far resulted in $419 million less being moved to the fund — enough to pay for a whole year’s worth of such projects, according to an analysis by the Houston Chronicle.

Mayor Sylvester Turner previously said funneling tens of millions more each year into this fund, while dealing with a revenue cap, could force the city to cut back on essential services such as police, fire and solid waste management.

City Attorney Arturo Michel said Thursday that the judge’s ruling affirmed the city’s position that varying methods can be used to compute the allocation for the drainage fund, while still remaining within the bounds of the city charter.

See here for the background and longer story about the suit that was published shortly before the verdict was announced. I will admit that my eyes glazed over in reading about all this, but it conforms with my firmly held belief that the revenue cap is dumb and bad and (like our dumb statewide “balanced budget” requirement) leads directly to all kinds of budgetary shenanigans because reality always beats silly arbitrary rules. If we ever manage to repeal the stupid revenue cap and we still experience questionable budget maneuvers, then I’ll be mad about it. Until then, what are ya gonna do?

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DOJ asked to investigate shady migrant flights

Feels like this should have been done awhile ago, but better late than never.

California Gov. Gavin Newsom (D), California State Attorney General Rob Bonta and Texas Sheriff Javier Salazar sent a letter to the Department of Justice on Thursday calling for an investigation into the Florida program responsible for transporting migrants to several Democratic-led cities.

“It is unconscionable to use people as political props by persuading them to travel to another state based on false or deceptive representations,” the trio of Democratic officials wrote. “We urge USDOJ to investigate potential violations of federal law by those involved in this Scheme.”

For months now, Florida Gov. Ron DeSantis (R) and Texas Gov. Gregg Abbott (R) have both been transporting and dropping off migrants in Democratic cities across the country, one-upping one another and using the not-so-cheap stunt to score political points with the MAGA base, all at the expense of vulnerable migrants.

Between Abbott and DeSantis, millions of taxpayer dollars have been spent to transport thousands of migrants to cities, like Chicago, New York, Philadelphia, Los Angeles, Sacramento, Washington D.C. and Denver. The Thursday letter does not address the same scheme orchestrated by Abbott — who has taken credit for busing over 20,000 people across the country, including more than 100 people to Los Angeles in recent weeks.

The two-page letter specifically asks the DOJ to investigate whether Florida acted unlawfully when it flew people seeking asylum to California and Massachusetts over the past 10 months.

[…]

In September 2022, DeSantis flew migrants from Texas to Martha’s Vineyard – promising them aid – and dropped them on the island without notifying local authorities.

Later, Bexar County Sheriff Salazar launched an investigation into the flight, concluding that all aboard had been tricked into thinking they would be provided with housing, education and employment. Salazar referred the case to the Bexar County District Attorney’s Office, which continues to weigh filing charges.

And in June, DeSantis also sent two flights to Sacramento, both with undocumented migrants onboard. Bonta recently opened criminal and civil investigations into the June 2 and June 5 transport of 36 people from Texas to Sacramento.

See here for some background; there’s a bunch of links in that post for further reading. A copy of the letter sent is in the post above. The key allegation here is that these migrants, who are legally seeking asylum, are being lured onto buses or planes under false premises and thus without their informed consent, and then dropped off to fend for themselves, though thankfully local organizations and volunteers show up to help them. If this were in any context that didn’t involve grandstanding politicians, we would call it some form of kidnapping. We’ll see what the Justice Department calls it. The Current has more.

Posted in Crime and Punishment, La Migra | Tagged , , , , , , , , , , , , , , , , | Comments Off on DOJ asked to investigate shady migrant flights

The Jovita Idar quarter

Cool.

As part of a series honoring women in history, the U.S. Mint will release a new quarter in mid-August depicting early 1900s South Texas journalist-activist Jovita Idar.

Often associated with her early life in Laredo, she lived her last 25 years in San Antonio and is buried here.

The coin, following one released in June with the image of First Lady Eleanor Roosevelt, is the ninth installment of the U.S. Mint’s American Women Quarters Program. Idar “was a Mexican American journalist, activist, teacher and suffragist,” according to its description of the coin.

The quarter will depict a portrait of George Washington sculpted by Laura Gardin Fraser, with an image of Idar on the reserve side, with her hands clasped. Inscribed within the outline of her figure are key words and phrases, including “Teacher,” “Nurse,” and “La Crónica” — her family-owned newspaper.

The new quarter, designed and sculpted by U.S. Mint artist John P. McGraw, is set for release Aug. 15.

Jovita Idar was born in 1885 in Laredo, one of eight children of Jovita and Nicasio Idar. She taught school in Los Ojuelos, a small community in Webb County, but was repulsed by conditions there. She began writing for her father’s Spanish-language newspaper, La Crónica, which sought progress for Mexican Americans in Texas, taking on issues such as inferior housing and schools, poor working conditions and civil rights violations.

As president of the Liga Femenil Mexicanista, or League of Mexican Women, she focused on education and helping the poor. She went to Mexico to tend to soldiers wounded in its revolution. She later wrote for El Progreso, published in Laredo, and worked as a volunteer nurse with the American Red Cross during World War I.

She’s perhaps most famous for standing up to the Texas Rangers in 1914. The rangers showed up one day following publication of an editorial criticizing U.S. occupation of Veracruz. Idar stood at the front door and denied them entry. The rangers left but returned the next day when Idar wasn’t there. They ransacked the office and destroyed the printing press. The encounter was illustrated as a Google Doodle in 2020.

I will admit, I knew nothing of Jovita Idar before reading this story. I’m glad to learn about her and I’m glad she will be celebrated on the quarter, along with other women of note. I’ve done my share of coinblogging over the years, I enjoy hearing about innovative new designs and seeing them in the wild, though that’s been much less frequent since the pandemic; for better or worse, I don’t use cash that much these days, so I don’t get to receive new-to-me quarters in my change all that often. I may need to make some effort on that front. Anyway, enjoy the new quarters. I’m happy the Mint is still doing this stuff.

Posted in National news | Tagged , , , , | Comments Off on The Jovita Idar quarter

You sure you wanna join the NES now?

Consider your answer carefully.

Houston ISD Superintendent Mike Miles met with dozens of school principals Thursday to walk them through his plans for “wholesale systemic reforms” and offered those who signed up for his New Education System one last chance to back out.

Miles said he expanded the NES program at the request of several principals who asked him if they could receive some of the same structures as those at the original group of 28 schools, which include higher teacher pay and a new staffing model, among many other changes. The district initially offered choices for principals to enroll as “NES-supported” or “NES-aligned” schools, and set a deadline of last Friday to sign up.

The district has since eliminated the “NES-supported” distinction and is giving principals until 12 p.m. Monday to submit final confirmation of their decision to enroll as an NES-aligned school.

While Miles has characterized the large number of applicants as evidence that his reforms are popular with principals, at least one school administrator told the Houston Chronicle that they had enrolled in the program out of fear their school would otherwise be reconstituted, meaning that the majority of their staff would have to reapply for their jobs.

NES-aligned schools will not be reconstituted as part of their enrollment in the program, though teachers will be subject to evaluations that largely rate their performance on standardized test scores and classroom observations, and low-performing teachers may be removed from a campus if it is fully folded into NES as the program expands to 150 schools by 2025.

See here for the background. Houston Landing adds some details.

Dozens of Houston ISD principals met with new Superintendent Mike Miles on Thursday to discuss his plans for reshaping schools in the district — and evaluate if they’ll voluntarily take part in his vision ahead of schedule.

The meeting, held at HISD headquarters, marks the latest development in the recently appointed superintendent’s plan to bring “wholesale systemic reform” to 150 schools by the start of the 2025-26 school year. While most of the attention since Miles’ arrival in early June has focused on major overhauls coming to 28 schools, dubbed part of the New Education System, HISD’s superintendent is allowing other campus principals to take part in a pared-down version of the program.

Principals who opt in to the initiative, called NES-aligned, will see smaller but still notable alterations to their day-to-day operations. Those changes include an extended workday, more standardized curriculum, some potential cuts to non-teaching staff and the implementation of new employee evaluation systems.

Unlike the 28 schools targeted for the most drastic changes, schools participating in NES-aligned will not see big increases in teacher pay and staff members will not have to reapply for their jobs.

Principals must decide by Monday whether they are taking part in the NES-aligned initiative. Miles urged them to discuss their choice with their respective committees of parents and community members that help guide decisions made on campus.

[…]

Once principals officially choose to take part in the NES-aligned model, they cannot decide to opt out, Miles said.

Like I said, consider your answer carefully. There are pros and cons from a principal’s perspective – read the stories for more, basically they’ll lose some discretion but gain some funding – and I very much hope that each of these principals has at least checked in with their communities before raising their hands. You might want to check with the principal at your kid’s school to be sure. The Press has more.

Posted in School days | Tagged , , , , , , , , , , | 1 Comment

How Harris County has spent COVID relief funds

A lot of good stuff here.

Harris County has received around $1.8 billion in federal aid to navigate the COVID-19 pandemic, a staggering sum that provided struggling residents with immediate emergency relief, has kept county services running and is fueling other programs aimed at longer-term results.

While Harris County has obligated roughly two-thirds of its American Rescue Plan Act funding so far, another $323 million is still up in the air ahead of federal deadlines to commit the funding by the end of 2024 and spend it by 2026.

Commissioners Court could move forward with more ARPA-fueled programs at its Tuesday meeting: addressing food insecurity by expanding its program with the food distribution organization Common Market Texas and funding a $1.7 million “teledeputy” program that allows the sheriff’s office to be more efficient by handling some low-level issues over the phone.

The largest chunk of the county’s federal funding has come from $915 million in ARPA state and local fiscal recovery funds. Since 2020, the county has also received $426 million of CARES Act funding, $17 million from the U.S. Department of Housing and Urban Development, $172 million in emergency rental assistance funding and at least $300 million from FEMA, an estimated amount that is still pending final FEMA review.

[…]

Harris County’s funds have been deployed for a wide range of uses, from quick relief to longer-term investments.

At first, the county quickly spent around 20 percent of its total ARPA allocation to get through the immediate effects of the pandemic: vaccine incentives, emergency nursing, flexible financial assistance for households, small business grants and court backlog remediation.

Commissioners Court put a plan in motion over two years ago to spend its $915 million ARPA haul, creating a program management office to oversee the funds, approving a list of spending priorities, surveying residents to collect input and setting up a steering committee made up of the chiefs of staff for each of the five members of the court.

The first half of the funding arrived in late May 2021, with the second half following one year later.

To manage its enormous portfolio of ARPA-funded initiatives, Commissioners Court organized spending into four categories: health, housing, jobs and education and county operations.

Some of the big-ticket health items have included $45 million for Harris Health to alleviate long waitlists for colonoscopies and other specialty services, $20 million for a lead abatement program and $14 million for Harris County Public Health’s new ACCESS Harris County program, which provides vulnerable groups with a one-stop-shop coordinated care team.

Among the housing initiatives are a $36 million effort aimed at reducing homelessness, a $15 million program to purchase 100 single-family homes for the Harris County Community Land Trust to preserve long-term affordable housing and a $4 million investment in eviction legal aid services. Another $9 million has helped build the new HAY Center, a project that includes 50 one-bedroom apartments and studios for those exiting the foster care system.

In some instances, Harris County has used ARPA funds to help prop up other community organizations suffering effects of the pandemic, such as BakerRipley’s program providing free tax preparation services to low-to-moderate income residents, which is the largest of its kind in the nation.

As noted in the story, Harris County had a lot more flexibility in how it deployed its COVID funds than the city of Houston was because Houston is far more dependent on sales taxes, which took a huge hit during the pandemic, while property taxes mostly remained stable. Things they piloted will eventually need to be fully funded by the county if they are to continue, but that’s an issue for a later day. In the meantime, there’s a lot of good that can be and has been done. Go read the rest.

Posted in Local politics | Tagged , , , , , , , , , | 15 Comments

Malaria

Time for something new to worry about.

The US Centers for Disease Control and Prevention is warning doctors and public health officials about a handful of locally acquired cases of malaria. There hasn’t been a case of malaria caught locally in the US in 20 years.

Typically, if Americans get sick with malaria they’ve caught it while traveling overseas in areas where malaria is more common. Malaria is a disease spread when the female anopheline mosquito feeds on a person with malaria and then feeds on another.

The mosquito can be found in certain regions in the US, but malaria is still rare in the US. Worldwide there are 240 million cases each year, 95% in Africa.

That could change with the climate crisis. Scientists have been warning people that malaria could become more common in the US as temperatures warm.

Malaria can also spread through blood transfusions, organ transplants, unsafe needle-sharing practices, and from mother to fetus. In the US, before the Covid-19 pandemic, there were about 2,000 cases of mostly travel-related malaria, according to the CDC.

In this case, four people in Florida and one person in Texas seem to have gotten exposed to the disease locally. The cases in the two states don’t seem to be related to each other, the CDC said.

The four cases in Florida are all in the same area, so there is active surveillance in the region to see if anyone else gets sick. Public health authorities are also monitoring and trying to control the local mosquito population.

In Texas, while only one case has been identified, public health officials are on the look out for others and they also trying to monitor the region’s mosquito population for the disease.

The CDC says that all the patients with malaria are in treatment and all of them are improving. The last time the US saw locally acquired cases was when eight people got sick in 2003 in Palm Beach County, Florida.

See here for the CDC’s alert. There’s no reason to panic, just take appropriate steps to reduce your risk of getting bitten by mosquitoes – bug spray is your friend – and watch out for malaria symptoms. We are living with the effects of climate change, and this is one of the things we are going to have to deal with. Slate and the Current has more.

Posted in National news, Technology, science, and math | Tagged , , , , , | 2 Comments

Harris County files its first lawsuit over an election bill

Another early start, for a clear reason in this case.

Harris County is headed to court to challenge a new state law that abolishes its elections office, County Attorney Christian Menefee announced Thursday.

The county’s lawsuit aims to stop Senate Bill 1750 from going into effect Sept. 1, just 39 days before the voter registration deadline and 52 days from the start of early voting in the November election, which includes the Houston mayoral contest.

Gov. Greg Abbott signed the measure into law just over two weeks ago.

The state law eliminates the elections administrator position established by Harris County Commissioners Court in June 2021 and returns election duties to the two elected offices that previously held them, the county clerk and the tax assessor-collector.

More than half of Texas’ 254 counties have appointed elections administrators, including several of the most populous, such as Bexar, Tarrant, Dallas and Collin.

Menefee has argued the Texas Constitution prevents state legislators from writing laws that single out one county.

“(SB 1750) abolishes the elections administrator office in only those counties that have an elections administrator and have a population of more than 3.5 million, importantly, on Sept. 1, 2023,” Menefee said. “It does not apply to counties that grow into that population in the future.”

Asked whether Menefee’s interpretation is correct, the office of state Sen. Paul Bettencourt, the bill’s author, responded with a statement that confirmed the legislation applies only to Harris County, but did not address whether it will apply to other counties once they grow to over 3.5 million residents.

The bill initially applied to counties with at least 1 million residents, before it was narrowed to include only Harris.

The county will ask the judge to temporarily block the measure from going into effect on Sept. 1 and schedule a hearing in the next few weeks, Menefee said.

[…]

County officials previously said they would challenge a second bill targeting Harris County, Senate Bill 1933, as well. But for now, they’re holding off.

Senate Bill 1933 creates a state oversight process that could result in Harris County being placed under “administrative oversight,” meaning county officials would need to clear all election policies and procedures with the governor-appointed secretary of state.

See here for some background, and here for a copy of the lawsuit. This is now the second of the expected lawsuits to be filed, joining the city’s anti-Death Star suit. I remain mostly pessimistic about a favorable result in this one, but I do think a temporary restraining order to allow the November election to proceed with no changes is an achievable goal. I’m more concerned about the other bill than this one, and I presume it will be filed after September 1 as originally expected. We’ll see how this one goes.

Posted in Legal matters | Tagged , , , , , , , , , , , , | 2 Comments

Watson Grinding explosion “could have been prevented”

I don’t know about you, but I favor there being fewer unplanned massive explosions.

A deadly explosion that rocked northwest Houston in January 2020 could have been prevented with better planning and safety training, the federal agency responsible for investigating chemical incidents said in a new report released this week.

The Watson Grinding and Manufacturing explosion on Jan. 24, 2020, killed three people and damaged hundreds of homes in northwest Houston.

A final investigation report from the U.S. Chemical Safety and Hazard Investigation Board found that the explosion was caused by the accidental release of propylene, a flammable vapor, from a “degraded and poorly crimped” hose.

The gas filled the building overnight and likely ignited when an employee came into the warehouse and turned on a light, according to the report released Thursday.

But large parts of the 56-page report focused on the company’s failure to train employees or to ensure workplace safety.

“Watson Grinding did not have an effective program in place to assess potential hazards in its propylene process and did not have a mechanical integrity program or written operating procedures,” Chemical Safety Board Chairman Steve Owens said in a statement. “This tragic incident was made even worse due to the lack of emergency response training for employees at the facility. Three lives were lost, and the surrounding community was put at risk as a result.”

Jon Watson, the CEO of the now-closed company, could not be reached for comment Friday afternoon. Lawyers representing Watson and his company in civil lawsuits did not immediately respond to requests for comment.

More than 2,000 people from the working-class neighborhood of Westbranch claimed to be harmed by the explosion. Two workers were killed at the warehouse, and another man died after his home’s ceiling collapsed on him.

The blast shifted homes off their foundations, and residents in the months that followed struggled to get compensation from the company.

Investigators concluded that employees didn’t take safeguards to prevent a gas leak, such as turning off a manual shutoff valve, and had an inoperative automated gas detection alarm and gas shutoff system, according to the report.

Watson Grinding didn’t have plans on what to do in response to a gas leak and didn’t train its employees to recognize a leak. On the day of the explosion, the company failed to contact emergency responders for help, the report said.

“Had Watson Grinding developed and implemented an effective process safety management program to identify and control hazards, the incident could have been prevented,” the report said.

See here, here, and here for some background. You can find a copy of that report here. As I noted before, I was awake at the time of the explosion, which I could hear from inside my house, which according to Google Maps is about eleven miles away. I can only imagine what it was like closer to the blast. The report has some recommendations, but ultimately preventing disasters like this is about enforcement, which necessarily means inspections. That’s going to cost a lot of money and require a lot of people, and I just don’t see that happening. What we have instead is civil lawsuits and hope. Good luck with that.

You can see a bunch of photos of the devastation, which included a lot of people’s homes, here. Down a ways in that story, one of the photo captions says “Neighbors of the Watson Grinding and Manufacturing plant, which exploded last week, said they didn’t know they were living next to a dangerous facility, let alone one that could knock their homes off their foundations.” Think about that for a minute. The Trib has more.

Posted in Elsewhere in Houston | Tagged , , , , , , , , , | 1 Comment

Dispatches from Dallas, July 7 edition

This is a weekly feature produced by my friend Ginger. Let us know what you think.

This week, in news from DFW, a mass shooting in a historically Black neighborhood in Fort Worth, the return of a former statewide candidate to DFW politics, the 2024 Senate race, the Rangers’ refusal to put on Pride Night, Fairfield State Park, and controversy over JFK assassination documents. Plus it’s time to discuss State Fair food and watching the lions and elephants cooling off at the Dallas Zoo.

I wasn’t familiar with Como, a neighborhood on the west side of Fort Worth, until this week, when a mass shooting injured eleven, three of whom later died, just after the ComoFest Independence Day celebration. The neighborhood was planned in the late 1800s as a holiday water destination after a dam was put in and named after an Italian resort, but the financing collapsed during one of the panics of the 1890s and Black families moved in. Unsurprisingly, as a Black community, Como received little support and had few amenities, and had to make do with their own. ComoFest started in 2021 and is put on by a community group founded in the wake of the George Floyd protests.

In the three days since the shooting, the community has met to figure out how to avoid the next tragedy in a community where the history is characterized by official neglect. There’s also a meeting of the Lake Como Neighborhood Advisory Council happening on Thursday night that will discuss these issues.

As I mentioned, the first ComoFest was held in 2021. In the hours immediately after that festival, a mass shooting at an area car wash injured eight people. Fortunately nobody was killed in that incident.

In related news this week, the sentencing hearing for the convicted killer in the El Paso Walmart shooting in 2019 began on Wednesday. He was from Allen, the Dallas suburb that was the site of a mass shooting of its own on May 6 of this year.

In other area news this week:

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Allred gets off to a fast fundraising start

Good to see, but it’s just the first step.

Rep. Colin Allred

U.S. Rep. Colin Allred, D-Dallas, raised nearly $6.2 million in roughly the first two months of his campaign against U.S. Sen. Ted Cruz, R-Texas. He also transferred an additional $2.4 million from his House campaign account.

The numbers, first shared with The Texas Tribune, mean Allred will report about $8.6 million in total receipts between when he launched his Senate campaign on May 3 and the end of the second quarter, which was June 30. His campaign previously announced raising over $2 million in its first 36 hours.

Allred’s second-quarter fundraising cements his formidability as a fundraiser. Cruz’s last Democratic opponent, Beto O’Rourke, was a fundraising juggernaut at the height of the race, but it took him his first three fundraising quarters — nine months — to raise the $6.2 million that Allred collected in 59 days.

​​“Since day one this campaign has been about bringing people together to beat Ted Cruz and give this state the leadership it deserves,” Allred’s campaign manager, Paige Hutchinson, said in a statement. “We are amazed at the outpouring of support, and more confident than ever that we will have the resources to win next November and send Ted Cruz packing.”

Cruz has not released his second-quarter fundraising numbers yet. The figures are not due to the Federal Election Commission until July 15.

Allred’s campaign said the over $2.4 million that he transferred from his House account included direct funds and in-kind contributions, or non-monetary contributions such as goods and services. The transfer underscores the considerable money Allred already had saved up when he entered the Senate race — his House account had $2.2 million cash on hand at the close of the first quarter.

Allred’s campaign did not release how much cash on hand his Senate account had after the second quarter. Cruz’s reelection committee had a balance of $3.3 million after the first quarter.

I will of course report on these and other finance reports later in the month. July is the busiest time for this sort of thing. The same reports are due in January, it’s just that there’s less campaign activity associated with that time.

I am of course glad to see Rep. Allred raise this kind of money – Texas is a famously expensive state in which to campaign – and hope it is a good omen for things to come. But raising money, at least for federal races, hasn’t been a big problem for Texas Dems lately. Getting the most out of those big bucks is the open question. It would be nice if we got a push at the Presidential level, and maybe a couple of Congressional campaigns as well. The potential exists to vote on a new Attorney General next year, too. The stakes, they are high.

I have to wonder if Sen. Roland Gutierrez will actually join the Senate campaign at this point. We’re in special session #2, with #3 almost certain to follow (albeit maybe not immediately). Among other things, this means that he can’t fundraise, which is now that much more of an obstacle for him. Sen. Gutierrez isn’t up for re-election until 2026 so this campaign is a freebie for him, and there’s nothing like a statewide campaign, even a losing one, to raise one’s profile. But the longer this goes on, the harder it will be for him to mount something credible, and one always prefers to lose well if one must lose. I dunno, he doesn’t have to decide anything today and he certainly doesn’t have to listen to me. I’m just wondering if a call to discuss the issues of importance with Allred might be the more expedient use of his time.

Posted in Election 2024 | Tagged , , , , , , , | 3 Comments

Some schools want in on the Miles Plan

Not too surprising, all things considered.

Over 50 Houston ISD schools voluntarily signed up for Superintendent Mike Miles’ sweeping New Education System, joining the 28 campuses required to be part of the reform program Miles launched his first day in office, according to a spokesman for Miles.

The volume of applicants was higher than the district anticipated, and details about how these schools would be folded into NES are still being worked out, a spokesman said Monday. HISD had initially planned on splitting the voluntary schools into “NES-supported” and “NES-aligned” distinctions, but the NES-supported category may be cut due to higher-than-expected enrollment.

A final list of schools is expected by the end of the week.

The campuses that opted into the program will not be reconstituted ahead of the upcoming school year as part of their participation in the program, and teachers and administrators will not immediately be paid the drastically higher salaries that their counterparts in the 28 original NES schools will enjoy. Staff at NES-aligned schools, however, will receive stipends for working at a high-need campus, according to emails shared with school staff.

Both NES-aligned and -supported schools will otherwise undergo some of the other reforms coming to schools in the system, including a new curriculum for reading and math with a set amount of instructional time for those courses. NES-aligned schools, additionally, will adopt the same master schedule that sees doors open from 6:30 a.m. to 5 p.m., along with the “hospital model” of staffing that places “teacher apprentices” and “learning coaches” in classrooms alongside teachers, among other changes.

[…]

At least one school administrator, however, said their campus opted into NES “very reluctantly” because they anticipated being folded into the program regardless as NES expands to 150 schools by 2025. By voluntarily enrolling in the program, they hoped to avoid the reconstitution that forced most staff at the original NES schools to reapply for their jobs.

“Schools are not just buildings filled with people, they are implanted in the community, so even though there is turnover, which is natural at any school, there’s always going to be an overlap in staff that understands community,” said the administrator, who was not willing to have their name published. “(Staff) may be brought back, but the point is they don’t have to be, so that’s why it’s nerve-wracking to know our students could really lose out on the people who know them best and know how to support them and their families.”

Miles denied promising that schools that signed up for NES would not be reconstituted. Rather, he said, staff should not have to reapply for their jobs because teacher evaluations — which are being implemented across the district in the 2024-2025 school year but introduced at NES and NES-aligned schools immediately — will determine if a teacher can stay at a high-need school.

“Is it possible that some schools get reconstituted because they haven’t been NES or NES-aligned and don’t have a teacher evaluation system? Yes,” Miles said. “(But) if you have the evaluation system, there is no need for reconstitution.”

The decision to enroll in NES ultimately lay with school principals, but Miles said he had encouraged them to communicate with their staffs and school communities before arriving at a decision.

I mean, some principals may look at the NES and decide it’s a good plan and they want in on it. Some may think “hey, at least it’s a plan, I’m willing to try it”. Some may be like the unnamed principal above, figuring it’s going to happen to them sooner or later and they may as well try to exert some agency over it. Who knows what else they might think.

I say again, the basic outline sounds reasonable, and there was a record of success with it in Dallas. I remain concerned about the need to earn the community’s trust and buy-in, and I very much remain concerned about the scalability and long-term viability of this project. Establishing that trust can help alleviate the long-term viability issue. Spelling out exactly how this will all work would help, too. We’re all waiting on some of this stuff.

Posted in School days | Tagged , , , , , , , , , , | 2 Comments

Fair for Houston backers submit their signatures

We’ll see if they get their item on the ballot.

With the bulk of the population but a fraction of the power, Houston and Harris County long have complained about getting shortchanged when the influential Houston-Galveston Area Council speaks for the region on major infrastructure projects.

Houstonians will have the chance to vote this November on a plan to reshape the powerful agency, activists said this week.

Campaigners said they have collected more than 23,665 signatures, more than enough to put a proposed charter change on the ballot to force Houston officials to enter into negotiations to reform H-GAC’s voting structure to mirror the region’s population. If those negotiations break down, Houston would have to exit the council.

The Houston-Galveston Area PAC, the group leading the “Fair for Houston” campaign, submitted its signature sheets to City Secretary Pat Daniel on Wednesday, an employee in her office confirmed.

“Until the ballot, we’re not going to stop,” said Ally Smithers, a spokesperson for the campaign. “There is a lot of education. People don’t know H-GAC, so even before we get on the ballot, we’re going to continue working all summer.”

[…]

Supporters say they have not seen any sign of organized opposition thus far. If it makes it to the ballot, however, the proposition could face pushback from officials in other counties.

“If they get it put on the ballot, my hope is that it’s voted down,” [Waller County Judge and H-GAC Board Chair Trey] Duhon said. “I wouldn’t want to see a scenario in which the city of Houston no longer has a seat at the table.”

If the charter amendment wins approval, supporters say it will go into effect in January. What happens next could hinge on the result of negotiations with other members of H-GAC. Molly Cook, an organizer with the PAC who also ran against state Sen. John Whitmire in the Democratic primary last year, acknowledged those negotiations would be “uncharted territory.”

The language of the charter proposal would require the city to take part in planning organizations only if their boards reflect the region’s population distribution. The charter also would require the city to withdraw its membership “if the voting system is not corrected within 60 days of the effective date of adoption of this section.”

Advocates say they are optimistic negotiations would succeed. If the talks are unsuccessful, Houston could be forced to exit H-GAC and attempt to form a new regional council.

“What Houston is doing right now is, frankly, boldly leading the nation in a people-driven campaign to fix a problem that exists in most large metropolitan areas,” Cook said. “We’re going to get to write our own story.”

See here and here for some background. They needed 20K signatures, so submitting 23,665 feels a bit tight to me, but if they’re confident of their totals then I’m sure they’re fine. As I’ve said before, I fully support this effort but I have questions about how this will work and what happens if the negotiations fail. If any kind of legislative action is needed to change the focal point of federal funds from H-GAC to just Houston, I can’t see it happening. Ideally, H-GAC will recognize the need for change and will work with Houston in good faith, but given the things that the members from the small counties said in this story, I don’t expect that.

It’s clear that the H-GAC model hasn’t worked for Houston and Harris County in a long time. It’s equally clear that a change has to be made to rectify that. I very much hope this can be the fulcrum for that change. I have no idea what Plan B is if that doesn’t happen for whatever the reason. That’s about the size of it. I expect to do at least one interview relating to this for November, assuming it does get on the ballot. We’ll check in again once we get an answer from the City Secretary.

Posted in Election 2023 | Tagged , , , , , , , , , , | Comments Off on Fair for Houston backers submit their signatures

Paxton won’t testify at his Senate trial

So his defense attorney says.

A crook any way you look

The lead attorney for suspended Attorney General Ken Paxton said his client will not testify in his upcoming impeachment trial in the Texas Senate.

Paxton’s defense lawyer, Tony Buzbee, made the announcement in a late Monday night statement on the eve of the July Fourth holiday. The Senate could still try to force Paxton to testify, but the statement makes clear Paxton would fight such efforts.

“We will not bow to their evil, illegal, and unprecedented weaponization of state power in the Senate chamber,” Buzbee said of the House. A spokesperson for the chamber did not immediately respond to a request for comment on the defense team’s statement.

[…]

After the House impeached him, Paxton said he was looking forward to a fair trial in the Senate. While Buzbee’s statement exclusively criticizes the House, it marks the first time Paxton has demonstrated any kind of resistance to the Senate’s handling of his impeachment.

Whether Paxton would testify in the trial has long been a source of speculation given his ongoing legal battles — and the potential he could provide information to the Senate that complicates those cases. He has been indicted on securities fraud charges since 2015, and the FBI began investigating the claims by whistleblowers in his office after they came forward in 2020.

In early June, about two weeks after Paxton’s impeachment, Paul was indicted on charges he made false statements to financial institutions. Paul and Paxton lawyers have said the case has nothing to do with Paxton.

Buzbee’s latest statement returns to a familiar argument from Paxton’s team that focuses on the House impeachment process rather than specific allegations.

“​​The House has ignored precedent, denied him an opportunity to prepare his defense, and now wants to ambush him on the floor of the Senate,” Buzbee said. “They had the opportunity to have Attorney General Paxton testify during their sham investigation but refused to do so.”

In criticizing the impeachment as “illegal,” Buzbee appears to be calling back to Paxton’s argument that the impeachment is invalid because a state law says a state officer cannot be removed from office over something they did before their “election to office.” Paxton has argued that applies to anything he did before he was reelected last year; the House has argued the so-called “forgiveness doctrine” does not apply to impeachment at all.

It’s hard for me to separate my loathing for Ken Paxton from the rest of this case, to try to approach what is being said and done analytically. It’s important to point out that this is not a criminal trial. Ken Paxton’s liberty is not at risk here – the worst that can happen is he loses his job. Which, given the wingnut welfare gravy train that would await him if he gets convicted, isn’t that much of a loss. As such, I feel comfortable assailing Tony Buzbee for his inflammatory rhetoric here. Defense attorneys deserve a lot of latitude, but again this isn’t a criminal trial. It’s a political process, and as such political statements are in bounds, but maybe try not to burn it all down in the name of firing up the next batch of primary opponents?

It is notable, and should continue to be in focus, that Paxton’s defenders, both paid and volunteer, rarely have anything to say about the substance of the charges against him. No “all his actions with Nate Paul were completely above board”, no “the whistleblower allegations are totally false”, no “he’s a paragon of ethical behavior”. You fight on the terrain that’s most hospitable to you, I get that, but it’s still worth noting. I believe it also serves my goal of maximizing Republican division, so in that sense I thank them for it. It’s still just so exhausting to experience.

Posted in Scandalized!, That's our Lege | Tagged , , , , , , , | 5 Comments

Grand jury no-bills Travis Scott

No criminal charges will be filed over the deaths at the 2021 AstroWorld concert.

A grand jury declined on Thursday to criminally indict rapper Travis Scott and five others in the 2021 Astroworld concert deaths, capping a nearly two-year police investigation into the deaths and ending with a promise by police officials that they’ll go public with their findings.

For months, Scott’s lawyer maintained that he never believed that the rapper was criminally liable for a concert that left 10 people dead and dozens more injured.

After the grand jury’s decision, Houston Police Chief Troy Finner would not elaborate on what the department thinks went wrong during the Astroworld disaster, but said a nearly 1,200 page offense report would be made public after a redaction process and it would speak for itself.

“I want everyone to dig in — it’s a big book,” Finner said at a news conference. He did not say when the report would be published.

He was joined by District Attorney Kim Ogg, whose prosecutors spent months picking apart the legal code to determine what charges, if any, could be sought against Scott and those involved in planning and providing security for the concert. Their options were ultimately limited, with endangering a child as their last option to seek if the grand jurors didn’t agree on manslaughter or criminally negligent homicide.

Two of the concertgoers killed were under 14.

The grand jury, after hearing testimony and reviewing evidence from the police investigators, ultimately decided not to indict Scott. The jurors also decided not to charge Brent Silberstein, the festival manager and four others with Live Nation and Scoremore, which put on the event.

[…]

Prosecutors and Houston police detectives involved in the investigation into the deadly concert were seen coming and going from a room dedicated to grand jury proceedings in the morning. Scott’s lawyer, Kent Schaffer, and a defense attorney for Silberstein periodically stopped by the third floor in the criminal courthouse to check on the grand jury’s progress. The jury made its decision around 2 p.m., lawyers said.

After the grand jury concluded, Schaffer spoke at length about Scott’s cooperation with the police department after the Nov. 5, 2021, concert. Police interviewed Scott for more than two hours at his own home, he said. Information from that interview was not shared with the grand jury, Schaffer said.

Instead Schaffer included in a defense packet for grand jurors information about how little Scott could see from the stage as he performed. He did not see the distressed crowd or those struggling to flee, so he didn’t know from his own vantage point that there was reason to bring the concert to an abrupt end. The stage lights had effectively blinded him, Schaffer said.

“No matter where he was on the stage, lights were coming straight at him,” Schaffer said. “When you’re up on a lit stage like that, and the crowd is dark, you can’t see what’s going on.”

See here for previous AstroWorld blogging. I covered the many (and high-dollar) civil suits that were filed, but it doesn’t look like I paid much attention to the grand jury. For what it’s worth, based on my high school and college experience playing in symphonic and jazz bands, Attorney Schaffer is quite right about the view from a lighted stage. Pretty much everything beyond the front row or so of the audience is just darkness. I couldn’t pick out my own parents in the high school auditorium. To that extent, I find Travis Scott’s defense credible. I also think the civil justice system might be the better venue for redress. It’s what we’ve got in any event, given this development. Of greater immediate interest are the proposed safety reforms, which I hope will reduce the likelihood of a repeat. Not learning from this and doing better going forward would be an even bigger tragedy. Houston Landing and the Trib have more.

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Houston sues over “Death Star”bill

First out of the gate. I’m sure they will have company.

Houston city attorneys on Monday filed a lawsuit against a new state law that blocks an array of local regulations, marking the first legal challenge to the sweeping crackdown on cities and counties.

The lawsuit, filed in Travis County District Court, seeks to have the new law ruled unconstitutional and unenforceable. The law, known as HB 2127 and dubbed the “Death Star Bill” by critics, has put a slew of local regulations in doubt, subject to potential lawsuits by private parties.

“Houston, like all cities, needs to know with certainty what laws it may enforce, and its residents and businesses need to know with certainty what laws to obey,” the lawsuit says.

The law limits local regulations to being no more restrictive than what’s “expressly authorized” in state codes covering business, labor, property and other wide-ranging areas. It was signed into law last month by Gov. Greg Abbott after sailing through both chambers of the Republican-led Legislature, which has long pushed to rein in city and county regulations.

The latest offensive takes a broader approach than past legislation, which had stuck to banning single-issue measures such as city regulations on oil and gas drilling. Lawmakers have also moved to bar local governments from taking “adverse action” against a company based on its support for a religious organization, in response to San Antonio City Council’s move in 2019 to deny Chick-fil-A’s request to open a restaurant at the city’s airport.

The new law has been panned by local officials in several Texas cities, who argue it goes too far to wipe out local rules and could scrape commonplace regulations governing unlicensed boarding homes and hazardous waste disposal, among other things.

“It’s no secret that for years the Legislature has been eating away at local government and governance, but House Bill 2127 has gone way out of bounds. It is extreme, and I don’t think that is an overstatement,” Mayor Sylvester Turner said of the city’s lawsuit. “Under House Bill 2127, preemption is given a new meaning and one that effectively repeals” a city’s self-governance, as described in the Texas Constitution.

[…]

The bill is scheduled to take effect Sept. 1, though Houston officials are seeking a temporary court ruling that would halt the new law as the court case plays out.

See here for some background. The city also has the mandatory arbitration law in its sights, and I had this bill on the list of certain targets. I did think we wouldn’t see legal action until September, but it’s easy enough to understand why this happened now. The Trib adds some details.

In Houston, the law would overturn local ordinances regulating tow-truck companies, outdoor music festivals, noise regulations and boarding homes, Houston Mayor Sylvester Turner said at a Monday press conference. But the full extent of what local laws would become illegal remains unclear.

“What this means is that cities like the city of Houston cannot pass ordinances in these areas unless the state of Texas explicitly gives us permission to do so,” Turner said. “That is a total reversal from the way things have been in this state for more than a century.”

In the lawsuit filed Monday in Travis County court, Houston leaders argue that the new law violates the state constitution and significantly weakens cities’ authority to self-govern. The law conflicts with a portion of the constitution that allows cities to enact their own laws, they argue. In order for the law to take effect, voters would have to approve a constitutional amendment, they said.

The state constitution already forbids cities from enacting laws “inconsistent with” the constitution or laws passed by state lawmakers. Houston officials see an opening there to strike down the law, arguing a local ordinance can’t conflict with state law if there isn’t a specific state law the ordinance would directly conflict with, the lawsuit says.

[…]

The new law is the most wide-ranging effort to-date by Texas Republicans to undercut the leaders of the state’s large urban areas. In recent years, lawmakers have passed laws to prevent cities and counties from requiring landlords to rent to tenants with federal housing vouchers or regulating fracking within their limits. If cities and counties want to raise property taxes a certain amount each year or rein in their police budgets, they have to get voter approval under legislation approved in the past few years. Local governments can no longer enact mask mandates or require schools or businesses to close if there’s a COVID-19 outbreak under a new law passed this year.

The first link above is to the lawsuit. I’ve heard the constitutional arguments and I have some hope there, but this will take time to sort out. One hopes Houston will succeed in getting a temporary restraining order in place in the interim. It would be pretty chaotic without one, that’s for sure. Houston Landing also adds on.

Critics have zeroed in on the fact the law would block ordinances in Dallas and Austin that require water breaks for construction workers. Houston does not have such a measure.

Houston officials, however, said last week that ordinances regulating everything from tow truck companies to outdoor music festivals could be affected by the new law.

In its lawsuit, the city identified a new city measure it believes is under threat: the “pay-or-play” program that requires city contractors to provide their employees with health care or pay into a city fund for the uninsured. The city says the fund provides services for 30,000 Houstonians.

The lawsuit states that the health care program would “likely be halted as preempted” if the law goes into effect, and “tens of thousands of Houstonians would suffer as the result.”

It could be months or years, however, before the full effect of the law is known, city and county officials said last week, in part because of the vague language of the statute and because the law will rely on private lawsuits for enforcement.

The lawsuit alleges the preemption law represents an end-run around the state Constitution, which grants powers to cities like Houston that only can be taken away if the Legislature does so with “unmistakable clarity.” The “death star” law paints with far too broad of a brush, Houston’s lawyers say, and must be stricken down.

“In this case, what the Texas Legislature has done is that it has passed House Bill 2127 as a state law, but it has the direct impact of repealing portions of the Texas Constitution. That is a non-starter,” Turner said at a Monday press conference.

In filing suit against the law, Houston appears to be first out of the gate on an issue that has attracted condemnation from big cities across Texas. A city spokesperson said she was not aware of any other legal challenges thus far.

Two San Antonio City council members last week called for that city to file a lawsuit. Harris County Attorney Christian Menefee has said that he would support challenges to the law.

I fully expect that other cities will follow suit; those actions will likely end up being consolidated, which will add to the timeline needed to resolve matters. The city’s press release is here, and Houston Public Media has more.

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Texas blog roundup for the week of July 3

The Texas Progressive Alliance is just back from Hambriston and the 123rd Texas Country Jamboree, which inspired this week’s roundup.

Continue reading

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Federal judge rules for third parties in petition access lawsuit

We’ll see how much difference this makes.

A federal judge in Austin has blocked Texas from enforcing a more than century-old state law that requires third-party candidates to collect petition signatures on paper to qualify for a place on the ballot.

U.S. District Judge Robert Pitman ruled on Monday that the requirement was unconstitutionally applied to minor political parties and candidates. Major political parties are not required to get signatures.

“Texas first adopted that procedure in 1905, and defendants admitted that it has not been significantly updated or improved in the 118 years since,” Pitman said in his order.

The lawsuit was filed in 2019 by four minor political parties: the Libertarian Party of Texas, the Green Party of Texas, America’s Party of Texas and the Constitution Party of Texas.

[…]

State law required minor party candidates to obtain 83,717 paper signatures in 75 days.

Under the new order, they can now obtain those signatures electronically.

“I think the most important thing is that Judge Pitman’s order eliminates a major obstacle to free, open and competitive elections in Texas that present voters with meaningful choices at the polls,” Oliver Hall, founder and executive director of Center for Competitive Democracy said.

CCD was joined by Shearman & Sterling, a multinational law firm in representing the plaintiffs in this case.

“Judge Pitman got it right for sure on this one. We’re very pleased that we were able to play a role in it,” David Whittlesey, a partner for Shearman & Sterling’s Austin office said.

Whittlesey added the case was done on a pro bono basis and Shearman & Sterling’s New York and Washington, D.C., offices assisted in the lawsuit.

See here for the background. I know federal lawsuits can take a long time, but four years to an initial ruling, wow. That 83,717 signature threshold was for the 2020 elections, based on 2018 turnout, which as noted was a record-breaker for non-Presidential years. Turnout was slightly down in 2022, but it was still a lot higher than it had been in years before; using the “one percent of the previous Governor’s race turnout” criteria would still require about 81K signatures for 2024 access.

As I said when this was filed, I don’t have any problem with what the plaintiffs were seeking. It’s a reasonable and sensible thing to ask for. I presume there will still be a process to verify the electronically-collected signatures. It’s possible the capacity for fraud is greater this way, but there ought to be ways to check that as well. I don’t know exactly how this will work – perhaps the Secretary of State will have to provide some rules – but I’m not too worried about it. It’s still a lot of sigs to collect, and turnout in both primaries next year ought to be high, so there are still significant barriers in place. How much this ruling helps, assuming it’s not appealed and put on hold in the interim, remains to be seen. Oh, and the fact that we got this ruling while electronic voter registration remains illegal really chaps my hide. That’s a Republican problem and not a Green/Libertarian one, but it still sucks.

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Lots of broadband funding on the way

Nice.

Texas will receive more than $3.3 billion in federal money — the most of any state — to help expand broadband availability statewide, the Biden administration announced Monday.

The money will be distributed from the $42.45 billion in the Broadband Equity, Access and Deployment program as part of President Joe Biden’s 2021 Bipartisan Infrastructure Law. The funds aim to connect more than 8.5 million households and small businesses nationwide — and nearly 2.8 million of those households without broadband are in Texas. Each state received at least $107 million.

Separately, the BEAD program includes more than $14 billion in funding for the Affordable Connectivity Program, which makes broadband service more affordable for eligible households nationwide (and can be applied for now), $2 billion for the Tribal Broadband Connectivity Program, and $2 billion for the Department of Agriculture’s Reconnect Program that provides loans and grants to build broadband infrastructure in eligible rural areas.

Texas and the other states can submit initial funding proposals from July 1 through Dec. 27. After the National Telecommunications and Information Administration approves proposals, which will occur on a rolling basis, states and territories will be able to access at least 20% of their funds. The Texas Broadband Development Office will allocate the funds, which will go to where the state and federal broadband maps indicate service is needed. However, service providers and local officials have disputed the accuracy of those maps.

The Biden administration has compared its investment in broadband to the 1936 Rural Electrification Act, which offered low-cost loans to help bring electricity to rural areas.

“Whether it’s connecting people to the digital economy, manufacturing fiber optic cable in America, or creating good paying jobs building internet infrastructure in the states, the investments we’re announcing will increase our competitiveness and spur economic growth across the country for years to come,” Secretary of Commerce Gina Raimondo said in a statement Monday.

The $3.3 billion federal allotment will boost investments made by Texas lawmakers during this year’s legislative session. House Bill 9, filed by State Rep. Trent Ashby, R-Lufkin, allocates $1.5 billion to expand internet availability in the state. Gov. Greg Abbott signed HB 9 into law this month, and Texans will vote on the final approval of the funds in November.

See here for some background. Between this and the microchip funding, that’s a whole lot of federal dollars coming into our state. What else is there to say, once again, but “Thank you, President Biden”! (Also, quit taking credit for things you voted against, Sen. Cornyn.)

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On destigmatizing UFOs

I agree with this.

NASA wants to remove the stigma around reporting and researching UFOs.

During a public meeting on Wednesday, NASA said its 16-member team of independent experts had been harassed for helping create a strategy to better categorize and evaluate unidentified flying objects — now called UAPs, for unidentified anomalous phenomena.

This is a serious topic deserving rigorous scientific analysis, NASA said, and harassment hinders progress in the field. Analyzing UAPs could help scientists better understand the world — potentially the universe — and it could improve situational awareness crucial for airspace safety.

“Conversations like this one are the first step to reducing the stigma surrounding UAP reporting,” said Dan Evans, the assistant deputy associate administrator for research at NASA’s Science Mission Directorate. “Moreover, transparency is essential for fostering trust between NASA, the public and the scientific community. In order to do things right, we must work together, pooling our resources, our knowledge and our expertise.”

The independent study team was tapped last year and plans to release a report by the end of July. Its focus is on the sky, where most of the sightings have been reported, though the National Defense Authorization Act recently changed the acronym from unidentified aerial phenomena to unidentified anomalous phenomena. This expands the scope to undersea and in space.

[…]

More than 800 UAP sightings have been collected in the past 27 years. Of those, maybe 2 to 5 percent are truly anomalous, said Sean Kirkpatrick, director of the All-domain Anomaly Resolution Office, which was started last year within the Department of Defense.

Most UAPs have explainable sources, such as commercial aircraft, military equipment, drones, weather balloons, SpaceX Starlink satellites or ionospheric phenomena including auroras.

For instance, Kirkpatrick showed a nighttime video with three dots that moved left then right, left then right, over and over. Those dots were planes lined up to land at a major airport. The planes were all flying to the left, and the back and forth motion was caused by a “jitter” in the sensor.

Optical illusions are common when flying a plane or spacecraft, confirmed former NASA astronaut and fighter pilot Scott Kelly. He described flying near Virginia Beach when his companion thought he saw a UAP. They turned around, and it was a Bart Simpson balloon.

That’s why better data collection will be a crucial part of the recommendations for studying UAPs.

That was from a month ago, as usual I’m catching up on posts that got lost in the drafts. Like I said, I agree with this premise. More and better data will help demystify these phenomena, and we might learn something useful. I look forward to seeing that report in July.

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