Off the Kuff | Knowledge Is Good

At Large #2 runoff overview

Posted on December 13, 2013 by Charles Kuffner

One of these runoffs is not like the others.

CM Andrew Burks

On paper, the Houston City Council incumbent most at risk heading into Saturday’s runoff elections is first-termer Andrew Burks, in At-Large Position 2.

Challenger David Robinson had spent more than $201,000 as of last week, to Burks’ roughly $76,000. Robinson, who also earned more votes than Burks on Nov. 5, was the only challenger to out raise a council incumbent. Robinson also had about $73,500 on hand entering the campaign’s final week, more than three times what Burks had.

Burks, a preacher and small businessman, was a long shot in a 10-candidate field two years ago, having unsuccessfully sought public office numerous times. Political analysts, however, said he nonetheless will enjoy the advantage of incumbency against Robinson, an architect, Super Neighborhood Alliance past president and former member of the city Planning Commission. Robinson was among those who sought the At-Large 2 seat two years ago.

David Robinson

Rice University political scientist Mark Jones said Burks may also be helped by a runoff in heavily black District D, which will drive turnout in areas likely to support him, whereas there are no district runoffs in Robinson’s best areas to drive turnout for him. Overall turnout is expected to be dismal.

“At-large races are tough because it’s citywide and it’s very difficult to reach voters,” Jones said.

Robinson’s cash edge will help him only if he spends it efficiently, said University of Houston political scientist Brandon Rottinghaus.

“In a low-turnout election, more money is likely to trump ideology or the incumbency affect,” Rottinghaus said. “If they can adequately use those resources to get turnout in their direction, then it could be a very close race.”

As was the case with the November election and as is now the case with the runoff, Robinson has easily led in fundraising, with his finance reports looking like an incumbent’s. That doesn’t necessarily mean anything – Burks won on a shoestring two years ago, with Kristi Thibaut raking in the establishment cash in the runoff as Robinson has been doing all year. It’s a matter of who turns out.

One more thing:

Burks claimed Robinson has tried to fool black voters into thinking he is related to one of several past black council members named Robinson.

“By not showing up or putting his picture out in that community, he’s trying to get votes I normally would have because I am seen in the community,” Burks said.

Robinson rejected the charge, saying he has worked to raise his profile citywide, not obscure it.

Yeah, Dave Wilson will continue to be a pollutant in our elections for years to come. Some people may be confused by David Robinson‘s name, but unlike Wilson, Robinson is not running a stealth campaign. That means he’s doing things like showing up to candidate forums and having an actual photo of himself on his Facebook page. I don’t think I’d ever seen a picture of Dave Wilson before this November. If CM Burks is concerned that people may not have an accurate impression of David Robinson, there is nothing stopping him from working to correct that impression.

Posted in Election 2013 | Tagged Andrew Burks, At Large #2, Dave Wilson, David Robinson, Election 2011, Election 2013, fundraising, Houston, Houston City Council, Kristi Thibaut, runoff | 3 Comments

The Dome’s status is complicated

Posted on December 13, 2013 by Charles Kuffner

Is it a landmark or not? If so, what kind?

We still have the memories

Mayor Annise Parker this week called an effort by the city historical commission to designate the Harris County-owned Astrodome a city landmark “ill-advised,” and said she had no plans to put the item before City Council for approval.

The Houston Archaeological and Historical Commission on Thursday is expected to vote to seek landmark designation for the 48-year-old stadium, where the county currently is carrying out $8 million worth of work, including asbestos abatement and demolition of exterior pedestrian towers added in the late 1980s.

[…]

City Attorney David Feldman said that if the commission votes to start the designation process, “the Astrodome would be subject to the requirement to get a ‘certificate of appropriateness’ for almost any activity affecting the exterior of the structure, including demolition, unless the county establishes that the ordinance does not apply to them.”

The historic preservation ordinance specifically applies to property owned by “a political subdivision of the state of Texas; provided such entities are not otherwise exempted from this article by law.”

In a memo sent to City Council members on Monday, however, Parker suggested it would be inappropriate for the city to impose landmark status on a building owned by another governmental entity.

“While a resolution supporting preservation of the Astrodome might have my support, the Astrodome is a Harris County facility, and imposing a city historic designation on it without approval of the property owner would be unprecedented,” Parker wrote.

The historic landmark idea came up shortly after the election. Harris County Judge Ed Emmett has said it likely won’t make any difference since the main thing that designation does is put a halt on demolition for 90 days, and as we know they’re in no hurry to do anything permanent. There are other possibilities as well.

Meanwhile, a separate effort is afoot to get the Dome designated a national historic landmark, which would make it eligible for federal funding and also for designation as a state historic landmark – like the Alamo – which would bar demolition.

“That’s the ultimate goal,” said Cynthia Neely, who helped prepare an application to nominate the 1965 stadium for placement on the National Register of Historic Places.

The Texas Historical Commission approved the application in October. Neely said she expects the National Park Service to add it to the register in January.

Ms. Neely has a long history with Astrodome advocacy. I think I remember seeing something about the Texas Historical Commission taking action, but this is the first I can recall hearing about the National Register of Historic Places possibly being involved. If that happens, I wonder what the implications would be for any private investors that may be lurking out there. Like I said, it’s complicated.

Posted in Local politics | Tagged Annise Parker, Astrodome, Commissioners Court, Cynthia Neely, David Feldman, Ed Emmett, Election 2013, Harris County, Houston, Houston Archeological and Historic Commission, Houston City Council, Maverick Welsh, National Register of Historic Places, Texas Historical Commission | 1 Comment

We still need to do more to protect bike riders

Posted on December 13, 2013 by Charles Kuffner

The story of Chelsea Norman just breaks my heart.

They call it the “ghost bike.” It is painted completely white, even the tires, and chained to a street post in Montrose.

The shrine near West Gray and Waugh marks where cyclist Chelsea Norman was hit 10 days ago by a motorist and later died of her injuries.

There are no known witnesses. The driver fled. Exactly what happened remains a mystery that police and Norman’s family continue to probe.

The bike is flanked by candles and flowers to honor the 24-year-old who was riding home at about 10:25 p.m. from her job a few blocks away at Whole Foods Market.

The spot has quickly become sacred ground. Tears are shed. Memories are shared. It is also a rallying point for cyclists calling for more safety among their own ranks as well as denouncing motorists who they say drive with impunity from the law and disdain for sharing the road.

Hundreds of riders are expected to converge on the area at 7 p.m. Wednesday to remind Houston of the Dec. 1 incident and pressure authorities to reduce the chances of it happening again by enforcing laws and enhancing bike paths.

Among the riders who vows to be there is Fred Zapalac, co-owner of the Blue Line Bike Lab bike shops.

“I would say the cycling community is by and large very angry,” he said. “This beautiful 24-year-old girl that was struck down and killed has really lit a fire under people. I think anybody that knows anybody who rides a bike in this city would be very concerned about this – and anybody who has a heart.”

[…]

Dan Morgan, an organizer of the Wednesday ride, said the goal is to push the city to enforce laws to keep cyclists safer as well as ask the public for help to solve the mystery of Chelsea’s death.

Among the people who plan to join the effort is John Williams, 30. In late August, he was riding alone at night, like Chelsea, down Waugh on a route he’d traveled many times.

He was riding far to the right and was hit from behind by a pickup, according to a police report. He was knocked out, broke several vertebrae and cracked his skull.

He regained consciousness several days later in the hospital. The injuries have left him with myriad problems, including not being able to drive, and hefty medical bills.

Williams, who rode for years with cyclists from Blue Line Bike Lab, said he is still angry at the man who hit him. He supposedly had a vision impairment that should have kept him from behind the wheel, Williams said, but he is grateful he stopped.

I don’t know how the driver that hit Chelsea Norman can live with himself or herself. It’s not possible that he or she could be unaware of what’s happened, though I suppose denial can be a powerful thing. I really hope the cops make an arrest.

Whether an arrest gets made or not, the fact remains that despite the big advances Houston has made in bike-friendliness, it’s still dangerous out there. Part of that is due to drivers’ sense of privilege. Part of that is because sometimes there are no safe routes to take. I’m pretty set from my house if I want to travel east-west – the bike trails are great for that – and I can go north pretty easily. But going south, my choices are the deathtrap that is Studewood/Studemont, or Heights Boulevard. The latter is fine up to Washington Avenue, but past that it’s mighty hairy, with the merge from what was Yale that suddenly forces you between lanes of moving traffic, and the entrances to/exits from Memorial. It was farther south, at Waugh and Gray, which really should be a reasonably safe stretch of road, where Ms. Norman was killed. I’d love one of these years to ride my bike to the Art Car Parade instead of being part of the parking problem. I just don’t have a good way to get there.

And part of the problem is that drivers still aren’t being held accountable for accidents they cause with bicyclists. Houstonia tells the rest of the story of John Williams.

Unlike the Norman case, the person who hit Williams did stop and render aid. The man was sober, but told police he was visually-impaired and did not see Williams right in front of him, despite the fact that Williams had more-than-adequately equipped his bike for night-riding.

“I had lights, a helmet, I rode predictably, staying in a straight line,” Williams says. “I did everything I was supposed to do. Maybe that gave me a false sense of security.”

The Tacoma driver told police his visual impairment forced him to watch the curb rather than his lane, but Williams says none of that made it into the crash report.

And here’s the thing. The Tacoma driver was not given so much as a single traffic ticket for all-but-destroying the life of John Andrew Williams.

Maybe the cop thought the Tacoma driver had suffered enough. Maybe it was enough that he was not drunk and stopped to render aid.

Williams most decidedly does not think so. “What, it’s alright to hit somebody if you didn’t mean it?” he asks. “I see this as a total devaluation of my humanity.”

Williams contends that had he been in a car and rear-ended by the Tacoma, the truck driver would have at least been ticketed for failing to maintain a safe distance or possibly reckless driving. He believes the sole reason that the Tacoma driver drove away scot-free was that Williams happened to be riding a bike rather than riding a car.

And what of the Safe Passage ordinance recently passed by City Council? Under that new rule of the road, car drivers are supposed to give cyclists, pedestrians, people in wheelchairs and even horseback riders three feet of clearance. (Large trucks must give six feet.) To put it mildly, that’s something the Tacoma driver certainly failed to do, Williams points out. Where was the $500 fine that man could have been assessed?

“There’s just not much concern for people not in cars,” he says. He believes there’s an ironclad and ingrained bias against cyclists on Houston’s roads, that they are somehow seen as unworthy of equal protection. “Motorists just don’t believe we have the rights to use the road,” he says and adds that as long as drivers are not so much as ticketed for maiming them, nothing will ever change.

Williams is right – if he’d been rear-ended while driving and the cops had come to the scene, the other guy would have been cited. It’s ridiculous that the driver wasn’t cited for rear-ending a bicyclist, especially given his admission of vision impairment. Everyone – drivers, bicyclists, and law enforcement – needs to do their part to make biking in Houston safer.

Posted in Planes, Trains, and Automobiles | Tagged accidents, bicycles, Chelsea Norman, hit and run, Houston | 3 Comments

Runoff 8 Day Finance Reports

Posted on December 12, 2013 by Charles Kuffner

I did not get to looking at the 8 day finance reports for the November election – too many candidates, not enough time. But there was no reason I couldn’t take a gander at the 8 day reports for the runoff. Here’s the summary:


Candidate   Office   Raised   Spent    Loan   On Hand
=====================================================
Burks          AL2   27,150  14,933       0    21,563
Robinson       AL2   93,720  71,771       0    73,536

Kubosh         AL3   60,045  59,221  15,000    13,192
Morales        AL3   50,030  31,540   3,300    22,274

Brown       Dist A   38,928  29,875       0    30,272
Stardig     Dist A   35,909  15,102       0    45,321

Boykins     Dist D   81,175  65,667       0    25,974
Provost     Dist D   24,600  19,047  18,535     2,258

Garces      Dist I   53,355  42,056       0    20,071
Gallegos    Dist I   35,196  12,348   1,252    18,518

My comments, with links to the reports, is below.

Andrew Burks – Received $8,000 from Houston Fire Fighters Political Action Fund, $3,500 from Across The Track PAC, $1,000 from HAA Better Government Fund. He also got $375 from CM Bradford’s campaign, $250 from Justice of the Peace Zinetta Burney, and $250 from Jeri Brooks, who was the manager of Mayor Parker’s 2009 campaign and who is now working on behalf of the payday lenders. Burks’ wife Lillie contributed $1,500.

David Robinson – As has been the case all along, Robinson’s finance report reads as if he is the incumbent. He got $8,500 from TREPAC, $5,000 from Houston Council of Engineering Companies, $2,500 from HOME PAC, $2,500 from Houston Associated General Contractors PAC, $2,000 from HOME PAC, $1,500 from Allen Boone Humphries Robinson LLC, $1,000 from LAN PAC, $1,000 from Pipefitters’ Local Union No. 211 COPE Account, $500 from Bracewell & Giuliani Committee, $500 from Cobb Fendley PAC, $500 from HOUCON PAC, $500 from Houstonians For Responsible Growth-PAC, $500 from Amegy Bank of Texas PAC, and $250 each from Associated Builders & Contractors PAC, CDM Smith Inc. PAC Account, Houston Westside PAC, and Huitt Zollars Inc. Texas PAC. He also got $5,000 from Peter Brown, $1,000 from Locke Lord, which is Robert Miller’s firm, and $500 from Marcie Zlotnick, who I believe is CM Ellen Cohen’s daughter.

Michael Kubosh – $47,000 of the amount raised was his own contributions. He got $2,500 from the HPOU PAC, $1,000 from the IEC TX Gulf Coast PAC, $500 from the BOMA PAC, $1,000 from the Baker Botts Amicus Fund, and $1,000 from lobbyist/attorney/blogger Robert Miller, who is also currently working on behalf of the payday lenders.

Roy Morales – $5,000 from Houston Council of Engineering Companies Inc PAC, $1,000 from HVJ PAC, $2,300 from HOME PAC, $250 from Associated Builders & Contractors PAC, and $1,000 from himself. I did not see any contributions from Democratic-aligned PACs or prominent progressives on either his report or Kubosh’s. I’ll be very interested to see what the undervote rate is like in this race.

Helena Brown – $1,000 from IEC Texas Gulf Coast PAC, $500 from BAC-PAC, $250 from Seafarers PAC, $500 from Greater Houston Mobility PAC, $1,000 from Group 1 Automotive, Inc. PAC, $500 each from Linebarger Goggan Blair & Sampson LLP and Locke Lord Bissell & Liddell LLP (Robert Miller’s firm), and $1,000 from TREPAC, which remember is the realtors. She also got $500 from Toni Lawrence’s campaign and $100 from Bruce Tatro, meaning that her predecessors that backed her in 2011 are backing her again after sitting out the regular election cycle. Finally, she too received $250 from Jeri Brooks. I think it’s fair to say the payday lenders are choosing sides in these races.

Brenda Stardig – $10,000 from HPOU PAC, $5,000 from Houston Fire Fighters Political Action Fund, $2,000 from Houston Council of Engineering Companies PAC, $500 from Houston Westside PAC, $500 from Amegy Bank of Texas PAC, $250 from Arcadis G&M, Inc. Texas PAC, $500 from Associated Builders & Contractors of Greater Houston PAC, $250 from CDM Smith, Inc PAC, and $250 from Huitt-Zollars, Inc. Texas PAC. She has about $2,800 listed as expenses for postcards plus $200 from radio ads, but I don’t see much else that looks like voter outreach. Once again I wonder why she’s sitting on so much cash.

Dwight Boykins – Another report that looks like it belongs to an incumbent. Boykins raked in (deep breath) $5,000 from Houston Council of Engineering Companies Inc. – PAC, $5,000 from TREPAC, $2,750 from HOME PAC, $2,000 from BEPC LLC, $1,500 from HOUCONPAC, $2,000 from HAA Better Government Fund, $500 from Fulbright & Jaworski LLP Texas Committee, $500 from Andrews & Kurth Texas PAC, $1,000 from Linebarger Goggan Blair & Sampson, LLP, $250 from Houston Westside PAC, $1,000 from Pipefitters’ Local Union No. 211, $500 from Greenberg Taurig LLP Texas PAC, $250 from Cobb Fendley PAC, $500 from Bracewell & Giuliani Committee, $250 from CDM Smith Inc. PAC Account, $500 from LAN-PAC, $1,000 from Plumbers Local Union No. 68, $500 from Arcadis G & M, Inc. Texas PAC, $500 from Locke Lord (Robert Miller’s firm), $1,500 from Allen Boone Humphries Robinson, $1,000 from I.L.A. Local 26 P.A.C. Fund, $1,000 from Baker Botts Amicus Fund, $250 from Huitt-Zollars, Inc Texas PAC, $1,000 from HVJ Political Action Committee, $1,000 from Southwest Laborers District Council PAC, and $2,500 from HPCP Investments LLC. Whew! He also received $1,000 from CM Stephen Costello, and $500 from Anthony Robinson, who I guess did ultimately endorse in the runoff.

Georgia Provost – $1,000 from Woodpest Inc PAC was her only PAC contribution. She got $4,000 each from Alan and Renee Helfman; Alan Helfman is her campaign treasurer. She also received $1,500 from Peter Brown, and $250 from Anthony Robinson. Maybe Robinson didn’t pick a side in the runoff after all.

Graci Garces – $8,000 from TREPAC, $2,000 from Texas Taxi PAC, $500 from Seafarers PAC, $1,000 from Wolpert Inc PAC, $500 from Linebarger Goggan Blair & Sampson, LLP, $5,000 from Houston Fire Fighters Political Action Fund, $2,000 from HAA Better Government Fund, $2,500 from HPOU PAC, $2,000 from Across The Track PAC, and $2,500 from HOME PAC. She also got $500 from the James Rodriguez campaign – no surprise there – and $250 from One World Strategy, which is Jeri Brooks’ firm. In other business-pending-before-Council news, in addition to the Texas Taxi PAC money, Garces got $2,000 from Roman Martinez, the President of Texas Taxis, $1,000 from his wife Diana Davila Martinez (also Garces’ treasurer), and $1,000 each from Rick Barrett (VP of Texas Taxis), Duane Kamins (owner of Yellow Cab), and Ricky Kamins (owner of Liberty Cab). I’m thinking she might be a No vote on Uber.

Robert Gallegos – $4,539.72 in kind from TOP PAC, $1,500 from Teamsters Local $988, $1,000 from Plumbers Local Union No 68, $500 from LAN-PAC, $500 from Linebarger Goggan Blair & Sampson, LLP, $1,000 from Pipefitters Local 211, $2,500 from HPCP Investments LLC, and $1,500 from Houston Dock and Marine Council PAC Fund. He also received $4,400 from Peter Brown, and $225 in kind from Sen. Sylvia Garcia.

You may be wondering why I highlighted donations from people associated with the payday lenders. Isn’t that supposed to come up for a vote with this Council? Well, maybe and maybe not. And maybe the votes on Council will be according to the contributions, and maybe not. But at least now you know.

Posted in Election 2013 | Tagged Andrew Burks, At Large #2, At Large #3, Brenda Stardig, campaign finance reports, David Robinson, District A, District D, District I, Dwight Boykins, Election 2013, Georgia Provost, Graci Garces, Helena Brown, Houston, Houston City Council, Michael Kubosh, payday lenders, Robert Gallegos, Roy Morales, runoff, taxis, Uber | 5 Comments

At Large #3 runoff overview

Posted on December 12, 2013 by Charles Kuffner

The Chron moves on to At Large #3, and unlike the other two previews there are new things to learn about the candidates involved.

Michael Kubosh

Mayor Annise Parker could be the biggest loser in the runoff race for the At Large 3 seat on City Council even though she is not on Saturday’s ballot.

The citywide position will be vacated by term-limited Melissa Noriega, generally seen as an ally of the mayor. The two conservative candidates in the runoff to replace her, bail bondsman Michael Kubosh and former Harris County Department of Education board member Roy Morales, have battled Parker in the past. Kubosh fought Parker to block the city’s use of red-light cameras, and Morales ran against her in the 2009 mayoral race.

“It’ll be tough for the mayor either way,” said Richard Murray, political science professor at the University of Houston.

[…]

Perhaps hoping to build ties on council, Kubosh has shifted the tone of his campaign away from questioning whether the mayor is willing to work with him.

“I thought about it a lot and I need a do over,” he said. “I will not use the position to ever disrespect anyone on council, including the mayor.”

He does not, however, back down on policy goals that could set up a confrontation, such as repealing an ordinance laying out rules for providing food to the homeless.

Throughout his campaign, Kubosh admitted he has few specific policy ideas because he has much to learn about city operations. Nonetheless, he speculated his years as a bail bondsman could qualify him to tackle problems in the municipal courts.

Generally, he said he hopes to increase transparency by dragging more of the city’s decision-making out from closed offices and into the public’s view.

Rice University political science professor Mark Jones said Morales may be a better fit for maintaining the status quo of council dynamics.

“He would be very happy simply to be elected,” Jones said. “And he would structure his behavior to ensure re-election. He would occasionally vote in a conservative way to keep his conservative credentials, but for the most part, work with the mayor and majority to pass things along.”

I wrote about the potential dynamic with Mayor Parker shortly after the November election. She chose not to get involved in the runoff, which is certainly understandable. Since the November election, Kubosh has indeed changed his rhetoric and reached out to supporters of the Mayor. My observation is that while both Kubosh and Morales have a case to make to the voters who did not support them the first time around, neither one has clearly won that battle. Morales has picked up some support, such as from Noel Freeman, and so has Kubosh, who just received the endorsement of Peter Brown’s PAC. If the big Democratic groups have made runoff endorsements in At Large #3, I have not seen any announcement of them. I don’t think the dynamic of the race has changed much – based on November returns, I’d still call Kubosh the favorite. I’d also expect whoever does win to face a strong challenger in 2015, though that may change depending in part on how he performs on Council. By the way, I never did get a response from Kubosh to my runoff Q&A; Morales’ answers to my questions are here.

Among the things we have learned since we last voted:

Kubosh also has faced criticism for the long list of lawsuits tied to his name, including an ongoing civil suit in Jefferson County Court alleging barratry, the practice of illegally soliciting clients. He dismissed the frequency of lawsuits as normal for a bondsman and denied the barratry claim, calling the close ties between his brother’s law office and his bail bonding operation a family business.

Last month, Kubosh won a court battle started by Morales.

Using county homestead exemption records, Morales tried to get Kubosh removed from the ballot, arguing his opponent is not a Houston resident. The case was dismissed.

The disposition of Morales’ lawsuit against Kubosh was posted in the Houston Politics blog, but if it was in the print edition of the paper I didn’t see it. I don’t know anything more about the barratry claims than what is written above. I don’t know that any of this is likely to have an effect on voting at this point. Let’s do a totally unscientific survey here: Who are you supporting in the runoff? Leave a comment and let us know.

Posted in Election 2013 | Tagged Annise Parker, At Large #3, Election 2013, Houston, Houston City Council, Michael Kubosh, Roy Morales, runoff | 10 Comments

Judge Pratt update

Posted on December 12, 2013 by Charles Kuffner

The most embattled Family Court judge in Harris County is still on the ballot, in case you were wondering.

Judge Denise Pratt

Embattled state District Court Judge Denise Pratt, accused of falsifying court records to cover up tardy rulings, intends to remain on the ballot to face the voters, her lawyer says.

In late October, the Harris County District Attorney’s Office filed a criminal complaint against Pratt, alleging she falsified court records in an effort to cover up tardy rulings. A Webster family lawyer filed a similar complaint with the State Commission on Judicial Conduct.

County Republicans have said they are awaiting the outcome of a grand jury investigation before taking any action against Pratt, such as asking her to step aside.

But it may be a moot point. Today is the filing deadline for candidates, and candidates have only until Tuesday to withdraw from the ballot.

Pratt denies any wrongdoing and has no plans to withdraw from the ballot, her lawyer Terry Yates said Friday.

“She did nothing improper or illegal,” he said.

Pratt’s clerk resigned after allegations surfaced that the judge altered and backdated court records to make it appear that she issued rulings and filed documents sooner than she actually did.

Yates confirmed that the criminal complaint against Pratt is under review by a grand jury and said his client is “cooperating fully.”

If the grand jury does not come to a conclusion in time for the advisory board to act, Woodfill said voters will have their say. As of Friday, Pratt had garnered one Republican primary opponent, Donna Detamore.

That story was from Monday, so it’s up to the voters now. Thanks to a couple of late filings, they now have even more choices.

Embattled state District Court Judge Denise Pratt had garnered four challengers in next year’s GOP primary election by the filing deadline on Monday.

A complaint against the Republican freshman judge that led to the resignation of her lead clerk and an investigation by the Harris County District Attorney’s office is being reviewed by a grand jury. The complaint was filed with the DA’s office and the state Commission on Judicial Conduct by Webster family attorney Greg Enos.

As of Friday, only lawyer Donna Detamore had filed to run against Pratt. By 6 p.m. on Monday, though, lawyers Alicia Franklin, Anthony Magdaleno and Philip Placek had also joined the 311th District Court race.

Republican politico and lawyer Gary Polland, whose endorsements are considered key to GOP primary wins, said last week he would endorse Franklin if she filed. He endorsed Pratt during her first run in 2010, but said he would not do so again because he considers her a “political liability.”

Pratt, however, says she will not withdraw from the ballot and flatly denies the allegations being made against her.

“I’m sure you have heard the rumors that are being spread by the Democrats and the liberal media,” Pratt wrote in an e-mail sent Monday to GOP precinct chairs. “I wanted to take this time to let you know that the allegations brought against me by the Democratic faction are false. I am a conservative Judge and because of my principles I am being attacked. I have already filed to run for re-election as judge of the 311th Family District Court, and will not let the underhanded political tactics by the Democrats keep me from doing my job.”

And I’m sure the Commies are out to get you, too, Judge Pratt. At least until the District Attorney decides whether or not to charge you with official misconduct. For the record, Sherri Cothrun is the Democrat running for the 311th Family District Court in November. Cothrun was a candidate for the 246th Family District Court in 2010, and she is law partner to Rita Lucido, the Democratic candidate for SD17. I’d advise Judge Pratt to be more concerned about facing a quality opponent like Sherri Cothrun than anything the media might report about her.

If Judge Pratt wins the nomination and then subsequently withdraws for whatever the reason, she could not be replaced and the Democrat would be unopposed; this is the one thing for which we can be thankful to Tom DeLay, since he firmly established that fact in 2006. We’ll see what the grand jury has to say, as I presume their verdict will have a large effect on that.

See here, here, and here for the background. For what it’s worth, I recently asked a friend of mine who practices family law what he thought about Judge Pratt. My friend confirmed all of the things we have heard so far about her courtroom demeanor and management. It’s probably fair to say she’s not well liked by the lawyers that appear before her.

Speaking of the lawyers, the story adds this little tidbit:

The political situation would appear to put local Republican Party leaders, including Woodfill, in an awkward position.

Since last year, Pratt has appointed Woodfill to cases for which he has made nearly $10,000. He is not the only lawyer and Republican Party leader Pratt has appointed to cases in her court since taking the bench in 2011.

According to information obtained under the Texas Public Information Act, former party chairman Gary Polland, whose endorsements are considered key to judicial GOP primary wins, has made more than $79,000 in legal fees from appointments by Pratt. Lawyer George Clevenger, chairman of the party’s finance committee, has made more than $114,000.

Judges giving appointments to lawyers with whom they have political or other ties long has been the subject of controversy.

You could say that. It’s why Gary Polland is such a fierce opponent of the Harris County Public Defender’s office as well – he makes a ton of money from appointments, so having a public defender cuts into his bottom line. Just something to keep in mind.

Posted in Election 2014 | Tagged campaign finances, Denise Pratt, District Attorney, Election 2014, ethics, Gary Polland, Harris County, Jared Woodfill, judicial races, public defender, Sherri Cothrun, State Commission on Judicial Conduct | 1 Comment

Texas blog roundup for the week of December 9

Posted on December 12, 2013 by Charles Kuffner

The Texas Progressive Alliance is doing its best to stay warm as it brings you this week’s roundup.

Continue reading →

Posted in Blog stuff | Tagged blog roundup, TPA | Comments Off

Lehmberg beats the rap

Posted on December 12, 2013 by Charles Kuffner

Good for her.

Rosemary Lehmberg

District Attorney Rosemary Lehmberg will remain in her position as the top felony prosecutor in Travis County, visiting Judge David Peeples ruled Wednesday.

Lehmberg hugged her supporters in the courtroom after the decision was read, shedding tears.

In closing arguments, Jim Collins, an assistant county attorney prosecuting the case, argued that keeping Lehmberg in office would harm the public interest. He said Lehmberg had a pattern of lying and was not managing her problems with alcohol.

On April 12, when she was arrested for drinking and driving, she was so drunk she could not walk and did not know where she was, Collins said. But it was not her single instance of intoxication, he said, pointing to receipts from Twin Liquors that he said showed she had spent about $8 on vodka a day.

“It is nothing else but by the grace of God that we’re here for a removal hearing and not a funeral,” Collins said. Later he said, “She lies even under oath — mostly she lies about what she drinks.”

But Lehmberg’s attorney, Dan Richards, argued that the state had not proved its case. Lehmberg had pleaded guilty within a week of her arrest and served her punishment. She was seeking treatment and her duties had never been affected, Richards said.

“I am a believer in redemption. I am a believer in Ms. Lehmberg,” Richards said. “And I am a believer in recovery.”

Not the most compelling argument I’ve ever heard, but it worked. I have no idea how much of a running punchline she may be in Austin, but I never thought she committed a firing offense, and I thought she was right to stand her ground against Rick Perry. She’s already said she won’t run again in 2016, so here’s hoping she can get her personal life in order and rehab her image between now and then. In the meantime, we’ll wait to hear more from the special prosecutor who is investigating Rick Perry in regard to the veto threat. Isn’t the term of that grand jury up around now?

Posted in Crime and Punishment | Tagged District Attorney, DUI, Election 2016, grand jury, lawsuit, Mike McCrum, Rick Perry, Rosemary Lehmberg, special prosecutor, Travis County | 1 Comment

More primary thoughts

Posted on December 11, 2013 by Charles Kuffner

I wonder if Big John Cornyn will come to rue this interview.

Big John Cornyn

BDS: At the kickoff for your reelection campaign in November, Governor Perry said that you are “the epitome of what I look for in a U.S. senator.” He has certainly been embraced by members of the tea party. But in your speech you said that Republicans should be the party of the “big tent,” which sounded an awful lot like it was pointed in their direction.

JC: To be clear, I was talking about being a welcoming party, not an exclusive party. I don’t know how we got off on this track, where some people are welcome in our party and some people are not. Hence my reference to Ronald Reagan’s line, “What do you call someone who agrees with you eight times out of ten? An ally, not a twenty-percent traitor.” Well, we’re at a point where you can agree with someone 98 percent of the time, but they think of you as a 2 percent traitor, which is just an impossible standard. I like to point out that my wife and I have been married for 34 years, we don’t agree with each other 100 percent of the time. We need to be a little more realistic about the goals, and we need to look not just at the short term but at the long term. If the goal is to change the direction of the country—and I would say to save the country from the big government track we’re on now—then we have to win elections by adding voters, not subtracting them.

That sound you hear is Steve Stockman rubbing his hands and cackling with glee. Remember, Steve Stockman is nuts. I know that term gets thrown around a lot, but seriously. That boy ain’t right.

Josh Marshall ponders what the implications are of Stockman’s entrance.

Everyone seemed to think Cornyn had successfully evaded a challenge and that he was home free. And Stockman got in just under the wire. I’m curious whether he waited so long precisely to assure a serious Democrat didn’t get into the race. As long as there’s no serious Democrat running, that will make it easier for him to argue he’s not another Akin in the making.

Of course, he is basically an Akin in the making, or an Akin before there was Akin (Stockman first came in in the ’94 Republican landslide but was too nuts and got bounced out after one term). But if there’s no credible Dem, maybe he gets through?

I seriously doubt the condition of the Democratic field for Senate had anything to do with Stockman’s move. I don’t think he operates that way, and I don’t think the Texas GOP would behave any differently towards him if he wins the nomination regardless. A better question is whether or not the DSCC and other national Dem groups get involved in the event it’s Stockman versus Maxey Scherr or David Alameel or Mike Fjetland. If it winds up as Stockman versus Kesha Rogers, we may as well just admit that this whole experiment in self-governance has been an abject failure and see if Great Britain is willing to take us back.

Speaking of Maxey Scherr, the El Paso Times covered her campaign kickoff in Austin.

[Scherr] said she is coordinating her effort with statewide Democratic organizations that are hopeful that with Texas’ changing demographics and, in Wendy Davis, an attractive candidate at the top of the ticket, 2014 will be the year Texas starts to turn blue.

[…]

“If I can raise $7 million, I can be competitive, and I think I can,” she said.

She plans to suspend her law practice and spend the coming year the same way she spent Monday — traveling the state in a motor home towing a car with a smashed-in hood and emblazoned with her campaign slogan, “Texas on Cruz Control.”

If she wins the Democratic Primary, Scherr will likely face Cornyn, but she says her real opponent is Texas’ junior senator, Ted Cruz, who won’t be on the ballot until 2018.

“This race is about Ted Cruz,” Scherr said. “This race is about Ted Cruz because John Cornyn has taken a back seat to Ted Cruz. It’s unfortunate that our senior senator of Texas has done everything that Ted Cruz, the junior senator, wants him to. He doesn’t have the guts to stand up to Ted Cruz on anything that matters to Texans and I will.”

[…]

Among the issues Scherr plans to attack Cornyn are education, health care, women’s rights and immigration. On the latter topic, Scherr said she’s tired of Republicans whipping up false fears about security on the border.

“Ted Cruz and John Cornyn have voted against a comprehensive immigration reform bill every single time it has come up. I find that offensive,” she said.

“I come from El Paso and El Paso been consistently rated as one of the safest cities for several years. What these guys want to do is militarize our border, put a military-type outfit along the border. But they are wrong about that. El Paso is a huge border city and we don’t need to militarize it. We are safe as can be. What we need to do is pass comprehensive immigration reform that doesn’t tear apart families.”

Even if Emperor Cruz stays out of the GOP Senate primary – well, at least if he doesn’t take any overt action – a Stockman win would cement the point that Scherr is making about Cruz driving the action. In a sane world, Cornyn would have nothing to worry about in March. He may yet have nothing to worry about, but I doubt he’ll run his campaign that way. Of the sane Democrats running, I see Scherr as having the highest upside. I look forward to seeing her first couple of finance reports to see if she can make any headway on that fundraising goal.

More news from El Paso:

Meanwhile, all of the El Paso County incumbents in the Texas House of Representatives have filed for re-election.

Four have challengers.

District 76 Rep. Naomi Gonzalez faces former state Rep. Norma Chavez and Cesar Blanco, chief of staff to U.S. Rep. Pete Gallego.

District 77 Rep. Marisa Marquez faces El Paso attorney Lyda Ness-Garcia.

District 75 Rep. Mary Gonzalez is being challenged by Rey Sepulveda, president of the Fabens school board.

And District 79 Rep. Joe Pickett, the dean of the El Paso delegation, faces Chuck Peartree.

I have no brief for Reps. Marquez or Naomi Gonzalez; they can explain their support of Dee Margo over Joe Moody (who did not get a primary challenger) to the voters. Pickett has been the Transportation Committee chair and has some juice, but he also voted for HB2; if he gets beaten up about that in his primary, I’ll shed no tears. The one legislator in that group I do care about is Rep. Mary Gonzalez, who is a force for good and deserves to be supported for re-election.

I mentioned yesterday that Rep. Marc Veasey avoided a rematch in CD33 with Domingo Garcia. I thought at the time that meant he was unopposed in the primary, but apparently not.

Several local members of Congress drew opponents as well.

U.S. representative, District 6: Republican Joe Barton (i), Frank Kuchar; Democrat David Edwin Cozad.

U.S. representative, District 12: Republican Kay Granger (i); Democrat Mark Greene

U.S. representative, District 24: Republican Kenny Marchant (i); Democrat Patrick McGehearty

U.S. representative, District 25: Republican Roger Williams (i); Democrats Stuart Gourd, Marco Montoya

U.S. representative, District 26: Republicans Michael Burgess (i), Joel A. Krause, Divenchy Watrous

U.S. representative, District 33: Democrats Marc Veasey (i), Thomas Carl Sanchez

There had been much speculation about whether former state Rep. Domingo Garcia, D-Dallas, would challenge Veasey for the 33rd Congressional District, setting up a rematch of last year’s hotly contested primary race. But Garcia put out a statement late Monday that he would not enter the race.

“I am truly humbled by the encouragement and support I have received to run for congress this year but after careful consideration I have decided against a run for congress in 2014,” he said. “I look forward to helping turning Texas blue and will continue to work to register and turn out more voters. I look forward to continuing to serve the community in one capacity or another.”

Democratic officials said Monday that little is known about Veasey’s challenger, Sanchez of Colleyville, other than that he is an attorney.

I feel reasonably confident that Rep. Veasey will win, but as always it’s best to not take anything for granted.

On the Republican side, Burka has a couple of observations. Number One:

Two trends are evident in this year’s campaign. One is that this is not necessarily shaping up as a tea party year. There are a lot of Main Street Republicans running for the House of Representatives — business people and school district leaders. Some of the candidates backed by Michael Quinn Sullivan might find themselves on the losing end of races. Matt Schaefer faces a strong opponent in Tyler. The same is true for Jonathan Stickland, whose opponent in Bedford is a popular former coach and educator.

That would be fine by me, but see my earlier comment about underestimating the crazy. Numero Dos:

The most significant late filings in the Republican primary:

(1) Steve Stockman vs. John Cornyn (U.S. Senator)

(2) Robert Talton vs. Nathan Hecht (Chief Justice, Texas Supreme Court)

(3) Matt Beebe vs. Joe Straus (House District 121)

(4) John Ratcliffe v. Ralph Hall (U.S. House District 4)

(5) Mike Canon vs. Kel Seliger (Texas Senate District 31)

Stockman is about as far-right as far-right can get in this state. Cornyn can swamp him with money, but the tea party will be out in force against Cornyn.

Talton is a conservative trial lawyer who is famous for once having stationed a DPS officer outside his door to prevent gays from entering his office. He is a threat to Hecht (the stationing of the DPS officer outside his door notwithstanding).

Talton’s most recent foray into elections was last year as the GOP candidate for Harris County Attorney. He won that primary but lost the general, and slightly underperformed his peers. Hecht of course is deeply unethical. The winner of that race faces Bill Moody in the general.

There’s still a lot to process from the candidate filings. I don’t have a full picture yet of everything, and I suspect there are still some unexpected stories to tell. I’m already thinking about what interviews I want to do for March; with the primary back to its normal spot on the calendar next year, there isn’t much time to plan. What caught you by surprise this filing period?

Posted in Election 2014 | Tagged Bill Moody, CD33, Cesar Blanco, Chuck Peartree, Congress, David Alameel, El Paso, Election 2012, Election 2014, HD75, HD76, HD77, HD78, HD79, Joe Moody, Joe Pickett, John Cornyn, Kesha Rogers, Lyda Ness-Garcia, Marc Veasey, Marisa Marquez, Mary Gonzalez, Maxey Scherr, Mike Fjetland, Naomi Gonzalez, Nathan Hecht, Norma Chavez, Rey Sepulveda, Robert Talton, Senate, Steve Stockman, Supreme Court, Ted Cruz, Texas, The Lege | 1 Comment

District D runoff overview

Posted on December 11, 2013 by Charles Kuffner

Clearly, it’s Runoff Overview Week at the Chron.

Dwight Boykins

Whittled down from 12 candidates to two last month, the Houston City Council District D race is a David-and-Goliath runoff.

Towering Dwight Boykins, 50, narrowly missed clinching the general election outright with 43 percent of the vote – three times the strength of his runoff opponent. He won most precincts and bigfooted the other candidates in fundraising by collecting more than $200,000.

Georgia Provost

The diminutive-but-fierce Georgia Provost, 72, is among the seniors she talks about protecting from crime and tax-hiking development. She raised just $30,000 for the general election and became a contender with 14 percent of the vote.

Both are vying to replace term-limited Wanda Adams to represent a diverse area anchored by institutions including the Texas Medical Center, Texas Southern University and the University of Houston. The central and southside district extends from just outside downtown to Beltway 8, up to the doorsteps of Pearland and Clear Lake and includes Third Ward, Sunnyside, South Park and a portion of the Museum District.

Boykins and Provost have at least two things in common: A penchant for hats – Stetsons for him and church-lady finishing touches for her – and deep concerns for what’s missing in District D. Where is the full-service grocery store in Sunnyside? Why aren’t there more banking institutions throughout the district’s core? Why are the streets so bad?

[…]

The District D winner will be determined by reliable voters, many of whom are seniors and vote early or via mail, according to Michael Adams, chair of TSU’s political science department.

I agree with that assessment, though honestly it’s true for all of the runoffs, where only the truly hardcore show up. Unlike District A, there’s not a lot of differences between these two on the issues and priorities. Boykins remains the big fundraiser, though Provost hasn’t done badly. There is one clear difference between them, however, and it could possibly be a factor.

Provost said she received about $30,000 in contributions and commitments after the general election, in part, because “you won’t have a woman of color on council” if she does not win.

As things stand now, only Districts A and C are sure to be represented by women in 2014. There will be no women serving At Large, which is a big step down from 2009 when Sue Lovell, Melissa Noriega, and Jolanda Jones were all elected. Depending on the outcome in D and I, there will be between two and four women on Council. It’s possible that could have some resonance in either or both runoffs. For what it’s worth I don’t think this dip in the number of female Council members is anything but a temporary anomaly, but it will stand out for the next two years, and I’m sure we will see stories written about it. You can say you heard it here first.

Posted in Election 2013 | Tagged District D, Dwight Boykins, Election 2013, Georgia Provost, Houston, Houston City Council, runoff, turnout | 2 Comments

The oldest established permanent floating ethics probe in the state

Posted on December 11, 2013 by Charles Kuffner

The Chief Justice of our State Supreme Court, ladies and gentlemen.

Nathan Hecht

Texas Supreme Court Chief Justice Nathan Hecht, already the longest-serving member of the state’s highest civil court, has the dubious distinction of owning another record: the longest running appeal of a state ethics fine.

With the case dragging into its fifth year, watchdog groups are pointing the finger at Attorney General Greg Abbott for not pressing harder in court for a final resolution.

[…]

Hecht’s case is set to reach its fifth anniversary in Travis County District Court next month, making it by the far the longest-running legal challenge over an ethics panel fine in the agency’s roughly two-decade history.

“This whole matter has been swept under the rug for years and years without any resolution,” said Alex Winslow, director of Texas Watch, which monitors the state Supreme Court and filed the ethics complaint against Hecht. “Greg Abbott has the full discretion for pursuing this case and reaching some resolution for it and for whatever reason he’s opted not to do that.”

[…]

On Tuesday, Abbott’s office said it is not its responsibility to speed the ethics appeal along. That falls on Hecht’s shoulders, according to the Abbott’s office, since he filed the case.

“These watchdog groups’ claims make no sense because, to the extent the case is not advancing quickly, the result is that the attempt to overturn the Ethics Commission’s ruling is not advancing,” Abbott spokesman Thomas Kelley said in a statement.

The watchdog groups, however, said the case has seemingly fallen off the radar for both sides: it has sat dormant for more than a year, with not a document filed since October 2012. That marks the second time the case has gone at least 12 months without so much as a single filing.

With the ethics case hanging overhead, Hecht won re-election in 2012 to the Supreme Court and recently was sworn in for the promotion to chief justice.

“It gets more important every day now. Texans need to know whether the ruling of the Texas Ethics Commission that Hecht violated the law is valid,” said Craig McDonald, director of the watchdog group Texans for Public Justice, which filed the ethics complaint against Keller that resulted in a $25,000 settlement.

“It’s the burden of the attorney general to prosecute the case and from the outside it looks like the attorney general’s office has thrown this case in a dusty file cabinet.”

Abbott’s excuse for doing nothing is mighty convenient when you stop and think about it. As long as Hecht’s appeal is pending, he’s not on the hook for anything. It’s only once his final appeals have finished running their course that he might have to write a check. True, he might beat the rap, but why take the chance if there’s no pressure on him to ever bring this thing to a close? If Greg Abbott has no interest in pursuing a resolution, why should Nathan Hecht? The status quo suits him just fine, thank you very much. Burka, who suggests a way out of this, has more.

Posted in Show Business for Ugly People | Tagged ethics, Greg Abbott, Nathan Hecht, Supreme Court, Texas, Texas Ethics Commission | Comments Off

Lehmberg civil trial this week

Posted on December 11, 2013 by Charles Kuffner

I’d almost forgotten about this.

Rosemary Lehmberg

Travis County District Attorney Rosemary Lehmberg heads to court this week as a defendant in a civil trial that could result in her ouster from office.

The trial, set to start Monday in Austin before a visiting judge from San Antonio, stems from Lehmberg’s drunken driving arrest in April. She pleaded guilty within days, was sentenced to 45 days in jail and took a leave of absence to check into rehab. Lehmberg, who a year ago had been elected overwhelmingly to a second four-year term, then returned to her job.

But a petition seeking her removal was filed by Austin attorney Kerry O’Brien under a state law that allows the removal of elected officials for “incompetency,” ”official misconduct” or “intoxication on or off duty caused by drinking an alcoholic beverage.” Anyone living in a county for six months can file a petition there.

“I think the integrity of the office is compromised as long as she is there,” O’Brien told the Austin American-Statesman (http://bit.ly/1jAC93L ).

[…]

State District Court Judge David Peeples, who has handled several removal cases in South Texas, will rule in Lehmberg’s case after she waived her right to a jury trial. His decision could come by the end of the week.

Lehmberg could appeal a finding against her, and Peeples also would have to decide if she could remain in office while appealing.

See here and here for some background. I’ve kind of lost track of the minutiae here since it’s mostly the Statesman that’s reporting on this and most of their stuff is behind a paywall these days, but I gather that Lehmberg waived her right to a jury trial, so Judge Peeples will render the verdict. That said, they are putting daily updates on the trial on their free site. Here’s Monday’s report, and here’s Tuesday’s. I get the impression the judge is not terribly moved by the prosecution’s arguments so far, but we’ll know soon enough.

Posted in Crime and Punishment | Tagged District Attorney, DUI, Election 2014, lawsuit, Rosemary Lehmberg, Travis County | Comments Off

Final filings: We have a statewide Democrat

Posted on December 10, 2013 by Charles Kuffner

Boy, I didn’t see this coming.

Judge Larry Meyers

Longtime Texas Court of Criminal Appeals Judge Lawrence “Larry” Meyers announced Monday that he is leaving the Republican Party to run as a Democrat for the Texas Supreme Court.

Meyers, of Fort Worth, filed Monday on the last day of filing to seek Place 6 on the Supreme Court, currently held by Jeff Brown.

“I am thrilled to welcome Judge Meyers to the Texas Democratic Party,” Texas Democratic Party Chairman Gilberto Hinojosa said. “I am even more excited to know that Judge Meyers doesn’t stand alone. Every day, I hear from real voters that our party represents the strongest path forward for our state.

“Texas is changing and voters will continue ot reject a Republican Party more focused on ideology than ideas.”

Meyers’ party switch makes him the first statewide Democratic officeholder since 1998.

What’s more, since his term on the CCA isn’t up until 2016, no matter what happens in that race he’ll be on the bench at least until then. It’s a little strange having a criminal court judge running for a civil court, but that’s far from the strangest thing that’s happened this cycle. Meyers announced a challenge to Sharon Keller in the GOP primary in 2012 despite having previously been an ally of hers, but as far as I can tell he didn’t actually go through with it; the SOS page for the 2012 GOP primary shows her as unopposed. In any event, welcome to the party, Judge Meyers. Best of luck in your election.

That was the first surprise of the day but it wasn’t the last and may not have been the biggest, for next came this.

U.S. Rep. Steve Stockman, R-Friendswood, has filed to run against U.S. Sen. John Cornyn in the March GOP primary, joining at least eight other hopefuls vying for the senior senator’s seat, according to a spokesman with the Republican Party of Texas.

Stockman, who had filed for re-election in Congressional District 36, had to withdraw from that race to seek Cornyn’s seat.

In an interview with the website WND, Stockman said he was running because he was “extremely disappointed in the way [Cornyn] treated his fellow congressmen and broke the 11th commandment and undermined Ted Cruz’s fight to stop Obamacare.”

There’s crazy, there’s bat$#!+ crazy, and then there’s Steve Stockman, who does a triple lutz barrel roll with a half-gainer but still sticks the landing. Take that, Louie Gohmert!

GOP political consultant Matt Mackowiak said Stockman faces an uphill battle, from recent investigations into his political and fundraising operation to Cornyn’s “huge bankroll.”

“Now we will find out if Sen. Cornyn is truly vulnerable, which I have doubted,” Mackowiak said, adding, “I predict that not one member of the congressional delegation will support Stockman. Ultimately, he will need outside groups to spend, and that is the most important unknown right now.”

All I can say is that so far, no one has gone broke underestimating the insanity of Republican primary voters. I suppose there’s a first time for everything. In the meantime, I join with PDiddie, Texpatriate, Juanita, and BOR in marveling at the spectacle.

Stockman’s change in office means that he won’t be running for CD36, which means there’s at least a chance Congress could be a tiny bit less wacko in 2015. There are three other Republicans running, and one Democrat.

Meanwhile, Michael Cole has had his eye on the heavily-Republican district since 2012, when he ran as a libertarian. He got about 6,000 votes in that election.

Now Cole, a 38 year old teacher from Orange, Texas, is running again as a Democrat. He says he has a campaign team in place, has been crisscrossing the district, and is about to file his first report on fundraising to the Federal Elections Commission. He said he’d focus on getting things done and charged outgoing Stockman with wasting time on politics.

“I can listen to what my constituents want instead of just showboating against Barack Obama,” he said, noting that his major focus would be on middle class job growth.

The change in candidates doesn’t change the fact that this is a 70% GOP district. But still, a Republican and a Libertarian both turning Democrat to run next year? Not a bad day if you ask me.

Anyway. Here’s the TDP list, which will not include people that filed at their county offices, and the Harris County GOP list; I’ve put the HCDP list beneath the fold, since the updated version of it isn’t online just yet. Stace notes the contested primaries of interest in Harris County, but here are a few other highlights:

– In addition to Larry Meyers, the Dems have two other Supreme Court candidates (Bill Moody and Gina Benavides, who is a Justice on the 13th Court of Appeals) and one CCA candidate (John Granberg for Place 3). Not a full slate, but not too bad. According to a TDP press release, Granberg is an attorney from El Paso (as is Moody, who is a District Court judge) and Benavides is from McAllen.

– Kinky Friedman has a second opponent for Ag Commissioner, Hugh Asa Fitzsimons III. Either the Dems got used to the idea of Friedman on the ballot or they failed utterly to find an opponent for him that isn’t some dude. I never thought I’d say this, but as things stand today I’d vote for Kinky.

– Another press release from the TDP makes a nice-sounding claim:

Today, the Texas Democratic Party announced its slate of candidates for 2014. Texas Democrats are fielding more candidates for statewide office in this election cycle than any time since 2002.

In addition to the statewide slate, the party devoted significant time to recruiting for down ballot races, and announced challengers in State Senate districts 10 and 17, and a full slate of candidates to the State Board of Education.

The party spent significant time recruiting Justices of the Peace, County Constables, County Judges, County Commissioners and others in places like Lubbock, Wichita Falls, San Angelo and across Texas.

I like the look of that. I wish they had more information in that release, but it’s an encouraging sign regardless.

– There will not be a rematch in CD33 between Rep. Marc Veasey and Domingo Garcia. As a fan of Rep. Veasey, I’m glad to hear that.

– Rep. Harold Dutton did file for re-election in HD142. Some people just can’t be rushed, I guess. Rep. Carol Alvarado joined Rep. Alma Allen in drawing a primary challenger, as Susan Delgado filed at the last minute in HD145. I’ll be voting for Rep. Alvarado, thanks. Oh, and the GOP did find a challenger for HD144 – Gilbert Pena, who lost in the primary for that district in 2012.

– Dems did not get candidates foe each local judicial race, but there are a few contested judicial primaries. Yes, that’s a little frustrating, but people will run where they want to run.

– No one is running against Commissioner Jack Morman, and no one else is running for County Judge. Alas. Ann Harris Bennett has an opponent for County Clerk, Gayle Mitchell, who filed a finance report in July but has been quiet since.

– Possibly the biggest surprise locally is that outgoing CM Melissa Noriega filed for HCDE At Large Position 7, making that a three way race with Traci Jensen and Lily Leal. I will have more on that later.

I’m sure I’ll have plenty more to say about many of these races soon. Here’s the Chron story for now, which doesn’t add anything I didn’t already have here. What are your thoughts about the lineups?

Continue reading →

Posted in Election 2014 | Tagged Ag Commissioner, Ann Harris Bennett, Carol Alvarado, CD33, CD36, Congress, Court of Criminal Appeals, Domingo Garcia, Election 2014, filing deadline, Gayle Mitchell, Gilbert Pena, Harold Dutton, Harris County, Harris County Clerk, HCDE, HD142, HD144, HD145, John Cornyn, judicial races, Kinky Friedman, Larry Meyers, Lily Leal, Marc Veasey, Melissa Noriega, Michael Cole, Senate, Steve Stockman, Supreme Court, Susan Delgado, Texas, The Lege, Traci Jensen | 7 Comments

District A runoff overview

Posted on December 10, 2013 by Charles Kuffner

It’s the same old story, just a little louder this time.

CM Helena Brown

Three years ago, when city voters narrowly approved what would become a controversial monthly drainage fee to fund $8 billion of street and flood projects in the next two decades, City Council District A stood out as an exception.

While the charter amendment that created the dedicated account to fund the Rebuild Houston program passed by a slim 2 percent, voters in the conservative-leaning swath on the northwest side rejected it 55 to 45 percent. That was despite the fact that residents name flooding as one of the district’s biggest problems.

Brenda Stardig

“This is a district that doesn’t like any spending at all, even when they’re the beneficiaries of it,” said Rice University political scientist Bob Stein.

Stein discovered a negative correlation between votes for and against the drainage fee in 2010 and votes for or against Mayor Annise Parker and some incumbent City Council members in 2011, including District A’s then-council member Brenda Stardig.

Despite her district’s position, Stardig voted in favor of an ordinance implementing the drainage fee, saying she pressed the mayor to exempt schools and churches from having to pay it. Later that year, the real estate broker and long-time neighborhood activist was ousted after one term by tea party favorite Helena Brown.

Brown had seized on the drainage fee vote and other issues – including an admitted lack of constituent response – to force Stardig into a runoff, which Brown won by 12 points. Two years later, the 36-year-old former civic club president again finds herself in a runoff with Stardig, 51.

The story recaps the issues and themes of this extended campaign, with which we are all familiar. I really have no idea how this election will go. On the one hand, a 38% showing in November for an incumbent usually spells doom. On the other hand, CM Brown has done better than I thought she might in fundraising and endorsements, and like it or not her slash-and-burn philosophy isn’t particularly out of step with the district. She probably has less to fear from a low-turnout race than Stardig does, though for what it’s worth the early vote numbers are heavier in District A than just about anywhere else. I don’t know if the Chron reporter reached out to any of the other three District A candidates, but as far as I can tell none of them has made an endorsement in the runoff. One thing I noted while interviewing Mike Knox, Amy Peck, and Ron Hale is that all three seemed to be running not just against Brown, but also against Stardig. As such, I’m not surprised that they have all gone quiet since the November election, but it’s another suggestion that while many voters may have been willing to make another change in District A, Stardig wasn’t necessarily the change they were looking for. What’s your view on this runoff?

Posted in Election 2013 | Tagged Brenda Stardig, early voting, Election 2011, Election 2013, Helena Brown, Houston, Houston City Council, Renew Houston, runoff, turnout | 8 Comments

Evaluating the strip club settlement

Posted on December 10, 2013 by Charles Kuffner

Some interesting feedback on the city’s recent legal settlement with area strip clubs.

South Texas College of Law professor Matthew Festa said the payments are not his central concern, noting cities often condition building permits on a business planting trees or building sidewalks. Festa said the deal presents a separation of powers issue, however, in that Mayor Annise Parker’s administration is selectively enforcing city rules. It also raises a due process issue by creating a two-tiered approach to enforcement, he said.

The ordinance remains in force as written for clubs not involved in the settlement. In addition to the three-foot rule, the ordinance requires that such businesses operate at least 1,500 feet from schools, day cares, parks and churches.

“ ’You close down the private rooms, and we’ll back down on the three-foot rule.’ Those are great examples of compromise and deliberation that are supposed to be made and decided on by the legislative body, which is the City Council,” Festa said. “The settlement may, in fact, reflect a good judgment about what the law should be, but until that becomes what the law is, it’s problematic for the city to not enforce it uniformly.”

Kellen Zale, a professor at the University of Houston Law Center, had fewer concerns about two-tiered enforcement. She said the outcome strikes her as similar to grandfathering, which happens regularly in all cities, particular zoned cities where businesses that exist before land use rules change can operate under the old rules.

“The local government is exercising its police power and saying, ‘In exchange for you helping with our vice requirements, we can help with your, I guess, clothing requirements,’ ” she said. “It’s within their police power to make these arrangements that change the land use requirements or the business operation requirements for a particular business.”

Amy Farrell, a Northeastern University criminologist and human trafficking expert, found the settlement surprising. Small charges for such things as violating the three-foot rule can be useful for police, she said, helping them gain leverage for a wider trafficking probe.

“There certainly have been cities in the U.S. that have created agreements with businesses, but those were more on the regulation side and didn’t have this explicit pay-back system,” Farrell said. “We hope that communities would provide the resources to pursue these cases without needing to make bargains with strip clubs.”

Still, Farrell said, the information sharing between businesses and police, and the money to fund additional officers, could be valuable.

Mary Burke, executive director of the nonprofit Project to End Human Trafficking, refers to Houston as city that is making progress on human trafficking, but said the settlement “feels slimy.”

“I have mixed reactions. Are we somehow colluding with the perpetrator by taking this money?” she said. “That’s really fantastic to see that much money go to a human trafficking unit. I hope some of that money is given to groups who help survivors.”

Burke said she is among those who believe all sex businesses exploit and objectify women, and said she is concerned the elimination of the three-foot rule could lead to more dancers being touched or grabbed in unwelcome ways.

This story said that only five sexually-oriented businesses agreed to the deal; the original story and the Mayor’s press release said there were 16. I’m not exactly sure what accounts for the difference, but my guess is that it means five more besides the original 16 plaintiffs. Just a guess. Anyway, my impression was that it’s a reasonable deal, and it does have the effect of resolving this ridiculously long series of lawsuits and appeals. I gather that something like this hasn’t been tried anywhere else, so we’ll see how it goes. I think it was worth trying. Check back in a year or two and we’ll see if the parties involved still feel that way.

Posted in Local politics | Tagged Annise Parker, David Feldman, Houston, human trafficking, lawsuit, sexually oriented businesses, strip clubs | Comments Off

Hall calls for Torre, Cox, and LaRussa

Posted on December 10, 2013 by Charles Kuffner

Congratulations to the newest members of the Hall of Fame.

The first wave of inductees for the 2014 Baseball Hall of Fame class have been announced. The Veteran’s Committee has decided to induct managers Joe Torre, Bobby Cox, and Tony La Russa:

The newest members of the @BaseballHall of Fame: pic.twitter.com/BUaGGvtBGl

— MLB Public Relations (@MLB_PR) December 9, 2013

All three managers were inducted unanimously by the 16-man committee, and absolutely no one should be shocked. They are all extremely well-loved in baseball circles and rank 3rd (La Russa, 2,728), 4th (Cox, 2,504), and 5th (Torre, 2,326) all-time in managerial wins.

All three are deserving, no question about it. However, the joy of seeing those deserving candidates get enshrined is greatly tempered by the sadness of the one that didn’t.

The other people who were on the ballot were Dave Concepcion, Steve Garvey, Tommy John, Billy Martin, Dave Parker, Dan Quisenberry, Ted Simmons, Steinbrenner, and Marvin Miller. Of these nominees, I’m of the opinion that Simmons, John, and Steinbrenner should probably be honored in Cooperstown one way or another, but the biggest crime of all is the continued dismissal of the late Marvin Miller. It is a complete and utter joke that the Hall of Fame claims to honor the biggest figures in the history of baseball but has never done anything for Miller. Dayn Perry over at CBS Sports nicely sums up Miller’s slam-dunk case:

Marvin Miller

Miller is the man who, armed with his training as an economist for the United Steelworkers of America, forged the MLBPA into something more than a handmaiden to ownership, something more than a “company union.” Recounting the gains made by the players under Miller would take too much bandwidth (and keep in mind that bandwidth is not especially finite). Most notably, though, he methodically and relentlessly attacked the reserve clause — the patently unfair system that yoked a player to one team for life or until the team was done with him.

Finally, in 1975, thanks to the “test cases” of Andy Messersmith and Dave McNally, the reserve clause was overturned by arbitrator Peter Seitz, and free agency in baseball was born. In part because of that and in part because Miller was able to persuade owners to accept salary arbitration, the average major-league salary increased tenfold during Miller’s tenure. And that’s to say nothing of the pension system he created — one that’s the envy of athletes in other professional sports.

All of those are good things, both on the principle of economic freedom and in terms of making MLB a more attractive destination for athletic talent around the world. Contrary to popular misconception, free agency also improved parity and competitive balance across the league.

The players’ union was an absolute joke when Miller took over. By the time he left office, players had far more rights than ever before. The nigh-century old reserve clause was a complete injustice; Miller’s hard-fought case against it eventually led to its elimination. Average salary increased by 1,616% during his tenure. (No, that is not a typo.) Players were previously unable to file grievances against owners. As previously mentioned, anyone arguing Steinbrenner’s case better be arguing for Miller’s too, since free agency, the very institution that Steinbrenner capitalized on, would not have been possible without Miller. Miller changed the game for the better, but his continued to exclusion is why people like Hardball Talk’s Craig Calcaterra have legitimate reasons to completely dismiss the Hall’s validity (emphasis mine):

The direct problem is one I’ve mentioned many times before, and that’s the horrendous exclusion of Marvin Miller. He’s been passed over multiple times now, and he’s probably never getting in. I’ve accepted that. I’ll never accept, however, that the Hall of Fame is anything approaching legitimate without Miller’s inclusion. Many owners, executives and commissioners — many feckless at best, some actively harmful to the game — are in the Hall. Very few of them if any have had as big an impact on how baseball operates than Miller.

Bowie Kuhn, the crappy commissioner who Miller constantly fought and triumphed over multiple times, is in the Hall of Fame while Miller remains outside. That is just completely baffling. What’s worse is that Miller apparently received even fewer votes than he did during his last vote in 2010: six at most. Coincidentally, the 16-man committee had six former players on it. Rod Carew, Carlton Fisk, Joe Morgan, Paul Molitor, Phil Niekro, and Frank Robinson better all have voted for Miller, if not only due to his effect on their salaries. The remainder of the committee consisted of managers Whitey Herzog and Tommy Lasorda, historians Steve Hirdt, Bruce Jenkins, Jack O’Connell, and Jim Reeves, and executives Andy MacPhail, Dave Montgomery, Jerry Reinsdorf, and Paul Beeston. Even if all four executives on the ballot decided to screw Miller over for what he did to them over the years, the remainder of the voting bloc could still have inducted him with the requisite 12 votes. Hirdt, Jenkins, O’Connell, and Reeves don’t deserve the title of “historian” if they didn’t vote for Miller, given how much Miller did to impact baseball history. We might never see a Hall of Fame without Marvin Miller. and until he’s elected, that gross fact likely stands as Cooperstown’s biggest failure.

I agree completely. I wish I knew what it would take to fix this massive oversight, but then the Hall of Fame stopped making sense years ago. Think Progress and Linkmeister have more.

Posted in Baseball | Tagged Baseball, Bobby Cox, Hall of Fame, Joe Torre, Marvin Miller, MLB, Tony LaRussa | Comments Off

Last day of runoff early voting

Posted on December 10, 2013 by Charles Kuffner

From the inbox:

“Tuesday, December 10th is the last day of Early voting for the City of Houston and Houston Community College System Runoff Election,” noted Harris County Clerk and Chief Election Official, Stan Stanart today as he urged voters to take advantage of what remains of the early voting period. “Your vote could make the difference in electing one third of these two important governing bodies.”

“Voters should take advantage of Early Voting before preparations for the Christmas Holiday activities totally consumes their focus,” advised Stanart. “Keep in mind, Election Day for this runoff election takes place on Saturday, December 14th, eleven days before Christmas.”

All 22 Early Voting locations will be open from 7 a.m. to 7 p.m. See www.HarrisVotes.com for locations.

Stanart reminded voters to bring Photo ID to the polls stating, “Texas law requires voters to present one of seven types of photo IDs when voting in-person in all elections. I urge voters to come prepared with one of the required photo IDs to the polls.”

The state approved photo IDs for voting include:

· Texas Driver’s License issued by the Texas Department of Public Safety (DPS)

· Texas Election Identification Certificate issued by DPS

· Texas Personal Identification Card issued by DPS

· Texas Concealed Handgun License issued by DPS

· United States Military Identification Card containing the person’s photograph

· United States Citizenship Certificate containing the person’s photograph

· United States Passport

With the exception of the U.S. citizenship certificate and some military identifications, the ID must be current or have expired no more than 60 days before being presented at the polling place. For more information about the photo ID requirements visit www.HarrisVotes.com.

Stanart also reminded voters, “A voter must be registered to vote in the City of Houston or the Houston Community College district in order to participate in this Runoff Election.”

To obtain a list of Early Voting locations, Election Day Polling Locations or to view a voter specific sample ballot, voters can visit www.HarrisVotes.com or call 713-755-6965 to find all of this information and more.

A total of 15,507 in person and absentee votes had been cast through yesterday. I’ll have a fuller report on that plus a refined guess on turnout later. In the meantime, go vote if you haven’t already done so, and remember to vote for Zeph Capo.

Posted in Election 2013 | Tagged early voting, Election 2013, HCC, Houston, Houston City Council, runoff, turnout, Zeph Capo | 1 Comment

Filing deadline today

Posted on December 9, 2013 by Charles Kuffner

Before I get into the details of who has or hasn’t filed for what, I have a bone to pick with this AP story.

Perhaps what the candidate filings reveal most is the relative strength and depth of the political parties in Texas. Four top Republicans are in a fierce battle for lieutenant governor, three for attorney general and five for agriculture commissioner.

Three Republicans are in the race for the Railroad Commission, an entry-level statewide office that gives the winner routine access to the state’s biggest campaign donors as well as the governor and attorney general. The only competition in the judicial races is for open seats vacated by Republican incumbents.

If a party can be judged by the number of people who want to lead it, Republicans certainly remain popular and thriving. Most of their statewide candidates have decades of experience winning elections.

Democrats have yet to field a complete slate of statewide candidates and have just one candidate each for lieutenant governor, attorney general, comptroller and land commissioner. The only potentially competitive race pits failed gubernatorial candidate Kinky Friedman against Jim Hogan for agriculture commissioner.

San Antonio Sen. Leticia Van de Putte, the only Democrat running for lieutenant governor, was first elected to the Texas House in 1990 and to the Senate in 1999. She has the most campaign experience among Democratic candidates followed by Davis, who won her Senate seat in 2008. Freidman and attorney general candidate Sam Houston have run statewide offices before, but have never won.

That lack of experience and the shortage of candidates reveal the shallowness of the Democratic bench after 20 years out of power. There are young Democrats who have statewide potential, such as San Antonio Mayor Julian Castro and his twin brother U.S. Rep. Joaquin Castro, but they’ve decided like some others to sit out the 2014 race, likely to let others test the waters before they take the plunge themselves.

I’ll stipulate that the Republican side of the ballot has more overall experience. For obvious reasons, it’s the only primary that features statewide officeholders. But to say “most of their statewide candidates have decades of experience winning elections” overstates things considerably. Outside of the Lt Governor’s race, most of their candidates are current or former legislators, and I submit that decades of winning a gerrymandered legislative district is hardly indicative of statewide potential.

To break it down a bit more scientifically, the GOP field for the non-Governor and Lt. Governor races are made up of the following:

Railroad Commissioner: One former State Rep and three people you’ve never heard of.
Land Commissioner: One scion of a political dynasty making his first run for office, and some other dude.
Ag Commissioner: Two former State Reps, the Mayor of a small town, and a state party functionary who lost a State Rep race in 2004.
Attorney General: A State Senator, a State Rep, and an appointed Railroad Commissioner that defeated a Libertarian in 2012 in the only election he’s run to date.
Comptroller: A State Senator, a State Rep, and a failed gubernatorial candidate.

Not exactly Murderer’s Row, is it? What they have first and foremost is the advantage of their party. That’s no small thing, of course, but it has nothing to do with anything any of them has done.

That said, most current statewide officeholders made the initial leap from legislative offices – Rick Perry and Susan Combs were State Reps before winning their first statewide elections, with Combs spending two years in Sen. Kay Bailey Hutchison’s office in between; Todd Staples and Jerry Patterson were State Senators. Dems have plenty of legislators that would make fine candidates for state office – two of them are currently running – but it’s a lot harder to convince someone to give up a safe seat for what we would all acknowledge is an underdog bid for higher office. How much that changes in 2018, if at all, depends entirely on how well things go this year. If we have one or more breakthroughs, or even if we come reasonably close, you can bet there will be plenty of candidates with “decades of experience winning elections” next time.

Anyway. As we head into the last day of candidate filing, the local Democratic ballot is filling in nicely. Dems have at least one candidate for nineteen of the 24 State House seats in Harris County. Four are GOP-held seats – HDs 126, 127, 128, and 130 – and one is HD142, which is currently held by Rep. Harold Dutton. Either Rep. Dutton is just dithering until the last day, or he’s planning to retire and his preferred successor will file sometime late today. I guess we’ll find out soon enough. The two additions to the Democratic challenger ledger are Luis Lopez in HD132, who appears to be this person, and Fred Vernon in HD138, about whom I know nothing. Dems also now have two Congressional challengers, James Cargas in CD07 as expected, and Niko Letsos in CD02, about whom I know nothing.

By the way, for comparison purposes, the Harris County GOP is only contesting 14 of 24 State Rep seats. The three lucky Dems that have drawn challengers so far are Rep. Gene Wu in HD137, Rep. Hubert Vo in HD149 – we already knew about that one – and Rep. Jessica Farrar in HD148, who draws 2011 At Large #3 Council candidate Chris Carmona. I have to say, if they leave freshman Rep. Mary Ann Perez in HD144 unopposed, I would consider that an abject failure of recruitment if I were a Republican. Beyond that, the thing that piqued my interest was seeing the two worst recent officeholders – Michael Wolfe and Don Sumners – back on the ballot, as each is running for the two At Large HCDE Trustee offices. Putting aside their myriad and deep incompetencies while in office, the only possible reason these two clowns would be running for the HCDE is that they want to screw it up for the purpose of killing it off. As we know, Dems have Traci Jensen and Lily Leal running for one of those seats. Debra Kerner is the incumbent for the other seat and I believe she has filed but with petitions, so her status hasn’t been finalized yet. All I know is that we have enough chuckleheads in office already. We don’t need to put these two retreads back into positions of power.

Statewide, Texpatriate noted on Saturday that Dale Henry has filed to run for Railroad Commissioner, which will pit him against Steve Brown. Henry ran for this office as a Dem in 2006, 2008 (he lost in the primary to Mark Thompson), and 2010. Henry is a qualified candidate, but he’s a dinosaur in terms of campaign techniques and technologies. That might have been charming in 2006 or 2008, but it’s way out of place in 2014. All due respect to Dale Henry, but I’ll be voting for Steve Brown. We are still waiting to see how many statewide judicial candidates we’ll get. Word is we’ll have them, but who and how many remain unknown. Finally, between the Harris County primary filings email and the TDP filings page, I see that Dems have at least two candidates for the 14th Circuit Court of Appeals – Gordon Goodman for Place 7, and Kyle Carter, who was re-elected to the 125th Civil District Court in 2012, for Chief Justice. There are still slots on that court and on the 1st Court of Appeals, so I hope there are more of these to come. As always, if you are aware of other filings or rumors of filings, leave a comment and let us know.

Posted in Election 2014 | Tagged Al Hoang, CD02, CD07, Chris Carmona, Congress, Dale Henry, Debby Kerner, Democratic primary, Don Sumners, Election 2014, Fred Vernon, Gene Wu, Harold Dutton, Harris County, HCDE, HD132, HD137, HD138, HD142, HD148, HD149, Hubert Vo, James Cargas, Jessica Farrar, judicial races, Leticia Van De Putte, Lite Gov, Luis Lopez, Michael Wolfe, Niko Letsos, Railroad Commission, Steve Brown, Texas, The Lege | Comments Off

Abbott’s CPRIT problem

Posted on December 9, 2013 by Charles Kuffner

Expect to hear a lot about this.

A Travis County grand jury has indicted Jerry Cobbs, a former high-ranking official with the Cancer Prevention and Research Institute of Texas, on charges that he unlawfully secured the execution of an $11 million grant for Peloton Therapeutics, a Dallas-based biotechnology firm.

The Travis County Public Integrity Unit opened an investigation into former CPRIT officials shortly after the CPRIT Oversight Committee disclosed in November 2012 that the institute had awarded that grant without proper scientific review.

Cobbs served as the institute’s chief commercialization officer for three years, before resigning that month. In that role, he was responsible for presenting the Peloton grant to the Oversight Board for approval. Given the amount of the grant, and the allegations that Cobbs failed to disclose that it had not gone through the required review process, he is being charged with a first-degree felony punishable by five to 99 years in jail and up to a $10,000 fine. He turned himself in this morning and was released on an $85,000 bond, according to the Public Integrity Unit’s Gregg Cox.

Glenn Smith, director of the liberal Progress Texas PAC and filer of the criminal complaint against CPRIT, released a statement saying that “those responsible for the corruption at CPRIT are being brought to justice.” He said questions remain about the members of the Oversight Board responsible for approving the grant — including GOP gubernatorial candidate and Texas Attorney General Greg Abbott and outgoing Comptroller Susan Combs.

“The indictment of a former CPRIT official confirms that Greg Abbott has betrayed Texas taxpayers by failing to show up to even one CPRIT oversight board meeting,” state Sen. Wendy Davis, the Democratic gubernatorial candidate, said in a statement. “Greg Abbott has yet to fully explain why he failed in his basic oversight responsibilities to Texas taxpayers.”

Grier editorializes for HISD policy change on school mascots and nicknames

Posted on December 9, 2013 by Charles Kuffner

Here’s HISD Superintendent Terry Grier’s op-ed in the Chron about the likely forthcoming change in HISD policy on school mascots and nicknames.

Terry Grier

HISD must retire, respectfully, school symbols that no longer reflect the values of who we are – proudly diverse, inclusive, forward-thinking and committed to instilling character and social awareness in our youngsters.

The Lamar Redskins, Hamilton Indians, Welch Warriors and Westbury Rebels must become a part of HISD’s history.

Steps are being taken to craft a new district policy that will allow schools to acknowledge the important traditions of these symbols to each of their communities, but that will make sure new mascots are in place by the start of the 2014-15 school year. HISD is working with principals at these schools, and we are looking to the Board of Education to adopt an unequivocal new policy at its next meeting on Thursday.

We applaud state Sen. Rodney Ellis and the Anti-Defamation League for championing this issue. Our duty is to be sensitive to the deep passions on both sides at each campus – working to balance the historic significance of these mascots to many with the negative, hurtful and sometimes embarrassed reactions they engender in many others.

[…]

Lamar, Westbury, Welch and Hamilton should be defined and measured by their notable student successes – not bogged down by questions about their school mascots.

Our goal in HISD is not to obliterate all vestiges of traditional figures that were once widely embraced. That is an important part of each school’s cultural and historic literacy. But the place for Redskins patches or pennants, or for Confederate symbols is no longer on the uniforms of our teams and cheer squads. They can be displayed in cases on campuses and explained in history books.

See here and here for the background. I don’t have much to add to this, just that I agree with it and am glad to see it. To anyone who might be thinking that HISD has better things to do than to enact policies like this, I’ll just note that if they do wait around until they have no more pressing business as defined by some people to deal with, they might find that an awfully long time has passed and these embarrassing anachronisms are still on the books. Better to deal with it now – it’s not like it’s going to derail or needlessly delay any other business – and know that it’s one less injustice waiting around to be recognized for what it is.

Posted in School days | Tagged HISD, HISD Board of Trustees, Houston, Lamar High School, Terry Grier | 4 Comments

Ted Cruz argues against his own election

Posted on December 9, 2013 by Charles Kuffner

I’ve said it before and I’ll say it again, I just don’t get this.

Not Ted Cruz

Sen. Ted Cruz, elected 13 months ago by actual voters, said Thursday he’d prefer to see state legislators pick U.S. senators – as they were until a century ago, when the 17th Amendment came along.

Direct election of senators has eroded states’ rights, Cruz argued, speaking to a ballroom filled with conservative state lawmakers from around the country.

“If you have the ability to hire and fire me,” he said, “I’m a lot less likely to break into your house and steal your television. So there’s no doubt that was a major step toward the explosion of federal power and the undermining of the authority of the states at the local level.”

The 17th Amendment was ratified in 1913 amid dismay that powerful federal lawmakers were sometimes picked through corruption and backroom deals. It was also partly a response to growing public irritation that even as more and more Americans had the right to vote, they got no say in who represented them in the Senate.

Cruz spoke over lunch to a policy summit of the American Legislative Exchange Council, a controversial group that for years has quietly circulated “model” legislation on anything from voter ID rules to tax policy. He got standing ovations.

Of course he did. If one takes his analogy seriously, though, doesn’t that mean that by taking away the ability to hire and fire him from regular voters, he’s therefore a lot more likely to break into their houses and steal their TVs? For someone who’s supposedly this world-class ninja-level debater, that seems like an awfully dumb thing to say.

One thing I’ve been curious about is just how much support there is for this seemingly crazy, anti-democratic idea. Turns out the answer is not so much, at least according to one poll.

According to a recent HuffPost/YouGov poll, attacking the 17th Amendment has little appeal outside the most conservative circles. It’s even very unpopular among Republicans as a whole.

Conservative advocates argue that taking the selection of senators away from state legislatures improperly shifted power to the federal government. ALEC is considering backing draft legislation that would chip away at the century-old amendment by letting state legislatures place Senate candidates on the ballot along with those candidates nominated by the political parties through their primaries or conventions.

The HuffPost/YouGov poll found that, so far at least, Republicans have not been persuaded: 83 percent of them said they preferred the popular vote for Senate elections (only 12 percent favored election by state legislatures) and 73 percent of them said the 17th Amendment should remain in place (18 percent favored repeal).

Support for repealing the 17th Amendment was higher among self-identified “very conservative” respondents and those who consider themselves members of the tea party.

[…]

Republicans as a whole were stauncher defenders of the 17th Amendment than Democrats or independents were. Compared to those 83 percent of Republicans, lesser majorities of 71 percent of Democrats and 65 percent of independents said they preferred direct election of senators. Democrats and independents were somewhat more likely than Republicans to say they weren’t sure, not to say they preferred election by state legislatures.

Overall, only 11 percent of Americans said they think senators should be elected by state legislatures rather than by popular vote, while 71 percent said they preferred the status quo. Sixty-four percent said the 17th Amendment should remain in place, and 16 percent said it should be repealed.

Full poll information is here. I should note that Ted Cruz isn’t the only elected Republican in Texas that supports this. I realize that Cruz is playing a long game here, but these are some pretty strong numbers to try to reverse. I realize there are bigger things on which to stand against Ted Cruz, but a little more pushback here would be nice. It would also be nice if the UT/Texas Trib pollsters did a check on this question, which as far as I can tell, they have not yet done. Let’s see how popular this idea is with the voters that would be directly affected by Ted Cruz’s wild idea.

Posted in National news | Tagged Constitution, Dan Patrick, David Dewhurst, polls, Senate, Ted Cruz, Texas | 2 Comments

Weekend link dump for December 8

Posted on December 8, 2013 by Charles Kuffner

Some handy recipes for your next Thanksgiving.

Meet your very early Presidential candidates for 2016. They all have a better chance of being elected than Rudy Giuliani did at this point in the 2008 cycle.

Santa Claus, Bigfoot, and job creators. Can you guess what they have in common?

Remember when “more Catholic than the Pope” was just an expression?

RIP Elwood, the world’s ugliest dog.

“Missing-person lists are nothing new, but in any given disaster, they were often difficult to search or find at all. If relief work could be considered an industry, then Person Finder is an example of what Google does best: disrupt an inefficient one.”

RIP, T. R. Fehrenbach, noted Texas historian.

If you have a D-Link router, you need to get an update for it.

Amazon delivery drones. I don’t know about that. Most likely, it’s just hype and PR.

“Professors from the College of Law brought Potter and Snape to trial Tuesday at noon in the Moot Courtroom as a mock trial demonstration for law students. The courtroom was decked out with Hogwarts crests representing Gryffindor, Ravenclaw, Hufflepuff and Slytherin. Prefects representing each of the four houses also contributed to the verdict.”

Rob Ford. How is it that his reality series only lasted one show?

Hobby Lobby’s “Christian principles” end at the water’s edge.

“Be sure not to use periods at the end of your texts, as the natives have been known to get restless when they see one.”

When we say that Republicans really don’t want people to have access to health care, this is the sort of thing we’re talking about.

Why you want your cellular provider to upgrade to the latest equipment.

The 1400 words you can’t predictively type on an Android device.

“When it goes well with the righteous, the city rejoices; and when the wicked perish, there is jubilation.”

What Dave Weigel says.

“I think it’s because being uninsured sucks.”

The unintentional comedy potential of this is sky high.

Katie Couric drops the ball on vaccines.

RIP, Nelson Mandela.

“But if you cut the national nutrition programmes 5%, you cancel out everything that the charitable system is doing.”

Tim Tebow is coming to your teevee one way or another.

The so-called “homosexual agenda” was created by right-wing agitprop group ALEC.

I have the remake of “The Sound of Music” on my TiVo, awaiting an opportunity to watch, if only to see if all the hate is accurate. Be that as it may, the reason I’ll always watch a rerun of the classic “Sound of Music” has nothing to do with learning lessons about WWII and everything to do with the fact that I love the music. Hell, I’d rather just watch a highlight reel of the movie that’s little more than each song.

The useful idiots of apartheid.

Posted in Blog stuff | Tagged linkdump | Comments Off

It’s still Gene Green’s world

Posted on December 8, 2013 by Charles Kuffner

I have three things to say about this story about Rep. Gene Green.

Rep. Gene Green

The affable, low-key former printer’s apprentice is a legend across his gritty, blue-collar domain along the 54-mile Houston Ship Channel, where he represents the most heavily Hispanic congressional district in the nation that has not elected a Hispanic to Congress.

By virtue of his seniority and Republican control of every statewide office, Green is effectively the highest ranking Democrat in Texas politics.

“Whatever I do in Congress doesn’t help people unless I’m also back in my district doing things for them,” Green said. “It’s one of the reasons people have developed a trust relationship with me.”

Green, who is not fluent in Spanish, has organized citizenship days to help legal residents apply for U.S. citizenship in a district that is 76 percent Hispanic. He helped conduct a forum in mid-November that enabled hundreds of Houston-area residents to learn about and register for Affordable Care Act coverage in a state with 6.3 million uninsured. And he has sponsored job fairs twice a year to help the unemployed find work.

“We do a lot of things that provide service to people in my district – and that brings visibility,” said Green, who was a member of the Texas Legislature for 20 years.

Green is well known for his constituent service, and I have no doubt that it is a big part of the reason why he has been so successful in office, both in terms of electoral performance and keeping potential primary challengers at bay. But it’s not just about doing well by your constituents, it’s also about getting along with your peers and would-be rivals. Green works well with others, and has mentored or otherwise directly assisted numerous current officeholders. One example of such is State Rep. Armando Walle, whom Rep. Green supported in his successful primary election against Craddick Dem Kevin Bailey. I tend to think of former Rep. Bailey, who was basically a do-nothing that got crosswise with many of his peers for his support of then-Speaker Tom Craddick and who represented a district as Latino as CD29 is, as something like the anti-Gene Green. It’s not really a mystery why some folks are more successful, and thus long-tenured, than others.

Texas has 12 Democratic House members, but “Green stands out as a pragmatist who is not afraid to break with the liberal Democratic House leadership when he disagrees with its position on an issue,” said Rice University political scientist Mark Jones.

Indeed, Green has voted with the House Democratic leadership only 81 percent of the time – well below the 92 percent loyalty of Rep. Sheila Jackson Lee, D-Houston, or the 91 percent loyalty of Rep. Al Green, D-Houston.

Green, a loyal oil-patch lawmaker, has backed the Keystone XL Pipeline as well as legislation that would delay implementation of key components of the Clean Air Act related to cross-state air pollution and pollution standards for power plants.

“At least once a week in the Energy and Commerce Committee, I forget that Gene is a Democrat,” said Rep. Pete Olson, R-Sugar Land, who shares many of Green’s pro-energy positions.

Green’s devotion to helping Houston is apparent to colleagues, too.

“Though Gene and I often disagree on policy, he’s always ready to work across the aisle to get things done when it comes to what’s best for the Houston region and Texas,” said Rep. Kevin Brady, R-The Woodlands, who has served with Green for 16 years. “I’ve found his word to be as good as gold.”

Bipartisanship is a means to an end, not an end unto itself. Whether it’s a good thing or a bad thing depends on the particulars. Be that as it may, are there any Republican members of Texas’ Congressional delegation that could be described in similar terms as Rep. Green was in those paragraphs? Hell, are there any Republican members of Congress from any state that could be described in those terms? I’m thinking the answer is No, but feel free to supply an example if you think one exists. Honestly, if there were any such Republicans, I’d expect they’d be getting primaried within an inch of their lives about now.

When the time comes for Green to step down, at least seven Hispanics are widely expected to eye the seat, led by Harris County Sheriff Adrian Garcia, a former Houston police officer and City Council member who has outpolled Barack Obama in Harris County.

Other potential contenders include state Sen. Sylvia Garcia, a former municipal court judge and Houston city controller; term-limited Houston City Council member James Rodriguez; Houston City Council member Ed Gonzalez, a former police officer; and three state representatives: Carol Alvarado, Jessica Farrar and Ana Hernandez.

I’m sure there’s a long line of hopefuls for CD29 when Rep. Green decides to hang up his spurs. This is the first time I can recall seeing Sheriff Garcia’s name associated with this seat, however. Most of the talk I hear about him and other offices he might someday seek center on the Mayor’s office in 2015. If he has his eyes on a statewide office down the line, I’m not sure what the best springboard for him would be. I think he’s in pretty good shape where he is right now, and staying put until he’s ready for something bigger means he’s not putting anything at risk in the meantime, but I’m not his political adviser and I don’t know what he has in mind for the future. As for the other possibilities, I’ll just reiterate what I’ve said before about generational issues. Generally speaking, all things being equal otherwise, I would prefer a candidate that has statewide ambitions in his or her future to one who doesn’t. Our bench isn’t going to build itself, after all.

Posted in Show Business for Ugly People | Tagged Adrian Garcia, Ana Hernandez, Armando Walle, Carol Alvarado, CD29, Congress, Ed Gonzalez, Gene Green, James Rodriguez, Jessica Farrar, Kevin Bailey, Sylvia Garcia, Texas | 9 Comments

HISD to take action on “Redskins” nickname

Posted on December 8, 2013 by Charles Kuffner

Good for them.

Houston school district officials, plunging into a national controversy, are considering a policy change that would ban mascot names that might play on racial, ethnic or cultural stereotypes.

Houston Independent School District Superintendent Terry Grier is expected to propose a new policy that would require changing the mascots of the Lamar High School Redskins, Hamilton Middle School Indians, Welch Middle School Warriors and Westbury High School Rebels.

Specifically, the proposal would prohibit the use of “any race or ethnic group” as a mascot, nickname or descriptor of any Houston school. Officials said the mascots of Lamar, Hamilton, Welch and Westbury would fall outside the policy.

The issue is scheduled for discussion Monday at a school board review meeting. The board could vote on the change at its regular meeting on Thursday. The new mascots would be in place for the 2014-15 school year, and initial discussions of the transition have begun.

[…]

“The time has come for the Houston Independent School District – the most vibrantly diverse school district in the nation – to acknowledge that some decisions made generations ago need to be reconsidered,” [Superintendent Terry] Grier wrote. “Traditions are important. But respect for cultural difference and sensitivities matters more.”

Anna Eastman, the school board president, said the board does not intend to dictate mascot names, but to set guidelines.

The new policy would bar names with inappropriate connotations, Eastman said, adding that it is up to school district administrators to determine which mascots need replacing. Local groups at the schools will then select new mascots where needed.

Eastman said she expects some public comment on the policy change.

“I wouldn’t be surprised. I know that people feel strongly about mascots and school colors,” she said. “I wish we would see the same level of passion to the fact that we have kids who can’t read.”

Good to hear, and I couldn’t agree more with Anna Eastman. Honestly, if anyone gets more than a little upset about this, they need to rethink their priorities.

As the story notes, earlier this week Sen. Rodney Ellis wrote an open letter to Grier asking for something to be done.

On Tuesday, State Senator Rodney Ellis tweeted out a letter he sent to HISD Superintendent, Dr. Terry Grier (view the tweet here). In the letter, Ellis requested the district start a process to change Lamar’s mascot (Redskins) and any other derogatory mascots in HISD.

“I recently met with local Native American leaders, all of whom expressed sincere concern about the use of Lamar’s inflammatory manscot name,” the letter reads.

In an October column by Randy Harvey (click here for the column), Lamar school officials acknowledged the nickname was wrong by disassociating the school from virtually everything about it except the nickname itself.

The actual mascot was eliminated. Any new teams, groups or awards are known simply as Lamar. Drill team members are called Rangerettes.

“I know that the leadership of HISD and Lamar High School do not intend to offend anyone with the mascot’s name, but, simply put, times change,” the letter reads.

As noted, you can see his letter, which is quite congenial, here. I of course agree with him, as does the Chron editorial board, and I applaud him for taking this step. I don’t know if this had a direct effect on the subsequent actions by Grier and the board or not, but either way it’s encouraging.

By the way, I saw this in the Chron’s Sports Update blog, which was their Rice Owls blog when I first subscribed to it. Somewhere along the line, the blog morphed into a catchall sports section news blog, and the feed was redirected. I personally think this story belongs in their Metro section, or at least in the Houston Politics blog, but at least it was somewhere. I’m glad for that little bit of serendipity that allowed me to see it, since I would not have subscribed to that feed on my own.

One last thing from yesterday’s story:

“I’m not sure a change is really necessary,” said Frank Staats, a 1975 Westbury graduate and vice president of the school’s alumni association.

Images of the school’s Rebel mascot have been changed to make any connection to the Civil War barely noticeable, Staats said.

[…]

At Lamar, which his daughter attends, Staats said he understands the name is a greater concern. However, “it doesn’t bother the kids, from what I know,” he said.

Staats said in 20 years of alumni participation, he’s never heard a complaint about the Westbury Rebel name from students or alumni.

I suspect that’s because most people don’t really think much about it. If that is the case, then hopefully people will be equally indifferent about the proposed changes.

Posted in Other sports | Tagged Anna Eastman, HISD, HISD Board of Trustees, Houston, Lamar High School, Rodney Ellis, Terry Grier | 7 Comments

Austin B-Cycle coming

Posted on December 8, 2013 by Charles Kuffner

Took ’em long enough.

Service will launch Dec. 21 with 110 bikes and 11 stations, including one sponsored by the Chronicle. The full project will be completed by March 1, 2014, with expanded stations planned to service the UT-Austin campus, Riverside Drive, Zilker Park, and East Austin.

These first locations were whittled down from the suggestions provided by Austinites over the summer. Voters were also able to choose the bicycle color, ultimately settling on red. The adjustable bikes will each be outfitted with front and rear lights, bells, and baskets. Day-to-day operation and maintenance will be handled by the Bike Share of Austin nonprofit.

Annual memberships for the service will be offered at $80, weekly passes at $25, and day passes at $8. Less frequent users can check out a bike for free for the first 30 minutes, but will be charged $4 for every half hour thereafter.

Huh. You get an hour for free in Houston. Not sure why the shorter time limit in Austin. Anyway, the Daily Texan adds some further detail.

“There are many top 10 lists we like being on, but being a top ranked city for traffic problems is a real concern,” city councilman Chris Riley said. “Traffic issues have a direct impact on the livability of our city, and it has become clear that to protect our quality of life, we need to provide more transportation options for our community.”

The program, which will include 400 bikes at 40 stations by March, does not currently offer a discount for University students, said Elliott McFadden, Austin B-Cycle executive director.

“We have not had any further discussion yet with the University of Texas about student pricing, so we won’t have anything on that for a while,” McFadden said.

Because the system’s stations are focused on the downtown area, Riley said he wants to increase its accessibility to students.

“I’d love to find ways to make the system more convenient for UT students,” Riley said. “We’ll be continuing to explore those possibilities, but in the meantime, for any UT student who wants to connect with the network, there will be stations not too far from [the University].”

[…]

The first 11 stations will be downtown along Congress as well as around the Convention Center and Whole Foods, McFadden said. The additional 29 stations are scheduled to be installed by March 1.

None of the initial 40 stations will be on campus, but there will be some stations on the Drag and possibly one near the Blanton Museum of Art, McFadden said.

This was announced in January. Integrating UT campus locations into their network should be a near-term goal. Unlike Houston, that campus is pretty close to downtown, so that should be doable. They may be able to install UT stations before Houston’s B-cycle gets stations at Rice or UH. Be that as it may, welcome aboard, Austin. Via Houston Tomorrow.

Posted in Planes, Trains, and Automobiles | Tagged Austin, B-Cycle, bicycles, downtown, Houston, UT | Comments Off

Saturday video break: Existential Blues

Posted on December 7, 2013 by Charles Kuffner

Just because, that’s why.

I’ve actually been to Butte, Montana. It was back in 1996, while in the Copper State for my brother’s wedding, which was held in Missoula. Much of the extended family was there for several days, and I think two days before the actual wedding, some of us piled into a couple of rented minivans to haul 100 or so miles east to Butte to see a baseball game, featuring the hometown Butte Copper Kings. It also gave my uncle Dan an excuse to “drive 90 on I-90”, but that’s neither here nor there. In any event, I regret that I did not take the occasion as we rolled into town to exclaim “Is this really Butte, Montana, or just existential blues?” Not that anyone in the car would have gotten it, but that’s not the point. Life only hands you so many made-to-order straight lines, and one must grab them when one can. Maybe next time.

Posted in Music | Tagged videos | 1 Comment

Susan Criss to file in HD23

Posted on December 7, 2013 by Charles Kuffner

Some excellent news from the inbox, via Carl Whitmarsh:

Susan Criss

For fifteen years I was honored to wear a black robe for the people of Galveston County. Four times I raised my hand and swore, so help me God, to faithfully execute the duties of the office of the 212th District Court of Galveston County, Texas and to the best of my ability protect, preserve and defend the Constitution and laws of the United States and of Texas.

While I dearly love this job it is time for me to serve my community in a different capacity. In order to do that I am required by law to resign from this position before December 9, 2013. I sent a letter to Governor Perry resigning from this bench effective at 5 pm December 6, 2013. I ask that he appoint someone to fill this term.

On Sunday December 8, 2013 at 2:00 p.m. I will file for the office of State Representative of District 23 at the Texas Democratic Party office in Austin.

For a decade and a half I administered justice to the best of my ability. I tried to be fair to everyone who appeared before my bench. When I was a young prosecutor Judge Raymond Magee told me that the man who drives to the courthouse in a pickup truck deserves the same justice as the man who drove there in a Cadillac. I never forgot his words and aspired to live up to them every day.

I was addressed as “Your Honor”. That was an appropriate term but not because I was special. It truly was my greatest honor to be able to serve the people of Galveston County in our justice system. I loved this job, the people I worked with, the lawyers who appeared before me and the people I served.

One sign on the door of my courtroom reads “This court belongs to the people.” The other has a quote by Sam Houston, “Do right and risk the consequences.” Both signs reflect my beliefs about justice and about government service.

The pink granite building in Austin also belongs to the people, the ones who drive Cadillacs, the ones who drive pickup trucks and the ones who cannot drive at all.

The people of District 23 deserve strong effective representation in the Texas House. I am excited about working hard to ensure that District 23’s voices are heard in Austin

She also posted that on her Facebook wall, along with that badass picture embedded above. I had wondered if anyone had filed in HD23, and I’m delighted to see a positive answer to that. Retaining this seat that’s being vacated by Rep. Craig Eiland will not be easy, but Judge Criss is as strong a candidate as one could want to make the effort. The Chron has picked up the story, and PDiddie was on it before that.

In other filing news, we have a couple more contested primaries in Harris County. An Azuwuike Okorafor, who may be this attorney, has filed to challenge Rep. Alma Allen in HD131. Allen easily turned back a campaign by Council Member Wanda Adams in 2012, so barring anything unexpected I don’t think this time will be any different. Also, a Lily Leal, who may be this person, filed to run for HCDE Trustee At Large Position 7, which is the seat formerly held by Jim Henley for which 2012 SBOE candidate Traci Jensen filed earlier in the period.

Democrats now also have a candidate for County Judge. Unfortunately, that candidate is Ahmad Hassan, the former Republican (he ran against Sheila Jackson Lee in 2006) who ran for County Judge in 2008 and 2010, losing in each primary to David Mincberg and Gordon Quan, respectively. He’s a perfectly nice person but has no real qualifications for this job or understanding of what it is – give a listen to the interview I did with him in 2010 to see what I mean. I don’t think there’s much appetite among Dems to run against incumbent County Judge Ed Emmett, and I can’t blame them – Emmett is generally well-liked, very well-funded, and was easily the top Republican votegetter both times he was on the ballot. I think 2014 is more likely to be a good year in Harris County than not, and while I expect Ed Emmett to run ahead of the GOP pack, it’s certainly possible he could lose. If he lost to a Mincberg or a Quan that would be one thing. Losing to Hassan would not be a good thing, and would invite comparisons to Jim Foster. This is one primary race that I would very much prefer to be a contested race.

Elsewhere, Trail Blazers confirms that LaRouchie wacko Kesha Rogers has indeed filed to run for the Senate. I will reiterate what I said yesterday that it’s everyone’s job to make sure she doesn’t make it to a runoff, let alone wins the nomination. Ignorance cannot be an excuse, y’all. BOR reports that the Democrats “will indeed be fielding several statewide judicial candidates, who are in the process of gathering the signatures required to run”. I have heard that El Paso District Court Judge Bill Moody was running again, and I had heard there were at least some other Supreme Court candidates out there, but that’s all I know. No clue whether we’ll have any CCA candidates. Finally, Tom Pauken has ended his quest for the GOP gubernatorial nomination on the very reasonable grounds that he had no chance of winning. I can’t claim to have been a fan, but it was better to have more critics of Greg Abbott out there, so to that extent I’m sorry to see him go. Texpatriate has more.

Posted in Election 2014 | Tagged Ahmad Hassan, Alma Allen, Azuwuike Okorafor, Craig Eiland, David Mincberg, Democratic primary, Ed Emmett, Election 2014, Galveston, Gordon Quan, Governor, Harris County, Harris County Judge, HCDE, HD131, HD23, Kesha Rogers, Lily Leal, Senate, Supreme Court, Susan Criss, Texas, The Lege, Tom Pauken, Traci Jensen | 2 Comments

Ashby trial update

Posted on December 7, 2013 by Charles Kuffner

We’re more than two weeks into the Ashby highrise lawsuit trial, and the defense is now presenting its case. Let’s check in on them, shall we?

Sue me!

One of the developers hoping to build a high-rise near Rice University made a personal appeal as the defense portion of a lengthy civil trial got underway Wednesday in state District Court.

“I grew up in this neighborhood. I have a great fondness for it,” Kevin Kirton, CEO of Houston-based Buckhead Investment Partners, told jurors who will be asked to rule on the project’s fate.

He recalled his youth in the area, riding his bike and playing basketball there, and he vigorously defended the 21-story residential project at 1717 Bissonnet, widely referred to as the Ashby high-rise and the object of a very public conflict for the past six years.

“I think this project is good for the neighborhood,” Kirton said. “I think this project is good for Houston. … We have a lot of people coming to town that need a place to live.”

[…]

Kirton pointed on a map to several non-residential projects, existing and planned, in the area around the Ashby site.

They include a synagogue, a catering business, a law office, a beauty parlor and a six-story medical clinic. He noted a planned six-story multifamily development and other new residential projects nearby.

He also noted that the 1.5 acres planned for the site had previously contained a grocery store, a retail strip center and most recently an apartment complex.

“It provides a living option that doesn’t currently exist there,” Kirton said. “We have taken care to design the project to blend with the neighborhood.”

How the proposed highrise fits or doesn’t fit into the neighborhood is of course the dispute. I don’t think it does, but I also don’t think the plaintiffs have any hope of winning. They did survive a motion to dismiss, though, so what do I know?

Texas Monthly on transgender marriage in Texas

Posted on December 7, 2013 by Charles Kuffner

It’s way more complicated than it needs to be.

Nikki Araguz and William Loyd

Here’s a stumper: Is it legal for a transgender person—say, someone whose original birth certificate says “male,” but who identifies as a woman—to get married to a man who identifies as a man?

The law in Texas is unclear in ways that have been a nightmare for Nikki Araguz, a transgender Houston woman whose husband, Thomas Araguz, died in 2010 while serving as a volunteer firefighter in Wharton County. Araguz has been fighting in court since her husband’s death for survivor’s benefits, and [recently], her case was heard by the 13th Court of Appeals.

Why is the law unclear?

In 2005, Proposition 2 passed in Texas. That constitutional amendment said that “marriage in this state shall consist only of the union of one man and one woman.” Some folks, including 329th District Judge Randy Clapp (using precedent established by the 1999 Texas Court of Appeals decision in Littleton v. Prange, look at Nikki Araguz and see a man; thus, the marriage for which she seeks benefits as her husband’s widow was a same-sex marriage that is not recognized in Texas.

This is complicated, though, by legislation authored by State Rep. Lois Kolkhorst (R-Brenham). That legislation, which passed in 2009, allowed that a court order establishing a change in sex was an acceptable document when presenting identification to obtain a marriage license. If proof of gender reassignment surgery is sufficient to grant one a marriage license, then it stands to reason that the marriage of Nikki and Thomas Araguz is legal in Texas.

[…]

The hearing on that appeal happened last week, but the ruling has no timetable yet. And in the meantime, confusion continues to reign. In 2010, Sabrina Hill, a woman who was born intersex (that is, with both male and female genitalia) and declared male on her birth certificate though she identifies as female, applied for a marriage license to marry her girlfriend. A judge’s order, following gender-reassignment surgery, recognized Hill as a woman, but when applying for the license, Therese Bur, the El Paso clerk couldn’t determine whether to use Hill’s birth certificate and issue a license as a heterosexual marriage, or to use the court order and deny it as a same-sex marriage. The clerk turned to Attorney General Greg Abbott for direction, and Abbott declined to weigh in. (Hill and Bur instead went to San Antonio,where they were granted a license.)

It’s probably for the best that they did—if they’d waited for a final decision on Nikki Araguz’s case to settle things (she’s on her second appeal, having lost once in 2012), the now 63-year-old Hill would have no end in sight, regarding how long she’d be waiting.

The article in question is from a few weeks back; I had it in my queue but never got around to publishing my post. I’ve written about this subject before. As the story notes, Rep. Kolkhorst has made two attempts to amend her 2009 bill in a way that would essentially forbid transgendered folks from getting married. To me, it’s very simple: If two adults love each other and one or the other is not engaging in fraudulent behavior, they should be allowed to get married. That would clear up this confusion once and for all. Until that enlightened day arrives, I fully support any couple that wants to take advantage of the situation as it now stands. Congratulations, Nikki and William. May the courts and the Legislature not rain on your happiness.

Posted in Society and cultcha | Tagged divorce, gay marriage, Greg Abbott, lawsuit, Lois Kolkhorst, Nikki Araguz, Texas, The Lege, transgender rights | 1 Comment

Friday random ten: Five, six, seven, eight…

Posted on December 6, 2013 by Charles Kuffner

So tomorrow the Rice Owls will play the Marshall Thundering Herd at Historic Rice Stadium in the Conference USA championship game (noon EST, 11 AM CST, ESPN2, check local listings), and I’ll be there in the stands with the Rice MOB, freezing my embouchure off. In any event, to honor the occasion and to hopefully avoid angering the weauxf gods, here are ten songs from my collection for which the MOB has an arrangement. Odds are you’ll hear a couple of these if you tune in or attend in person.

1. I Can’t Turn You Loose – Was (Not Was)
2. Vehicle – Ides of March
3. Love Shack – The B-52’s
4. Hit The Road, Jack – Ray Charles
5. Pipeline – The Ventures
6. Everybody’s Everything – Santana
7. YMCA – The Village People
8. Money For Nothing – Dire Straits
9. You Can Call Me Al – Paul Simon
10. We Are Never Ever Getting Back Together – Taylor Swift

That latter one was my contribution to the script for the U of H show, since our parting of conference ways may mean it’s a long time before we face off on the gridiron again. Our director Chuck Throckmorton arranged it as a medley with Neil Sedaka’s “Breaking Up Is Hard To Do”. Believe it or not, I don’t actually have a copy of The Kingsmen’s version of “Louie, Louie”, which is the MOB’s calling card. If you’ve ever seen the movie “The Naked Gun: From The Files of Police Squad”, in that scene with the USC Marching Band at Dodger Stadium, it’s the MOB version of “Louie, Louie” that you’re hearing. We play it after every touchdown, so I hope we’re all sick of hearing it by the end of the game. Go Rice!

Posted in Music | Tagged football, Friday random ten, movies, Rice University, The MOB, theme lists | 1 Comment

Runoff voting is underway

Posted on December 6, 2013 by Charles Kuffner

So early voting is underway for the City of Houston and HCC runoffs. Day One totals are here, and Campos ponders their locations. I’ll take a crack at projecting turnout once the EV totals are in, but if you don’t want to wait that long, here’s a quick and dirty shortcut. In three of the last four runoffs that didn’t involve a Mayoral race – the 2005, 2007 AL3 special, and 2007 runoffs – turnout was between 25,000 and 40,000 votes. In the 2011 runoff, which was boosted by the Jolanda Jones/Jack Christie race, turnout was about 57,000. I don’t think any race in this year’s runoff will be as high interest as that one, so my seat of the pants guess is “between 25,000 and 40,000”. I reserve the right to revise that once I see the EV numbers.

Here’s the Chron story on the runoffs, in case you missed it. They also reiterated their endorsements if you care about that sort of thing, as did the Houston Association of Realtors.

If you want more information, I collected all my first round interviews here, and you saw my Q&A with Roy Morales yesterday. I’m still hoping to receive Michael Kubosh’s responses. Other recommendations come from Rey Guerra, PDiddie, Stace, John Coby, and Texpatriate.

Posted in Election 2013 | Tagged At Large #2, At Large #3, District A, District D, District I, Election 2013, endorsements, HCC, Houston, Houston City Council, Michael Kubosh, Roy Morales, runoff, turnout | 1 Comment

Maxey Scherr kicks off her campaign

Posted on December 6, 2013 by Charles Kuffner

From the inbox:

Maxey Scherr, an El Paso attorney, officially kicked-off her campaign for United States Senate today with a web video and event over a hundred supporters in El Paso. Scherr is vying to be the first person from El Paso to serve in the U.S. Senate.

Watch the web video, “Get Texas Off Cruz Control,” here.

In addition, Maxey’s campaign launched an accompanying website: TexasOnCruzControl.com

“Ted Cruz is the epitome of everything that’s wrong with Washington – and John Cornyn is along for the ride,” Scherr said. “I’m running for the U.S. Senate because their agenda leaves too many people behind. You deserve a senator who listens and is respectful, and who is focused on solving problems. Senator Cornyn is stuck on ‘Cruz Control’ on every issue that matters and I’m running for Senate because I won’t be.”

In addition, Maxey Scherr was endorsed by former Congressman Silvestre Reyes, State Senator Jose Rodriguez, and State Representative Joe Moody:

“Maxey was one of the brightest and most talented people who worked on my staff,” said former Congressman Silvestre Reyes. “Maxey has a deeply personal understanding of different backgrounds that compose Texas. Her energy and focus are exactly what we need in Washington to deal with issues like immigration reform and increasing the minimum wage. I’m proud to support her.”

State Senator Jose Rodriguez said, “Maxey Scherr is dynamic, smart and committed to Texas. She’s a great candidate for U.S. Senate who will work for access to health care, improved education, and immigration reform. Unfortunately Texas leadership only works for the interest of large corporate donors today. We need to change that, and focus on policies that help small business, workers and families – and Maxey will be that type of Senator.”

State Representative Joe Moody said, ““I’ve known Maxey Scherr for years and am proud to endorse her for U.S. Senate because of her character. She will focus on solving problems. Whether it’s cutting wasteful government spending or supporting an increase to the minimum wage – Maxey will be a passionate advocate for Texas families.”

Here’s an embed of that video:

It’s a good video, well produced with a catchy hook and some appealing ideas. I agree with PDiddie that attacking Cornyn via Cruz is a worthwhile idea, one that isn’t necessarily limited to Democratic candidates for Senate. The video also can – and should – be cut into shorter versions for sharing or making more specific points. It also accomplished the job of earning some media, which is no small feat at this time of the cycle and with so many Republicans running around saying crazy things.

One other point to note is the three endorsements Scherr received. Sure, they’re from hometown politicians, but I’d bet money she’s the only candidate in the increasingly crowded Senate primary that gets any endorsements from such prominent Democrats. In a race between candidates that don’t have a statewide profile, having any kind of base of support will help. That’s a bigger deal now, because via Juanita I see that perennial LaRouchite nutball Kesha Rogers has filed for the Senate as well. Rogers was a bad enough joke as a two-time nominee for CD22. At least there, she was in a deep red Congressional race that no one paid any attention to. If she somehow manages to get nominated for the Senate, that would be a catastrophe. In my earlier post about Lloyd Oliver rearing his head again, I said that “no good Democrat wants him on the ballot”. That goes a billion times for Kesha Rogers. Someone asked me in the comments what I meant by “a good Democrat”. Well, for starters, a good Democrat wants to nominate good candidates, and does not want to vote for someone that would be actively toxic to other Democrats on the ballot and who would be an even bigger disaster if they somehow managed to get elected. This isn’t a particularly high bar to clear here. And as with Lloyd Oliver and Kim Ogg, that means Democratic elected officials and other candidates can’t afford to stay on the sidelines. No one has to endorse Maxey Scherr, or any other specific candidate, but for goodness’ sake please do your part to make sure people know that there’s a bad choice on the ballot that they need to avoid. No excuses, no pleading ignorance, no avoiding the responsibility. Start now and avoid the rush. And be sure to keep an eye out for Maxey Scherr as she makes her way around the state with the Cruzmobile.

Posted in Election 2014 | Tagged Democratic primary, Election 2014, endorsements, Joe Moody, John Cornyn, Jose Rodriguez, Kesha Rogers, Maxey Scherr, Senate, Silvestre Reyes, Ted Cruz, Texas, videos | 3 Comments

Council hears the Mayor’s payday lending ordinance

Posted on December 6, 2013 by Charles Kuffner

Reaction was mixed, though it appears likely there is enough support to pass.

The proposed ordinance would limit payday loans to 20 percent of a borrower’s gross monthly income and auto title loans to 3 percent of the borrower’s gross annual income or 70 percent of the car’s value, whichever is less. Single-payment payday loans could be refinanced no more than three times, while multiple-installment loans could include no more than four payments. The principal owed would need to drop by at least 25 percent with each installment or refinancing.

Skeptics on council said the proposal could drive payday lenders outside city limits, hurting borrowers’ access to credit. Councilwoman Melissa Noriega also cautioned against viewing all such lending as nefarious, saying she knows a woman who takes out a title loan each year to buy school supplies.

“It’s very important that we not make life more difficult for poor families while we assume that we’re helping them,” she said. “I’m not saying we’re doing that; I just think that’s one of the key concerns here.”

Noriega’s concerns about what would replace payday lenders were echoed by Councilman Ed Gonzalez, who said he worried about constituents visiting a loan shark at the local cantina, and Councilman Jerry Davis, who said he did not want residents turning to “Good Times” character Lenny, a neighborhood hustler, for credit.

“I don’t know that Lenny the loan shark is much worse than the worst of the payday lenders,” Parker replied.

City Attorney David Feldman added that, while many payday lenders fled Dallas when it adopted its restrictions, the same has not been true in San Antonio.

One thing I want to point out: If you go back and review the Mayor’s proposal, you will note that nowhere in there does it put a limit on the interest rate that these lenders can charge. That means they will still be free to impose a 612% APR on their loans, while claiming they’re just charging 20% and doing their best to obfuscate what it all means. Seriously, go read this account by Forrest Wilder of taking out a “payday loan” that turned out to be a new mutation on the form that was aimed at slipping through the city of Austin’s regulations. That’s what we’re dealing with here. I understand Council’s concerns, but for the most part I don’t share them. I don’t see what’s being proposed here as needless or particularly burdensome. The item will be on Council’s agenda for December 11, which means it will likely be voted on the following week after getting tagged. Texpatriate and Stace have more.

Posted in Local politics | Tagged Annise Parker, David Feldman, Ed Gonzalez, Houston, Houston City Council, Jerry Davis, Melissa Noriega, payday lenders | 3 Comments

Rest of Larry Marshall lawsuit dismissed

Posted on December 6, 2013 by Charles Kuffner

That’s that.

The three-year legal drama involving HISD trustee Larry Marshall has ended after a federal judge again ruled against a construction contractor alleging it was harmed by a bribery scheme.

U.S. District Judge Keith Ellison agreed last week to dismiss two companies being sued along with Marshall. The decision essentially closes the case, barring an appeal.

An attorney for the Gil Ramirez Group, which filed the civil lawsuit, said his client is weighing the next move.

Meanwhile, leaders of the Houston Independent School District are considering seeking reimbursement for the roughly $1.5 million HISD spent on legal fees.

Ellison’s latest order dismissed the remaining claims against two former HISD contractors, Fort Bend Mechanical and RHJ-JOC. The judge found that, even if the companies tried to bribe Marshall, the Gil Ramirez Group did not prove it was harmed by them. The companies denied the bribery allegations.

“At most,” Ellison wrote, “the evidence … shows that, if the defendants did pay bribes, they intended to advance their own economic position and that any effects on (the Gil Ramirez Group’s) contracts were incidental.”

[…]

RHJ argued in court records that the company had nothing to do with HISD choosing not to rehire the Gil Ramirez Group in 2010 to do repairs and minor construction work as a so-called job-order contractor. The Gil Ramirez Group ranked toward the bottom in HISD’s bid process, records show.

RHJ and Fort Bend Mechanical, which won the 2010 bids, no longer have their job-order contracts with HISD. They expired earlier this year, according to the district.

In addition, HISD ousted RHJ from its larger construction projects this year after claiming the company failed to finish the work in time, according to copies of the settlement agreements between the district and RHJ’s insurance company.

See here for some background. There is still a possible FBI investigation into Marshall, though of course they would not and did not comment on that. Marshall is about to depart from the board of trustees, and none of these firms are doing any work for HISD. It’s fine by me if that remains the case for a good long time.

Posted in School days | Tagged Election 2013, ethics, HISD, HISD Board of Trustees, Houston, Larry Marshall, lawsuit | Comments Off

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