Here’s the latest edition of the Eric Dick Chronicles

Trouble sure does seem to find him.

Eric Dick

A U.S. District judge accused Houston attorney Eric Dick of falsifying the signature of a dead appraiser and threatened potential disbarment and charges of perjury and wire fraud.

Dick, a trustee on the board for the Harris County Department of Education, said it’s simply a case of mistaken identity.

The appraiser who signed an affidavit in April 2024, certifying that, based on a May 31, 2023, appraisal, Allstate owed Matthew and Monica Dawkins $73,771 for water damage incurred in January 2023, is named Richard Gadrow.

But there are two Richard Gadrows.

One, Richard A. Gadrow, is the deceased father of Richard Brandon Gadrow, who said, when reached by phone Monday, that he took over his father’s business, Quantum Claims and Consulting, after Gadrow Sr.’s death from cancer in June 2023.

Richard Brandon Gadrow, who goes by “Brandon” to his friends and family, said he tends to sign documents using his legal name “Richard Gadrow” and only specifies his middle name if it is required. He said he signs many affidavits for his work as an appraiser, and that he has been doing it for almost a decade, even helping out when his dad was alive.

“This is just patently untrue … I signed the affidavit. That’s really all there is to it,” Gadrow said.

Dick echoed his comments and claimed it was an effort by Allstate and its attorneys to defame him publicly.

“I think the judge got duped,” Dick said. “As far as like, deceit or lying, it’s not even close …They know who he is. They’ve interacted with him at least, like more than 50 occasions.”

[…]

Last week, Hanen ordered Dick to explain why he was allegedly using the name of a dead man on an affidavit for an appraisal estimate. He wrote on Tuesday that the action raised “major concerns.”

“Clearly, filing an affidavit purportedly signed by a dead man violates both the tenor and text of Rule 11,” Hanen wrote. “This is especially true since this does not seem to be the first time something similar has happened.”

Hanen was referring to a previous case of Dick’s where he was sanctioned by a judge for using an expert opinion from Gadrow senior that Gadrow said, in a January 2023 deposition, that he did not write.

Dick told the Claims Journal in 2023 that Gadrow was battling late-stage cancer and delusional during the trial which is why he said he did not write the appraisal.

Dick said Monday that the sanctions he received of over $250,000 are tied up in appeals and that he expects them to be dropped. He also accused the judge of singling him out because he refused to donate to her campaign for re-election.

Hanen ordered last week that if Dick could not provide an explanation behind what appeared to be falsifying a dead man’s signature, he could be referred to the Texas Bar Association for disbarment and charged with perjury and wire fraud.

See here and here for the previous edition of the Eric Dick Chronicles. As it happens, a reader and attorney who knows of my unhealthy interest in Eric Dick sent me a copy of Judge Hanen’s show cause order, which you can see here. It’s short and straightforward and sounds really bad. That said, Dick’s explanation sounds plausible, so perhaps he will escape unharmed. This is one of those rare times when I wish I could spend a day in a federal courthouse, to see how this turns out. Tune in next time for another edition of the Eric Dick Chronicles, which will surely come our way sooner or later.

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Texas blog roundup for the week of February 24

The Texas Progressive Alliance wants to see Elon Musk in handcuffs as it brings you this week’s roundup.

Continue reading

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The Texas abortion ban has led to a sharp increase in sepsis

The hits just keep on coming.

Pregnancy became far more dangerous in Texas after the state banned abortion in 2021, ProPublica found in a first-of-its-kind data analysis.

The rate of sepsis shot up more than 50% for women hospitalized when they lost their pregnancies in the second trimester, ProPublica found.

The surge in this life-threatening condition, caused by infection, was most pronounced for patients whose fetus may still have had a heartbeat when they arrived at the hospital.

ProPublica previously reported on two such cases in which miscarrying women in Texas died of sepsis after doctors delayed evacuating their uteruses. Doing so would have been considered an abortion.

The new reporting shows that, after the state banned abortion, dozens more pregnant and postpartum women died in Texas hospitals than had in pre-pandemic years, which ProPublica used as a baseline to avoid COVID-19-related distortions. As the maternal mortality rate dropped nationally, ProPublica found, it rose substantially in Texas.

ProPublica’s analysis is the most detailed look yet at a rise in life-threatening complications for women losing a pregnancy after Texas banned abortion. It raises concerns that the same pattern may be occurring in more than a dozen other states with similar bans.

[…]

Health experts, specially equipped to study maternal deaths, sit on federal agencies and state-appointed review panels. But, as ProPublica previously reported, none of these bodies have systematically assessed the consequences of abortion bans.

So ProPublica set out to do so, first by investigating preventable deaths, and now by using data to take a broader view, looking at what happened in Texas hospitals after the state banned abortion, in particular as women faced miscarriages.

“It is kind of mindblowing that even before the bans researchers barely looked into complications of pregnancy loss in hospitals,” said perinatal epidemiologist Alison Gemmill, an expert on miscarriage at Johns Hopkins Bloomberg School of Public Health.

In consultation with Gemmill and more than a dozen other maternal health researchers and obstetricians, ProPublica built a framework for analyzing Texas hospital discharge data from 2017 to 2023, the most recent full year available. This billing data, kept by hospitals and collected by the state, catalogues what happens in every hospitalization. It is anonymized but remarkable in its granularity, including details such as gestational age, complications and procedures.

To study infections during pregnancy loss, ProPublica identified all hospitalizations that included miscarriages, terminations and births from the beginning of the second trimester up to 22 weeks’ gestation, before fetal viability. Since first-trimester miscarriage is often managed in an outpatient setting, ProPublica did not include those cases in this analysis.

When looking at stays for second-trimester pregnancy loss, ProPublica found a relatively steady rate of sepsis before Texas made abortion a crime. In late 2021, the state made it a civil offense to end a pregnancy after a fetus developed cardiac activity, and in the summer of 2022, the state made it a felony to terminate any pregnancy, with few exceptions.

In 2021, 67 patients who lost a pregnancy in the second trimester were diagnosed with sepsis — as in the previous years, they accounted for about 3% of the hospitalizations.

In 2022, that number jumped to 90.

The following year, it climbed to 99.

ProPublica’s analysis was conservative and likely missed some cases. It doesn’t capture what happened to miscarrying patients who were turned away from emergency rooms or those like Barnica who were made to wait, then discharged home before they returned with sepsis.

Our analysis showed that patients who were admitted while their fetus was still believed to have a heartbeat were far more likely to develop sepsis.

It’s a long story, so go read the whole thing. As noted, ProPublica has previously written about the ban-related deaths of Josseli Barnica and Nevaeh Crain, and on the increase in infant mortality that also occurred after the ban. And while the article notes some recent Republican lip service about maybe clarifying the ban so as to make things less risky for women in need of emergency abortions, Greg Abbott has since pooh-poohed the idea, so don’t expect much. Like I said, read the whole thing. Link via the Current, and Mother Jones has more.

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On HPD and immigration enforcement

Worth keeping an eye on.

Houston Police Department officials pledged to “push for efficiency and effectiveness” in 2025 and further clarified their stance on immigration enforcement as part of a Tuesday presentation to the city’s Public Safety Committee.

At the Tuesday morning meeting in council chambers, Assistant Chief Megan Howard of HPD promised the opening of a new central station by the end of the year, the implementation of a new records management system by early April, and transferring property room operations to the Houston Forensic Science Center, among other measures as part of her presentation on HPD’s goals for 2025.

Meanwhile, Howard also assured HPD would take a backseat on immigration enforcement.

“We are a local law enforcement agency, and our focus is on state law, local ordinance, and our local criminal enforcement duties,” she told the committee. “Our policy is that we do not step into operations that are focused on immigration enforcement.”

The statement followed questions from Council Member Abbie Kamin, who said constituents had been reaching out to her with questions about immigration enforcement. In response, Howard said their focus would stay on violent crime, and insisted that HPD wants Houstonians to feel safe approaching police.

“We have to work cooperatively with our entire community,” said Howard. “It’s important that anyone who needs help is comfortable and willing to come to us and ask for help, and we will take their reports, and we will make sure that we do our best to get justice for victims of crime. “

This is consistent with prior statements from Mayor Whitmire, who said that HPD had not assisted any federal immigration enforcement efforts a couple of weeks ago. I believe them, I believe that HPD and the Mayor don’t consider that to be a part of HPD’s mission, and I also believe that they’re going to come under a lot of pressure to change that stance. Especially now that federal immigration enforcement resources are at full capacity and are going to need the help, if indeed they try to do more. All that said, given the Colony Ridge experience, the feds and DPS may just cut HPD and the Sheriff out of anything they plan to do. We just don’t really know right now what to expect.

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FEC clears Cruz in podcast complaint

Oh, well.

I hear Cancun is nice

U.S. Sen. Ted Cruz did not run afoul of campaign finance laws when the company that syndicates his podcast contributed nearly $1 million through a series of payments to a super PAC supporting Cruz’s reelection bid, the Federal Election Commission ruled.

In a 5-1 decision, the agency dismissed a complaint filed by campaign finance watchdog groups, who alleged that Cruz could have violated campaign funding rules if he played any role in iHeartMedia’s contributions to the pro-Cruz Truth and Courage PAC. Under federal law, candidates can only direct or solicit up to $5,000 in donations to super PACs, which can otherwise raise unlimited sums to support candidates.

iHeartMedia, a radio distribution and marketing giant, picked up Cruz’s podcast, “Verdict with Ted Cruz,” in 2022. The company gave $961,435 to Truth and Courage PAC through a series of seven donations between March 2023 and August 2024.

[…]

A spokesperson for an iHeartMedia subsidiary has said the payments to Truth and Courage PAC were associated with the revenue it received from selling ads on Cruz’s podcast, for which Cruz himself is not paid. The watchdog groups, End Citizens United and the Campaign Legal Center, argued in a complaint that the “most reasonable and logical inference to be drawn from these circumstances” is that Cruz “requested or directed” iHeartMedia to donate to the super PAC “either directly or through his agents.”

In its Jan. 14 ruling, the FEC said that there was “no available information to indicate that Cruz solicited, directed, received, transferred, or spent the funds iHeart paid to the PAC.”

“Instead, it appears that the PAC and iHeart formed a business relationship regarding the Podcast in which iHeart would pay the PAC for the rights to air the Podcast,” the FEC’s decision reads. “Cruz’s role was limited to hosting the Podcast and he does not appear to have been involved with the decision for iHeart to pay the PAC, meaning that he did not direct or solicit any funds.”

The FEC noted that Cruz and the PAC, in a joint response denying the complaint’s allegations, acknowledged that Cruz attended a meeting with iHeart representatives to discuss its acquisition of “Verdict,” while Cruz’s campaign consultant, Jeff Roe, “attended additional discussions.” Still, the agency concluded, “the available information does not indicate that Cruz or Roe suggested how the Podcast’s profits were to be allocated.”

See here for the background. There were two other complaints filed over the same payments, but they were with the Senate Ethics Committee and are thus not part of this case. I don’t expect anything to happen there, but as far as I know they still exist. This is a situation where it would probably make sense for the rules to be clarified, but I don’t expect anything to happen there, either.

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Texas Lottery Commission bans online ticket firms

Tossing a bucket of water onto a raging inferno.

The Texas Lottery Commission on Monday announced that it is banning so-called courier services, companies that skirt the state’s legal prohibition on online ticket sales by taking orders for lottery tickets via a phone app and then purchasing the tickets at state-licensed retailers.

The move comes as lottery officials have come under increasing scrutiny and pressure from lawmakers over the agency’s hands-off treatment of the companies, which in recent years have become bigger and bigger drivers of ticket sales.

The agency’s role in an April 2023 Lotto Texas drawing, in which several courier companies arranged for a single buyer to purchase virtually every one of the 25.8 million possible number combination to assure winning the $95 million jackpot, has been the subject of an ongoing Houston Chronicle investigation.

The Chronicle has reported that the operation, planned by a Malta man and financed by a London betting company, was aided by the lottery commission, which helped four companies acquire dozens of state vending terminals to meet a 72-hour deadline and then looked the other way as several of the outlets appeared to violate its rules.

After months of claiming that the big buy was legal and fair to other lottery players, Executive Director Ryan Mindell conceded two weeks ago that it “definitely hurt the integrity and the perception of the game.” The Lottery Commission also said it had changed its rules to discourage a similar operation.

On Friday, lottery Commissioner Clark Smith, who was appointed by Gov. Greg Abbott in 2023, said he was resigning effective immediately, an agency spokesman confirmed. Smith has not responded to requests for comment.

Today’s announcement was the latest capitulation to the building pressure. The ban on courier sales is “effective immediately and aligns with legislative efforts to address serious concerns raised by players and state leadership regarding the integrity, security, honesty and fairness of lottery operations,” Mindell wrote in a release accompanying the announcement.

[…]

Winners Corner is owned by Jackpocket, which was acquired last year for $750 million by the Massachusetts-based DraftKings. In 2023, the last year for which the Texas Lottery Commission has published figures, the store sold about $350,000-worth of tickets every day of the year. Other leading courier services are owned by large, typically out-of-state corporations.

Most have affiliated state-licensed retail locations whose primary job is processing orders the app companies take over the phone. Texas lottery rules require the retailers to be open to the public and conduct some business other than selling tickets, so the courier-related storefronts must present at least the semblance of other retail activity to comply.

By 2023, the state’s busiest licensed retailers were all affiliated with online courier services. At the same time the Texas Lottery Commission continued insisting that couriers operated outside its authority, and so did nothing to regulate them.

Late last year a critical audit of the agency concluded its leaders had allowed the companies to proliferate in Texas without any meaningful consideration of how they should fit into the state’s $8.4 billion lottery business.

A  follow-up examination found that, despite the agency’s claims it had nothing to do with couriers, behind the scenes its director appeared to have actively assisted them. Gary Grief, who retired suddenly early last year, declined to participate in the audit.

Since January, when the Legislature convened for its biennial session, lottery officials have come under withering questioning, with state lawmakers blasting them for allowing the companies to become so integral to the lottery without any oversight.

Sen. Bob Hall, an Edgewood Republican whose 2023 bill prohibiting couriers easily passed the Senate but died in the House, has filed a similar measure this year. Plano Republican Rep. Matt Shaheen has filed a bill that would abolish the state lottery altogether.

In an effort to salvage their business, a coalition of courier companies are backing a bill filed Friday by Rep. John Bucy III, an Austin Democrat, that would regulate their operations.

Lottery commission officials, meanwhile, have scrambled to try to keep pace with lawmakers’ criticisms. After years of not seeking a legal opinion from the attorney general over whether the courier business model is allowed by Texas law, Mindell last week finally submitted a request.

See here, here, here, and here for some background. In recent days there have been numerous embarrassing headlines related to the original story of how online ticket firms helped a shadowy business coalition buy a ticket for literally every possible combination and thus guarantee themselves a $95 million jackpot (and a bunch of smaller jackpots to go with it). The Chron has done some excellent reporting, which has led to increasing political pressure on the TLC, culminating in this remarkable turnaround of policy.

I don’t have anything to add to this, I wasn’t able to keep up with all of the twists and turns but this was an obvious inflection point, so here we are. I got not one but two press releases in my inbox from the Coalition of Texas Lottery Couriers, one that bemoaned the ban and one that touted the Bucy bill to regulate them instead. I was also sent a copy of a document sent to state leaders in January claiming that the Lottery Commission was involved in money laundering – the first two news stories linked after the excerpt from today’s story is about those claims – which you can see here. The Trib has more.

UPDATE: Greg Abbott orders Texas Rangers investigation into controversial Texas Lottery jackpots. Clearly, things are going great.

UPDATE: Here are three documents forwarded to me on behalf of an attorney suing brokers Rook and Lottery.com as well as now-resigned TLC official Gary Grief:

Lawsuit
Senate testimony
Texas Scorecard story on the lawsuit

This could get real messy.

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Some kind of immigration action happening at Colony Ridge

Could be a big deal, or could just be Monday. Hard to say for sure.

A state and federal law enforcement operation targeting “criminals and illegal immigrants” in Colony Ridge took place Monday morning, according to a social media post by Gov. Greg Abbott.

The Texas Department of Public Safety is assisting U.S. Department of Homeland Security agents with the operation Abbott said he had been planning for months alongside Trump Administration “border czar” Tom Homan. The 33,000 acre majority-Latino residential development in Liberty County was at the forefront of anti-immigration rhetoric from Abbott and other state officials for much of the 2024 election season.

“Colony Ridge is being targeted today,” Abbott wrote in a post on X, formerly known as Twitter. “Texas DPS Troopers & Special Agents are assisting Homeland Security Investigations, with an operation in Colony Ridge this morning.”

Houston Landing reporters at the development on Monday observed several traffic stops by state troopers and at least a dozen DPS and unmarked law enforcement vehicles patrolling the area. No officials identifying themselves as federal immigration enforcement agents were spotted.

Sgt. Eric Burse, a public information officer with DPS, downplayed Monday’s operation, saying it was par for the course for the agency’s operations for the last two years in Colony Ridge, which began after local law enforcement raised concerns that the rate of the development’s population growth was outstripping its resources.

The agency can not and will not conduct immigration raids, Burse added.

“We’ve been here for two years. It’s nothing new for what we’re doing,” Burse said. “All of a sudden you get a tweet, and it just blows up.”

Burse directed further questions to the U.S. Department of Homeland Security, which has not responded to a request for comment.

Abbott wrote in a later tweet that the operation began “hours” before his first post announcing it shortly after 10 a.m.

Liberty County leaders were unaware of the operation prior to Abbott’s tweet, County Judge Jay Knight said Monday. Knight added that he was unaware of any local law enforcement assisting with immigration raids.

“Would’ve been nice if the government let us know,” Knight said. “I wasn’t informed about anything. It’s news to me.”

Captain David Meyers, public information officer with the Liberty County Sheriff’s Office, confirmed Monday that the agency was not participating in the operation. He said “higher ups” with the agency were given a courtesy call in recent days to inform them of the plans.

See here for my previous post and here for all previous Colony Ridge blogging. There are real issues with how the place was developed and marketed, which are playing out in federal court, but the disconnect between the frothing lunatics in Austin and the local government in very Republican Liberty County is kind of breathtaking. The casual disrespect of not giving Liberty County leaders a courtesy heads-up is the sort of stunt I’d expect Abbott to pull on a Democratic county.

The Chron adds on.

A Department of Public Safety sergeant, however, said the agency was working the same operation that it has been for two years, focused on traffic violations and backing up local law enforcement. He said troopers in the area were not corralling people who might be in the country without authorization.

“We’re running a task force out here, just like we’ve been doing for two years now,” said Sgt. Erik Burse, of the Texas Department of Public Safety. “I guess the governor put out a tweet or something. It’s the same thing we’ve been doing.”

Cesar Espinosa, executive director of FIEL — Familias, Inmigrantes y Estudiantes en la Lucha (families, immigrants and students in the fight) — said in the hour and a half that they have been in the Colony Ridge community, there has been a noticeable increase in police activity.

“Just as we got here, we saw well over a dozen traffic stops,” Espinosa said of the area in front of Cottonwood Elementary. “If you have the experience we do, you know that 12 stops in about an hour is not normal.”

Espinosa said he was also pulled over.

“A DPS officer followed us for about 10 minutes, then they lit us up,” Espinosa said. “We obviously pulled over. He said the reason for pulling us over is that we didn’t have a front license plate. We did in fact have a front license plate. I feel like it was literally driving while brown.”

Deputies are stopping cars for traffic violations and keeping an eye on criminal activity, Burse said. If they encounter anything immigration-related, they turn that over to federal authorities.

He said he couldn’t give specific numbers on how many deputies were part of the task force, but said that you could count the number on both hands. State troopers could be seen in the neighborhood around noon.

Espinosa said the and other FIEL members were in the area to make sure residents knew their rights.

“They need to know that is ICE comes to the door, they should not open it unless they have specifically say who they are asking for,” Espinosa said. “Unfortunately, what’s going to happen in the next several days, you are going to start seeing these neighborhoods turning into ghost towns.”

Note the slightly different version of the DPS spokesguy’s quote, though the basic meaning is the same. Taken at his word, this is nothing out of the ordinary despite what the armchair warriors would like you to believe. That said, this still has real effects on real people, all in the service of a fever dream. The Trib has more.

UPDATE: From the Houston Landing:

At least 118 people were arrested during an immigration operation in Monday in Colony Ridge, according to a social media post by U.S. Immigrations and Customs Enforcement.

Representatives for ICE, the Department of Homeland Security and the Texas Department of Public Safety, which all participated in Monday’s enforcement operation about 40 miles northeast of Houston, did not respond to repeated requests for additional information about the arrests.

[…]

Liberty County Sheriff Office’s chief deputy, Billy Knox, told Houston Landing that only two individuals were booked in that county’s jail on Monday. One was brought in on immigration-related charges by DPS and the other, a murder suspect, was arrested in the development and is being held in lieu of $5 million bail.

“It’s just ironic that he was arrested when (DPS and ICE) were doing the operation in there yesterday,” Knox said.

In addition, federal agents arrested Florentin Chevez-Luna in Colony Ridge on a previous arrest warrant for sexually abusing a minor. The agency released a statement Monday saying the 39-year-old previously had been deported.

The chief deputy said the county jail only holds 285 inmates and as of Monday there were only 15 beds available.

“We would not have been able to hold ‘em,” he said.

Representatives for immigration nonprofit Familias Immigrantes y Estudiantes en la Lucha (FIEL) said the organization was contacted by at least six families looking for loved ones arrested on Monday.

Five of the families told FIEL their family members were arrested during traffic stops by police, but when they looked for them at the county jail, they were not booked there.

“It’s terrifying for the family to arrive home and know that your family members, your loved ones, were arrested,” Alain Cisneros, FIEL’s campaign coordinator, said in Spanish. “Not being able to find them, and having to ask and beg authorities to tell you where your family is.”

So who the hell knows what actually happened. I’ll bet it wasn’t a bunch of actual criminals. The Trib and the Chron have more.

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And this is how measles spreads

Hopefully this won’t turn into something much bigger.

Health officials in Hays County have issued a public health alert after a possible measles exposure in the area.

Officials said a person who tested positive for the contagious virus visited San Marcos on Friday, Feb. 14.

According to the Hays County Health Department, the Gaines County resident who tested positive for measles was in San Marcos from 3 p.m. to 8 p.m. that day.

Officials warn that anyone who was at Texas State University from approximately 3 p.m. to 7 p.m. and at Twin Peaks Restaurant from 6 p.m. to 10 p.m. — or up to two hours after those times — may have been exposed and could be at risk of developing measles.

The Hays County Health Department is requesting that individuals who may have been exposed notify their local health authority. The Hays County Health Department, the Texas Department of State Health Services and other local health agencies are working together to investigate potential contacts.

The individual from Gaines County also traveled to multiple areas in San Antonio on Saturday, Feb. 15. They include the University of Texas at San Antonio main campus between 10 a.m. and 2 p.m, the River Walk attractions — Wax Museum, Ripley’s Believe It or Not, and Ripley’s Illusion Lab — between 2:30 p.m. and 5:30 p.m., and Mr. Crabby’s Seafood and Bar in Live Oak between 6 p.m. and 8 p.m.

The person also visited a New Braunfels Buc-ees on Feb. 16 between 9 a.m. and noon.

[…]

People who were at Texas State University and at Twin Peaks Restaurant during the times of possible exposure are advised to do the following:

  • Review their immunization and medical records to determine if they are protected against measles infection. People who have not had measles infection or received measles immunization previously may not be protected from the measles virus and should talk with a health care provider about receiving measles, mumps and rubella (MMR) immunization.
  • Contact and notify their health care provider as soon as possible about a potential exposure if they are pregnant, have an infant, or have a weakened immune system regardless of vaccination history
  • Monitor themselves for illness with fever and/or an unexplained rash from four days to 21 days after their exposure (the time period when symptoms may develop)
  • If symptoms develop, stay at home and avoid school, work and any large gatherings. Call a health care provider immediately. Do not enter a health care facility before calling and making them aware of your measles exposure and symptoms. The health department can assist health care providers in appropriately diagnosing and managing your care.

See here for the previous update. This may have started in a small, insulated community in a remote and lightly populated West Texas county, but all it takes is one person to break containment, especially with a disease as contagious as measles. And while the large majority of those who have caught measles were unvaccinated, not all of them were and not all of the future victims will be. MMR vaccines are 97%+ effective if you get both shots – they’re about 94% effective with just one shot – but that still leaves room for some unlucky vaccine recipients to get it as well. This is going to go until it burns itself out – the very idea that we might take some kind of official steps to slow the spread is beyond unthinkable these days – so check your vaccination records and take action now while you still can if you need to. Because once you’re sick, it’s too late for the vaccine. Reform Austin, the San Antonion Report, and the Current have more.

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January 2025 campaign finance reports: State officeholders

PREVIOUSLY:

Harris County offices
City of Houston
Senate and Congress

I wasn’t going to do a state office roundup – there are no Democratic state officeholders, the races of interest won’t have candidates for several months, etc – but I decided that to be consistent with my message about our elected officials needing to want to win at least as much as we do, I should check in on what the ones from this area have in the bank. So let’s take a look.

Carol Alvarado – SD06
Borris Miles – SD13
Molly Cook – SD15

Ron Reynolds – HD27
Suleman Lalani – HD76
Alma Allen – HD131
Ann Johnson – HD134
Jon Rosenthal – HD135
Gene Wu – HD137
Charlene Ward Johnson – HD139
Armando Walle – HD140
Senfronia Thompson – HD141
Harold Dutton – HD142
Ana Hernandez – HD143
Mary Ann Perez – HD144
Christina Morales – HD145
Lauren Ashley Simmons – HD146
Jolanda Jones – HD147
Penny Shaw – HD148
Hubert Vo – HD149


Dist  Name             Raised      Spent    Loans    On Hand
============================================================
SD06  Alvarado        198,580     61,686        0  1,564,381
SD13  Miles           100,383    105,774  492,756     22,107
SD15  Cook             94,178     48,221        0    155,853

HD27  Reynolds         29,390     24,459   40,910     34,574
HD76  Lalani           48,975    115,458        0    151,235
HD131 Allen            13,290     10,876        0     67,125
HD134 Johnson         220,340     32,237        0    527,021
HD135 Rosenthal        66,885     42,823        0     66,763
HD137 Wu              138,467    116,773   10,000    123,609
HD139 Johnson          50,760     22,687   15,000     26,059
HD140 Walle           146,872     93,909        0    267,898
HD141 Thompson        251,831     90,222        0  1,032,927
HD142 Dutton           48,800     16,959        0    148,761
HD143 Hernandez       157,510     33,586        0    448,309
HD144 Perez            77,679     33,040        0    211,703
HD145 Morales          45,639     41,259    5,000     61,067
HD146 Simmons          68,314     65,277        0     86,488
HD147 Jones            46,654     22,110        0    118,195
HD148 Shaw             17,974     13,787        0          0
HD149 Vo               22,600     23,935        0    100,998

New Senator Molly Cook had to win or place in five elections last year, so for her to come out of all that with $155K on hand is pretty good. I expect her to be a force, and I look forward to seeing what she can do in an election year with having the office of State Senator behind her. Sen. Borris Miles has been more of a self-funder than fundraiser, so while his cash on hand total is kind of shocking, it’s not really surprising. There are also persistent rumors about his possible retirement due to health concerns, which would also be consistent with his financial showing. I’ll get to Sen. Alvarado in a minute.

It’s not a surprise that a longtime icon like Rep. Senfronia Thompson would be a good fundraiser and have a decent amount in the bank. It’s also not out of order to wonder what that money is for. I can’t recall even a minor league challenge to her since I’ve been paying close attention to electoral politics. To be blunt, she doesn’t need that much money, and she really should be using some of it to help the greater Democratic cause. And at the risk of being even more indelicate, she just turned 86 years old. I hope she has a plan for what to do with this money in the near-to-medium term future.

The Over 80 caucus also includes Reps. Alma Allen and, as of this month, Harold Dutton. I have tremendous respect for the work that Reps. Allen and Thompson have done – let’s just say Rep. Dutton has some good things and some very not good things on his ledger and leave it at that – but Father Time comes for us all. Rep. Allen has had mostly token challengers in the past few cycles, while Rep. Dutton has had some more serious and less serious challengers. It would be nice to have one of the more serious challengers for him in 2026, but that means recruitment should be going on now, and that person needs to do a lot of ground work. Money will only get you so far in HD142.

We’ve talked plenty about the 2024 election numbers in HD144 and what that means for Rep. Mary Ann Perez, who was unopposed last November and was not a visible presence in the overall campaign. She has a few bucks in the bank, and she’s going to need a lot more because she’s going to be a top Republican target if they’re not complete idiots. I will note that her colleagues, Reps. Ana Hernandez and Armando Walle, are both also good fundraisers who had little to do and thus did little in last year’s election. They also saw some slippage in the Democratic performance of their districts, enough that if I were an opportunistic Republican strategist I’d be busily recruiting in their neighborhoods as well, not so much with the idea of winning those races but of raising the tide for their ticket overall as they try to win some countywide races. I would VERY VERY MUCH like to see those three, plus Sen. Alvarado, whose district overlaps them all, be a lot more active on the ground, on the air, on the Internet, and wherever else they think they can contribute next year. They’re good legislators, they vote right and represent their districts well. I like them all. I’m just asking to see more of them going forward. We need all the help we can get.

Rep. Penny Morales Shaw also needs to be looking ahead to 2026, though she starts out as someone who has been more visible on the trail. Her report had a blank for the “cash on hand” field, so I don’t know what she actually has. I have faith she will rise to the challenge.

Overall we have a pretty good Democratic legislative caucus in Harris and Fort Bend Counties. There’s a lot of talent and some exciting newcomers – keep an eye on Reps. Lauren Simmons and Sulemon Lalani – and we have the potential to add to their numbers, and maybe eventually expand to Brazoria County and who knows from there. Getting good recruits in HDs 26 and 138 at a bare minimum is vital. If you have a Democratic State Rep and/or State Senator, now is a good time to be calling their office and telling them what you want to see from them. Not just over the next couple of months, where the best we can hope for is to make some terrible bills slightly less bad, but going forward from there. Say it with me now, we need to win more elections. These folks need to be at the forefront of that.

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Roberson files another appeal

I wish him luck.

Texas death row inmate Robert Roberson filed a new appeal with the state’s highest criminal court on Wednesday in his first attempt to overturn his death sentence since an unprecedented intervention by a state legislative committee delayed his execution in October.

Roberson was convicted of capital murder in 2003 for the death of his 2-year-old daughter Nikki, who was diagnosed with shaken baby syndrome. He has maintained his innocence during his 22 years on death row, arguing that new scientific evidence discredits prosecutors’ shaken baby theory and shows that she died of natural and accidental causes.

The appeal, which was first reported by the Austin American-Statesman, includes new expert opinions finding that the shaken baby diagnosis was unsound and that Nikki’s autopsy that ruled her death a homicide was flawed. Those conclusions echo medical and forensic opinions presented in Roberson’s previous appeals.

“This Subsequent Application is supported by additional new evidence establishing that Roberson’s conviction was based on discredited and unreliable forensic science and that he is actually innocent,” Roberson’s attorneys wrote. “There was no homicide, only the tragic death of his very ill little girl.”

Wednesday’s filing also cited the court’s decision in October to overturn the conviction of another man in a shaken baby case out of Dallas County, which recognized that the scientific consensus around shaken baby diagnoses had changed over the last two decades. Roberson’s attorneys called that case “materially indistinguishable” from Roberson’s.

The appeal also argued that Texas lawmakers had made clear over the last several months that they did not believe the courts were properly applying the state’s junk science law, which Roberson has repeatedly tried to use to prove his innocence. That law provides for new trials when the science at the crux of a case has changed.

Roberson’s attorneys argued in the appeal that “no rational juror would find Roberson guilty of capital murder,” and that “unreliable and outdated scientific and medical evidence was material to his conviction.”

The arguments raised in Wednesday’s appeal align with the case Roberson’s attorneys have presented in his appeals since 2016.

See here for the last update. Maybe I shouldn’t be surprised, but it really does amaze me how little the biggest proponents of the death penalty care about the correctness of death penalty verdicts. The thought of an innocent person possibly being executed just doesn’t bother them, as long as they can say that they got a “fair trial” and that all of the (arbitrarily restricted) avenues of appeal have been exhausted. They’re consistent about that whether it’s a case where the actual bad guy has seemingly gotten away with it or it’s a case like this one or that of Cameron Willingham where the evidence shows that no actual crime occurred. The science has advanced greatly since 2016, which is why the Lege had previously intervened in this case. We’ll see if the courts can get it right this time around.

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How’s that response to bird flu going?

Keep your expectations low, that’s my advice.

Image credit: RubberBall Productions via Getty Images

Newly confirmed U.S. Agriculture Sec. Brooke Rollins is facing an early test as she leads the effort to tamp down on the country’s bird flu outbreak, which has decimated dairy and poultry farmers across the country.

So far it has mostly spared Texas, but farmers in the state are on edge, keeping a close eye out for alerts of outbreaks at nearby farms and taking extraordinary steps to protect their animals, from locking down farms to requiring shoe and clothing changes for anyone going in. The crisis has also driven egg prices to record levels nationwide.

“Most of the time, these diseases will die out over time,” said J.C. Essler, executive vice president of the Texas Poultry Federation in Round Rock. “We haven’t been able to completely eradicate this one.”

At her confirmation hearing last month, Rollins, a native Texan and former president of the America First Policy Institute, said she was “hyper focused” on assembling a team to address the outbreak.

Less than a week after being confirmed, however, her plan to curtail the spread of avian flu remains unclear. The USDA was scrambling this week to rehire employees who had been working on the bird flu response and were fired under the Trump administration’s mass layoff of federal employees, according to media reports.

The agency also approved a conditional license for an bird flu vaccine for chickens, driving speculation that it could soon begin ordering farmers to start vaccinating their chickens. The USDA has not commented on its immediate plans, and it did not respond to a request for comment.

Farmers have so far resisted such a move. Vaccinated chickens would test positive test for bird flu, which could make it impossible to sell poultry products abroad as other countries try to control the spread of infections.

See here for more on the vaccine, which seems to me to be the best strategy though it will have obvious logistical challenges. As far as the export concerns go, it’s hard to say how much that market could be affected, but keep this in mind.

Leaders of the Congressional Chicken Caucus said in a letter to Rollins last week that while the egg industry has lost the most birds, the broiler industry could bear a disproportionate share of the costs of any policy change. According to USDA figures 77.5% of the nearly 159 million commercial birds lost to avian influenza since February 2022 have been layers, or over 123 million. That compares to 13.7 million broilers, or 8.6%, and 18.7 million turkeys, or 11.8%.

Yes, the Congressional Chicken Caucus. The jokes, they write themselves. I guess the question is whether the vaccine priority would be the egg-laying birds, as I’d expect there aren’t many egg exports, and not the food birds. That’s a problem for career pundit and political hack Brooke Rollins and that Crack Staff of Experts she’s sure to hire quickly, as long as Elon Musk hasn’t already fired them. Good luck with all that.

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Weekend link dump for February 23

“The vice president has been very publicly pontificating — condescendingly lecturing others about the proper understanding of Catholic doctrine. Vance has been aggressively telling anyone who would listen that they just don’t understand that church teaching the way that he does, and now he has been very publicly corrected by the actual Pope literally pontificating to him to STFU and spend some time reading the Bible because Vance has made it very clear he doesn’t have the slightest idea what it says.”

“Sneaking Kendrick Lamar’s lyrics into the weather”.

“Exurbia will eventually diversify, but for now, it offers the promise of escape—escape from racial minorities, escape from secular values, and escape from the mechanisms of democracy that allowed for the entrance of racial minorities and secular values into the cultural mainstream.”

“But new research from Duke University shows how we could do four Stargate Projects without building a single new power plant. The study, published Tuesday morning, found that scaling back power usage by just 0.5% per year could free up supply on the grid for nearly 100 gigawatts of additional power demand.”

“The company behind more than a dozen dating apps, Match Group, has known for years about the abusive users on its platforms, but chooses to leave millions of people in the dark.”

“In the New Jersey parking lot where high school students invented Ultimate Frisbee nearly 60 years ago, some of the original players are still throwing the disc every week.”

“The Trump administration‘s Department of Defense, currently run by former Fox News host Pete Hegseth, has taken a stand against freckles.”

“About 400 recently hired support staff employees at the Federal Aviation Administration were fired over the weekend as part of the Trump administration’s mass terminations of federal workers, according to the union representing the employees. The dismissals come less than three weeks after a midair collision between an American Airlines regional jet and a U.S. Army Black Hawk helicopter outside Washington killed 67 people and brought new scrutiny to air traffic controllers and their workloads.”

“As a writer speaking to a room full of writers, I have a proposal. It certainly won’t fix everything, but maybe it’s a start. I say we write more good guys. For decades, we’ve made the villains too sexy. I really think that when we create characters as indelible as Michael Corleone, Hannibal Lecter, Darth Vader or Tony Soprano, viewers everywhere, all over the world, they pay attention and say, ‘Those dudes are bad ass, I want to be that cool’. When that happens, that’s when bad guys stop being the cautionary tales that they were intended to be. They [instead] become aspirational. So maybe what the world needs now are some good old fashioned, greatest generation types who give more than they take.”

Each one was made with AI and the crimes described did not happen. There was no language on the channel’s homepage or in video descriptions to tell a viewer otherwise.”

Where Are the Lawsuits Over the Chainsawing of NIH and NCI?” It’s complicated, actually.

“Will Donald Trump Make Money Laundering Great Again?”

“Carding — the underground business of stealing, selling and swiping stolen payment card data — has long been the dominion of Russia-based hackers. Happily, the broad deployment of more secure chip-based payment cards in the United States has weakened the carding market. But a flurry of innovation from cybercrime groups in China is breathing new life into the carding industry, by turning phished card data into mobile wallets that can be used online and at main street stores.”

Former SNL cast member Gary Kroeger shares his experiences at the SNL50 extravaganza.

“Is This Why Musk Keeps Using the Same Dozen Tech Micro-Bros for Each Takeover?”

RIP, Paquite la del Barrio, iconic Mexican singer/songwriter.

“Trump’s executive order does nothing to expand access to IVF. But if he’s actually serious about delivering on his campaign promise, he can prove it by calling on Republicans to back my Right to IVF Act. Otherwise, it’s all just lip service from a known liar.”

“Compared to all the other reversals of action of the Trump administration—trying to rescind or freeze spending, for example—this particular action is surprisingly unjustified. Impoundment theory, at least there’s a theory. Birthright citizenship, there’s a book I can read about that. Here there’s no argument. It’s a complete fabrication devoid of any support in the statutes.”

RIP, Hurricane, former Secret Service dog who guarded the Obama White House and repelled an intruder, suffering injuries in the process.

“In news that will send shock waves through the industry, longtime James Bond producers Michael G. Wilson and Barbara Broccoli are relinquishing control of the beloved spy franchise and handing the reins to Amazon MGM Studios.” Fair to say that Bond fans are not impressed with the transaction.

“This is not a smoking gun. Despite the nation’s roughly 20 million only-alive-on-paper elders, the Social Security Administration sends benefits to around 44,000 people who are over 100, which is in keeping with the number of super-oldsters who actually live in the nation, according to the census. In fact, a 2015 report found 6.5 million active Social Security numbers for people over the age of 112, but only 13 of them were being used to receive benefits—turns out there are much better ways of defrauding social security than collecting a dead ancestor’s monthly check for $22.54—the payment a 150-year-old would receive.”

“In a move that dramatically shakes up the sports TV landscape, ESPN and Major League Baseball have decided to part ways after the upcoming MLB season, ending a 35-year relationship between the sports TV giant and league, and bringing some prime sports rights to the market.”

“The second ex-Mrs. Trump is getting in on the anti-vaxx grift“.

“2025 might be the first time in human history where we have a genuine supervillain walking among us. Humanity has spawned numerous monsters of course: Hitler, Stalin, Pol Pot. But I’m talking the supervillain on the Gotham/Metropolis model. The glad-handing fantastically rich, this-dial-goes-to-11 over the top weirdo with his raucous bevy of cheerleaders who is in fact evil and has a cartoonishly stupid but yet very real plan to take over the world.”

“A push by Republican attorneys general in 17 states to strike down part of a federal law that protects disabled people from discrimination has prompted an outcry from advocates, parents and some local officials.”

“How Elon Musk benefits from being Elon Musk”.

Wishing Gregg Popovich all the best.

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“No easy fixes” for HISD to pass a bond

Good luck with that.

Houston ISD should allow more time for family and community engagement when it holds a school bond election, according to a recent report from a Houston public relations firm on the district’s failed $4.4 billion proposed bond.

HISD hired Outreach Strategists to support the development of the school bond, including “providing strategic direction, marketing support, and comprehensive implementation services” before the Nov. 5 election. It paid at least $730,000 to the firm for bond research and strategy, according to district records.

Despite the marketing efforts, the bond measure failed after a successful campaign by critics of the district’s leaders, who encouraged voters to reject the measure due to the state takeover and a lack of community trust in state-appointed Superintendent Mike Miles and the Board of Managers.

In its closing written report, Outreach Strategists shared several key recommendations with the district and the school board largely addressing community engagement or infrastructure, as well as lessons learned after about 58% of voters rejected both bond propositions.

“The electoral margins for the two bond proposals indicate there are no easy fixes to passing a bond in the future,” the report said. “The community research did show a path to passage, but it would have required robust advocacy, which the district cannot legally perform.”

After sharing the report with the board and district leadership, HISD provided the 16-page report to the Chronicle in response to an open records request.

“HISD is not currently in the planning process for another bond proposal,” a district spokesperson said. “If the district does move forward with a bond in the future we will, of course, consider these recommendations and other input we have received.”

You can see a copy of the report here. I had thought at one time that the district might try again this year, maybe even in May, with a smaller bond, but as the story makes clear, that’s not on the table. I guess this at least gives them the time to try to address some of the points made in the report. I don’t think there’s much there that wasn’t apparent before the bond went down in flames, but maybe Mike Miles just needed to hear it from someone he doesn’t consider beneath him.

On that note, Outreach Strategists is owned by Mustafa Tameez, who I’ve known for a long time and consider a friend. I can tell you he was passionately in favor of the bond referendum, and is a firm believer that Miles has done great and necessary work in improving the performance of a lot of students that the district had failed for a long time. You can feel however you want to feel about that, I’m just illustrating that this report is a message to Mike Miles from the friendliest possible messenger. If he doesn’t take it to heart, that’s on him.

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Lawsuit filed over elimination of ICE’s sensitive locations policy

I wish them luck.

Twenty-seven churches and organizations — some with ties to Texas’ Jewish and Christian faith communities — are suing the Trump administration over the elimination of ICE’s sensitive locations policy.

The lawsuit was filed on Tuesday, Feb. 11, in U.S. District Court in Washington D.C. against the Department of Homeland Security for President Donald Trump’s abrupt reversal of the policy on Jan. 20, which the plaintiffs argue has caused fear within their communities and violates their rights under the Religious Freedom Restoration Act.

The original protections against Border Patrol targeting places such as churches and schools has its roots in one of El Paso’s oldest high schools — Bowie High School. In the 1990s, Border Patrol agents in El Paso targeted teachers and students at the school. A federal court settlement required agents to have probable cause for stopping suspected immigrants.

In the latest legal actions, churches and organizations — include the Quakers, Mennonites, Christian and Jewish traditions — also point out the text of the Torah and the Bible that call on the faithful to be welcoming to strangers or immigrants, being the “central precept of their faith practices.”

“This felt like a direct attack on what it means to be a person of faith, what it means to be a faith community,” Rabbi Rick Jacobs, the president of the New York-based Union for Reformed Judaism, said. “We were encouraged that there were a few dozen of other denominations and associations that also have the same feeling of being morally summoned to speak up and join this lawsuit.”

U.S. District Judge Dabney Friedrich of the District of Columbia will oversee the case. There is currently no date set for the first hearing.

The sensitive locations policy protected spaces — houses of worship schools, hospitals and other places that provide social services — from immigration enforcement operations. It’s been upheld in every administration for the past 30 years.

“Although the legal action applies primarily to our churches, the truth is that we are concerned for the population in general,” Rev. Carlos Malavé, the founder of the Amarillo, Texas-based Latino Christian National Network, said. “Our churches are right there on the front line helping our community, sustaining our community, not only spiritually but in physical ways. Not upholding this policy is creating havoc in our community.”

I would say that’s one of the points of the policy. Using religious freedom and the RFRA is a good strategy, especially given the nature of the courts at this point, but it’s no guarantee. SCOTUS is very capable of fitting its reasoning to suit its preferred outcome. We’ll just have to see how this one goes.

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TEA takes over South San Antonio ISD

Of interest.

Following a state-mandated conservatorship and years of squabbling board members, the Texas Education Agency decided Wednesday to overhaul South San Antonio Independent School District’s entire board of trustees.

The state also appointed Saul Hinojosa, a retired superintendent for Somerset ISD, as South San’s new superintendent.

Texas Education Commissioner Mike Morath appointed Hinojosa and a completely new seven-member board of managers, citing nearly two decades of elected trustee and administrative dysfunction, in which he said resulted in “diminished student academic outcomes, poor financial controls, public distrust and multiple TEA investigations.”

South San ISD’s board has been under TEA investigation four times, twice in 2021 and twice in 2023.

The decision to take over South San ISD comes after the TEA found the district was in violation of five different state education codes and demonstrated the district “failed to oversee the management of the district when it engaged in actions or inaction that could negatively impact district personnel and the students of SSAISD.”

Mentioned in the investigation’s final report was the board’s inability to keep a superintendent for a full term since 2011, repeated failures to meet quorum during board meetings and the district’s $12 million budget deficit.

According to the report, the TEA’s Special Investigations Unit will recommend to the Commissioner of Education that a sanction be issued up to and including the installation of a Board of Managers that replaces the existing board of trustees due to the current board’s demonstrated inability to ensure adherence to state law requirements relating to governance.

Abelrado “Abe” Saavedra was appointed as the district’s conservator in 2023 by the TEA. Saavedra was tasked with guiding the board and reporting back to the TEA.

Though the outgoing board of trustees seemed to be on an upward trajectory in September after Saavedra told the Report that “things had calmed down,” Saavedra had sent a letter to Morath last year urging him to install a board of managers.

In the letter, Saavedra said the solution would “facilitate a clean break from the governance failures that have persisted in South San Antonio ISD and facilitate an opportunity for the district to be governed by community members who can implement best practices and provide wise oversight and strong governance.”

According to Steve Lecholop, deputy commissioner of governance at the TEA, the state takeover of South San ISD is only the 10th district overhaul to occur since 2000.

SSAISD had 7,872 students in 18 schools as of the 2022-23 school year, so it’s much smaller than HISD. I can’t say I know much about it but I do know that I’ve seen headlines about its various issues over the years, so this doesn’t seem like a shock to me. I noted this in part because any TEA takeover is of interest for obvious reasons, the appearance of former HISD Superintendent Abe Saavedra, and that stat at the end about ten takeovers since 2000. I’d love to see a comprehensive report on how those other eight districts have done before and after the experience. Whatever happens from here, I wish everyone in SSAISD good luck and a good outcome.

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Paxton whistleblowers ask for $6.7 million in damages

I wish them luck.

Still a crook any way you look

Senior officials who were fired after reporting Attorney General Ken Paxton to law enforcement for alleged criminal conduct in 2020 asked a Travis County judge Thursday to award them $6.7 million in damages.

Paxton’s office has until 5 p.m. Friday to submit concerns about the plaintiff’s proposed judgment.

District Court Judge Catherine Mauzy said she will enter her judgment early next week.

Four fired officials from the attorney general’s office — policy director James “Blake” Brickman, head of law enforcement David Maxwell, head of criminal justice Mark Penley and deputy attorney general for legal counsel Ryan Vassar — sued the agency in November 2020.

They alleged their terminations violated the Texas Whistleblower Act, which prohibits retaliation against public employees who report a violation of law in good faith. The employees were among eight top aides at the agency who reported Paxton’s conduct to the FBI and other law enforcement.

[…]

Brickman, Penley and Vassar testified Thursday in district court, detailing their allegations of Paxton’s alleged wrongdoing and the financial and emotional toll this drawn-out legal battle has taken on them and their families.

Brickman called it a four-year nightmare, Penley described the past four years as excruciating, and Vassar said it’s been frustrating.

Maxwell had surgery this week and was unable to attend, but his attorney, T.J. Turner, read aloud his client’s sworn written testimony.

“The emotional toil, reputational damage and pain and suffering that my family and I have endured because of the actions of [Attorney] General Paxton and the office of the attorney general is hard to talk about,” Turner read from Maxwell’s statement.

The former officials lamented that Paxton has been able to criticize them through press statements and public interviews with conservative media hosts without having to testify under oath.

[…]

Bill Helfand, a private lawyer representing the attorney general’s office, repeatedly questioned whether the attorneys were seeking more compensation than the law allows, suggesting some were billing for work outside the scope of this case.

The whistleblowers’ lawyers “did not testify to reasonableness and a necessity,” said Helfand, who appeared over Zoom. “Most of them testified to reasonableness of their fees but not necessity in the prosecution of this lawsuit.”

Helfand also sought two extra days to review the plaintiff’s proposed judgment and to reach an agreement with the whistleblowers’ attorneys, who are seeking double the $3.3 million Paxton’s office agreed to pay in a 2023 settlement the Legislature declined to fund.

The whistleblowers’ lawyers rejected the possibility of agreeing to terms with the agency.

“There’s not going to be — I feel confident in saying — an agreed-upon judgment,” attorney Tom Nesbitt said. “We didn’t come here seeking a settlement agreement with the OAG. We came here to have a trial because the OAG said it would not contest any issue of damages or liability.”

Mauzy gave Helfand one day to review the document and praised the testimony of the whistleblowers and their attorneys.

See here and here for a bit of background. This case has gone on for years – it was the catalyst for the impeachment of Paxton in 2023 and the FBI investigation of Paxton that is almost assuredly very, very dead. A judgement here is about the last order of business, to be followed by an appeal and likely another fight in the Lege over paying for the damages. That’s for another day. The one thing I’ll add here is that I hope these four men, like the now-former Republican legislators that Greg Abbott targeted with millions of dollars and lies because they opposed vouchers, do the right thing and actively oppose Ken Paxton for whatever office he seeks in 2026. The alternative is to just accept everything he’s done to them, now and in the future. Seems like a straightforward choice to me.

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Measles outbreak approaches 100 cases

Up and up it goes.

Some private schools have shut down because of a rapidly escalating measles outbreak in West Texas. Local health departments are overstretched, pausing other important work as they race to limit the spread of this highly contagious virus.

Since the outbreak emerged three weeks ago, the Texas health department has confirmed 90 cases with at least 16 hospitalizations, as of Feb. 21. Most of those infected are under age 18. Officials suspect that nine additional measles cases reported in New Mexico, across the border from the epicenter of the Texas outbreak in Gaines, are linked to the Texas outbreak. Ongoing investigations seek to confirm that connection.

Health officials worry they’re missing cases. Undetected infections bode poorly for communities because doctors and health officials can’t contain transmission if they can’t identify who is infected.

“This is the tip of the iceberg,” said Rekha Lakshmanan, chief strategy officer for The Immunization Partnership in Houston, a nonprofit that advocates for vaccine access. “I think this is going to get a lot worse before it gets better.”

An unknown number of parents may not be taking sick children to clinics where they could be tested, said Katherine Wells, the public health director in Lubbock, Texas. “If your kids are responding to fever reducers and you’re keeping hydrated, some people may keep them at home,” she said.

Most unvaccinated people will contract measles if they’re exposed to the airborne virus, which can linger for up to two hours indoors. Those infected can spread the disease before they have symptoms. Around 1 in 5 people with measles end up hospitalized, 1 in 10 children develop ear infections that can lead to permanent hearing loss, and about 1 in 1,000 children die from respiratory and neurological conditions.

Gaines has a large Mennonite population, which often shuns vaccinations. “We respect everyone’s right to vaccinate or not get vaccinated,” said Albert Pilkington, CEO of the Seminole Hospital District, in the heart of the county, in an interview with Texas Standard. “That’s just what it means to be an American, right?”

Local health officials have been trying to persuade the parents of unvaccinated children to protect their kids by bringing them to pop-up clinics offering measles vaccines.

“Some people who were on the fence, who thought measles wasn’t something their kids would see, are recalculating and coming forward for vaccination,” Wells said.

See here for the previous update. I recognize that under current law, people are able to opt out of getting their children vaccinated. I think such laws are generally harmful and misguided, I think this is a terrible thing to do to your kids, and I cannot say I respect any part of it.

The Associated Press adds some details.

The West Texas cases are concentrated in Gaines County, which has 57 infections, and Terry County, north of Gaines, where there are now 20 confirmed cases.

Dawson County, to the east of Gaines, was new to the count with six. Yoakum County has four and Lubbock, Lynn and Ector counties have a case each.

Texas state health department data shows the vast majority of cases are among people younger than 18: 26 in kids younger than 4 and 51 in kids 5-17 years old. Ten adults have measles and three cases are “pending” an age determination. The Ector County Health Department told the Odessa American its case was in a child too young to be vaccinated.

[…]

In New Mexico, all of the cases are in Lea County, which borders Gaines County in Texas. The state health department has said people may have been exposed at a grocery store, an elementary school, a church, Nor-Lea Hospital and a Walgreens in Hobbs, New Mexico.

That “child too young to be vaccinated”, which is to say a child under the age of about 15 months, is the reason why we need a vaccination rate of 95% or higher, and why I don’t respect anyone’s decision to opt out. That kid’s infection, whatever happens from here – and we all hope and pray all of these children will fully recover – is on all the adults who refused to vaccinate their kids. Your choice doesn’t just affect you. ABC News has more.

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This vaccine is for the birds

Possibly good news for future egg prices, among other things.

Image credit: RubberBall Productions via Getty Images

A veterinary pharmaceutical company said they have received a conditional license for a bird flu vaccine to be used on chickens, potentially marking the first step toward mitigating a disease that has affected more than 150 million birds in the United States since 2022.

Zoetis, a New Jersey-based animal health company, announced Friday that the U.S. Department of Agriculture’s Center for Veterinary Biologics has issued a conditional license for its Avian Influenza, otherwise known as bird flu, vaccine. The USDA issues conditional license for products that meet an “emergency situation.”

Though the U.S. Centers for Disease Control and Prevention said the risk to the general public was low, the new strain of bird flu, H5N1, had spread to birds and livestock in all 50 states in recent months, including Texas, and infected nearly 70 people.

[…]

National regulatory agencies, along with the poultry industry, will now decide whether to vaccinate commercial flocks, according to Zoetis.

I could make a joke about how this will soon be put to a stop by Elmo or RFK Jr, but I will (just barely) restrain myself. Obviously, there’s a lot of potential for good here. I hope it’s a big success.

Posted in Technology, science, and math | Tagged , , , , , | 5 Comments

Harris County joins amicus against NIH cuts

From the inbox:

Christian Menefee

Harris County Attorney Christian D. Menefee announced today that Harris County has joined a national legal fight to protect critical medical research funding. The county is part of a coalition challenging the Trump administration’s recent decision to cut the National Institutes of Health (NIH) funding for health researchers across the country. These cuts threaten to disrupt life-saving research and medical innovation, and put tens of millions of dollars at risk in the Texas Medical Center.

“Harris County is home to the largest medical center in the world, and these cuts pose a direct threat to public health and our economy,” said County Attorney Menefee. “This funding supports the life-changing work happening at the Texas Medical Center. It’s not just about numbers on a budget sheet—it’s about jobs, patients, and families who rely on medical advancements.”

The coalition, which includes 45 local governments from across the country, has filed an amicus brief arguing that the NIH’s funding cuts are unjustified and would have devastating effects on research institutions and local economies. In Harris County, these cuts could lead to job losses, lab closures, and major setbacks for critical medical research.

“Once again, the Trump administration is playing politics with funding that our communities and economy rely on,” Menefee added. “This fight is about more than just dollar signs; it’s about the future of medical science and the ability of our local universities and hospitals to continue their life-saving research.”

The Texas Medical Center and its partner institutions—including Rice University, the University of Houston, and the Texas Heart Institute—employ over 120,000 people and contribute more than $24 billion each year to Harris County’s economy. Losing NIH funding wouldn’t just impact scientists and doctors; it would also hurt patients who depend on new treatments and medical discoveries being made here in Houston.

See here and here for the background. It’s important that Harris County get in there and defend itself, because as we know by their actions, the Republicans don’t care. I’m happy we got involved and I’m cheering for a good outcome in court.

That said, getting that good outcome isn’t enough.

From the beginning of this drama going on a month ago, the White House has been laser-focused on shutting down government-supported medical research in the United States. Of course, much of that is research into cancer cures or fundamental research building toward the same. The precise goal of all this shutting down is difficult to uncover — likely one half an effort to destroy or exercise control over academic/research institutions mixed with post-COVID hostility to medical research itself. On paper the effort was put on hold by a mix of the White House backing off and the original orders being blocked by judges. But in fact the White House has found very effective workarounds to evade the impact of those court orders. And that evasion, or those alternative paths to shutting down research grants, has accelerated, clamping down even harder this week.

I’m going to try to give a general outline of what’s happening. It’s difficult to describe all of it in detail: First, because a handful of different brakes are being applied at once and, second, because figuring it out is largely the work of people on the receiving end trying to interpret what they’re seeing. When they’re on the disbursing end it can also be difficult to get a full picture because there are different disbursal arms. And the White House/DOGE, etc., are taking various steps to reduce communication within NIH.

[…]

What I can say confidently is that the grant-approval system which the courts believe they have unfrozen remains at least mainly frozen. The White House is likely not technically violating the court order though certainly they are evading the spirit of that order.

I skipped the details because it’s pretty technical, but the bottom line is that there’s more than one way to block the grant money, and the White House is currently using those means. The reporting that Josh Marshall has been doing on this is heavily reliant on people who are directly affected by these actions, so if you are such a person or know such a person, read that post and follow the advice here to send in a tip via normal or encrypted channels. The more we know, the more we can do. The Chron has more.

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Multiple challengers line up for Fort Bend County Judge

We’ll see if they’re competing for an open seat or not.

Judge KP George

Another Democrat has entered the race for Fort Bend County Judge in 2026.

Eddie Sajjad, an entrepreneur and political consultant, announced his candidacy earlier this month.

Former Precinct 3 Constable Nabil Shike and Judge Christian Becerra, who presides over a district court, also are campaigning for the position as Democrats, the political party of incumbent County Judge KP George. George has faced backlash since he was criminally indicted in September on accusations that he worked with former staffer Taral Patel to create fake racist attacks against his own campaign on social media.

George has yet to formally announce his re-election campaign. A spokesperson for his office said earlier this month that George would announce his plans for the 2026 election “at the appropriate time.”

Sajjad has lived in Fort Bend County, a diverse and fast-growing area southwest of Houston, since 1997. In a news release announcing his campaign, Sajjad outlined 10 initiatives, including measures such as an artificial intelligence training program for residents, a voter education tool and an online platform where residents can track county spending.

I don’t know any of these contenders, I just happened to catch the story headline and thought it was worth noting. I’m a fan of Judge KP George, whose election in 2018 helped flip Fort Bend’s Commissioners Court just as Judge Lina Hidalgo’s election that year helped flip Harris County’s, but I strongly believe it’s time he step aside and let someone else give it a go. He’s absolutely entitled to his presumption of innocence, but politics are what they are, and this is not the profile of a winning candidate.

For what it’s worth, George has $377K in the bank, which is almost an order of magnitude more than what Judge Hidalgo has. That said, he didn’t raise any money over the last six months of 2024 while spending $115K. I’d say the financial signals about his possible candidacy are more mixed than hers are, but as with her if he doesn’t get into high gear on raising money quickly then that’s another reason to hang it up. We’ll see.

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Dispatches from Dallas, February 21 edition

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

This week, in news from Dallas-Fort Worth, we have a lot of recent stuff but also some catchup from the last month while I was suffering with COVID. Don’t get sick, y’all. It’s not fun. But from the depths of the sofa and the scrolling of news sites and social media I bring you: news from the Lege; Dallas is about to start hiring some of those cops required by Prop U; some ballot news for the May elections in North Texas; short-term rental lawsuits in Dallas and Fort Worth; another inmate has died at the Tarrant County jail; news from the suburbs and exurbs, news about local museums, and environmental news; personnel changes across the metroplex in important offices, including one with a big golden parachute; some awful immigration news; and Dan Patrick does not want to electronically verify your genitals this time. And more!

This week’s post was brought to you by the music of Anonymous 4, the foursome who sang all that awesome medieval music in the 90s and 00s. I was lucky enough to see them live and they were fantastic.

Let’s jump in, starting with some North Texas news from the Lege and moving on from there:

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SCOTx hears appeal of lawsuits over Winter Storm Uri deaths

The question at issue is whether anyone can be sued, since at this point there are no defendants left.

The Texas Supreme Court revisited the deadly mass outages of the 2021 freeze on its fourth anniversary during a Wednesday hearing, which was well-timed as yet another cold front sweeps through Texas and strains the state’s at-times fragile power grid.

[…]

Lawsuits against most other sectors in the electricity supply chain — the gas producers, the electricity retailers and ERCOT itself — have been dismissed. That means the main path forward for thousands of Texans seeking billions of dollars in damages is suing the transmission and distribution utilities, which own the power lines and poles that deliver electricity.

Named in the combined lawsuits are CenterPoint Energy, the primary Houston-area utility; Oncor Electric Delivery, which serves the Dallas-Fort Worth areas and parts of West Texas; and AEP Texas, covering parts of South and West Texas.

A Houston court of appeals barred freeze victims from suing these utilities for negligence claims last April. But crucially, gross negligence and intentional misconduct claims, which allege a more severe degree of wrongdoing, were allowed to move forwardThe utilities then appealed the Houston court of appeals’ decision to the Texas Supreme Court.

During Wednesday’s oral arguments in front of the Texas Supreme Court, Michael Heidler, representing the utilities, argued the companies shouldn’t be subject to liability under common law, which are laws that come from court decisions rather than legislation.

That’s because transmission and distribution utilities are already heavily regulated by ERCOT and the Public Utility Commission of Texas, and customers can complain about utilities to the PUC, Heidler said. He cited a 2003 case in which the Texas Supreme Court found that government regulations provided sufficient protections, so imposing common law wasn’t appropriate.

“This is a heavily regulated activity, and if there’s something that needs to happen differently, the PUC and ERCOT are well-equipped to tell us what to do, to change the regulations, to fix it,” Heidler said.

Ann Saucer, the lawyer representing Texans harmed by the 2021 freeze, said government regulation shouldn’t shield the utilities from the lawsuits. She argued that the three utilities failed to adequately “rotate” outages, which means outages should’ve cycled from neighborhood to neighborhood, as ERCOT had intended.

“(The utilities) could have rolled the blackouts so that one person has power for 45 minutes and then another person loses power for 45 minutes, and it rolls… (but) they left the switches off for people for days,” Saucer said. “They did that because they were consciously indifferent to people freezing to death.”

Prior to the 2021 freeze, ERCOT had told utilities to prepare to cut approximately 13 gigawatts of power in a “worst-case scenario,” Heidler said. But during the freeze, a maximum of 50 gigawatts of power capacity had to be cut, he said.

Heidler rebutted that it would’ve been “difficult, if not impossible” to cut that much power and rotate outages without damaging the grid. That’s because ERCOT requires that utilities maintain electricity to nuclear plants and prioritize other customers such as the military, law enforcement and public health communications facilities, he said.

Saucer has countered that utilities are partly responsible for that much power being lost, since they cut power to facilities needed to generate electricity.

See here and here for some background. The justices had skeptical questions for both sides, so it’s hard to say if either one had an advantage. Seems crazy to me that in the end after all that suffering and hundreds of deaths that literally no one might be held legally responsible, but that could happen. It’ll probably be a few months before we get a ruling.

Posted in Legal matters | Tagged , , , , , , , , , , , , , | 4 Comments

If the Texans want a new stadium, they can build it themselves

Yeah, no.

When Texans owner Cal McNair named a new team president last month, the first thing he touted about Mike Tomon’s resume was his “extensive history in stadium development.”

Tomon was previously an executive at Legends, a stadium operations firm co-founded by Dallas Cowboys owner Jerry Jones, where he worked on arrangements for new NFL stadiums in Los Angeles, Las Vegas and, most recently, Buffalo, which is set to open in 2026.

The Texans, meanwhile, have started negotiating a new lease agreement at NRG Stadium, their publicly-financed home since 2002. A recent facility assessment found the stadium was in average or below average condition compared to its peers, with a laundry list of needs from deferred maintenance over the years. But McNair’s quote and Tomon’s history suggest stronger ambitions: The team may want a new stadium entirely.

Two sources familiar with the Texans’ thinking told the Chronicle the Texans have explored the possibility of a new stadium, though the team has not committed to that path. The team has not proposed a new stadium in the lease negotiations, and the ultimate decision will depend on what makes the most financial sense for the Texans, the Rodeo and Harris County, which owns the campus and leases it to the two organizations, the two sources said.

“Our priority has always been to support a renovation of NRG Stadium and that’s where our focus remains,” Texans spokesperson Omar Majzoub said in a statement to the Chronicle. “As we’ve said before, we are committed to exploring all potential solutions to ensure long-term success and we look forward to working with the Houston Livestock Show and Rodeo, Harris County and HSCCC (the Harris County Sports and Convention Corp.) in identifying the best path forward.”

A decision could likely hinge on the price tag of a renovation. If the combined costs of maintenance – $1.4 billion is needed over 30 years at the stadium, according to a recent assessment – and premium features the Texans may want to add begin to approach the cost of a rebuild, the team could decide a new stadium is the better option.

[…]

A new stadium could prove to be a tough sell with taxpayers. Houston and Harris County’s elected leaders are paying off the debt they incurred to build NRG Stadium 25 years ago, using taxes on hotel rooms and car rentals.

The Harris County-Houston Sports Authority, the joint venture that financed Houston’s stadium-building spree in the late 1990s and early 2000s, still owes $1 billion in principal debt on the bonds that paid to build NRG, Daikin Park and Toyota Center. It is not scheduled to pay them off until 2056, according to financial statements.

The Texans also have benefited from a team-friendly deal at NRG Stadium for the last two decades. The team put up revenue from permanent seat licenses toward the construction of the stadium, but it does not have to contribute toward most maintenance costs, unlike the Rockets and the Astros. The county is on the hook for those costs at NRG Park.

And the Texans often get more money in tax rebates than they have to pay in rent, according to financial audits – meaning the government essentially pays the team to play at NRG.

The sports authority’s debt load suggests it does not have room to take on additional loans to finance a new football stadium, and there does not appear to be enough money in the county’s general coffers to take on a rebuild.

The Texans could finance the stadium themselves, but NFL teams almost always ask for subsidies. Of the NFL’s 30 current stadiums, only five were financed without them.

And now it can be six. Look, I’ve supported these propositions in the past. On balance, I think they were worthwhile, even if the claimed financial benefits were way overblown. Downtown is a better place for having Daikin Park and the Toyota Center in it. But as noted, the Texans have really really done well with their deal. They can well afford this, if indeed this is what they want or say they have to have. I’m open to offering general infrastructure improvements in the area around the stadium as an incentive for them to build it themselves. Beyond that, whether we’re talking renovation or new construction, this needs to be on them. Campos has more.

Posted in Elsewhere in Houston | Tagged , , , , , , , , , , | 6 Comments

No Eid on the HISD calendar

Some folks would like it back.

The Houston chapter of the Council on American-Islamic Relations — a local Muslim advocacy group — is calling on Houston ISD to add a school holiday back for Eid al-Fitr during the 2025-2026 school year.

HISD’s Board of Managers approved an academic calendar Thursday that does not provide a day off to students or staff for Eid al-Fitr, a Muslim holiday that the district began recognizing with a day off in 2023. The Muslim holiday celebrates the end of Ramadan, a holy month of fasting and reflection.

The district began observing a spring holiday in 2023 during Eid al-Fitr in response to requests from the Muslim community in Houston, making it one of only three religious holidays at the time recognized by the state’s largest school district.

The exact date of Eid every year is unclear because it is dependent on the sighting of the crescent moon, but it is expected to begin in 2026 on the evening of Thursday, March 19 and end Friday, March 20. HISD does not have a school holiday scheduled for either date in the approved calendar.

[…]

“The removal of Eid as a school holiday is deeply disappointing for the thousands of Muslim families in HISD,” CAIR-Houston director William White said. “HISD has an opportunity to demonstrate its commitment to diversity and equity by ensuring that all students, regardless of their religious background, feel seen and valued.”

The organization said it was urging the school district to listen to the Muslim community and reinstate Eid as a district-wide holiday. The group said it wanted to encourage parents, students and community members to “contact HISD leadership and advocate for this essential accommodation.”

I remember seeing the original story last fall but didn’t comment on it at the time. As the story notes, the Christian celebration of Good Friday and the Jewish celebration of Yom Kippur remain on the HISD calendar. The reason why a religious day of observance might be a day off from school is that a significant number of students will feel it necessary to put their religious obligations ahead of their school obligations. It’s neither fair nor a good look to make then choose, so the day off makes the most sense. It’s not mandatory for HISD to do this – the story doesn’t say, but I suspect very few other school districts offer this holiday – but I do think at the least the HISD community was owed more of a discussion before this change was made. I don’t know if anything can be done for this year at this late date, but I hope the matter is brought up for a longer conversation soon.

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

Texas blog roundup for the week of February 17

There are no tariffs or surcharges applied to this week’s Texas Progressive Alliance roundup, but check with us next week because you just can’t be sure anymore.

Off the Kuff has the January campaign finance reports for US Senate and Congress.

SocraticGadfly takes a look at Russia-Ukraine issues of the last several days.

As Musk/Trump attacks FEMA and climate science, the Houston Democracy Project asked why Republican At-Large Councilmember Twila Carter who attended Mattress Mack GOTV rally last October, is Chair of Council Committee that deals with these issues.

================================

And here are some posts of interest from other Texas blogs.

Space City Weather sings the praises of a fully operational and un-privatized National Weather Service.

The Barbed Wire bemoans the coming price hikes on beer.

Deceleration criticizes how Texas universities responded to the 2023 anti-DEI law.

The Dallas Observer has what you need to know about Dan Patrick and dick pics.

Your Local Epidemiologist explains what “indirect costs” are in NIH grants.

Lone Star Left reviews House committee assignments.

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Muskian rampage could close hundreds of federal buildings in Texas

Look around, here today and maybe gone tomorrow.

Mickey Leland federal building

Billionaire Elon Musk’s chainsaw diet for the U.S. government could shutter near 450 federal offices across Texas that do anything from assisting ailing veterans to answering questions about retirement and disability benefits, records show.

The closures, which also could include as many as 25 San Antonio properties, would gut the government’s ability to deliver vital services Texans access daily, critics charge. Sites on the chopping block include offices of the Social Security Administration, the Farm Service Agency and the Small Business Administration along with Veterans Administration facilities, according to a federal website listing holdings by the General Services Administration, the government’s real estate arm.

“Elon Musk is on an authoritarian rampage through the federal government,” said Rob Weissman, co-president of watchdog group Public Citizen, which at press time has filed at least three lawsuits to rein in the billionaire Trump donor’s DOGE, or Department of Government Efficiency.

“While Musk tried to say that this is all about improving efficiency, it’s not efficient to get rid of government offices that directly serve the public and play an important function,” Weissman added. “It’s completely arbitrary, dangerous and puts the cost back on all of us.”

As evidence of the closures’ unintended consequences, critics point to the Musk’s downsizing efforts at the Department of Energy, which were paused over fears they could affect the nation’s nuclear defense programs.

Citing communications from Trump administration officials, the Washington Post reports that DOGE’s plans to slash government spending include eliminating half of all federal nonmilitary real estate nationwide. Those cuts are planned on top of personnel reductions that have already taken place, including a mass firing of thousands of probationary employees on the job for fewer than two years.

[…]

Should Musk’s Department of Government Efficiency carry through with its plans, Texas would be hit especially hard. The Lone Star State is home to 894 federal offices, at least 50 of them in San Antonio, according to the GSA’s online inventory. That means up to 447 statewide could be on Musk’s chopping block.

Four people with knowledge of internal GSA talks told the Post that the property selloff is part of DOGE’s effort to force federal field workers to quit by decimating morale.

“We’ve heard from them that they want to make the buildings so crappy that people will leave,” one senior GSA official told the paper. “I think that’s the larger goal here, which is bring everybody back, the buildings are going to suck, their commutes are going to suck.”

Trinity University economist David Macpherson said a widespread closure of government offices would result in a glut of vacant space across San Antonio and other affected cities. However, he said the larger impact would come from the hemorrhaging of government employees, whose salaries and buying dollars play a significant role in local economies.

“It will increase unemployment, decrease spending and harm the city,” he said. “Economically, it can’t possibly do any good.”

The story says there’s at least 50 federal buildings in San Antonio, housing some 70 agencies. I don’t know what the comparable figure is for Houston – that GSA website allows you to search by state or Congressional district, but not by city or county – but it’s got to be larger than that. It sure would be nice to know what kind of effect we might be looking at. We know that Republicans won’t care, but that doesn’t mean the rest of us don’t.

Posted in The great state of Texas | Tagged , , , , , | 6 Comments

Rebooting Texas’ film incentive program

Everything old is new again.

A promise to make Texas the film capital of the world has left local creatives raring to cash in — and preparing for a legislative battle.

The Texas Senate has proposed injecting $498 million to revamp the state’s film incentive program, a historic sum that rivals most other states and more than doubles the $200 million lawmakers plugged into the program during the last budget cycle.

Film industry insiders, who have for years been fighting for a larger and more consistent funding stream, could hardly believe it when they heard the $498 million figure, a line item in the draft budget the Senate filed last month. According to Lt. Gov. Dan Patrick, the funding would include $48 million in grants for small films and television commercials and up to $450 million in new tax credits, contingent on a bill passing.

“It’s like we are in a ‘stars aligned’ period,” said Brian Gannon, director of the Austin Film Commission. “There’s alignment across industry, across government. Everyone is excited.”

That excitement is palpable across Texas. From the 4,100-person town of Smithville to booming urban centers like Fort Worth, local officials, film commissions and business owners say movie production is a boon to their economy because it creates new jobs, attracts tourists and keeps businesses afloat.

In Smithville, a small town about 40 miles east of Austin, restaurant owners say they continue to reap benefits from the filming of the 1998 romantic drama “Hope Floats” because fans stop by to see the house where much of the Sandra Bullock movie was filmed and then wander into their outpost for a bite to eat.

Film stars have also thrown their weight behind film incentives. In a star-studded advertisement called True to Texas, Matthew McConaughey, Dennis Quaid, Woody Harrelson, Renee Zellweger and Billy Bob Thornton urge lawmakers to help “turn this state into a new Hollywood.” The actors say they want to tell Texas stories in their home state and need state support to do so.

Even so, economists remain skeptical about the return on investment of film incentives, and some state lawmakers say subsidizing movies is not the best use of taxpayer money.

“Half a billion dollars doesn’t need to be routed towards the entertainment industry,” said first-term state Rep. Daniel Alders, R-Tyler. “There are already Texas-sized incentives out here. Don’t act like you have to have a handout in order to do business in the state of Texas.”

Texas is one of 37 states to offer a film incentive program, according to the National Conference of State Legislatures. Those programs can take the form of cash grants, as in Texas, or tax credits, which are what some of Texas’ competitors, including Georgia and New Mexico, offer.

Under the 18-year-old program, the state provides rebates to reimburse production companies between 5% and 20% of what they spend in the state, including wages to Texas residents and costs to rent film space or book hotels. At least 60% of the production must be filmed in Texas, per state law. Productions can receive an additional 2.5% rebate if they film in underutilized or economically distressed areas.

Creative professionals say the program has been successful — it has created 182,000 Texas jobs and yielded $2.52 billion in-state spending, according to the Texas Film Commission which is housed under the governor’s office. And for every $1 paid out for a grant, $4.69 is spent in state, Adriana Cruz, executive director of the Texas Economic Development and Tourism division of the governor’s office testified last October.

Patrick, the second most powerful Texas official, has made transforming Texas into a film haven a priority this session, reserving Senate Bill 22 for that purpose. The bill has not been filed as of Thursday afternoon. Patrick’s office did not respond to The Texas Tribune’s questions, and several House members declined to weigh in until a bill was filed.

Industry leaders have proposed a transferable franchise tax credit — smaller film productions making less than $2.47 million in revenue are exempt from the tax — since Texas does not have a state income tax.

They’re also pushing for a more consistent funding stream instead of an amount that is determined at the whims of lawmakers every two years.

[…]

Economists who have studied tax incentive programs across the country have long been skeptical of their value. Research on film incentive programs in New York, GeorgiaMichigan and California have found that tax credits have a negligible impact on economic activity, when measuring job growth and tax revenue.

In cases where a film incentive does spur job creation, it isn’t enough to justify the cost of the incentive, said Michael Thom, a tax expert at the University of Southern California.

“The incentives boost the industry’s profit margins, which is why they want them so badly,” Thom said, adding that the Texas Film Commission’s claim that the incentive program delivers a 469% return on investment is “preposterous.”

Some producers would choose to film in Texas even if they did not receive grant dollars, Thom said. And the figure doesn’t account for what the state could be losing by not spending that money on something else, whether public schools or safety.

Alders, the East Texas lawmaker, agrees.

“That calculation is a little disingenuous,” he said. Instead of using general revenue to refill the incentive program’s coffers, Alders suggested the funding come straight from the sales tax revenue the film industry generated.

“If we are getting money back, then that bucket should have been filled one time and should never have to be refilled with taxpayer dollars,” he said.

We’ve heard these arguments before, more than a decade ago, including from the video game industry, which was curiously unrepresented in this story. There are a lot of dimensions to this fight, including some localities that are not thrilled about big studio lots being built in their back yards, and of course a culture war angle involving the content of films seeking incentives. That led to a lawsuit that was eventually resolved in the state’s favor and is now being expressed as concerns over porn being filmed here. Because for sure that’s never happened before.

Anyway, this should be an interesting fight to watch. I don’t know that this is an issue on which Dan Patrick will go to the mats, but if he does it might provide a bit of leverage for Democrats, since it looks to me like this would not be able to pass on Republican votes alone. Gotta be aware of opportunities where they present themselves.

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WNBA appears set on Cleveland

But Houston could be next in line, and soon.

The WNBA is preparing to award Cleveland its 16th franchise, multiple sources have told SBJ, with an approximate bid worth a league record $250M.

The sources put Cleveland’s expansion chances as high as 90% — with an announcement expected no later than March — and said the WNBA has re-thought its original plan of adding just one team and could award one or two more franchises to bring its league total to 18 clubs. The presumed leaders for the second and third teams are Philadelphia, Houston, Nashville, Detroit and Miami, with the league reiterating tonight that nothing is finalized.

“The WNBA has received formal bids from many interested ownership groups in various markets and we are currently in the process of evaluating these proposals,” a WNBA spokesperson said in a statement.

Cleveland is expected to join the league for the 2028 season playing at Rocket Mortgage FieldHouse. They will be reprised as the Cleveland Rockers, an original WNBA franchise that folded after the 2003 season when former owner Gordon Gund could not sell the team due to tumbling revenue and erratic attendance. But in the two decades since, the league’s exponential growth and popularity has led to rising expansion fees. The Golden State Valkyries, the league’s 13th franchise launching in May, paid $50M to join the WNBA, while Toronto and Portland — the 14th and 15th franchises — paid $115M and $125M, respectively. Now that has doubled.

As recent as two weeks ago, the WNBA applied to trademark the name Rockers, as well as the names of three other former franchises: the Houston Comets, the Detroit Shock, the Miami Sol and the Charlotte Sting — all clues to who could be in the running for the 17th and 18th teams, but not a complete giveaway.

Sources said Houston “is probably the most positioned” for the 17th team largely because the Rockets recently built a 75,000 square-foot practice facility, owner Tilman Fertitta is reportedly worth more than $10B and they have an NBA infrastructure that is appealing to the league.

“The Comets are also an amazing brand, and it’s stunning they even left the league,” said a source, referencing the four-time champion Comets folding in 2008 due to $4M annual losses.

Philadelphia is likely another clear frontrunner, sources said, and indications are that when 76ers owner Josh Harris partnered with Comcast on a new arena in South Philadelphia, the priority was to house a WNBA team along with the Sixers and Flyers.

[…]

As to why the WNBA is willing to take on potentially three teams instead of one right now — with the last two likely arriving in 2029 or 2030 — the sense is that there have been multiple bids approaching $250M.

“How do you walk away from three quarters of a billion dollars?’’ one source said.

See here, here, and here for some background. Tough break for Austin, which put together a pretty good bid, but I don’t think the WNBA is going to stop at 18. They may pause for a bit, but as long as the demand is there, they will keep going. The talent pool is more than adequate.

As for why the Comets folded in 2008, other than that being a bad year for the economy, the team had been mediocre for several years, the sale of the team from the Rockets to second-tier furniture guy Hilton Koch was a disaster, and the league was going through some growing pains, as evidenced by the folding or relocation of several other original franchises. It’s a different time and both the league and the sport are in a better place. Yahoo, Sports Illustrated, KVUE, and the Chron have more.

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Some background on the measles outbreak

NBC News did some reporting on the growing measles outbreak in West Texas.

On Friday, the number of confirmed cases rose to 49, up from 24 earlier in the week, the state health department said. The majority of those cases are in Gaines County, which borders New Mexico.

Most cases are in school-age kids, and 13 have been hospitalized. All are unvaccinated against measles, which is one of the most contagious viruses in the world.

The latest measles case count likely represents a fraction of the true number of infections. Health officials — who are scrambling to get a handle on the vaccine-preventable outbreak — suspect 200 to 300 people in West Texas are infected but untested, and therefore not part of the state’s official tally so far.

[…]

The city of Seminole is the seat of Gaines County, Texas, and the epicenter of the current measles outbreak. It’s located in a vast, flat region filled with ranchers and peanut and cotton farmers.

There’s also a large Mennonite population, a religious sect that believes in “total separation from the outside world,” according to the Texas State Historical Association. These Mennonites chose to settle in Gaines County, in part, for its lack of regulation on private schools. This includes vaccine mandates.

As of the 2023-24 school year, Gaines County had one of the state’s highest vaccine exemption rates, at nearly 18%, according to health department data.

“We have a high, high number of unvaccinated,” said Tonya Guffey, the chief nursing officer at Seminole District Hospital. “It’s not that they’re not educated. It’s just what their belief is.”

Guffey noted that many of the unvaccinated people in the area were Mennonite. “We educate, we encourage, we do what we can for the community, but it’s their choice,” she said.

[…]

Measles cases were limited to rural areas surrounding Lubbock, Texas, the largest city in the region, until Friday afternoon, when Lubbock Public Health confirmed its first case.

The “hub” city, as it’s nicknamed, is where all of the big grocery and big box stores are.

People who live in Gaines County regularly head into Lubbock to shop and do other business. That includes a large number of unvaccinated people who may have been exposed to measles.

“Communities who don’t vaccinate are not necessarily isolated to their area. They commute to Lubbock,” said Dr. Ana Montanez, a pediatrician at Texas Tech Physicians in Lubbock. “By doing that, they’re taking the disease with them.”

Several of Montanez’s young patients were exposed recently, she said, one just by sitting in the same clinic waiting room with another child who was later confirmed to have measles. That child had traveled from another county for care.

As of our last update, the number was 48, but in reality it’s a lot higher as this story notes. Not everyone is showing symptoms or gotten formally diagnosed yet. Per the Statesman, the breakdown of where the known cases are now is as follows:

Gaines – 42 cases
Lubbock – 1 case
Lynn – 1 case
Terry – 3 cases
Yoakum – 2 cases

Plus the two from Houston, which again has thankfully remained at two. Per the Lubbock Avalanche-Journal, 42 of the 49 cases so far are in children. But these numbers are just for Texas. As of the weekend, measles are now in New Mexico.

On Friday, New Mexico officials declared an outbreak in Lea County, just across state lines from Texas’ Gaines County. Two adults tested positive for measles, with three total cases this week. The first case, an unvaccinated teenager in Lea County, had no recent travel history and no known exposure to the Texas cases, raising alarms about measles spreading undetected.

While officials believe there’s a connection to the Texas outbreak, it’s still unconfirmed.

“We are investigating every suspected case, and we encourage sick individuals with symptoms consistent with measles to seek medical care,” Dr. Chad Smelser, deputy state epidemiologist for New Mexico’s health department, said in a statement.

New Mexico officials are notifying people possibly exposed to measles. Areas where people could have been exposed include an elementary school, two grocery stores, a church, a pharmacy and a hospital.

And again, measles is extremely contagious. It lingers in the air and survives for hours on surfaces. Get vaccinated or get sick, those are the choices. The Associated Press has more.

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Solar For All grants caught in a trap

They can’t get out, at least not at this time.

More than $400 million in federal funding for Texas-based organizations to implement clean energy programs remains frozen, jeopardizing efforts to expand access to rooftop solar panels and battery storage systems in disadvantaged communities across the state.

The frozen grants are part of the Environmental Protection Agency’s $7 billion Solar for All program, which was created by the Biden administration’s 2022 Inflation Reduction Act.

President Donald Trump first paused funds from this law and another climate-related law via his “Unleashing American Energy” executive order in late January. After a federal judge reiterated a court order that the Trump administration must release frozen grants this week, the EPA is now saying some grants from the two laws remain inaccessible because the agency is concerned about potential waste, fraud and abuse, without sharing information about any specific Solar for All issues.

Harris County led a statewide coalition — including the cities of Houston, San Antonio, Austin and Waco, as well as Dallas County — in securing nearly $250 million from the Solar for All program last April. The coalition wants to use the money to help more Texas residents afford solar panels and to provide backup power to local community centers, among other goals.

Clean Energy Fund of Texas, a Houston-based “green” bank, was awarded $156 million from the Solar for All program. The nonprofit plans to partner with Texas Southern University to deploy solar and battery technologies at historically Black colleges and universities, Hispanic serving institutions and tribal colleges and universities across the southeastern United States.

[…]

Michelle Roos, director of the Environmental Protection Network, a national nonprofit focused on EPA activities, called the agency’s claims of potential waste, fraud and abuse a “lie.”

“This is just another attempt to try to shut down and deny people the opportunity to make the country healthier,” Roos said.

The Solar for All funding isn’t disbursed all at once; rather, groups submit reimbursement requests for their program expenses. Harris County is the sole entity receiving the coalition’s $250 million in funds from the federal government, which it passes through to the other groups. $54 million of that is allocated for the county itself.

So far, the county has only received approximately $30,000 of its share of funding, which has been used to hire an employee to oversee Solar for All activities, Menefee said. His office is “leaning heavily” on filing its own lawsuit fighting the Solar for All funding freeze, he said.

“One thing there is not in (the other two lawsuits) is representation from the South,” Menefee said.

See here for some background. I agree with Ms. Roos’ evaluation, but I would have included profanity in mine. This would benefit a lot of people, in the normal course of events by providing lower energy bills, and in times of power outages – you know, those extremely rare times around here when the grid fails us – by providing battery backup power. While there has already been successful litigation against this chaos and destruction, it would seem that County Attorney Menefee will need to do his thing to get what is rightfully ours. Let’s hope we can get it soon.

I need my palate cleansed, so in honor of how I started this post, here’s a little number you might be familiar with:

Hope that helped.

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HISD joins lawsuit against social media companies

Interesting.

Houston ISD is set to join a nationwide lawsuit that argues several major social media companies fueled an “unprecedented mental health crisis” among young people — and should pay school districts for the fallout.

HISD’s state-appointed board unanimously voted Thursday to enter into a legal agreement with three Texas firms that will represent the district in a two-year-old case that already involves hundreds of districts across the country. Under the deal, HISD will only have to pay legal fees if it wins or settles the lawsuit.

The districts already involved in the case argue the companies that own Instagram, TikTok, Snapchat and YouTube created “addictive and dangerous” platforms that have spawned numerous problems for children and schools. Districts say they have had to hire additional staff to attend to students’ mounting social-emotional challenges, repair property that children damaged while participating in viral trends, spend time responding to repeated safety threats made over social media and more.

In response to school districts’ allegations, the four social media giants have largely made the case that they should not be on the hook for how children choose to engage online. Legal observers have said the school districts might face a steep challenge in winning the case.

HISD board member Angela Flowers said she has seen a wave of emotional turmoil wash over the younger generation as the mother of two recent graduates from the district’s Lamar High School. When her kids were in high school, they knew about a dozen classmates, friends and acquaintances who took their own lives, Flowers said.

“The data is that the suicides are up. That is the scary data,” Flowers said. “That’s why (social media) is like tobacco, it’s like alcohol. You cannot feed it to children.”

[…]

Win, lose or settle, Flowers wants to see HISD expand limits on students’ phone and social media use at school. She suggested several strategies that the district could look toward, including having teachers collect phones at the beginning of class or requiring students lock their phones in pocket-sized pouches for the duration of the school day.

“We can’t keep knowing that it’s bad and not doing anything about it,” she said.

I don’t have a strong opinion about this. I’m certainly not going to defend any of the companies being sued but it’s not clear to me how one apportions blame for some of the harms being cited. Feels like a bit of a longshot to see any benefit, but as long as there’s no cost for getting involved I don’t see any reason not to do so. If this eventually translates into some kind of settlement, great.

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Interview with Anthony Rios and Ringo Bosley of the Houston Progressive Caucus

I reported on the creation of the Houston Progressive Caucus a couple of weeks ago, and as is my habit I had some questions about their mission and strategy beyond what was contained in their press release and on their website. So I reached out to Karthik Soora, the SD15 candidate from last year who was listed as the contact for the Caucus, and asked him if we could have a chat about it. He set me up with Anthony Rios and Ringo Bosley of the Caucus for an interview, and so here we are. I had some questions about where this came from, what kind of issues they will champion, what we should expect to see from them in the short to medium term, and more. Here’s what we talked about:

If you have any questions about them, you should click on their website or connect with them on BlueSky or elsewhere and engage directly.

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Starbase City gets its vote

Company town incoming.

Cameron County’s top elected official on Wednesday signed an order clearing the way for an election that would allow employees of SpaceX’s South Texas launch site to make it the county’s newest city.

The order, signed by County Judge Eddie Treviño, approves a petition filed in December by several SpaceX employees requesting an election to determine whether their Starbase headquarters could become a town under the same name.

The would-be town is roughly 25 miles east of Brownsville along the Gulf of Mexico.

If approved by voters in the town’s proposed area, the base would become a Type C municipality, defined as less than two square miles with 200 to 5,000 residents. Type C municipalities use a commission form of government with a mayor and two commissioners; the petition notes that SpaceX’s security manager, Gunnar Milburn, is the sole candidate for mayor.

The petition required at least 10% of potential residents to sign, and a simple majority is required in the election to create the new city. The petition had just over 70 signatures and an affidavit attached to the judge’s order showed just under 500 people living in the area, including almost 120 children.

Almost all of the signatures on the petitions were by people with addresses the affidavit marked as residences of SpaceX employees.

The affidavit also states that SpaceX owns almost all of the homes; just four homes listed in the affidavit are not owned by SpaceX, which also owns all of the land within the prospective city’s footprint, “with only a few exceptions.”

See here for the background. I’m uncomfortable with anything that gives Ellie any kind of power, but I don’t live there and if this is what the locals want and they think it will make it easier for them to manage their roads and drainage and whatnot, then I don’t see that I have grounds to object. Seems likely this will pass, but I’ll keep an eye on it.

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Buzbee’s client drops lawsuit against Jay-Z

Well, well.

An Alabama woman who said she was raped by rappers Jay-Z and Sean “Diddy” Combs when she was 13 withdrew her civil lawsuit against both men on Friday, according to court filings.

The unidentified woman in December added Jay-Z, whose legal name is Shawn Carter, to a lawsuit she had filed against Combs in Manhattan federal court, alleging that she was attacked by the singers in 2000 after Combs’ limo driver offered her a ride to an MTV Video Music Awards after-party.

The court document submitted by the woman’s attorneys announcing the voluntary dismissal did not include any reasons or explanation for the withdrawal.

Jay-Z, who vehemently denied the claims and tried to get extracted from the lawsuit, called the woman’s decision to withdraw her claim “a victory” and said the “fictional tale” she and her lawyers created was “laughable.”

“The frivolous, fictious and appalling allegations have been dismissed,” he said in a statement posted on social media. “This civil suit was without merit and never going anywhere.”

Combs remains jailed in New York awaiting a criminal trial on federal sex trafficking charges. He also faces a wave of sexual assault lawsuits, many of which were filed by the plaintiff’s lawyer, Tony Buzbee, a Texas attorney who says his firm represents over 150 people, both men and women, who allege sexual abuse and exploitation by Combs.

Lawyers for Combs said dismissal of the lawsuit without a settlement confirmed that other lawsuits he is facing are built on falsehoods.

“For months, we have seen case after case filed by individuals hiding behind anonymity, pushed forward by an attorney more focused on media headlines than legal merit. Just like this claim, the others will fall apart because there is no truth to them,” they said in a statement, adding that Combs “has never sexually assaulted or trafficked anyone — man or woman, adult or minor.”

When asked for a response, Buzbee responded “no comment” in an email Friday night.

Buzbee’s firm, which has set up a 1-800 number for accusers, has filed a wave of lawsuits against the hip-hop mogul. Buzbee’s lawsuits allege that many of the people he represents were abused at parties in New York, California and Florida where individuals were given drinks that were laced with drugs.

Statements from both rappers derisively referred to Buzbee and his firm as the “1-800-lawyer.” Jay-Z accused him of “hiding behind Jane Doe” for financial gain.

“When they quickly realize that the money grab is going fail, they get to walk away with no repercussions,” he wrote. “The system has failed.”

See here, here, here, here, and here for some background. There are still multiple other suits that are as far as I know still active, including all of the ones that Buzbee has filed against Combs, the one he filed against Jay-Z’s company Roc Nation, and the one that Jay-Z filed against Buzbee that alleged extortion. All I’m going to say at this point is that all of this is a big mess and it will take some time to fully untangle. The Chron has more.

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