We better not have a disaster this year

We will not be able to recover from it as things stand right now.

Dawn Buckingham wants you to suffer

After a series of severe hurricanes hit the Texas Gulf Coast and other U.S. coastlines last summer, the Federal Emergency Management Agency was nearing its limits. The agency was so strained, said Michael Coen, then its chief of staff, that it had to bring in officials from other federal agencies to help coordinate relief efforts in what would be the third costliest hurricane season on record.

Now, with the next hurricane season just three months away, FEMA and other federal agencies tasked with helping communities prepare and recover from natural disasters are among those being slashed by Texas billionaire Elon Musk at the direction of President Donald Trump.

The cost-cutting moves come as the U.S. is experiencing increasing numbers of large-scale natural disasters, driving fears that the federal disaster system that has helped rebuild the Gulf Coast time and again could be overwhelmed by a major hurricane.

“To diminish FEMA and these other agencies at a time they’re challenged by the increased frequency and severity of storms will leave this administration in jeopardy,” said Cohen, who left FEMA in January. “States are relying on these programs for guidance and approval. I don’t know how that money would get administered if you don’t have the staff.”

Texas has received $18.6 billion in FEMA funding since 2017, more than any other state except Florida. And it is one of the largest recipients of federal block grants that help fund rebuilding efforts after natural disasters, receiving more than $14.6 billion since 2001, according to the Bipartisan Policy Institute.

During his campaign run, Trump attacked FEMA repeatedly as a “disaster,” at one point falsely accusing the Biden administration of redirecting funding for disaster relief to helping migrants. He has said the agency might “go away,” floating the concept of shifting funding to states to manage hurricanes, wildfires and tornadoes on their own.

Earlier this month the Trump administration fired more than 200 employees from FEMA, which employs close to 20,000 people. It also axed nearly all 86% of employees at the Department of Housing and Urban Development’s Office of Community Planning and Development, which administers the billions of dollars in block grants for disaster relief.

And more cuts are likely coming, after a memo went out to agency heads this week ordering them to begin “large scale reductions in force.”

[…]

News of staff cuts at HUD, which is charged with overseeing the blocks grants, set off concern among local officials in and around Houston. That money is used to do everything from making water and sewage plants more resilient to flooding and high winds to rebuilding homes for those who are uninsured — an increasing problem in low-income neighborhoods as home insurance rates skyrocket.

Houston city officials, who are set to receive $314 million in grants for damage caused by Hurricane Beryl in July and the wind storm that rocked the city in May, are trying to figure out how the new administration’s cuts might alter their plans, said Mary Benton, a spokeswoman for the city.

“At this time it’s too early to determine the impact,” she said.

The Trump administration is also taking aim at the National Oceanic and Atmospheric Administration, the hub of a federal storm network that provides crucial weather data and forecasts to local authorities during hurricane season. About 800 probationary employees, who are newer to the agency or have been recently promoted, were laid off on Thursday, with more firings possibly to come, according to CNN and other news outlets.

In Washington, the cuts have already set off a political fight on the future of the federal government in disaster relief.

As Musk seeks to decrease the size and increase the efficiency of federal agencies, Democrats are questioning how they will be able to get funds out quickly in the next natural disaster.

U.S. Rep. Lizzie Fletcher of Houston said that, given the complexity of managing and overseeing grant funding for disasters, it was hard to imagine how funding for rebuilding from Hurricane Beryl would not be delayed by the staff cuts.

“The Trump administration policy to shoot first and ask questions later hasn’t worked well and it won’t work here,” she said.

So far, the cuts at FEMA and HUD have met little resistance from Republicans, even those in disaster-prone states like Texas.

Texas Land Commissioner Dawn Buckingham, who oversees the disbursement of disaster relief funding to communities across Texas, cheered the cost cutting, saying in a statement it was needed to “identify waste, fraud, and abuse, and to streamline federal regulations that have reached a breaking point where bureaucracy has far surpassed pragmatism, effectiveness and efficiency.”

Earlier this year, HUD filed a complaint against the land commission with the U.S. Department of Justice, claiming the agency under Buckingham’s predecessor, George P. Bush, discriminated against the city’s Black and Hispanic residents by creating an unfair competition for disaster relief funds after 2017’s Hurricane Harvey. Buckingham has since called on federal law enforcement officials to reject the claim.

Republicans don’t care about medical research and cancer treatments, so why should they care about this? Good luck hiring back these workers after the next flood or hurricane or snowpocalyse. It’s just a matter of time.

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It’s been a rough flu season

Turning our attention to a different infectious disease.

The flu is inflicting more fever-coughing-aching misery across Houston and much of the U.S. than it has in years.

While most people will recover, thousands have already died during the 2024-2025 flu season, federal and state data released Friday show. In our corner of Texas, more than 900 people have died so far from pneumonia and influenza-related causes in the 16-county region that includes Harris, Montgomery, Fort Bend, Brazoria, Chambers and Galveston counties.

A child in Harris County is among those deaths, county health officials told Houston Landing. The child, who is not being identified, also had other health complications at the time they died in January.

“We all know someone who’s had flu this season,” said Dr. Ericka Brown, local health authority with Harris County Public Health. “For most people, it will run its course. You’ll feel terrible for seven to 10 days, maybe 14 days.”

“Unfortunately, though, we can never tell those who it will affect more severely, and we are seeing increased hospitalizations,” Brown said.

The current flu season is also happening amid what experts consider the worrying spread of a type of H5N1 avian influenza virus to new species of animals and a small number of humans.

Although health authorities continue to say the risk from H5N1 to the general public remains low, the virus has shown greater ability to infect and sicken a wider range of mammals, including dairy cattle and cats. This is raising concerns that H5N1 could  possibly become a pandemic virus for humans.

Nearly 70 human cases of H5N1 influenza have been reported across the U.S during the past year, with one of the first cases identified last year in Texas. On Friday, Wyoming health officials announced they had identified that state’s first human case of H5N1 influenza in an older woman who remains hospitalized.

There’s more, so read the rest. It’s not too late to get a flu shot if you want one – I get mine every year in September or October, but now is better than never. The flu vaccine has a lower rate of effectiveness than most other vaxes simply because there’s so many strains and the annual shot is a best guess at what will be most prevalent. It’s still going to improve your odds by quite a bit. Your Local Epidemiologist has more.

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Evolv sued over false advertising claims for its AI-aided weapons detection system

Of interest.

Mansfield ISD officials are standing by a new artificial intelligence-powered weapon’s detection system despite the technology’s maker facing a pending federal lawsuit for false advertising.

lawsuit from the Federal Trade Commission accuses Evolv of making false claims about the effectiveness of its AI system and its ability to detect weapons and ignore harmless personal items. Mansfield ISD has used Evolv’s system since the start of the 2024-25 school year.

The Evolv Express Weapons Detection System is a walk-through device that scans for illegal items such as guns, explosives and knives. Mansfield ISD requires all campus visitors to go through the systems, which are located at the main entrances.

The detectors are prone to flagging nonharmful items like binders, laptops, umbrellas and eyeglass cases, and students often must empty their bags for screening before entering school.

[…]

The FTC seeks to bar Evolv from making unsupported claims about its products’ ability to detect weapons using artificial intelligence. The settlement could also give certain school districts the option to cancel their contracts, which generally lock customers into multiyear deals.

Mansfield ISD is aware of the FTC lawsuit, which was filed in November 2024, Fortner said. However, administrators “are pleased with the product’s performance and plan to continue using it.”

“Evolv is just one part of our multifaceted safety and security plan in Mansfield ISD,” Fortner said. “Thus far, the Evolv technology has been effective in our environment for identifying weapons of concern.”

See here for the background. A copy of the lawsuit is embedded in the story. As noted before, as far as I know HISD has not kicked the tires on Evolv, though they are currently rolling out a different weapons detection system to their high schools. I’ll be interested to see how this goes, as the pressure being put on schools to beef up security will surely lead to more districts reaching for technologies like this to help them. I’m also curious to see if this lawsuit will even continue in the current environment – it’s my default assumption at this point that anything started under the Biden administration that’s not nailed to the floor will be thrown out by the Musk wrecking crew. But maybe this is far enough down on the list that they don’t get to it in time.

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Time for a measles update

One forty-six. And counting.

The number of measles cases associated with an outbreak in western Texas has grown to 146, according to new data released Friday.

Almost all of the cases are in unvaccinated individuals or individuals whose vaccination status is unknown, with 79 unvaccinated and 62 of unknown status. At least 20 people have been hospitalized so far, according to the Texas Department of State Health Services (DSHS).

Just five cases have occurred in people vaccinated with one dose of the measles, mumps, rubella (MMR) vaccine.

Children and teenagers between ages 5 and 17 make up the majority of cases with 70, followed by 46 cases among children ages 4 and under.

So far just one death has been reported in an unvaccinated school-aged child, according to DSHS. It marks the first measles death in the U.S. in a decade, according to data from the Centers for Disease Control and Prevention.

Gaines County is the epicenter of the outbreak, with 98 cases confirmed among residents, according to DSHS. State health data shows the number of vaccine exemptions in the county have grown dramatically.

Roughly 7.5% of kindergarteners in the county had parents or guardians who filed for an exemption for at least one vaccine in 2013. Ten years later, that number rose to more than 17.5% — one of the highest in all of Texas, according to state health data.

See here for the previous update, which was just two days ago and had 124 reported cases as of Tuesday. That’s 22 more cases from Tuesday to Friday, and as we know it’s an undercount. We just don’t know by how much yet. But because there are large populations of unvaccinated people, mostly children, there’s a lot of room for growth. In Texas and elsewhere.

You know who we haven’t heard anything from on this so far? Our elected state leaders. Don’t expect that to change.

But neither Gov. Greg Abbott nor lawmakers from the hardest hit areas have addressed the outbreak publicly in press conferences, social media posts or public calls for people to consider getting vaccinated. State and local authorities in West Texas have not yet enacted more significant measures that other places have adopted during outbreaks, like excluding unvaccinated students from school before they are exposed, or enforcing quarantine after exposure.

The response to Texas’ first major public health crisis since COVID is being shaped by the long-term consequences of the pandemic, experts say — stronger vaccine hesitancy, decreased trust in science and authorities, and an unwillingness from politicians to aggressively push public health measures like vaccination and quarantine.

“Everybody is so sensitive to the vaccine topic due to COVID,” said Ector County Judge Dustin Fawcett. “We need to be very careful about how we address this topic … Our job is to provide the resources, not to tell people what they need to do.”

If there was ever an appetite for more aggressive government response to a disease outbreak, it’s long gone in Texas, said Catherine Troisi, an infectious disease epidemiologist at UTHealth Houston.

“I think there’s less political will now” than before COVID, she said. “Texas is such an independent state. People don’t want to be told what to do, forgetting that what they do can affect others. And measles is an example of that.”

[…]

School districts in Texas are required to exclude unvaccinated students for at least 21 days after they are exposed to measles. Because measles is so contagious and can remain in the air for up to two hours after an infected person has left the area, large numbers of students could be excluded from school at once, Texas Department of State Health Services spokesperson Lara Anton said.

But to proactively exclude unvaccinated students before they are known to be exposed requires the Texas health commissioner to declare a public health emergency, which can be activated when there is a health threat that potentially poses a risk of death or severe illness or harm to the public. Anton said there are no plans to declare an emergency at this time, noting that more than 90% of Texans are vaccinated for measles.

State and local authorities are also recommending that unvaccinated people who have been exposed to measles quarantine at home for 21 days. But that quarantine period is not enforced or tracked, Anton said.

In Ector County, where there have been two confirmed cases, Fawcett said he doesn’t anticipate state or local authorities pursuing widespread shutdowns like during COVID.

“We haven’t really been given guidance of what perhaps even we should do” in case of a county outbreak, he said. “My best guess is to provide resources and information. There’s not going to be a call to quarantine, or any of that, unless an outbreak happens at a particular educational facility.”

In a statement, Andrew Mahaleris, Abbott’s press secretary, said Texas was prepared to “deploy all necessary resources to ensure the safety and health of Texans,” noting that DSHS was helping local authorities with epidemiology, immunization and specimen collection, and had activated the State Medical Operations Center to coordinate the response.

House Speaker Dustin Burrows, a Republican from Lubbock, said in a statement that he was closely monitoring the situation, and was praying for the family who tragically lost their child.

“At this time, there are no local unmet needs, but we are remaining vigilant and will respond as needed,” he said.

State Rep. Ken King and state Sen. Kevin Sparks, Republicans who represent Gaines County, did not respond to requests for comment about the measles outbreak. Neither they nor Abbott or Burrows have posted publicly about the outbreak.

I’ll give Judge Fawcett a bit of grace, since I’m sure he has people screaming in his face all day right about now. The DSHS spokesperson is just doing her job. All of the elected officials named in this excerpt are cowards, the whole lot of them.

Here’s an AP story on the Mennonite community at the heart of this outbreak.

The outbreak has particularly affected Gaines County and some adjacent areas.

While it’s not immediately clear which Mennonite community has been affected, the Gaines County area includes a community with a distinctive history.

Many other North American Amish and Mennonites trace their roots to immigration directly from Western Europe in the 18th and 19th centuries, said Steven Nolt, professor of history and Anabaptist Studies at Elizabethtown College in Pennsylvania.

In contrast, the Seminole area includes a community of Old Colony Mennonites, which has a much more circuitous history of migration, Nolt said.

Old Colony Mennonites migrated first to the Russian Empire, then to Canada, then to Mexico, fleeing government pressures to assimilate, according to Nolt. As economic conditions deteriorated in Mexico, some moved to such areas as Gaines County and other communities in Texas and nearby states in the 1980s and 1990s. All along, they have preserved their Low German dialect and other cultural distinctions.

Gaines County is also home to one of the highest rates of school-aged children in Texas who have opted out of at least one required vaccine, with nearly 14% skipping a required dose last school year.

“Historically and theologically, there has not been any religious teaching against immunization in Mennonite circles,” Nolt said via email. “There’s no religious prohibition, no body of religious writing on it at all. That said, more culturally conservative Mennonite (and Amish) groups have tended to be under-immunized or partially-immunized.”

Partly, he said, that’s because they don’t engage as regularly with health care systems as more assimilated groups do. Many traditional Anabaptist groups did accept vaccinations that were promoted in the mid-20th century, such as for tetanus and smallpox, but they have been more skeptical in recent years of newly introduced vaccines, Nolt said.

But Old Colony groups who arrived in the late 20th century also “missed the whole mid-century immunization push, as they weren’t in the U.S. at that time.”

The story notes that the Mennonites came to America after passing through multiple other countries because they had been oppressed for unlike other faiths. That right there is one of the founding stories of America. I’m very sorry this happened to them, and I hope everyone who is now sick or will become sick recovers fully. I also hope they take this opportunity to revisit their history with vaccinations. It’s the only way.

“Once you get this big an epidemic, and you get numbers up in hundreds or more, it’s almost inevitable you’ll see a childhood death, and maybe more,” said [Houston-based infectious disease researcher Dr. Peter] Hotez, the co-director of the Center for Vaccine Development at Texas Children’s Hospital and the dean of the National School of Tropical Medicine at Baylor College of Medicine. “…It’s really sad.”

[…]

The current outbreak is the state’s largest in 30 years and has already spread to neighboring New Mexico. Hotez and other experts don’t believe it will subside anytime soon, either, because measles is highly contagious. Up to nine in 10 people who are not vaccinated will become infected after being around measles, according to the CDC.

“I think these numbers will continue to accelerate for a while,” Hotez said. “So this is going to be a very large, very dangerous measles epidemic.”

[…]

How do you contain an outbreak once it’s begun?

The only efficient way is through a catch-up measles vaccination campaign. If your kids haven’t been vaccinated yet, now is the time to do it, and there’s two reasons. One, it will prevent you from getting infected. But even if you do get exposed to the virus, if you get vaccinated within 72 hours after exposure, it will either mitigate the symptoms or prevent you from getting the infection altogether.

The single most important thing you can do is a public relations campaign, set up as many vaccination clinics as possible, and really explain to parents the urgency of vaccinating. And also, for adults who have not gotten vaccinated.

I read somewhere this week (and then lost the link) that Lubbock had vaccinated over 100 people since the start of the outbreak. That’s good, but obviously there’s a long way to go. If you or someone you know hasn’t had their MMR shots, get them. If you only had one, get boosted. If you were born in the late 50s or early 60s, there’s a good chance the vaxx you got then was an older version that is no longer used because it was less effective. You know what to do. Reform Austin, the San Antonio Report, and Foolish Watcher – you get to scroll past some delightful reactions from true wingnuts who feel betrayed by some recent Trumpery – have more.

UPDATE: Oh, goodie.

As a measles outbreak thrusts Texas into the national spotlight, a San Antonio-area school has reported a case of another highly transmissible disease.

Charter school Legacy Traditional School-Cibolo on Friday confirmed to the Current that one of its first-grade students tested positive for rubella, sometimes referred to as “German measles” or “three-day measles.”

Despite the similar name and symptoms, which include a rash, rubella is different from measles, the highly contagious disease at the center of the Texas outbreak. State health officials have confirmed 146 measles cases as of Friday, and one child died earlier this week in a Lubbock hospital.

Sean Amir, the public relations manager at Vertex Education, Legacy Traditional School’s management company, told the Current that the charter school informed state and federal authorities about the rubella case and is now monitoring the situation.

“The school followed protocols to inform state health services and the Center for Disease Control[CDC], and they’ve been working closely with them to monitor and supply all protocols and safety procedures for students and staff on campus,” Amir added.

However, Texas Health and Human Services (HHS) spokesman Chris Van Deusen said the department isn’t aware of any rubella cases in the San Antonio area.

“No confirmed measles or rubella cases in Guadalupe or Bexar counties at this point,” Van Deusen emailed the Current at 11 a.m. Friday.

Although rubella is highly contagious, spreading primarily through respiratory droplets, it’s not as potentially dangerous as measles. Even so, the ailment can cause severe congenital disabilities such as deafness and miscarriage if contracted by pregnant women.

Yes, rubella is not the same as measles, but it’s still contagious and potentially very harmful. It’s the “R” in the MMR vaccine – mumps is the other “M” – so draw your own conclusions. I hope this young patient heals up fully and quickly.

UPDATE: Oh, boy.

The Houston Health Department on Friday was investigating two possible cases of measles, a development that comes as the massive Houston Livestock Show and Rodeo is drawing thousands of visitors into the city for livestock exhibitions, concerts and other events.

“The Rodeo is aware of the measles outbreak in west Texas and is closely monitoring the situation with the Houston Health Department,” the Houston Livestock Show and Rodeo said in an emailed statement Friday evening.

“For those that are unvaccinated or immunocompromised, measles, flu and even the common cold are illnesses that need to be considered,” the Rodeo organizers’ statement said. “Those that have health concerns may want to consider whether attending any large event is right for you. We look forward to a safe 2025 Rodeo.”

It’s unclear whether the two people in the city of Houston who are suspected of having measles – a highly contagious and dangerous disease – are children or adults, or if their illnesses are connected to the deadly outbreak in West Texas. A spokesman for the city’s health department would only confirm that two possible measles cases are under investigation and that no other information was being released at this time.

[…]

Meanwhile, other cases were being reported across Texas this week that appear to be unrelated to the West Texas outbreak.

On Friday health officials in Austin announced an infant had tested positive for measles, an exposure that occurred during a family vacation in another country. While the rest of the family was vaccinated, the baby wasn’t. Children typically aren’t vaccinated against measles until they are about a year old. The baby’s illness is the first measles case in Austin since 2019.

“As measles has arrived in our community, I’m calling on everyone to make sure they’re protected against this vaccine-preventable disease,” said Dr. Desmar Walkes, Austin-Travis County Health Authority.

On Wednesday, officials in Rockwall County announced that an adult resident of that area had been diagnosed with measles. That case also was not believed to be connected with the West Texas outbreak, county officials said.

In January, there were two additional measles cases in the city of Houston, also unrelated to the West Texas outbreak. Those two cases, which were linked to international travel, involved two adults who lived in the same household and were not vaccinated against measles.

That’s a lot of cases out there. Once again, we must hope that the Houston ones remain isolated. Did I mention that everyone who isn’t fully vaccinated really needs to do that?

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Turning office space into coliving space

Definitely worth considering.

Nationwide, commercial vacancies are becoming increasingly noteworthy as the gulf between residential rental rates and stagnant wages widens. Low-income earners, folks making between $20,000 and $30,000 annually (typically minimum wage employees, students and seniors living on Social Security), have been joining the ranks of the unhoused at an alarming rate due to the scarcity of affordable housing. Armchair economists and the like have been arguing for years that cities should repurpose these untapped resources into an opportunity to create dignified affordable housing that would keep those at risk off the streets and close to public transit options.

Pew Charitable Trust, along with international architectural firm Gensler, recently released their findings from a study on the subject — with Houston being one of two markets studied. The “Flexible Co-Living Housing Feasibility Study” found that converting Houston’s empty office buildings to communities of micro-apartments is, well, feasible!

“In the current climate of high construction costs, interest rates, building expenses, and rising rents, this project looks at the conventional office-to-residential conversion in a different way by leveraging the existing building infrastructure to reduce costs on a per unit basis,” Brooks Howell, principal architect at Gensler, tells CultureMap. “The result is a new housing typology, a co-living concept, that can provide affordable housing to the large and growing number of lower income single-person households in an urban context.”

HUD reported that in 2024 homelessness was at an all-time high of 770,000 persons, up a staggering 18 percent from the prior year. Houston is on the low end of the national average, with a reported 3,270 homeless persons (4/10,000 Houstonians). CoStar data shows that Houston’s central business district contains 88 office buildings of over 50,000 square feet, 19 of which show reported vacancy rates of over 30 percent. As of November 2024, the median rent in Houston for an apartment was $1,297. The proposed rental rate for a furnished micro-apartment in a converted office building in downtown Houston is $700 — all inclusive, with zero move-in costs, since the units are fully furnished.

“The U.S. has a housing shortage of 4-7 million homes, which has driven rents to an all-time high and made it hard to save to buy a home,” Alex Horowitz, a project director for Pew Charitable Trust and a co-author of the study, adds. “Houston has one of the highest office vacancy rates in the U.S., but office layouts often don’t work well for apartment conversions and carry high costs. This study finds that converting offices to dorm-style housing is cost-effective and can enable low rents — about $700 per month to live downtown. That could make a real difference for people struggling with high housing costs while revitalizing downtown.”

Co-living is hardly a new concept. “Single room occupancy” dwellings, or SROs, were extremely common up until about 1950. It’s worth noting that during the height of its popularity, homelessness was rare. The co-living model allows for a private furnished space, while bathrooms, kitchens, and laundry are shared facilities — much like a college dormitory. With 40 percent of renters being single occupants, this model promotes socialization and community, something that has been trending downward since the pandemic.

Wesley LaBlanc, principal analytics director for Gensler Chicago, adds that this elevated dorm situation is a “Jumping off point for a number of models,” noting that there are six variations from the one in the study. LeBlanc encourages people to “Think beyond the conventional. A whole world of housing solutions come out of this.”

The Pew/Gensler report proposes a prototypical building standard of 24 floors, 19 of which are residential, with 60 micro-apartments per floor, or 1,140 residential units per building. Each floor will offer six shared kitchen areas, five larger shared living spaces, two smaller shared living spaces tucked into interior hallways, two central shower areas with five private shower rooms each — 2 shower rooms will include toilets and sinks, plus two additional toilet rooms with four toilets and two sinks. The total comes to 10 showers, 12 toilets, and 14 sinks per floor. Two laundry rooms, each with three washers and dryers are also available per floor.

The high cost of converting office buildings into fully-plumbed, individual studio apartments can be cost prohibitive, leading a pragmatic Howell to ask: “What if we didn’t demo everything?” The utilization of existing centralized plumbing on each floor saves an average of 25-35 percent in construction costs that would arise from running new plumbing to each unit.

I’ve written about coliving before (without the hyphen, which made my initial search for that post more complicated than it needed to be). It’s a good idea, there’s already some development for it in Houston. This would be a good use of some surplus office space. The Lege is pushing office conversions as well, though that’s more about zoning and not as relevant here. Read the study and see what you think.

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Beware the egg smugglers

I admit, I giggled a little at this.

Image credit: RubberBall Productions via Getty Images

Since January, Texas area CBP officers have encountered more than 90 people attempting to import raw eggs from Mexico.

As egg prices in the U.S. are hitting record highs, the price of eggs in Mexico is well below half of U.S. prices.

One Instagram user in Mexico City posted a video showing off a dozen eggs costing 41 pesos which is about the equivalent of two U.S. dollars.

But U.S. officials are warning Americans not to scramble across the border looking for a sunny side up bargain.

Donald R. Kusser, director of field operations at CBP’s Laredo Field Office, took to social media with a public plea asking ports of entry crossers to lay off the eggs.

“Travelers are prohibited from bringing fresh eggs, raw chicken, or live birds into the United States from Mexico,” the video message said. “Failure to declare may lead to potential fines.”

Texas Area CBP agriculture specialists issued 16 civil penalties totaling almost $4,000 linked to the attempted smuggling of prohibited agriculture and food products, including raw eggs, according to a CBP news release.

The rate of attempts to illegally bring eggs across the border has escalated in the past year. Between October 2024 and February 2025, the number of eggs confiscated at U.S. ports of entry was 29% higher than it was in the period the year before.

There are legitimate reasons why eggs are prohibited items at the border, bird flu being a big one. But the thought of these hard-boiled CBP agents (sorry, not sorry) staging a photo op in front of several dozen confiscated eggs, as they would for a major drug bust, makes me crack a smile (no, seriously, I’m not going to apologize). Anyway, here’s a little tribute to a time when smuggling was more serious business.

Now back to our regular programming.

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HISD’s looming school closures

Boy is this going to be fun.

Houston ISD Superintendent Mike Miles plans in the coming months to propose closing an undisclosed number of schools in the summer of 2026, as the district faces a tight budget and enrollment losses.

Budget plans published by the district Thursday detailed the timeline for considering closures, though they didn’t identify a number of campuses that will be targeted or the amount of money HISD’s state-appointed superintendent hopes to save. HISD won’t close any of its 270 schools ahead of the 2025-26 school year, the documents show.

HISD Communications Chief Alexandra Elizondo said she could not immediately comment on the plans, which were outlined in documents published ahead of the district’s first budget workshop.

“It will be discussed in the fall,” Elizondo said.

HISD’s state-appointed school board must approve any campus closures for the changes to take effect.

The plans come after HISD has lost over 30,000 students over the last five years, meaning “school closures must be considered,” district administrators wrote. HISD leaders are projecting another 8,000-student decline next school year, which would leave the district with about 170,000 students.

A combination of factors have triggered the enrollment losses, including thousands of students leaving for charter schools and declining birth rates. Frustration with Miles’ overhaul also has driven some families to leave HISD, though the number who have left for that reason remains unclear. Schools in Miles’ transformation model lost students at a faster pace than other campuses this year.

The enrollment losses have left HISD with dozens of schools operating at a below-average “building capacity,” which describes the number of children enrolled relative to the maximum number of students that the campus can hold.

In 2023-24, the most recent year with available district data, HISD had 36 schools operating below 50 percent capacity. Another 46 campuses were at 50 percent to 67 percent capacity.

Several large Texas school districts, including Aldine, Austin and San Antonio ISDs, have closed schools in the past few years due to enrollment losses that left many buildings partially empty.

The prospect of school closures has loomed over HISD for several years. Before Miles’ June 2023 appointment amid a state takeover of HISD, the district’s two previous superintendents — Grenita Lathan and Millard House — both said HISD needs to seriously consider closing schools.

We have discussed this before, and there’s no easy way to go about this. Closing a school has a real negative effect on a neighborhood. But it doesn’t make sense to have a bunch of underused buildings, and barring a massive turnaround in enrollment this is going to happen one way or another. There’s a part of me that’s happy that it will be Mike Miles and the appointed Board of Managers that will have to deal with all the turmoil this will stir up. He’s more than earned that.

The Chron gets into some of the budget details.

Due to enrollment decreases and the ongoing legislative session, the district wrote that the 25-26 draft budget “remains conservative, yet ambitious.” The district based the budget on expectations that the Legislature would provide funding for increased teacher salaries and increase the basic allotment by $220 per student during the current legislative session.

The district wrote that it is estimating to get $243.5 million in additional revenue, although the overall net increase would only be $75.5 million due, in part, to the loss of funding caused by declining enrollment. HISD projected that it would lose $67 million in the upcoming fiscal year due to the projected loss of approximately 8,000 students.

To increase revenue, HISD is estimating that it will receive $44 million as part of potential basic allotment increases, $32 million for teacher salary increases, $10 million for security grants and $30 million from other financing sources, according to the budget documents.

According to HISD, it plans to cut more than $208 million from the budget in the 2025-26 academic year, including $57 million in expenditures for recapture costs, $47.2 million due to declining enrollment, $30 million in cuts to department budgets and $16.7 million in one-time expenditures.

It also plans to add $71 million in additional expenditures, including $21.6 million more for teacher salaries, $10.4 million for incentives for teachers at New Education System schools, $8.9 million for debt payment, $5.5 million for Central Office employee salary increases and $5 million for pre-K expansion and support.

HISD wrote that it also plans to invest $100 million in the next two years into the “most urgent security and health projects,” including $40 million in the 2025-2026 school year for capital improvements in security and health, which is in addition the typical funds spent on maintenance and capital improvements.

“We … encourage the board to ensure that the public has timely, accessible information for meaningful feedback. Long-term financial planning should be a priority,” said Trista Bishop-Watt, with Houstonians for Great Public Schools. “Enrollment has been declining in the district for over a decade now, and that underscores the need for careful future planning.”

HISD also wrote that it plans to maintain 130 schools in the New Education System for the 2025-26 school year, unless a campus earns a F rating in the Texas Education Agency’s accountability ratings in June 2025. If so, the district would move up to five schools that earn F ratings to NES, according to the budget presentation.

Sure would be nice if the Lege upped the per-student allocation to catch up with inflation, but we know that’s not going to happen. The Board will approve whatever Miles puts forward, so don’t expect much to change from here unless the Lege does something unexpected. The Press has more.

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CenterPoint’s useless generators officially sent to San Antonio

They will not be useless there.

No longer seen at I-10 and Sawyer

Texas’ main grid operator on Tuesday approved a $54 million plan to replace two aging natural gas-powered plants near San Antonio with the massive mobile generators that CenterPoint Energy came under fire for not deploying in the wake of Hurricane Beryl in July.

Under the plan, 15 mobile generators currently leased by CenterPoint will be moved from Houston to San Antonio this summer. Customers across the state grid will pay the estimated $54 million cost to move, connect and operate the diesel-fueled generators.

The Electric Reliability Council of Texas board unanimously approved the agreement on Tuesday after San Antonio’s municipal utility, CPS Energy, said in March that it planned to retire three of its gas-powered units at the Braunig Power Station this year. Each of those units is roughly 60 years old — decades older than gas-powered plants are typically built to last.

ERCOT said that the loss of those units, which sit near a problem area in the state’s transmission infrastructure, would increase the risks of power outages across the grid. Transmission capacity has not kept up with an increasing demand for power in North Texas, causing a bottleneck in the San Antonio area where the risk of overloaded lines and widespread outages increase when wind and solar power from South Texas come pouring in.

In December, ERCOT agreed to reimburse the utility $50 million to keep one of the three units, Braunig 3, running.

Tuesday’s decision allows the other two units, Braunig 1 and 2, to be retired this year. Their capacity will be replaced by CenterPoint’s large mobile generators, each of which provide around 30 megawatts of generation. (ERCOT estimates that one megawatt can power around 250 homes.)

“This is a solution to bridge that gap, to lower that chance of load shed,” or rolling outages, Bill Flores, chair of the ERCOT Board of Directors, said Tuesday. “Load shed has a severe cost. We’re trying to avoid that, but you have to spend money, essentially, for insurance to avoid that.”

CPS Energy, San Antonio’s utility, is working on expanding transmission infrastructure to address the bottleneck, but that project will take years to complete. State regulators and lawmakers are also focused on how to build out transmission to address increasing demand for power across the state.

See here for the background. I’m glad something productive will come out of this fiasco, for a relatively minimal cost. Just, maybe it should be CenterPoint who absorbs that cost. They can afford it. The Chron has more.

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Dispatches from Dallas, February 28 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: news from the Lege that will affect traffic and transit in north Texas; things the city is doing in Dallas; where is our Dallas Mayor?; more on DPD hiring; a second death at the Tarrant County Jail; a Muslim-centric neighborhood plan in the exurbs draws our governor’s ire; Fort Worth ISD news and opinions; a Fort Worth area civil rights hero has passed; Patriot Mobile does Black history; McSweeney’s mocks UNT Denton; and new baby (well, young) capybaras at the Dallas Zoo. And more!

This week’s post was brought to you by the music of Hilary Hahn, a classical violinist whose work I have always enjoyed. I haven’t had the pleasure of seeing her in person, but I always have high hopes.

The biggest and most unfortunate news in the Metroplex has already been covered by our host yesterday: there’s measles in the Metroplex. Rockwall, the county seat, is a second-ring suburb on the eastern side of Dallas out I-30 past Rowlett, which is a little closer to home than this eastern Dallas resident likes to contemplate. I’m waiting to hear back from my doctor about what steps I should take as an older woman with autoimmune issues who had the one-shot version of MMR as a child.

Meanwhile, our public health authorities are preparing for the spread of measles in north Texas. As mentioned in this article, the case in Rockwall County came from abroad and they don’t think the individual had a lot of contacts while contagious. The DMN is both using the news of the west Texas cases to encourage folks to get vaccinated and telling you whether you need the booster and the Star-Telegram is telling Fort Worth what they need to know, which is more factual and less editorial. Maybe that’s more convincing to their readership. Anyway, let’s all hope that many of the folks who are vaccine-hesitant for unscientific reasons get over it and get themselves and their kids vaccinated.

In other news:

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First Texas measles death recorded

Very sad.

A school-aged child has died in Lubbock from measles, the first death reported in an ongoing outbreak that has infected more than 120 people in West Texas since January, Texas Department of State Health Services confirmed on Wednesday.

According to state officials, the child, who was unvaccinated, was hospitalized in Lubbock last week. It is not clear whether the child lived in Lubbock or where the child was infected with the measles. The Associated Press first reported the death on Wednesday.

The last time a person died of measles in Texas was in 2018 when a 10-year-old living in North Texas died. That death was not connected with an outbreak and it was not known if the case was connected to international travel at the time.

[…]

The Lubbock Health Department has hosted vaccine clinics several times this week. It is open to people who have not received the two recommended doses of the MMR vaccine, which protects against measles. Katherine Wells, director for the city health department, said there is a potential for the virus to spread more as spring break approaches.

“The more cases we see, the more potential there is for spread,” Wells said. “People who are exposed and have been told they are exposed by public health need to stay home.”

Wells said if people get vaccinated this week, it would be fully effective in two weeks. During the vaccine clinics over the weekend, Wells said they gave between 100-150 additional measles-mumps-rubella-varicella, or MMRV vaccination, than they normally would.

About an hour south of Gaines County, Ector County Judge Dustin Fawcett said he and his wife are concerned about measles because they have an 8-month-old son who is below the recommended age to receive the MMRV vaccination. Two cases of measles have been reported in Ector County, according to the state. One case was an infant under a year old who was hospitalized.

“It’s the young children I’m most concerned about,” Fawcett said. “I’m concerned about our daycares and our elementary schools.”

If Ector County identifies three measles cases from separate households, the state health department could allow the county to deliver vaccines to individuals younger than a year old.

Following the news that one Texan had died of measles, Fawcett urged his constituents to stay informed and not to panic.

“This is not code red, we don’t need people running out getting tested,” Fawcett said. “If people have concerns, call a doctor.”

And we could be seeing cases in other parts of the state if we’re unlucky. Too soon to say, and perhaps the timing will work out for us. Be that as it may, the infection count as of Tuesday was 124.

A measles outbreak in northwest Texas grew to 124 cases in nine counties on Tuesday, and health officials warned that residents in other parts of the state may have been exposed to the highly contagious respiratory illness.

The state’s largest measles outbreak in more than 30 years has already spread to neighboring New Mexico, which reported nine cases on Tuesday. The latest update from the Texas Department of State Health Services Texas now includes a handful of cases in the northernmost part of the Panhandle and potential exposures in San Antonio and San Marcos.

The outbreak is still concentrated in school-aged children, who account for 101 of the 124 cases. Only five of the cases are among individuals who have received the vaccine that protects against measles, mumps and rubella; the rest are among individuals who are unvaccinated or whose vaccination status is unknown.

[…]

Texas has not seen such a large measles outbreak since 1992, when the state reported 1,097 cases, a review of DSHS data shows. Houston also reported a pair of measles cases last month, but officials said they do not appear to be connected to the larger outbreak.

Gaines County, located in the South Plains region along the New Mexico border, remains the epicenter of the outbreak. The small county reported 80 cases on Tuesday, accounting for roughly two-thirds of all cases in the outbreak.

Nearby Terry County reported 21 cases, just one more than it reported Friday. Dawson County reported seven, also an increase of one since Friday.

Dallam County, the furthest northwest in the Panhandle, reported its first four cases on Tuesday. Martin County also reported its first three cases.

Yoakum County reported five cases, Ector County reported two, and Lubbock and Lynn counties each reported one.

Gaines County’s population is around 22K, so about 0.36% of the total. If 0.36% of Harris County were infected, we’d be talking over 17,000 people. Keep that in mind.

Also keep in mind, Kennedy vowed to investigate the childhood vaccine schedule that prevents measles, polio and other dangerous diseases, despite promises not to change it during his confirmation hearings.

I’m filled with confidence. How about you? ABC News, the Press, the Houston Landing, Your Local Epidemiologist, and the Current have more.

UPDATE: Yikes.

The first case of measles has been reported in Rockwall County, county officials confirmed Wednesday.

The Rockwall County Commissioners Court said in a news release that the case was reported to them Tuesday by the Texas Department of State Health Services.

The patient was not identified, but the release specified they are an adult and that all of their direct contacts have been notified for observation.

Officials said they do not believe the case is connected to the recent measles outbreak in West Texas, but added they are “closely monitoring the situation to swiftly identify and address any new cases.”

Rockwall County is east of Dallas, and many hundreds of miles from Gaines County. I suppose it’s a good thing if indeed this case is not related to the Gaines County cases, but on the other hand it may suggest that this outbreak is wider and deeper than we first thought. Here’s hoping this case is like the two in Houston and doesn’t grow beyond that.

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MetroNow

Here’s the Temu version of MetroNext.

The Metropolitan Transit Authority unveiled new details Monday on its MetroNow initiative, the seeming replacement for the voter-approved MetroNext plan.

MetroNow first was announced as part of budget discussions for fiscal 2025 when the agency announced it would be investing $33.6 million of its operating budget and $173.8 million of its capital budget toward initiatives that focus on the customer experience. At the same time, the agency announced cutbacks in plans associated with MetroNext.

Those initiatives now have coalesced into a broader plan with a stated focus on increasing ridership and improving the customer experience. At a launch event for Metro’s new direction on Monday, agency leaders discussed safety, cleanliness, reliability and accessibility.

“We are calling this set of initiatives MetroNow because before we develop anything else, we are going to take care of some crucial issues, fundamental issues now,” Metro board Chair Elizabeth Gonzalez Brock said.

Those focuses square with what advocates say are fundamentals of an effective transit system, but the details will be key, one advocate said Monday.

“We want to make sure that all of those things are implemented in a way that truly prioritizes riders and uses Metro funds to serve their customers,” said Peter Eccles, director of policy and planning for transit advocacy group LINK Houston.

[…]

Brock announced a bevy of investments in partnership with other entities around the region, including $10 million to Mayor John Whitmire’s homeless initiative.

Other investments announced by Brock include $100 million in major thoroughfare improvements with Harris County Precinct 3, a $200 million traffic relief plan for the Inner Katy freeway in partnership with the Texas Department of Transportation and the city of Houston, and $300 million on a Gulfton revitalization project in conjunction with the city and Harris County Precinct 4.

Both Inner Katy and Gulfton originally were slated for bus rapid transit lines as part of MetroNext, but changes will be coming. Gulfton still could include a BRT component, but the agency is relying heavily on community input via Harris County Precinct 4 Commissioner Lesley Briones’ office on what its involvement in a revitalization project would look like.

The same cannot be said for the Inner Katy project, which Brock said largely will be driven by TxDOT’s design of the managed lanes project. As part of Metro’s budget last fall, the Inner Katy project was referred to as a high occupancy vehicle, or HOV, project.

“We’re having to work around (TxDOT’s design), but we’re also desperately prioritizing direct access into downtown,” Brock said.

Despite the changes in terminology and planning, Eccles said he was encouraged that parts of the voter-approved MetroNext plan remain in the planning process for the transit agency.

MetroNext was a plan that previous agency leadership said would drastically change public transit in Houston, including the development of three BRT routes and multiple BOOST corridors. In 2019, voters approved $3.5 billion in bonds for the initiative, none of which have been sold.

After Whitmire took office and appointed Brock and other new board members, the transit agency shelved plans for the University BRT line and altered plans for the other two. Instead, the agency has focused largely on public safety and being more frugal with tax dollars.

“A lot of key components of MetroNext are still moving along,” he said, pointing at the development of BOOST routes – a program to improve sidewalks, bus shelters, and accessibility along certain high-ridership routes. “Some version of a project in Gulfton and Inner Katy were also key parts of MetroNext, and that seems to be moving forward.”

We’ll see about that, as there aren’t many details yet and I don’t have much faith in the current Metro leadership. I will never not be mad about the way they casually tossed aside the Universities Line. If we do get some form of the Inner Katy Line that will be better for me personally, but the system overall is still worse off for not doing the big project that’s 20 years overdue by now. It says a lot about the era we’re in now that “well, it’s not as bad as it could have been” is being seen as a win.

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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.

Posted in Legal matters | Tagged , , , , , , | 5 Comments

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.

Posted in Election 2024, School days | Tagged , , , , , , , | 1 Comment

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.

Posted in The great state of Texas | Tagged , , , , , , , , , , , , , , | 1 Comment

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