City reaches collective bargaining agreement with HOPE

Good.

Mayor John Whitmire

Houston municipal workers will get raises of 12.5 percent over three years under a tentative contract announced by the mayor and union officials Monday.

Under the proposal, all employees will receive an additional $116 per pay period, about $3,000 more a year. The contract will raise minimum pay each year and increase base wages for all eligible employees by 3.5 percent in the second and third years.

Houston Organization of Public Employees, or HOPE, represents more than 13,000 city workers in departments ranging from the 311 call center operators and library employees to Solid Waste and Public Works crews.

“This is the biggest raise we’ve ever gotten,” Sonia Rico, HOPE president, said after the news conference announcing the tentative contract.

The city did not put an overall price tag on the contract Monday, but Mayor John Whitmire said the first-year raise already is calculated into the fiscal 2025 budget.

The minimum wage for city workers will be $16.75 per hour. That will increase to $17.25 an hour in the second year of the agreement and $18 an hour in the third.

The union endorsed Whitmire for mayor last year as the “worker friendly” candidate, and Rico said she worked tirelessly to help with his campaign.

“He understands the importance of having a union, and that’s big for us,” Rico said after Monday’s news conference announcing the tentative contract.

A majority of union members and City Council must sign off on the agreement before it is enacted.

Good for them. We’ll be hearing from the Mayor soon about his magic fix for city finances. I’d be a little concerned as a non-police or fire employee that the budget cuts he keeps talking about will mean layoffs and hiring freezes and the like. We’ll know in a few weeks. The Chron has more.

Posted in Local politics | Tagged , , , , , , | 2 Comments

Texas blog roundup for the week of September 23

The Texas Progressive Alliance stands with the people of Springfield, Ohio (who among other things deserve to have a Senator that actually represents them) as it brings you this week’s roundup.

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Interview with Ruth Kravetz

On Monday you heard the case for the HISD bond referendum. It’s fair to say there’s a lit of loud opposition to the referendum, with most of that opposition coming from people and organizations that are normally big boosters of public ed and HISD and would be expected to be in favor of such a thing. Ruth Kravetz and Community Voices for Public Education are prime examples. Kravetz is a former teacher and education activist, one of the leaders of CVPE, a prominent voice in education advocacy in Houston. They are also leading critics of Mike Miles and the HISD takeover, and now of the bond referendum. If you’ve heard the phrase “No trust, no bond”, you’re hearing their message. We talked about that and more in the interview:

Next week I’ll be talking to the League of Women Voters and Harris County Clerk Teneshia Hudspeth about the challenges of this election and what to look forward to. As always, let me know what you think.

PREVIOUSLY:

Erica Lee Carter, CD18 special election
Sylvester Turner, CD18 general election
Lindsay London, Amarillo Reproductive Freedom Alliance
Plácido Gómez and Dani Hernandez, for the HISD bond

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One “Trump Train” defendant found liable

The rest were cleared.

An Austin jury cleared all but one of six Donald Trump supporters who were accused of breaking federal law when they surrounded a Joe Biden campaign bus driving down a Texas highway days before the 2020 election.

The seven-person jury, which deliberated for most of Monday, said just one of the defendants, Eliazar Cisneros, violated the Ku Klux Klan Act of 1871 when the so-called Trump Train — a monicker for caravans to show support for the former president — drove up to the bus as it traveled north on Interstate 35 between San Antonio and Austin on Oct. 30, 2020. The group, which included dozens of vehicles on the highway that day, forced the bus to slow to a crawl.

Cisneros was ordered to pay $30,000 in punitive damages to the plaintiffs and $10,000 in compensatory damages to the bus driver, Timothy Holloway. Cisneros’ lawyer asked the judge to throw out the decision after it was announced. If the judge rules against Cisneros, he can appeal the jury’s decision to the Fifth Circuit Court of Appeals.

Both plaintiffs and defendants claimed Monday’s verdict as a victory.

[…]

“Each of us really had one interest at heart, and that was making sure that in elections going forward, people will understand that it is not acceptable to intimidate, harass and threaten people who want nothing more than to express their right to support the candidate of their choice,” said former state Sen. Wendy Davis, who was one of the plaintiffs.

Christina Beeler, a lawyer for the Texas Civil Rights Project, which helped represent the plaintiffs, said they were pleased the jury awarded punitive damages, which sends “a message to the public that threats, intimidation and violence have no place in American elections.”

“Today’s verdict is a win for our clients, and it’s a win for American democracy,” she added.

See here for the previous update. That was a pretty quick verdict, so I’d guess it wasn’t terribly contentious. I would of course have liked to have seen all of the defendants be held liable, but at least they didn’t all get away with it. Now I would like to see some respected legal analysts take a look and this case and tell me if they think this verdict was good, bad, or indifferent. I mean, I do recognize that a lawsuit based on a Reconstruction law may be a bit of a stretch; surely, we have no muscle memory for that sort of thing. But I’m not the expert, and that’s why I’d love to hear from some of them. A full statement from the plaintiffs is beneath the fold, and Reform Austin has more.

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Appeals court rejects Paxton in State Fair gun case

Good.

Howdy, folks

A Texas court of appeals has denied the request by Texas Attorney General Ken Paxton to block a gun ban by the State Fair of Texas. The fair will go forward this weekend with the gun ban in place.

The request was denied by the 15th Court of Appeals in Dallas County on Tuesday afternoon. This came after Dallas County District Court Judge Emily Tobolowsky’s ruling Thursday allowing the State Fair of Texas to proceed with its policy.

“The State Fair of Texas applauds today’s unanimous ruling by the Fifteenth Court of Appeals,” the State Fair of Texas said in a statement. “The State Fair believes our new weapons policy is within the law and we look forward to welcoming fairgoers on Opening Day of the 2024 State Fair.”

In a post on X following the ruling, Paxton said he would be challenging the decision immediately in the Texas Supreme Court.

“The City of Dallas and the State Fair of Texas cannot nullify state law by banning firearms,” Paxton wrote.

See here and here for the previous updates. Some stories like this one from the Statesman suggest that this court’s ruling, its first of any interest, is “an early sign of the court’s independence”, despite its creation as a workaround to the now mostly Democratic appellate courts around the state. I’m not willing to go anywhere near that far on one no-comment order, but it is nice to see a Republican panel not give Ken Paxton room service treatment. Now we’ll see what the Supreme Court does, as he will surely appeal again. The Trib, Texas Public Radio, and NBCDFW have more.

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

Paxton appeals State Fair ruling

As expected.

Howdy, folks

Days before the State Fair of Texas is set to begin, Texas Attorney General Ken Paxton is again seeking to block enforcement of the fair’s new policy banning most people from bringing guns to the fair this year.

Paxton on Friday filed a motion in the Court of Appeals for the 15th Judicial District seeking to block enforcement of the policy pending his appeal of Dallas County District Court Judge Emily Tobolowsky’s ruling Thursday allowing the State Fair of Texas to proceed with its policy.

The court requested a response to Paxton’s motion seeking to block the policy by noon Tuesday. The State Fair of Texas begins Friday, Sept. 27 and runs until Oct. 20.

“The City of Dallas and the Texas State Fair are not above the law, and we are seeking emergency relief to uphold Texans’ Constitutionally-protected Second Amendment rights,” Paxton said in a statement. “The State Fair’s policy—by which law-abiding citizens could not defend themselves—does not make the environment safer, it merely gives an advantage to criminals looking for victims.”

Paxton had sought a court order against the State Fair of Texas and the city of Dallas to block the enforcement of the gun ban. Dallas County District Court Judge Emily Tobolowsky denied Paxton’s request for an injunction Thursday. Following this denial, Paxton filed a notice of accelerated appeal.

In response to Paxton’s court filing giving notice of his intent to appeal, the State Fair of Texas in a statement said they maintain the policy is the “right decision.”

“We anticipated an appeal, but continue to maintain this policy is the right decision moving forward to ensure a safe environment and family-friendly atmosphere. The State Fair of Texas will continue to prioritize safety,” the statement read.

See here for the previous update. As noted elsewhere, this will be the first real case for the new 15th Court of Appeals and its three Abbott-appointed justices. Feel free to speculate about how politics might possibly be a factor in their deliberations. They will have to move fast, so expect a ruling probably by tomorrow. CBS News has more.

Posted in Legal matters | Tagged , , , , , , , , , , | 1 Comment

The yarn-based activists against the HISD bond

I don’t know how big this group is, but they are visible.

Jessica Catrett sat cross-legged on the grass beside Sophie Grace-Rojas, a Project Chrysalis Middle School student, with bundles of yarn on a breezy Sunday morning outside the Houston Federation of Teachers’ office.

“Alright, so now you’re going to yarn over and pull it through those two,” Catrett said, pointing to mimic the movement above Grace-Rojas’ gold crochet hook.

“You got it,” Catrett said, as the sixth grader slowly pulled the pink section of her rainbow yarn to tack on another stitch. “It just takes some practice to get the mechanics of it down. But yeah, definitely if you make your first row kind of loose, it does help,” Catrett explained with a nod from Grace-Rojas. “And then you can get a little tighter as you go further.”

About eight adults and nine children gathered, the youngest enjoying Popsicles, to create signs protesting Houston ISD’s state-appointed leadership. Grace-Rojas was one of several children who learned how to stitch or crochet. Colorful signs of yarn declaring “NO BOND UNDER MILES” and “SAVE HISD” lay unfurled on the grass, ready to be propped up for display with PVC pipes outside the teachers union’s office.

Houstonians might recognize these signs that are sprinkled around the city in front yards and at location such as Antidote Coffee in the Heights, Black Hole Coffee in Montrose, Texas Environmental Justice Advocacy Services in the East End, and CLASS Bookstore near Texas Southern University. The group Houston Stitching Together protests HISD leadership and an upcoming $4.4 billion bond on the November ballot, which some people say they will not vote for without improved transparency from district leadership. The collective’s meetings have become a space for people of any skill level to craft, learn to craft, and get to know one another.

The effort is a cathartic way for people to talk about the takeover’s effects, parent Jae Park said. An avid crafter, she joined the initiative early.

HISD community members responded online to photos of their signs and felt supported, she said.

“And then I think that feedback encouraged us to just kind of keep going and create,” Park said.

The embedded photo is an example of their work near my house, at Antidote Coffee. It’s a pre-dawn picture, so the background is a little dark but you can see what they’re saying. I don’t want to oversubscribe to a movement based on a small number of passionate and visible people. They can and often do punch above their weight, but there’s gonna be close to a million votes in this HISD bond election. You’re going to have to do a lot of crafting to get your message out in front of that many people. I do consider this to be solid evidence of the energy on the “no trust, no bond” side of the equation, and that’s a small part of the reason why I’m skeptical of any poll that doesn’t at least show a close race (and I’m skeptical of those other polls, too).

While the pro-bind side has some great spokespeople – listen to yesterday’s interview with Trustees Plácido Gómez and Dani Hernandez to hear what I mean – I haven’t seen any sign of a campaign from them yet. They’ve already got a lot of ground to make up, and not a lot of time to do it. There’s a lot more to this story so go read the rest.

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

Endorsement watch: Still catching up

A couple of endorsements of interest for you. First, the Chron stuck with incumbent Sheriff Ed Gonzalez.

Sheriff Ed Gonzalez

A routine inspection of the state’s largest jail really shouldn’t garner headlines. Meeting “minimum safety standards” should never be cause for celebration for a facility designed to house thousands of people who, under the law, are innocent until proven guilty of the criminal charges they’re facing.

Yet when the Texas Commission on Jail Standards delivered a certificate of compliance last month to the Harris County Jail, it was hailed by Sheriff Ed Gonzalez as “an important achievement,” a reflection of how low the jail’s standards sank during Gonzalez’s second term. It was the first time in two years that the jail passed its four-day inspection, a hopeful sign that Gonzalez has finally begun to root out a culture of violence and inhumane treatment that has turned the facility into one of the deadliest jails in the state.

For Gonzalez, 55, the timing of the jail certification was fortuitous. He is running for a third term as county sheriff, a point at which even popular politicians begin to wear out their welcome. Gonzalez, a Democrat, is a former homicide detective, hostage negotiator and District H City Council member. He is generally well-liked and seems to strike that difficult balance between crime fighter and compassionate reformer. Yet naysayers, including but not limited to his Republican opponent Mike Knox, contend that Gonzalez lacks fire and a sense of urgency, particularly regarding his stewardship of the jail.

“We’ve seen rapes in the jail, we’ve seen drug dealing in the jail, we’ve got lawyers importing drugs,” Knox told us during our endorsement screening last week with Gonzalez. “I think that’s primarily due to the lack of supervision. That is, the policies within the sheriff’s department are not bad policies; they’re just not being enforced.”

He has a point. While Gonzalez doesn’t have any control over who comes into the jail and how long they stay there, he has failed to create a safe environment for detainees and guards.

[…]

Gonzalez pointed to mitigating circumstances beyond his control which have made it difficult to bring the jail population down. The combination of Hurricane Harvey in 2017 and the COVID-19 pandemic, he says, “brought the near collapse of our local court system,” snarling cases and trials for months, and creating a massive backlog of felony cases that contributed to an uptick in crime. An enormous population of mentally ill defendants has turned the jail into one of the largest mental health facilities in the state, despite having a staff largely unqualified to care for them. A 2023 Houston Landing analysis found that 60% of the people who died of unnatural causes in the jail over the past decade had “documented mental health concerns.”

Amid all of these challenges, Gonzalez can still point to real signs of progress. In-custody deaths have decreased in the past two years, from 27 in 2022 to seven so far this year, and Gonzalez noted there are fewer suicides than at any other point in his tenure. He was able to secure 12% pay raises from Commissioners Court last year for jail staff, and poured $20 million into filling vacancies, which have declined from 180 to 139 over the past three months. To improve transparency and accountability, Gonzalez pushed for the county to fund body cameras, the first jail in the state to require officers to wear them.

“It’s been a long road, it’s been a challenging one,” Gonzalez told us. “We’re currently in compliance and we’re going to continue to work very hard to maintain that and improve that.”

The Chron’s recommendation of Sheriff Gonzalez was partly based on the aforementioned progress and partly on challenger Knox’s policy positions and lack of knowledge. I intend to interview the Sheriff in the coming weeks, so I hope to be able to talk about this stuff.

The Chron also endorsed challenger Melissa McDonough over first-term CD38 Congressman Wesley Hunt.

Melissa McDonough

The world needs more candidates like Melissa McDonough. Not only is the moderate Democrat willing to wage an uphill battle for a congressional seat tailor-made for a Republican and currently represented by a Trump-endorsed Iraq War veteran elected in 2022 by 28 points. She assembled a focus group of Republicans, including her own pastor, to learn what exactly they were looking for in a politician.

The answers surprised her. They didn’t want all the talk about her background or qualifications or policy platform. They didn’t want talk about Hunt’s missteps, including those that have led to a formal ethics investigation. They wanted action.

“What we discovered in our Republican focus group is just: ‘Tell me you’re gonna get it done and go do it,'” McDonough told the editorial board. “‘Just tell me you’re going to fix this. You’re going to work diligently on it, and it’s going to be your full-time job.'”

With that simplified message, McDonough, 52, a Realtor from Tomball, says she has attracted many Republicans to volunteer for her in a district gerrymandered to include urban neighborhoods within the 610 Loop such as River Oaks and cities on the outskirts of Harris County such as Cypress. It’s a “purple” coalition bound by commonsense positions on issues such as reducing gun violence by passing legislation to supply safes to gun owners; improving access to health care by using federal dollars to fund health clinics in public schools; and even — to her surprise — abortion, where she’s appealed to voters who care about bodily autonomy and understand that the procedure is sometimes necessary to save the life of a mother.

McDonough says her pastor told her: “‘Melissa, this is a needle and a little hole you’re trying to thread. And I’m like, ‘I know, but we can do it, and it can happen, and it is happening.’ So I love that we’re able to bring these purple solutions and just keep going with it.”

It helps McDonough that Hunt, 42, has had a rocky first term in office. While he’s an active surrogate for Donald Trump, crisscrossing the nation to appear at his rallies and even getting a coveted speaking slot at the Republican National Convention, he appears to be less active as a legislator. According to GovTrack, a nonpartisan database that monitors Congress, Hunt has missed more than 16% of roll call votes, far worse than the median of 2% among current representatives. Hunt, who did not meet with the editorial board, occasionally reaches across the aisle — he and Democratic U.S. Rep. Lizzie Fletcher have joined forces to push the Army Corps of Engineers to complete the study of an underground drainage tunnel system in Houston — but despite being a “rising star” in the House majority, only one of the eight bills he’s sponsored even made it to the floor for a vote. That one legislation — a technical bill regarding royalties on oil and gas production — was signed into law this month.

You can listen to my interview with McDonough from the primary here. Rep. Hunt also has some possible ethical issues, which the editorial notes. Let’s be clear that his “rising star” status doesn’t have anything to do with mundane things like passing bills – it’s all about media appearances and brand building. He’s a strong favorite to be able to keep doing that, but it would be nice to see his margin of victory get knocked down a bit. I’m necessarily skeptical of the “Republican focus group” stuff, but as is often the case I’ll be delighted to be proven wrong.

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Interview with Plácido Gómez and Dani Hernandez

This week we are talking about the HISD bond referendum. We’ve already had plenty to say about this referendum, whose level of public support is unclear because of the questionable polling that’s been done so far. There are plenty of questions about this referendum – what it would do, how much it would cost, what it might mean for affected schools, whether we can trust that the funds will be well used – and I’m going to do what I can to address them. To discuss the merits of the bond and why one might consider supporting it, I have a conversation with elected HISD trustees Plácido Gómez and Dani Hernandez, the latter of whom served on the Comminity Advisory Committee for the bond. I hope this will address some of your questions about the bond.

I will publish an interview with Ruth Kravetz with Community Voices for Public Education on Wednesday with an opposing view. Let me know what you think.

PREVIOUSLY:

Erica Lee Carter, CD18 special election
Sylvester Turner, CD18 general election
Lindsay London, Amarillo Reproductive Freedom Alliance

Posted in Election 2024 | Tagged , , , , , , | 4 Comments

Some Republicans consolidate around one Speaker candidate

As is always the case, the field has narrowed.

Rep. David Cook

In the most concerted attack to date on Republican Texas House Speaker Dade Phelan from within the GOP House ranks, 48 representatives and nominees for House districts selected Rep. David Cook as their favored House speaker Friday. The group includes four who dropped their bids for speaker in order to consolidate support around a single candidate.

Cook, a two-term Mansfield Republican who announced his bid for Speaker earlier this month, became the self-described “reform-minded” group’s consensus pick after multiple rounds of voting. When he announced his candidacy, Cook committed to appointing only Republicans to chair House committees, considered a crucial pledge to far-right GOP leaders who feel Phelan has ceded too much power to Democrats by continuing the chamber’s long-standing tradition of naming members of both parties to lead the legislative panels.

“This vote highlights the growing momentum for change within the Texas House, as members rally behind a shared vision of a decentralized leadership model that empowers all members,” Cook said in a statement.

Fellow speaker challengers James Frank, Tom Oliverson, Shelby Slawson and John Smithee issued a joint statement supporting Cook following the closed-door meeting at the County Line BBQ in Austin.

“We have suspended our campaigns for speaker and urge all of our Republican colleagues to join us in voting for Representative Cook as the Republican nominee for speaker when the caucus meets in December,” they wrote.

[…]

Friday’s meeting among Phelan critics was an informal vote to consolidate support into one challenger. After House members are elected or reelected in November, the Texas House Republican Caucus, chaired by Oliverson, will meet in December to formally endorse their desired candidate for speaker.

“Not only are their actions disappointing and unacceptable, they are futile, as I proudly have the clear majority votes needed to be the Speaker today, and will have the clear majority support needed to become Speaker again come January,” Phelan said in a statement Friday morning.

It will take a simple majority of the entire House, 76 votes, to be elected House speaker at the start of the legislative session in January. But the rules of the House Republican caucus instruct GOP members to vote for the group’s endorsed candidate.

To garner that endorsement, one must have support from at least three-fifths of members. Right now, there are 86 members, putting that threshold at 52. It won’t be known until after the November elections how many House members will be Republicans next year.

Friday’s vote suggests that Cook could be in reach of hitting the necessary threshold. In addition to the 48 people who supported Cook Friday, The Texan reported that he has support from six others.

However, the group includes around 20 candidates who are running for House seats but do not currently serve in the chamber. Two, Steve Kinard and former Uvalde Mayor Don McLaughlin, are running in races for competitive seats currently held by Democrats.

See here for the previous update. You never know how a Speaker’s race will play out until it’s time to vote. There’s still likely to be some drama in this before all is said and done. The single biggest spanner that we can throw into the works is increasing the number of Dems in the chamber, which if nothing else should put a bit of a squeeze on the Republicans and get them to start blaming each other for their electoral losses. That has to actually happen, of course, so stay engaged and do what you can to get some of our top contenders elected. The Fort Worth Report has more.

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

Fertitta to bid on a WNBA expansion franchise

Rooting for him to succeed.

Rockets owner Tilman Fertitta on Thursday confirmed his intention to bid on an WNBA expansion franchise, a step toward returning the league to Houston at a time the WNBA is setting ratings and attendance records.

Competition for a 16th WNBA franchise is expected to be robust, with Austin, Philadelphia, Nashville, Miami and Denver also expected to have groups vying to be awarded an expansion franchise. Houston and Clutch City Sports and Entertainment, however, could have an advantage with clear ownership along with fully staffed organization in place and control of an arena, Toyota Center.

“I have been in active conversations with the league about the opportunity to bring a WNBA expansion team back to Houston,” Fertitta said in a statement on Thursday. “There is such great excitement surrounding the WNBA and women’s sports, and with Houston’s passionate and dedicated fan base it makes us an ideal fit.”

Fertitta has also expressed interest in landing an NHL expansion franchise. Renovations underway at Toyota Center have included plans to make sure the arena remains hockey ready. NHL owners are expected to review expansion options in upcoming meetings.

“Tilman’s always looking for incremental programming for Toyota Center to deliver to the City of Houston, and the timing of the WNBA season with our robust concert and NBA basketball (schedule) fits very nicely into the arena calendar,” Rockets president of basketball operations Gretchen Sheirr said. “Separately, obviously a huge boom in the WNBA and women’s sports … it’s exciting to explore the opportunity to bring a WNBA franchise back to Houston.”

[…]

The WNBA on Wednesday announced that Portland was awarded an expansion franchise, to begin play in 2026, along with the previously announced expansion to Toronto.

The return to Portland marks the first time the WNBA will return to a city it had left. Though the Portland Fire did not have the success of the Comets, Portland has been a strong market for professional women’s sports. WNBA commissioner Cathy Engelbert indicated on Wednesday the league would be open to considering other cities it had left.

See here for more on Fertitta’s previously expressed interest in both the NHL and the WNBA. I have been pessimistic about Houston’s chances of rejoining the latter, but I will be delighted to be proven wrong about that. Portland and Toronto are teams #14 and 15 for the W; the Golden State Valkyries will be lucky number 13 and start play next year. Bidding for #16 is going to be more expensive than it was for those earlier teams, as the league is enjoying quite a bit of new and renewed interest. I’m hopeful for Houston’s chances. ESPN has more.

Posted in Other sports | Tagged , , , , , , , , , , , , , , , , , , | 6 Comments

Weekend link dump for September 22

“On Tuesday, Sept. 10, the Ultimate World Cruise made its final stop in Miami, returning to where it started. How do the passengers feel now that they’re returning to their normal routines? And what will they miss (or not) about their time at sea?”

“Fake food is always entertaining to look at and play with. I didn’t really have Hot Pocket experience, but it had a decent enough heft. It had a little bounce to it, so sometimes where it would go after it hit the wall was pretty funny. Trying to get the precision on that, when you hit it, you’re really proud of the smear — ‘Oh, that’s the one!’ That was fun.”

“Strikingly, one fifth of all Americans report having no access to any type of third place, whether commercial or public.”

“It has been a long 50 years, and as a guide to the American city, The Power Broker leaves us ill-equipped to confront and overcome the challenges that face us today.”

“What I am here to say is [on debate] night, Donald Trump was at the best any of us will ever see him again. This was the one place and time where he was meant to be prepared, coherent and presidential, where he was not surrounded by handlers, coddlers and sycophants. This was meant to be the one place and time where he was meant to keep his id and his ego in check, put voters and Americans first, and make a case for a second shot at the presidency. This was the one place and time where his worst and most self-indulgent impulses were supposed to be reined in. This was Trump on his best and most decent behavior, or at the very least, the best and most behavior he is capable of. We see how that went.”

““Every time I take care of a patient in this scenario, it makes me question why I’m staying here.”

“This is why Outside sent me to the park just a few weeks ago, during one of the busiest times of the year. They wanted me to observe our most basic tourists in the wild. Maybe I’d even get to see one die. Or, even better for my editors, maybe I would die while I was there. Maybe I’d look down my nose at the tourists around me only to end up as wolf food myself. Like most other Yellowstone visitors, I was not trained for the outdoors, I relish doing shit that posted signs yell at me not to do, and I often daydream about fighting bears (and winning!). I find danger tempting, which isn’t a good thing given that I can no longer swim a single pool lap without taking a break. Are people like me responsible enough to visit one of our national treasures without breaking it? Do we, as a population, know how to do national parks?”

RIP, Tito Jackson, Rock and Roll Hall of Famer, member of the Jackson 5, brother of Michael.

“Here are some reminders of the painful reality Trump wishes we’d forget”.

“More to the point, the reason the media spends a lot of time reporting on right-wing violence is because there’s a lot of right-wing violence”.

“However, both cases represent the conservative effort to dismantle existing federal protections for reproductive and sexual health in favor of entrusting the matter to individual states to control as they see fit.”

“The otherwise healthy 28-year-old medical assistant, who had her sights set on nursing school, should not have died, an official state committee recently concluded.”

“Just how many Haitian immigrants have moved to Springfield, Ohio, in recent years? It’s a question at the center of the new national discussion about the city’s resurgence and ensuing struggles to accommodate its new growth. There’s no definitive answer, but we can say this: Almost every estimate you’ve seen is wrong—and too high.”

“In today’s 21-18 loss to the Commanders, the Giants scored three touchdowns, allowed zero touchdowns, and still lost the game. It was only the second time in NFL history that a team lost while scoring three touchdowns and allowing none.”

About damn time Van Chancellor was inducted into the Houston Sports Hall of Fame. What took so long? Anyway, congrats the Coach Chancellor for this well-deserved honor.

“What Vance came up with is not only surprising but, if understood properly, far more damaging than Trump’s original statement. The Trump plan, according to Vance, is to permit insurance companies to discriminate against people with preexisting conditions.”

“That speaks, in a lot of ways, to the way in which abortion access really wasn’t perfect pre-Dobbs. There were a lot of obstacles to getting care, and one of the biggest ones was cost.”

“Scammers are flooding Facebook with groups that purport to offer video streaming of funeral services for the recently deceased. Friends and family who follow the links for the streaming services are then asked to cough up their credit card information. Recently, these scammers have branched out into offering fake streaming services for nearly any kind of event advertised on Facebook. Here’s a closer look at the size of this scheme, and some findings about who may be responsible.”

“In the past two months, Microsoft has observed a notable shift in Russian influence operations tactics reflecting the changing U.S. political environment. Specifically, we have observed Russia pivot towards targeting the Harris-Walz campaign, with actors disseminating fabricated videos designed to sow discord and spread disinformation about the new Democratic nominee Vice President Harris.”

“Federal judges were warned Tuesday to be extra-vigilant in their cybersecurity practices because foreign actors may try to interfere in election-related cases in the coming months.”

RIP, JD Souther, singer and songwriter who performed with The Eagles and wrote “New Kid in Town” and “Best of My Love”; also an actor best known for Thirtysomething.

“For-profit prediction markets are driven by people attempting to impose simple resolutions to complex real-world events, on behalf of people who are trying to extract as much money from the system as possible. To fully open up elections betting by supposing that the wisdom of the crowds will keep things thoughtful and steady is a dangerous bet all its own—and we already have examples that demonstrate this.”

“Federal Judge Aileen M. Cannon, the controversial jurist who tossed out the classified documents criminal case against Donald Trump in July, failed to disclose her attendance at a May 2023 banquet funded by a conservative law school.” As the story notes, it’s not the first time she’s failed to fully comply with the law on this.

“As Elon Musk increasingly weighed in on politics in the last several years, he used his massive following on his social media app X to repeatedly amplify content from a company that appears to be at the center of an alleged Russian covert operation to manipulate U.S. public opinion ahead of the 2024 election.”

Two words: Mark Robinson.
Two more words: Olivia Nuzzi.
Another two more words: Corey DeAngelis. If you don’t know who that is, you really will want to click. Beyond that, I got nothin’. What a damn week.

Okay, now for two good words: Shohei Ohtani. Holy crap!

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A curious thing about the polls of Texas

You’ve probably seen this headline by now.

Colin Allred

For the first time in their hotly contested campaign, a poll shows U.S. Sen. Ted Cruz, R-Texas, trailing challenger U.S. Rep. Colin Allred.

The Morning Consult poll, conducted between Sept. 9 and 18, places Allred — a moderate North Texas Democrat — a point ahead of Cruz with likely voters, 45% to 44%. Allred’s lead is within the poll’s margin of error, however.

Cruz is running for a third term in the Senate after narrowly defeating former El Paso Congressman Beto O’Rourke in a closely watched 2018 race.

However, this time around, he’s been targeted by Democratic groups, who consider his seat one of the most flippable in the Senate. He’s also running with additional baggage, including taking a family trip to Cancun while hundreds of Texans died in Winter Storm Uri, one of state’s worst natural disasters.

While Cruz has racked up consistent leads in recent polls, a recent roundup of survey numbers by The Hill shows him having trouble crossing the 50% margin — generally viewed as troubling news for an incumbent weeks before an election.

“For the first time in this race, a new poll has us leading Ted Cruz by 1 point. I don’t know about y’all but I’m fired up and ready to WIN!” Allred tweeted in response to the new numbers. “We’ve got 47 days, let’s do this Texas.”

It is of course great to get even one statewide poll of Texas result with the Democratic candidate leading. We got a couple in 2018 with Beto and a few more in 2020 with Biden; the end result didn’t match the polls, but at least it showed it was possible. I always look for more context when I see a poll result, and so I will provide that here for this one:

It would have been much nicer for this poll to also show Kamala Harris leading in Texas, but alas. We get what we get and we don’t get upset. My point in bringing this all up is that I’m seeing a trend in which polls of Texas show a Senate race that is at least as competitive as the Presidential race.

More specifically, these polls have been showing a Senate race in which Colin Allred does as well as Kamala Harris, but Ted Cruz lags behind Donald Trump. I should note that this was often (not always, but often) true when it was Biden versus Trump as well. Looking back at a few results from the 538 Presidential and Senate trackers:


Date     Pollster     Biden  Trump   Allred  Cruz
=================================================
June 9   UT/TPP          39     46       34    45
June 20  UT-Tyler        43     48       42    45
June 27  Manhattan Ins   41     52       43    46
July 1   UH/TSU          40     49       44    47


Date     Pollster    Harris  Trump   Allred  Cruz
=================================================
Aug 16   UH/TSU          45     50       45    47
Aug 22   PPP             44     49       45    47
Aug 29   Lake            43     51       43    47
Aug 31   UT/TPP          44     49       36    44
Sep 5    Emerson         48     51       44    48
Sep 18   M Consult       46     50       45    44

In all cases, when there were multiple results, I went with Likely Voter models and a two-candidate matchup, so no “RFK Jr” crap polluting the earlier results. In the four polls with Biden, Allred led Biden in two, trailed by one point in a third, and by five in the other. Cruz trailed Trump in all four, by one to six points.

With Harris, Allred led Kamala Harris in one poll, tied her in two, and trailed in three. Cruz again trailed Trump in all six polls. Allred’s deficit versus Cruz was smaller than Biden’s versus Trump in three of four polls, and smaller than Harris’ deficit versus Trump in four of the five polls where Allred trailed.

What is curious about this, at least to me, is that Trump was easily the worst performing Republican in Texas in each of his two prior campaigns. He won by 8.99 points in 2016, 52.23 to 43.24, while every other Republican statewide won by margins of at least 13 to 16. Wayne Christian (53.07) was the next lowest-scoring Republican, while Dori Garza (41.18) was the next highest-scoring Dem. In 2020, he won by 5.58 points, 52.06 to 46.48, while every other Republican was winning by eight to ten points; Nathan Hecht (52.98) and Tina Clinton (45.18) were the runnersup.

What if anything does that say about this year? I think third parties will have a smaller effect on the Presidential race than in the Senate race – this was also true in 2020, when third parties took about a point and a half for President and a bit more than two and a half for Senate – and since the bulk of that goes to the Libertarians, that could keep Cruz below the Trump line. Undervoting is a relatively small effect in the Senate race since it’s next on the ballot after President – there were 160K fewer votes for Senate in 2020 than President, out of over 11 million ballots cast. John Cornyn actually had about 70K more votes in 2020 than Trump, while MJ Hegar had about 370K fewer than Biden,

Which brings up perhaps the biggest potential factor. I tend to believe that variances in polls like these are mostly due to people who are not yet willing to say they’re voting for the candidate they will eventually vote for. But there are crossovers, as noted by the Cornyn total from 2020. It’s easy enough to imagine a Biden/Cornyn voter in 2020. The question now is, which do you think is more likely, the Harris/Cruz voter, or the Trump/Allred voter? History suggests the former, but I don’t know how sure I am about that.

That’s all based on gut instinct and vibes, not on anything empirical. I can imagine both the “Trump does better than Cruz” and “Cruz does better than Trump” scenarios. The former is almost certainly the path to an Allred victory, however probable you deem that. I’m going to need to see at least one poll with Harris leading to fantasize about that possibility. As I’ve said before, what I mostly want to see is Harris outperforming Biden, as that would not only make the “Allred wins” case more probable, it would also surely boost downballot Dems, specifically in the legislative races, where a couple of victories could mean an insurmountable obstacle for vouchers. I would love to dream bigger than that, but let’s start there and see where it takes us.

Oh, and if you’ve been pining for an Allred-Cruz debate, your wish has been granted. Put October 15 on your calendar and start stocking up on the popcorn.

Posted in Election 2024, The making of the President | Tagged , , , , , , , , , , , , | 2 Comments

Taral Patel and KP George

What a mess.

Judge KP George

Investigators believe Fort Bend County judge KP George coordinated with his former chief of staff, Taral Patel, in posting from fake social media accounts in 2022 to influence the outcome of an election, a new search warrant alleges.

Patel was indicted earlier this month for the creation of several fake Facebook profiles. Investigators believe he used these fake accounts to send himself racist and hateful messages to influence the outcome of the November election.

Patel is currently on the ballot for the County’s Precinct 3 commissioner’s race which covers Sugar Land.

A spokesperson for George could not be immediately reached for comments about these new allegations. As of Friday, no records indicate that George has been charged.

The warrant signed by district judge J. Christian Becerra on Tuesday calls for collecting any “cellular communication device” belonging to George. Investigators believe that on two occasions in September 2022, George did “solicit, encourage, direct, aid or attempt to aid” Patel to misrepresent his identity in campaign communications.

Through an analysis of George’s campaign Facebook account from May to October 2022, investigators found three collages citing a barrage of racist attacks he was getting online. Investigators were able to match some of the comments to the infamous ‘Antonio Scalywag’ account they believe belongs to Patel.

Reviewing phone records, investigators found texts from Patel seeking George’s permission to post collages of the alleged online attacks.

“Let me know if you approve, I’ll share this post.” one text read.

The texts also insinuate that George was aware that Patel was using fake accounts.

In June of 2022, Patel texted George: “They are just blowing up our social media. I will use fake accounts to counter them.”

George texted back “thank you…” according to the search warrant.

These posts from the Scalywag account came just weeks before George was up for re-election against republican Trevor Nehls. George won the election with 51% of the votes.

George, the first person of color to be County Judge in Fort Bend, was first elected in 2018.

2022 wasn’t the first time George raised awareness about an alleged barrage of hurtful and racist attacks he received on Facebook. In 2020, when Patel was his chief of staff, George posted another similar collage of racist and xenophobic comments directed at his Indian heritage. Patel’s involvement, if any, in these posts is unclear.

Patel is accused of creating at least six fake online personas that use the likeness of individuals without their consent. Investigators believe Patel impersonated District Judge Surrendran Pattel and a Fort Bend County resident.

There’s links to some earlier Houston Landing stories about the Taral Patel situation if you need to get some background. I like and respect KP George and I really really hope that he’s not involved in any of this. In a subsequent Chron story, he strongly criticizes the search warrant.

In a statement Friday, George said that he has complied with authorities and is considered a witness in the investigation into Patel’s alleged actions, not a target.

George said he was frustrated with the Fort Bend District Attorney’s Office and the Texas Rangers for issuing and executing the search warrant.

“While I respect the legal process and willingly complied with the search warrant, I must express my deep disappointment in how this event was conducted,” George said in the statement. “Had I been treated with courtesy and respect, I would have voluntarily surrendered the requested items in person to the Fort Bend County District Attorney’s Office.”

By issuing a warrant, George said, authorities have subjected him to public criticism.

“The aggressive and unnecessary approach used has fueled unwarranted speculation, led to public slander, and created an unsafe environment for both my family and me,” George said. “I have retained legal counsel to ensure my rights are fully protected throughout this process.”

The district attorney and the Texas Rangers had declined comment due to the ongoing investigation.

That’s good to hear, and I hope that this is indeed all that there is for him. Reform Austin and the Chron have more.

Posted in Crime and Punishment, Election 2024 | Tagged , , , , , , , , | 3 Comments

Jury deliberations begin in “Trump Train” lawsuit

Axiously awaiting a verdict.

A jury in Texas began to deliberate Friday whether the so-called “Trump Train” that surrounded a Biden-Harris campaign bus days before the 2020 election in a heated highway encounter amounted to political intimidation.

“This case is not about politics,” Robert Meyer, an attorney representing those aboard the bus, told the jury. “It’s about safety.”

The civil trial has spanned two weeks in a federal courthouse in Austin has included testimony from former Texas Democratic lawmaker Wendy Davis, who ran for governor in 2014, and is one of three people who was on board the bus and brought the lawsuit against six supporters of former President Donald Trump.

No criminal charges have been filed against the Trump supporters, who have argued that their actions during the convoy on Oct. 30, 2020, were protected speech.

Video that Davis recorded from the bus shows pickup trucks with large Trump flags slowing down to box in the bus as it tried to move away from the group of Trump supporters. One of the defendants hit a campaign volunteer’s car while the trucks occupied all lanes of traffic, forcing the bus and everyone around it to a 15 mph crawl.

During closing arguments Friday, Meyer argued that the defendants’ conversations leading up to the convoy about “Operation Block the Bus,” dissemination of flyers and aggressive driving met the criteria for political intimidation. Jurors also listened to several 911 calls from bystanders who were fearful that the convoy would cause a collision.

“This wasn’t some kind of peaceful protest,” Meyer said. “The bus swarmed on all sides.”

Attorneys for the defendants argued they did not intend to hurt anyone or scheme a plan for Democrats to cancel their remaining campaign events in Texas.

“There was no civil assault because there was no intent to hurt anybody,” attorney Francisco Canseco said. Canseco represents Eliazar Cisneros, who is accused of hitting a volunteer’s car that was following the bus.

The jury will have to decide whether the defendants made an informal agreement to intimidate, harass or injure the Democrats on the bus in an effort to suppress their political support of President Joe Biden.

See here and here for day-before and Day One updates for this trial, which took two weeks to complete. How long the jury will take, I have no idea. We could get a verdict on Monday, or it could drag out for days. In the meantime, there were several Chron dispatches from the trial, which I’m including here as a catch-up. I’ll be sure to blog about the verdict.

Bus driver says he felt ‘under attack’ during 2020 ‘Trump Train’ incident.

The driver of a Biden-Harris campaign bus told jurors Wednesday that he felt “under attack” when the bus was surrounded by drivers in a “Trump Train” on Interstate 35 in the run-up to the 2020 election.

Breaking into tears and at times struggling to speak, Timothy Holloway said he had a clenching feeling in his stomach and sweaty palms as he worked to stay calm during the incident, saying the “Trump Train” drivers forced him to slow down to speeds as low as 5 or 10 miles per hour.

“I was the captain of the ship. I was the pilot of the plane,” he said. “I don’t know what they’re trying to do.”

[…]

On the third day of the civil trial in federal court in Austin on Wednesday, plaintiffs’ attorney John Paredes questioned Holloway about how he responded when the bus he was driving was surrounded by dozens of Trump supporters in pickups and SUVs on Oct. 30, 2020, between San Antonio and Austin.

Holloway — who operates his own business as a bus driver and transportation broker —was driving the bus after it left a get-out-the-vote event in San Antonio, with stops planned in San Marcos and Austin. Holloway said he got an “eerie feeling” when he saw Trump supporters’ vehicles lined up along the interstate waiting for the bus around the Solms Road exit near New Braunfels. He estimated there were 30 to 40 vehicles in the “Trump Train” at one point.

“I can’t really outrun these cars,” he said. “You have to do whatever the car in front of you does. I have to slow down to 15 miles per hour” to avoid hitting other vehicles.

Holloway and the other plaintiffs have said they feared for their lives during the incident, and say the “Trump Train” drivers caused several near-collisions and forced Holloway to repeatedly swerve to avoid crashing.

The bus, which weighs about 50,000 pounds, could only brake slowly and had a wide turning radius that limited his response, Holloway said. He said he was taught to avoid obstacles and never to swerve the bus because “that’s an easy way to lose control.”

If he had tried to navigate the bus through the group of vehicles, it might have led to deaths, Holloway said.

Defense attorney Erin Mersino asked Holloway why he couldn’t have pulled off the freeway and sought safety at a police station, if he felt threatened. When Holloway replied that there are usually stoplights on the frontage roads along the highway, where the “Trump Train” drivers might have surrounded the stopped bus, she said he could have run the lights if he was really in fear for his life.

‘Trump Train’ was about free speech, not intimidation, witness says.

A New Braunfels woman who helped organize the “Trump Train” that surrounded a Biden-Harris campaign bus on Interstate 35 ahead of the 2020 election testified Monday that the incident was an exercise in free speech and the drivers involved were not trying to intimidate anyone.

Randi Ceh was among a group of supporters of then-President Donald Trump that surrounded the Biden-Harris bus on Oct. 30, 2020, between San Antonio and Austin. Ceh and her husband, Steve Ceh, are among six people involved in the incident who are being sued by three people who were on the Biden-Harris campaign bus when the confrontation occurred.

[…]

Testifying in federal court in Austin on Monday, Randi Ceh insisted she had no intent of intimidating the people on the bus or impeding their progress when she wrote a social media post encouraging members of New Braunfels “Trump Train” Facebook group to meet at the Solms Road exit of the interstate to wait for the campaign bus.

Ceh was working that day and only briefly joined the “Trump Train” because she happened to catch it on her way home, she said.

“It was just really happenstance that I ended up being there,” she said.

Ceh described the event as an “our team versus your team” political exercise. She said she had no intent of intimidating the people on the bus or impeding their progress.

Sam Hall, an attorney for the plaintiffs, attempted to show that Ceh was aware that the convoy was impeding the bus’s progress, pointing to posts on the Facebook group by others saying “SURROUNDED” and “They did not stop! Too much Trump support so they are going straight through to Austin.”

He asked Ceh if she had used her ability as the Facebook group’s administrator to take down such posts, and she said she had not, citing users’ First Amendment rights to freedom of speech. He pointed also to her use of the hashtag “#BlocktheBus” in her posts.

“We used our first amendment right to drive down the highway,” she said. “We did a ‘Trump Train’ and it was cool.”

Slang, emojis take center stage in ‘Trump Train’ civil trial.

In the civil trial this week over whether drivers in a “Trump Train” hindered a Biden-Harris campaign when they surrounded it on Interstate 35 the week before the 2020 election, one of the many points of contention is the meaning of slang used in Facebook posts and messages – and even some emojis.

Attorneys for three plaintiffs who were on the bus that day – former Texas state Sen. Wendy Davis, former campaign staffer David Gins and bus driver Timothy Holloway – have led a seven-member jury through reams of social media posts made by the six defendants in an attempt to show that they intended to block the bus’s progress, or at least were aware they were doing so, as they tracked its progress between San Antonio and Austin on Oct. 30, 2020.

The lawsuit accuses the defendants of violating the “Ku Klux Klan Act,” an 1871 federal law intended to prevent political violence and intimidation tactics. The suit seeks punitive and compensatory damages.

The defendants — Dolores Park, Steve Ceh, Randi Ceh, Robert Mesaros, Joeylynn Mesaros and Eliazar Cisneros — have disputed the lawsuit’s allegations, saying the people on the bus were not in danger and the incident was not an attempt at intimidation.

In federal court in Austin on Wednesday, plaintiffs’ attorney Robert Meyer displayed screenshots showing defendant Joeylynn Mesaros, of New Braunfels, responding with clapping emojis to a message on Facebook that day saying, “Yes patriots get them out,” and replying “Bye bye” to a message saying, “Let’s show Kamala the way out of Texas.” At the time, some members of the “Trump Train” believed that then-vice presidential nominee Kamala Harris was on the bus.

Meyer also pointed to a text message Mesaros sent that day saying, “we’re raging to chase down this Biden bus,” and a social media post she made after the incident saying the “Trump Train” had provided the Biden campaign “a friendly escort out of town.”

Throughout her impassioned testimony, Mesaros pushed back against Meyer’s portrayal of her posts as amounting to a “celebration” that the bus was kept from campaign events.

Previous testimony in the trial, which is now in its second week, established that the presence of the “Trump Train” led the Biden campaign to cancel a planned event at Texas State University in San Marcos out of fear for the safety of those who would attend. At times, the convoy of dozens of vehicles forced the bus to slow down to speeds as low as 15 miles an hour.

“We might have different definitions of ‘celebrate,’” Mesaros said. “It was my objective to have fun. Not to get sued.”

There’s more to each story, so go read them all. I can’t wait to see what the jury does with this.

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

Uplift Harris lawsuit 2.0

Pretty much as expected.

Texas Attorney General Ken Paxton is again suing Harris County over its guaranteed income initiative, alleging that the latest version of the program still violates the Texas Constitution despite modifications officials made to pass muster.

“The Texas Constitution expressly prohibits giving away public funds to benefit individuals — a common sense protection to prevent cronyism and ensure that public funds benefit all citizens,” Paxton, a third-term Republican, wrote in the suit. “The State of Texas brings this suit to ensure that Harris County follows the law and that public funds are properly expended and not doled out as door prizes at the voting booth.”

Harris County Attorney Christian D. Menefee held his ground in a statement he made Thursday on social media.

“Our 1st basic income program was legal. The Texas Supreme Court disagreed, so we created a new program to address concerns,” said Menefee, a Democrat. “If it wasn’t clear before, it’s clear now: @KenPaxtonTX’s goal is to tank a program that will help Texans in need. We won’t back down. See you in court.”

Uplift Harris, as the local program is called, is designed to give financial assistance to low-income households picked through a randomized lottery. Around 1,900 participants were selected earlier this year to receive $500 monthly payments for 18 months, following a similar guaranteed income model that has been used around the country.

Though the original legal battle over the program is still making its way through the courts, the county decided last month to move forward with a modified program because it’s running out of time to spend the $20.5 million of earmarked funds. The money comes from federal pandemic recovery dollars that must be allocated by the end of the year.

[…]

Paxton argued in the suit filed Thursday that Harris County’s revised program still does not meet the criteria for exceptions to Constitution’s prohibition on giving away public funds as gifts because it does not accomplish a public purpose, the county does not have sufficient control over the funds and the county does not receive any return benefit.

Though the Texas Supreme Court has not ruled on the program, in June it strongly signaled a belief that the initiative violates the Texas Constitution.

“Although we make no definitive statement about the merits, the state has raised serious doubt about the constitutionality of the Uplift Harris program, and this potential violation of the Texas Constitution could not be remedied or undone if payments were to commence while the underlying appeal proceeds,” Justice Jimmy Blacklock, a Republican who is running for reelection this year, wrote in a 12-page opinion that kept the program on hold.

See here, here, and here for the latest updates. Either the revised version of this remediated the issues that concerned SCOTx in the first go-round or it doesn’t. Or maybe it does but SCOTx will move the goalposts because they don’t want to allow this but also don’t want to go all out in striking in down. I assume this will go through a district court as before, so it may be a few weeks before it gets back to SCOTx, but one way or another it will get there. County Attorney Menefee’s statement is here, and KUHF and the Houston Landing have more.

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You can count non-citizen voters on one hand

And still have fingers left over.

Still the only voter ID anyone should need

Data compiled by the conservative Heritage Foundation shows that noncitizen voting in Texas isn’t a widespread problem and instead shows other instances of voter fraud committed by U.S. citizens are more prevalent.

Since 2017, The Heritage Foundation has maintained a database on fraudulent voting with a mission, in part, to “demonstrate the vulnerabilities in the election system and the many ways in which fraud is committed.” Its Texas data dates to 2005.

The think tank, most known for being the architect of the controversial policy blueprint known as Project 2025, divides voting infractions into nine categories. Those include “ineligible voting,” which is defined as: “Illegal registration and voting by individuals who are not U.S. citizens, are convicted felons, or are otherwise not eligible to vote.”

It states on its website that the data is not an exhaustive record, but instead “intended to demonstrate the vulnerabilities in the election system and the many ways in which fraud is committed.”

In its database, The Heritage Foundation has included only three instances of noncitizens casting ballots in Texas since 2012. They include:

  • Mexican citizen who used her cousin’s identity to vote in several elections, including the 2016 presidential election. She eventually pleaded guilty to two felony charges and was ordered to spend 180 days in jail, according to the database.
  • The 2018 case of a Salvadoran man who had been in the United States since the 1980s who was indicted for falsifying documents to obtain a passport and register to vote. He later pleaded guilty to making a false statement in his passport application.
  • Grand Prairie woman who was in the country legally but not a citizen was granted parole in 2019 after spending nine months in prison for unauthorized voting. Reports indicate she voted in 2012 and in the GOP primary runoff in 2014.
  • The database cites a fourth example from Texas, but it appears to be out of Austin, Minn., not Texas’ capital city.

The foundation’s data also suggests that a more pressing issue is felons casting ballots. Its analysis cites at least four times as many instances of that type of fraud when compared with noncitizen voting.

The Heritage Foundation is one of the loudest voices sounding alarm bells about noncitizen voting heading into the November General Election – a call recently taken up by Republican leaders in several states, including Texas.

This is one of those situations that would be hilarious if it weren’t so infuriating because of the extreme malevolence and bad faith on the part of the people pushing the narrative with such paltry data. Even the “at least four times as many instances” of alleged felon voting would still be about a dozen cases, over more than a decade, in a state with eighteen million registered voters. And yet this is the basis for multiple lawsuits, increasingly punitive legislation, and of course the current version of the Big Lie. Anyway, there’s more to the story so read the rest and know what we’re up against.

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What can the state do to help create more affordable housing?

Probably a few things, though it’s not clear what is on tap at this time.

If Texas wants to rein in its high housing costs, it needs more homes, Texas Comptroller Glenn Hegar’s office said Tuesday — the latest sign that the state’s high home prices and rents have become a growing concern for the state’s top officials.

Homebuilding in Texas didn’t keep up as the economy boomed and millions of new residents moved here over the past decade, the comptroller’s 26-page report found. That lag in homebuilding left the state with a deep housing shortage: Texas needs 306,000 more homes than it has, according to one estimate cited in the report.

That shortage has fueled competition for a limited supply of housing, especially in the state’s major metro areas — sending housing costs soaring, forcing many would-be first-time homebuyers out of the market and leaving more than half of the state’s tenants spending too much on rent.

Texas’ relatively low cost of living has been a major draw for new residents and relocating companies. But Texas could lose that affordability advantage if local and state officials don’t find some way to boost the state’s housing supply, particularly for lower- and middle-income families, Hegar said.

[…]

The comptroller’s report stops short of making explicit recommendations on what steps policymakers should take, but nodded to some potential solutions.

Among them: relaxing local laws that determine what kinds of housing can be built and where. Cities have laws called zoning regulations that determine how many homes can be built on a given lot and how much land is required in order to build a home.

[…]

There are additional ways for local and state officials to tackle housing affordability, the comptroller’s office said. State lawmakers, for example, could fund programs or incentives aimed at providing homes for low- and moderate-income families. Local governments could streamline their permitting processes in order to allow homes to be built more quickly, the report said.

Nicole Nosek — who heads Texans for Reasonable Solutions, an organization that pushed zoning reforms at the state level last year — proposed ideas to increase housing supply during a Tuesday breakfast meeting with the comptroller’s office, Texas Habitat for Humanity and the Austin Board of Realtors.

It should be easier to build homes in commercial areas, Nosek said, which many Texas cities don’t currently allow. The amount of land cities require single-family homes to be built upon, a requirement known as a minimum lot size, should also be reduced, she said.

The report is here and it’s pretty readable. Reasons for the strain on housing affordability include the state’s rapid population growth, the sharp decline in home construction following the 2008 financial crisis, constraints at the local level on construction, and home insurance rates. I’d say the Lege is best positioned to do something about that last one, though the report doesn’t discuss it.

For obvious reasons, I’m suspicious of any effort at the state level to meddle in local zoning and permitting ordinances. I personally would recommend the state focusing on supply issues, which is mentioned as one possibility on page 16 of the report. Fund or provide incentives to build low- to moderate-income housing, provide assistance for lower-income home buyers, put some brakes on insurance rates (maybe doing something about climate change, which is absolutely driving some of that problem, would be helpful as well), that sort of thing.

If there must be a state incursion into local matters, how about making it easier for local governments to seize and/or condemn abandoned properties? I know that one issue that tends to stymie local governments is that ownership of these properties is often murky, making it harder to pursue legal resolutions. Surely that’s something that state law could help facilitate. There does seem to be some consensus on Doing Something about housing affordability at the state level. Hopefully that can be harnessed and used for good.

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

Dallas judge rejects Paxton’s State Fair lawsuit

The Fair’s ban on guns will stand, at least for now.

Howdy, folks

A Dallas County district judge is leaving the State Fair of Texas gun ban in effect after an injunction hearing Thursday.

Attorney General Ken Paxton sued Dallas and the fair last month because the fair is now banning guns from Fair Park — excluding active and qualified retired peace officers. The fair previously allowed concealed carry.

Attorneys for the State Fair, the city of Dallas and the state made their cases in front of 298th District Judge Emily Tobolowsky Thursday. The judge’s ruling will give the losing party only days to appeal, and the fact that the State Fair is fast approaching will require the courts to move quickly.

Texas law forbids state agencies and political subdivisions — such as Dallas — from banning licensed handgun owners from carrying guns on government owned or leased property. The State Fair says it has significant control over Fair Park as part of its longstanding lease agreement with Dallas for the annual event.

State Fair attorneys successfully argued the gun ban is legal because the organization operates independently as a private nonprofit, not a government entity.

“The State Fair of Texas is not an agent of the city of Dallas,” said Jim Harris, attorney for the State Fair. “The State Fair of Texas has not been delegated any governmental powers or authority by the city of Dallas.”

Paxton’s office, meanwhile, argued that because of the agreement the fair is acting under the authority of Dallas. Therefore, the decision to ban guns from the fair is the city’s decision and that makes the ban illegal, said Ernest Garcia, chief of the administrative law division of the attorney general’s office.

“This case is about public policy and its application to public property,” Garcia said. “This is not a case about private property rights or interests.”

[…]

Jeff Tillotson, an outside attorney for the city of Dallas, said the city had no role in the fair’s decision to ban firearms from Fair Park, so the city is not liable. He argued Paxton’s lawsuit should be thrown out altogether because, among other things, the concerned citizens Dubeau mentioned didn’t make their complaints first to the city directly as required by law.

State Fair president Mitchell Glieber testified the city has no control over the State Fair’s decision making. He said the fair made the decision to ban guns in February and informed the Dallas Police Department of its decision in May.

See here and here for some background. The Statesman adds on.

Nine days before Thursday’s hearing, Paxton withdrew a legal opinion from 2016 in which he stated that nonprofit entities have the right to ban firearms on public land that they are leasing from a city. Two Republican lawmakers had requested a new analysis on a similar subject to the opinion, KP-0108, after the lawsuit was filed.

Attorneys for the city of Dallas criticized the move as “revealing” in court filings, adding that it did not change the underlying legal issues.

“Recognizing that the Attorney General’s position since 2016 has firmly landed in support of the City’s posture here, the Attorney General withdrew KP-0108—on which municipalities and nonprofits have relied on for years—with the blatant intent of changing course to obtain a different outcome here,” attorneys for Dallas-based firm Tillotson, Johnson and Patton wrote in a response brief on the city’s behalf. “Doing so only confirms that the opinion expressed therein was correct and Plaintiffs’ claims in this case are necessarily inapposite to and unsupportable by that opinion.”

[…]

Paxton’s office will likely seek to overturn Tobolowsky’s order in the new 15th Court of Appeals, which was authorized when Republican Gov. Greg Abbott signed Senate Bill 1045 in 2023. The court, which began hearing cases Sept. 1, now has exclusive statewide jurisdiction over intermediate appellate disputes over state actions and legislative constitutionality.

Paxton’s office and the State Fair of Texas did not immediately respond to the American-Statesman’s requests for comment. Karissa Condoianis, the State Fair of Texas’ senior vice president for public relations, previously told the Statesman that the fair was standing by its gun ban.

“We believe we have the right to make this decision and maintain that it is the correct decision to protect the safety of our patrons,” Condoianis wrote in an email statement Aug. 30.

The Statesman also reached out to the city of Dallas, which declined to comment on pending litigation.

However, Jeff Tillotson, counsel for Dallas, said, “We thank the Court for its careful consideration of this matter.”

The fair will take place between Sept. 27 and Oct. 20.

I suppose it’s now a question of how fast Paxton can file that appeal, assuming he does, and how fast that court can act. Longer term, of course, the Lege can and almost certainly will pass a law to remove this exception. But for now, maybe this year the State Fair will get to operate as it prefers. WFAA, the Dallas Observer, and the Trib have more.

Posted in Legal matters | Tagged , , , , , , , , , , , | 1 Comment

SUV that crashed into the Energy Transfer pipeline valve recovered

Human remains were found inside, sadly.

Deer Park city officials confirmed human remains were found in the vehicle involved in the pipeline fire near Deer Park and La Porte after it was towed away Thursday morning following the four-day-long incident that led to the evacuation of nearby homes.

Authorities said the situation has now developed into a criminal investigation, and that no further information will be released until a motive is determined and the investigation concludes.

Deer Park OEM spokesperson Kaitlyn Bluejacket said the Deer Park Police Department and Harris County Medical Examiner are preparing to begin the next steps of the investigation into how the emergency transpired at the Energy Transfer property off Spencer Highway.

[…]

Deer Park OEM officials said in a Thursday statement that Energy Transfer is working with third-party contractors to contain the fire through the installation of appropriate infrastructure. The company said the fire has had no effect on air quality, but it will continue to monitor air quality levels.

Deer Park officials lifted the evacuation order for areas surrounding the fire Wednesday at 6 p.m. Spencer Highway between Luella Avenue and East/Canada Boulevard remains closed. The Walmart on Spencer Highway reopened at 10 a.m. Thursday. Air monitoring will continue at nearby schools, including Heritage Elementary and College Park Elementary as of Thursday morning.

Lauren Brogdon, an attorney who leads Haynes Boone’s crisis management practice group, said it might be a while before answers and resolutions are finalized.

“These things often take several years, because of the investigations that need to happen and because of the exchange of documents and interviews of witnesses,” Brogdon said.

See here for some background. No details about the driver had been released as of yesterday. My condolences to their family and friends. I hope we are able to learn what exactly happened, why it happened, and what can be done to prevent it from happening again.

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

Ted Cruz votes against protecting IVF access

It’s right there in the headline.

Not Ted Cruz

U.S. Sen. Ted Cruz on Tuesday led the effort to block a bill by Senate Democrats that they said would protect in-vitro fertilization in America.

But on the Senate floor, Cruz blasted the Democratic bill as a cynical show vote, saying it was less about protecting IVF treatments than creating political fodder for TV commercials ahead of the November election.

“Today, unfortunately, my colleagues on the other side of the aisle are staging an empty show vote,” he said.

Cruz is facing a challenge from Democrat Colin Allred, a Dallas-area congressman who is campaigning heavily on protecting abortion rights. The debate over IVF has grown after Roe v Wade was overturned in 2022 amid concerns that abortion bans could threaten the procedure.

The bill up for debate Tuesday would mandate insurance providers cover IVF treatments, among other things.

Schumer acknowledged in a letter to Democrats days earlier that he was forcing a vote because former President Donald Trump said last month that he wants to make IVF treatments free or force insurance companies to cover the costs. His running mate Sen. JD Vance, R-Ohio, voted against the Democratic bill to do that earlier this year. Vance was not in the Senate for Tuesday’s vote.

“The American people deserve another chance to see if Senate Republicans will back up their words and vote for access to IVF or vote against it. It’s that simple,” Schumer said in the letter.

[…]

Cruz said he and Alabama Sen. Katie Britt, a Republican, have a more serious bill that would have punished any state that tried to bar IVF treatments. But when Cruz tried to bring that vote up for a vote, Democrats, who control the majority in the Senate, blocked it.

“The Democrats don’t want to protect IVF because if we pass this law, you know what, they can’t run misleading campaign commercials,” Cruz said after Democrats refused to give it a vote on Tuesday.

But U.S. Sen. Patty Murray, D-Wash., said the Cruz-Britt bill was missing important elements to assure the right to IVF was in fact protected. Specifically, she said the Cruz-Britt bill was silent on whether embryos should be treated the same as living breathing people and whether fertility clinics could dispose of unused embryos.

“It would still allow states to regulate IVF out of existence,” she argued.

Earlier this year, the Alabama Supreme Court ruled that frozen embryos used in IVF should be considered children, raising questions about how clinics could handle them and prompting several to pause services.

I get that the Democrats’ bill had things that anti-abortion zealots like Ted Cruz wouldn’t like. Too damn bad. We’re in this position because of the overturning of Roe and the push for fetal personhood by those same anti-abortion zealots. Any bill that doesn’t take that into account is not a bill that would protect IVF. Own it, Ted.

Posted in National news | Tagged , , , , , , , , | 2 Comments

Dispatches from Dallas, September 20 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 another grab bag: a lot of election news including the failed maneuvers to keep early voting out of Tarrant County colleges; budget and tax news from Dallas, Fort Worth, and the counties; juvenile justice in Dallas and Tarrant counties; what’s going on with Fort Worth ISD after the mayor of Fort Worth called them out; trouble at UNT Health Science Center in Fort Worth as a cadaver scandal is rooted out; Robert Roberson’s shaken-baby capital murder case moves closer to an execution despite the science behind his conviction being discredited; Denton County’s shelter screws up big time; and more.

Several stories this week have warnings for what you’ll see if you click through. Please read responsibly as some of these stories deal with sensitive subjects and could be traumatizing.

This week’s post was brought to you by the music of Postmodern Jukebox. Their current tour is missing Dallas, but will be at the Tobin in San Antonio just before Thanksgiving. They give great show, so check them out!

  • Last-minute news that appeared while I was writing this post: Dallas PD Chief Eddie Garcia is retiring after 3 1/2 years, and after a promise that we’d keep his salary at parity with other major Texas Departments until 2027 so they couldn’t poach him. I wish him well but I’m worried about what this says about the dysfunction in the city’s upper management.
  • Tarrant County thought about removing universities and colleges from its list of early voting locations, but after students protested and Democratic candidates said they’d sue, the county backed down and kept all the college and university locations. The Texas Tribune has more. The Star-Telegram waded in with an editorial on the backhanded way County Judge Tim O’Hare tried to manage axing the college locations (he waited until the Democratic commissioners were out of town). And GOP Chair Bo French said the quiet part out loud: the GOP wanted those college sites closed because it improves Republican chances; see also: the Texas Tribune again. The GOP also censured Republican commissioners who voted for the college locations. The censure comes in lockstep with complaints from Republican PACs whose names you already know.
  • Having lost on the colleges, O’Hare got his way on kicking voter registration folks out of public buildings. I guess now that highs are mostly only in the 90s it’s OK to make people stand outside for hours in the sun.
  • Related: This Bud Kennedy op-ed in the Star-Telegram lays out a list of acts of malfeasance that Kennedy thinks is eventually going to cost the GOP its dominance in Tarrant County.
  • Tarrant County commissioners also gave themselves raises, along with other officials including the Sherriff, and lowered the hospital district tax rate, apparently without discussing it with the hospital.
  • Meanwhile, Tarrant County Elections Administrator Clint Ludwig publicly tested voting machines in front of concerned citizens, ballot board members, and county employees. He was hoping to convince everybody that the election will be conducted fairly and properly. Good luck with that, Mr. Ludwig.
  • The Tarrant GOP is getting its man: in the bizarre case where GOP Chair Bo French refused to seat an elected precinct chair because he claimed the guy was a secret Democrat, the Texas Supreme Court ruled that the GOP could fill the precinct chair position on a temporary basis while the actual suit continues.
  • Noncitizen voting isn’t actually happening in Texas, according to known pinko commies the Heritage Foundation.
  • Texas Monthly has a piece on abortion abolitionists, the folks who want to try women who have abortions for murder. We knew it was coming, and here they are. I mention it to you because the article talks about how this issue played out in the ousting of north Texas House rep Stephanie Klick, who was also a target over the Paxton impeachment.
  • The DMN has an explainer on which items on your ballot actually affect reproductive rights and your (in)ability to get an abortion in Texas.
  • Dallas County commissioners passed a resolution supporting trans folks and calling on the Lege to codify trans rights and stop persecuting them. Good luck with that, folks. The DMN’s headline discusses LGBTQ folks before getting to our trans neighbors in the subhead.
  • As our host noted, Richardson Democratic state Rep. Ana Maria Ramos is running for House Speaker. Good luck with that, Rep. Ramos.
  • At an event here in Dallas, the House Education Chair says vouchers are coming.
  • As our host also noted, Attorney General Paxton pulled that 2016 opinion that suggested the State Fair could ban guns because a private organization runs it. That didn’t help him with Thursday’s ruling here in Dallas County which says the State Fair can go on without guns. I expect him to have appealed by the time you read this post even if I don’t have it documented.
  • Wandering over to the City of Dallas, we passed a budget this week. The DMN has the details including an update on Skillman Library. The original budget planned to close Skillman, which is a few miles from where I live; a revised version took some funds from South Dallas, which got the DM to write an editorial on why saving a library in north (white) Dallas with funds intended for south (Black) Dallas is a bad idea. The council ended up using funds intended for east (historically Latine but gentrifying) Dallas, which is close to Skillman’s actual neighborhood, instead.
  • Related: The Texas Supreme Court forced Dallas to drop three anti-HERO proposals from the charter amendment section of the ballot in November. For those who don’t remember, this is about the three amendments Monty Bennett is sponsoring to tie the hands of the council and redirect a bunch of money into DPD’s coffers.
  • The City of Fort Worth also passed their budget.
  • The Tarrant County Appraisal District also passed their budget even though local school districts complained about it.
  • You know who didn’t pass their budget? DART, which is in trouble as member cities consider reducing their contribution. Meanwhile, a new study shows how DART spent its money in 2023 and where it went physically as well as in terms of budget.
  • The Dallas County juvenile justice scandal gets worse every time I read something about it. Now the state has found kids were illegally put in solitary confinement. See also the Texas Tribune. Meanwhile local advocates are demanding the county clean house. Good luck to them, and I mean it sincerely and not at all sarcastically.
  • Speaking of kids, Tarrant County has found an alternative to Youth Advocate Programs, which they canned beginning this month because YAP talked about diversity and equity on their web site.
  • The Star-Telegram had a piece on the life of Anthony Johnson, who died in the Tarrant County jail earlier this year. And there’s another campaign to get the full video of Johnson’s death out.
  • Meanwhile, in the matter of Chasity Bonner’s death in the Tarrant County jail, the Tarrant County DA has asked both her family and the Star-Telegram to withdraw requests for an autopsy report. He’s also requested that the Attorney General’s office withhold the report. Despite the fact that the autopsy said Bonner died of natural causes, the DA wants to withhold on grounds of an ongoing criminal investigation.
  • Unsurprisingly, Tarrant County Commissioner Alisa Simmons, who is both Black and a Democrat, and known for getting into it with County Judge Tim O’Hare, planned to meet with the Department of Justice about deaths in the jail.
  • Jumping back to Dallas, we have a DMN op-ed by a Black community leader and pastor on how ForwardDallas needs to support existing neighborhoods, especially in the historically underserved neighborhoods of the city. He specifically mentions the Little Elm-Northpark disaster where old regulations were applied to new buildings when new ones designed to protect neighborhoods would have required changes to plans or forbidden them altogether. The Dallas Free Press has a related article about how ForwardDallas has failed to help a neighborhood in far southeast Dallas where an elementary school and homes close to an industrial area can’t get traction to find out, much less, stop, whatever’s going on nearby in an industrial zone.
  • You may remember that Dallas and other cities in the Metroplex have tried to rein in short-term rentals but have been shot down by the Lege and the state judiciary. Less than a year after the Dallas ordinance limiting STRs was struck, Dallas residents with headaches from STRs have no real recourse.
  • This is a horrible story with a north Texas connection: a teenager from Stephenville was sentenced to 80 years for child porn and violent imagery, most of which he’d bullied other kids into performing and sending on Discord. Use care in reading this article: among other acts, the article refers to the injury and killing of animals.
  • Fort Worth ISD continues to generate news around its superintendent and board after Mayor Mattie Parker called them out. The board met this week to review her performance in a closed session. And the crisis generated an editorial from the Star-Telegram telling the board to get off the fence and make changes whether or not they fire the superintendent.
  • UNT is also in the news. They’re eliminating faculty groups to comply with the state’s DEI ban; eliminating in-class voter registration drives; reducing their budget to make up for rising costs and an enrollment dip; and dealing with a covert photographer at one of their gyms who’s posting pictures of women working out on a “lewd website”.
  • UNT Health Science Center at Fort Worth was the subject of an NBC News expose about their use of unclaimed bodies in Tarrant and Dallas counties without trying to contact family members. The program saves the counties money on cremation and some bodies are used in other facilities, which earns money for UNT. The story contains discussion of how bodies are used in medical research, so read accordingly. Both Tarrant and Dallas counties have torn up their agreements with the center; UNT has closed the program and fired the leadership, which is the least everybody involved could do.
  • In case you didn’t know, 2024 is the hottest summer ever and Tarrant County is in moderate drought.
  • You may remember that Hood County was having some problems with its bitcoin plant. Now the folks who run it want to expand the power plant, to the dismay of its neighbors. Inside Climate News and the Texas Tribune have more.
  • In Arlington, drillers have come back for a third bite at the apple after fracking near homes and a day care was rejected again.
  • Dallas has failed at lead remediation and the DMN’s editorial board calls it a fiasco.
  • As our host has noted, Amtrak is getting a grant of almost $64 million for that long-awaited high-speed line between Dallas and Houston. Meanwhile, north Texas leaders want a high-speed rail authority in hopes of getting rail operating both in the Metroplex and to Houston.
  • It took a few days but Grand Prairie got its water cleared of that foam we mentioned a couple of weeks ago.
  • This is pretty chilling in light of the racist lies Trump and Vance are telling about Haitians in Ohio: Popular Information explains what mass deportation would actually entail. It’s really ugly, friends.
  • The case of Robert Roberson, the east Texas father convicted of capital murder on the basis of discredited “shaken baby” science, is in the hands of the Board of Pardons and Paroles and Governor Abbott. 86 House representatives have signed a letter asking for clemency for Roberson; other supporters include author John Grisham, who says Texas is about to execute an innocent man. The execution is set for October 17.
  • Collin County’s favorite boy Ken Paxton is hiding the details of his real estate purchases from the state, and therefore from us.
  • You may remember a company called Street Cops who were going to train law enforcement in Lewisville and Collin County until it was pointed out that the training was bigoted and taught unconstitutional maneuvers. The town of Crandall in Kaufman County has a Street Cops course booked for January, but now that the Dallas Observer has alerted them to the scandal, they may cancel.
  • This Sherwood News article about regional grocery chains focuses on Texas favorite HEB and has some thoughts from Randall Onstead, formerly of Randall’s, which is now owned by Safeway.
  • This is another really upsetting story so be careful about clicking through: Denton’s animal services euthanized an elderly family pet who escaped his yard without consulting a vet and in violation of their own hold policies. Unsurprisingly, the city announced an independent review of policies and procedures at the shelter.
  • Here’s a nun update for our host: The Bishop of Fort Worth says an ‘odor of schism’ is rising between the Church and those nuns in Arlington. Specifically, they’ve rejected the authority of the order the Vatican put in charge of them and affiliated with the traditionalist (read: pre-Vatican II) Society of Saint Pius X.
  • The Oak Lawn neighborhood here in Dallas is the home of north Texas’ first affordable senior housing for LGBTQ folks. May there be many more!
  • The latest on the planned Juneteenth Museum in Fort Worth is that it’s moving from the neighborhood where Opal Lee grew up to the historic Southside Community Center, which they’re planning to purchase from the city.
  • Frisco is upgrading Toyota Stadium to the tune of $182 million, to be completed in 2028. The city council also approved incentives for mixed-use development around the stadium. It’s not my tax money so I’m not complaining.
  • My favorite area museum, the Kimbell, has acquired a long-lost painting by Artemisia Genteleschi. I’m looking forward to seeing it.
  • In sad news, local musician Joshua Ray Walker, who has been fighting cancer, is now facing lung cancer with a probably Stage IV diagnosis. I wish him well and need to drop some money in his GoFundMe, and complain again about how most folks in this country aren’t as lucky as I was with insurance to cover their cancer care.
  • Last but not least, the DMN tells us about all the State Fair food, not just the flashy finalists. And on a related note, Texas Monthly explains that until this year, the State Fair didn’t make the judges try the semifinalists before voting, which I feel like explains some things. If Ken Paxton fails on getting guns back in the Fair, maybe I’ll check it out myself.
  • Posted in Blog stuff | Tagged , , , | Comments Off on Dispatches from Dallas, September 20 edition

    UnidosUS 2024 Pre-Election Poll of Hispanic Electorate

    From the inbox:

    UnidosUS, the nation’s largest Latino civil rights and advocacy organization, today released findings from its 2024 Pre-Election Poll of Texas’s Hispanic Electorate. The data shows that the top five priorities for Texas Latino voters, two months out from the election, are dominated by economic concerns, with inflation and wages as the top two priorities, and healthcare costs as the fourth priority. Immigration was the third priority, and abortion and crime/gun violence tied for the fifth priority. Poll results, as well as upcoming additional Congressional district-level data for the Latino voting-age population provided by the USC Center for Inclusive Democracy, can be found in UnidosUS Hispanic Electorate Data Hub, launched last November to advance a more accurate understanding of this electorate.

    • See a slide presentation of poll toplines here.
    • Check out the interactive Hispanic Electorate Hub here.
    • A video recording of the virtual briefing discussing the poll results will be available here.
    Eric Holguin, UnidosUS’s Texas state director, said, “From their pocketbooks to their healthcare to immigration, Texas Hispanic voters are focused on living a prosperous life regardless of one’s background or origin. While some may be trying to divide Texans on issues like immigration, Latinos believe in a balanced approach that advances legality, particularly for those deeply rooted in our communities, and punishes traffickers and smugglers preying on people’s desperation. Texas can be a thriving place for all, and Hispanic voters want our leaders to reach out and work with our communities on real solutions rather than playing partisan politics.”
    Key Findings Include:
    On the issues
    • Texas Latino voters’ top five issues are largely consistent with Latinos across the country and continue to be dominated by pocketbook and economic concerns.
    • Inflation: Food and basic necessities, housing/rent and gas prices are driving concerns about inflation.
    • Jobs: Better pay and concerns about job security top the concerns about jobs and economy.
    • Immigration: Path to citizenship for immigrants brought to the US as children, and cracking down on human and drug traffickers are tied for the top concerns.
    • Healthcare: Costs of insurance and medication are the driving concerns.
    • Abortion: Latino voters are concerned that abortion bans put women’s health and lives at risk.
    • Crime/Gun Violence: The top concern is that guns and assault weapons are too easy to get.
    • On immigration, the top priorities are a path to citizenship for long-residing undocumented immigrants and cracking down on human smugglers/drug traffickers.
    • On abortion, by a 65% to 24% margin, Latinos in Texas consistently oppose making it illegal or taking that decision away from others, no matter their own personal beliefs.
    On voting
    • In 2024, 26% of Latinos in Texas will be voting in their first presidential election.
    • 38% of the Texas Latino electorate is new since the 2016 presidential election.
    • While a majority of Latinos are certain they will vote, many are still deciding.
    • Early outreach is key: 33% plan to vote early, 28% by absentee ballot and 39% on Election Day.
    • 52% say they have not been contacted this cycle by either party or any campaign.
    On the parties and candidates
    • On priority issues overall, Democrats are more trusted than Republicans, but 23% of Latino voters responded “neither,” “both” or “don’t know” when asked which party would be better at addressing their priority issue.
    • In the Senate race, Democrat Colin Allred holds a +20-point lead in support from Latino voters over Republican Ted Cruz: 51% to 31%
    • Vice President Harris holds a +23-point lead in support from Latino voters over former President Trump: 57% to 34%.
    Dayana Iza Presas, Mi Familia en Acción’s Texas state director said, “These findings mirror the concerns of our communities in Texas. From conversations with community members, the rising cost of living remains an area of uncertainty that requires urgent attention from the next administration. On immigration, families continue to live in a state of limbo where they face constant legal attacks and lack of security while still having to pay high renewal fees. Mi Familia en Acción is ready to mobilize. We are launching our electoral program to activate Latino voters that have yet to be contacted and encouraged to vote. We are making sure that in this election new voters receive the support that they need to make their voice be heard.”
    Conducted by BSP Research with oversamples in Arizona, California, Florida, Georgia, Nevada, North Carolina, Pennsylvania and Texas, the 2024 Pre-Election Poll of the Hispanic Electorate provides a more accurate and nuanced understanding of this decisive, but often misunderstood electorate, and serves as a follow-up to UnidosUS 2023 Pre-Election Poll.
    About the survey:
    Total N=3,000 Latino eligible voters
    • N= 2,800 registered.
    • N= 200 eligible, not registered.
    • Margin of error +/- 1.8%.
    Oversamples
    • N=300 per: Arizona, California, Georgia, Nevada, North Carolina, Pennsylvania (+/- 5.7%).
    • N=400 Florida, Texas (+/- 4.9%).
    Field Dates: August 5-23, 2024
    • English or Spanish, according to preference.
    • Mixed mode: 75% online, 25% live telephone interviews.

    I got to see a presentation of the data, which was quite good. Check out the slide pack for everything they covered. I admit I held my breath a little as they were coming to the Presidential and Senate numbers, but overall I was happy with them. I asked the question after the presentation what were the numbers from 2020 for the poll respondents, and was told it was 48-33 for Biden (remember that a significant portion of the sample is new voters), so this is an improvement from then. I am hopeful.

    The clear message from this poll is that both parties do a lousy job of outreach to Latino voters. Hardly breaking news, I know, but you’d think after all this time we’d be better at it. One other big takeaway was that younger voters were less connected to either party; this was true across the board, not just in Texas. Some of that may just be the usual matter of electoral politics being less relevant to younger people, that wasn’t something that was explored in greater depth. It’s both an opportunity and a threat, and echoes the first point about inadequate outreach. Like I said, we really ought to be better at this.

    Anyway. This is as always just one poll, and one should be very careful about what inferences one draws from a single poll. I will note that most general purpose polls of Texas will have a smaller subsample of Hispanic respondents than this poll had, so do keep that in mind if you see another poll with a significantly different result for Hispanic voters. Doesn’t mean the other poll is wrong, but the error bars will be wider. The Texas Signal, who was also on the call, has more.

    Posted in Election 2024 | Tagged , , , , , , , , , , , | 2 Comments

    Whitmire plays his greatest hits

    Mayor John Whitmire gave his first State of the City address this week. Here’s the preview story for what we were to expect.

    Mayor John Whitmire

    Mayor John Whitmire will lay out his administration’s priorities during his inaugural State of the City address next Tuesday.

    The Mayor’s Office announced Friday that Whitmire is scheduled to deliver his speech at a luncheon hosted by Houston First Corporation and the Greater Houston Partnership, where he will discuss his plans to promote the city’s economic growth and quality of life.

    […]

    Whitmire will “offer his insight on the city’s key challenges as well as strategies to successfully shape Houston’s future” during the Tuesday luncheon, the announcement said. The mayor recently said he would rather cut expenditures than raise the property tax but has not specified how he plans to reduce spending. Other city officials warned that cuts of this magnitude could affect essential services like libraries and garbage collection.

    OK cool. There’s always some amount of highlighting and celebrating the key achievements along the way, along with the message about how we will build on those and what we plan to do next. Sounds good. And then we got this.

    In his first State of the City address on Tuesday, Mayor John Whitmire mostly stuck to the past, whether it be his accomplishments on his road to becoming Houston’s mayor or the perceived failures of the past administration.

    The mayor spent the first 30 minutes of his nearly 45-minute chat in front of more than 1,600 audience members at Hilton Americas taking questions about his time prior to being Houston mayor. Moderator William F. McKeon, the president and CEO of Texas Medical Center, flashed photos from the mayor’s childhood, his hometown of Hillsboro and some during his time as dean of the Texas Senate on the screen, at one point asking Whitmire to identify the shape of inkblots to prove the mayor was speaking off the cuff, before finally asking a question on city and county collaboration.

    Whitmire took questions about some of the biggest top-of-mind issues surrounding the changes has made in his eight months in office so far after the address.

    His administration has said repeatedly it inherited a bevy of issues when he took over this past January.

    Whitmire’s team made a gamut of changes to fix some of those issues. The mayor made due on his promise to the fire union and settled the more than $1.5 billion deal, and he proposed and passed a new budget that included no tax hikes for city residents or extra fees.

    Yet as financial concerns rise, the mayor in his Tuesday talk did not address topics surrounding the impact of his changes – like how his administration will pay the $1.5 billion fire settlement or plans to potentially raise taxes to offset damages incurred from Hurricane Beryl, among others.

    One upcoming change he teased out in his talk and elaborated on to reporters after the event was a plan to open navigation centers around the city with Housing Director Mike Nichols and homeland security director Larry Satterwhite to help get the city’s unsheltered population off the streets.

    He also reiterated that he wasn’t going to raise taxes until his administration had done the best it could to eliminate waste, duplication and corruption.

    “Property taxes right now is not on my agenda,” Whitmire said. “Property tax increase is not something I have scheduled because, quite frankly, you have to look at the totality of the picture with the HISD bond, with the Harris County drainage maintenance fee.”

    And as far as his next four months go, he said the city needs to work on resilience and building its public safety sectors, as well as dealing with its water supply.

    The mayor did not give a timeline for when he would roll out a plan to address city finances, but the deadline to make any change is Oct. 28.

    “We got some time,” Whitmire told reporters.

    OK then. I guess the State of the City address wasn’t the time to talk about that.

    I do want to address the property tax situation, because last week we got this.

    Following widespread damage from Hurricane Beryl and the May derecho, Mayor John Whitmire’s administration is considering higher-than-usual tax rate hikes to pay for nearly $40 million in recovery costs.

    The two disasters have left Houston with an estimated bill of $211 million, which includes the costs of debris removal, emergency efforts like flood mitigation, as well as repairs to local roads, buildings and utilities, according to finance director Melissa Dubowski.

    The Federal Emergency Management Agency is anticipated to cover about three-quarters of the cost, or $158 million, leaving the city responsible for the remaining $53 million, Dubowski said. Of the city’s share, about $40 million will come from the general fund, primarily supported by tax revenue, and $13 million will come from other funds tied to specific operations like airports.

    Houston already faces a $160 million budget shortfall for the fiscal year that began in July, and the city’s recent agreement with the firefighters union is expected to put further strain on its finances.

    To avoid further budget cuts and cover the $40 million from disaster-related costs, the city would need to raise the tax rate by at least 3.2 cents per $100 of property value, Dubowski said. For the average owner of a homestead property, this would mean an annual tax bill increase of about $166 from the current tax year.

    Mary Benton, Whitmire’s spokesperson, said the mayor’s current priority is to reduce expenditures and avoid raising taxes. She noted that Whitmire is prepared to push the City Council to reduce the budget but did not offer specifics about his planned reductions.

    Council Member Sallie Alcorn, chair of the Budget and Fiscal Affairs Committee, said it might be challenging to find sufficient budget cuts without impacting essential city services.

    “Nobody likes to raise a tax rate — we’ve been lowering it for 10 years — but we’ve also been hearing complaints about city services in decline for several years,” Alcorn said during a Monday committee meeting. “We scrubbed the budget as much as we could. … If we’re talking about additional cuts, we’ll get something like the library budget, the solid waste budget.”

    […]

    As a result of the city cap, Houston has had to cut its tax rate in nine of the last 10 years, from 63.88 cents per $100 of property value in 2014 to 51.92 cents in 2024. Altogether, the restriction has led to $2.2 billion in lost revenue over the past decade, and Houston’s current tax rate is lower than that of all major Texas cities except Austin, according to Dubowski.

    City and state laws, however, allow exceptions in the case of a declared disaster. So far this year, Gov. Greg Abbott has issued three disaster declarations for Harris County — one for flooding in April, another for the May derecho and a third for Hurricane Beryl in July. This gives Houston the option to significantly raise its tax rate.

    On Monday, Dubowski outlined several tax rate scenarios for the upcoming tax year. At the lower limit, if the city keeps the current rate, it would need to cut an additional $86 million from its budget. At the upper limit, if the city adopts the maximum rate legally allowed under disaster exceptions, it could not only avoid cuts but also generate a $79 million surplus, which Dubowski said could further help fund disaster recovery efforts.

    The finance director emphasized the tradeoffs between tax savings and service delivery.

    “People want more done with their garbage collection. They want to have public safety as a priority with more officers. We saw the lack of having a contract with the fire department for so many years,” Duboswki said. “There’s both sides of the same coin. Yes, you had a lower bill, but your services have been impacted as well.”

    The disaster exceptions, officials said, offer an opportunity for the city to restore some financial stability. Houston invoked the same exceptions to collect more revenue after the Memorial Day Flood in 2015, the Tax Day Flood in 2016 and Tropical Storm Imelda in 2019. It did not do so after Hurricane Harvey in 2017, Dubowski said, when the city received more financial support from the federal and state governments.

    Yes, I know, no one likes paying higher property taxes. I’m a homeowner, I’ll feel the effect of any hikes. But I don’t see how going another $40 million in the hole is in any way “fiscally responsible”. We have this one time opportunity to not only pay for the damages caused by two major storms, but also generate a little extra revenue beyond that, which among other things could be a down payment on the pay raise we’re giving the firefighters and the police. But sure, keep looking for waste, and no rush telling us what in the budget you’d cut.

    Oh, and in regard to the concern about the HISD bond referendum: Assuming it does pass, which is not a bet I’d make, HISD swears that it won’t involve a tax increase. There is a reason why that’s a credible claim, which is that HISD has basically paid off the 2012 bond by now, so there’s room in the budget for the next bond payments. That’s a subject I explored in a forthcoming interview with proponents of the bond; look for that soon.

    Posted in Local politics | Tagged , , , , , , , , , , , , , , | 2 Comments

    We could have already had charges against Ken Paxton by now

    This is frustrating, but if we do get there in the end it’ll be all right.

    Still a crook any way you look

    Federal prosecutors in Texas had drafted bribery and obstruction charges against state Attorney General Ken Paxton (R) before the US Justice Department took over the case in early 2023, according to a person familiar with the investigation.

    Now almost two years later, the probe into Paxton’s alleged bribery and misuse of office has continued, including in a recent deposition of Aaron Reitz, Paxton’s former deputy for legal strategy and now Texas Sen. Ted Cruz’s chief of staff, another source said. Appearing before a grand jury on Aug. 6 in Austin, Reitz answered prosecutors’ questions about Paxton’s termination of whistleblower employees in 2020, a source said.

    Reitz’s testimony shows that prosecutors are moving forward in interrogating Paxton aides after a federal appeals court ruled in June that they must testify because they aren’t entitled to attorney-client privilege.

    Prosecutors haven’t announced any charges in the almost four-year-old probe.

    Before the Justice Department took control last year, San Antonio-based prosecutors led the investigation for more than two years. The prosecutors were awaiting approval from the Justice Department to present the charges to a grand jury when the higher office took over, the source said, adding that the reason for the switch in teams is unclear.

    Ashley Hoff, then-US Attorney for the Western District of Texas, declined to comment.

    The decision to subpoena Reitz shows prosecutors are interested in allegations that Paxton, a three-term Republican, violated the federal Whistleblower Protection Act in firing employees who made a complaint against him to the FBI.

    Reitz helped prepare an internal office report that examined allegations from the fired employees that Paxton engaged in bribery with a friend and concluded Paxton had done nothing wrong, according to an email used as evidence in Paxton’s impeachment trial last year. Reitz is quoted in a report used in the trial saying the aides were fired for “holding the agency hostage,” with poor work habits, not for the FBI complaint.

    Reitz didn’t respond to multiple requests for comment, nor did the Justice Department. Cruz declined to comment on Monday, referring questions to a spokesman who did not return requests for comment.

    See here, here, here, and here for the latest stories in this long-running saga. If there was news about that Fifth Circuit ruling in June, I either missed it or didn’t get around to noting it. For what it’s worth, I heard some gossip about the federal prosecutors in Texas being ready to bring charges, sometime after the Justice Department took over the case. There were certainly reasons to think this meant the case was going to be buried, but it doesn’t appear that is what happened. Good thing, as this may be the only way we ever get to hold Paxton accountable for anything. That said, it’s all theoretical until indictments are unsealed. Keep hope alive. Thanks to Campos for the catch.

    Posted in Crime and Punishment | Tagged , , , , , , , , , , , , | Comments Off on We could have already had charges against Ken Paxton by now

    Texas blog roundup for the week of September 16

    The Texas Progressive Alliance is still catching up on all the cat memes as it brings you this week’s roundup.

    Continue reading

    Posted in Blog stuff | Tagged , | Comments Off on Texas blog roundup for the week of September 16

    Travis County files its own lawsuit over its voter registration efforts

    Counterpunching.

    Still the only voter ID anyone should need

    Travis County officials sued Attorney General Ken Paxton and Secretary of State Jane Nelson on Tuesday over the state’s attempt to block attempts to sign up more voters ahead of a hotly contested presidential election.

    The new federal lawsuit escalates a pre-election war between Republican state officials and Democratic urban county leaders over voter registration efforts and accuses Texas officials of violating the National Voter Registration Act. Developments in the ongoing battle continue unfolding as the Oct. 7 deadline to sign up to vote looms.

    “Today, Travis County, once again, fights back,” Travis County Attorney Delia Garza said during a press conference Tuesday.

    […]

    Garza said the new legal filings transfers Paxton’s state lawsuit to federal court. Travis officials are asking the federal court to allow them to continue sending out voter registration applications. The filing came one day after a judge denied Paxton’s request to block Bexar County, home to San Antonio, from mailing out voter registration applications to its residents. The court found no reason to grant the request since the county had already mailed out the forms. Bexar County is also strongly Democratic.

    Travis officials allege Paxton violated Title 52 of the Voting Rights Act by trying to prevent them from carrying out their duties to promote people’s right to vote. They accuse Nelson of doing nothing to stop Paxton’s alleged unlawful conduct. They argue that the state law not only allows them to send out the applications, but also encourages them to do so.

    Garza pointed out that a state law provision states that local governments can be reimbursed for mailing out voter registration applications to its residents.

    See here for more on the Paxton lawsuit against Travis County, and here for more on what happened in Bexar County. I’m always happy to see someone take the fight to Ken Paxton, but I’m also always nervous about any voting rights litigation in the federal courts, for all the obvious reasons. I have no reason not to trust the Travis County folks – they know better than I do what they’re doing and I’m sure they understand the risks involved – bit I’m still nervous. I will of course keep an eye on this. The Statesman has more.

    Posted in Legal matters | Tagged , , , , , , , , , , , , , , , | 1 Comment

    The Energy Transfer pipeline fire

    This is never a good thing:

    A fire visible from outer space. Not what you want.

    There’s lots of coverage of Monday’s fire out there. I’d like to focus on this story about one aspect of it.

    The gigantic plume of fire that shot up from a pipeline might have been sparked after an SUV crashed through a parking lot fence and hit an above-ground pipeline valve, Deer Park officials said Monday evening.

    The development added new insight and more questions into the series of events that caused a fire that led to the evacuation of neighborhoods in Deer Park and La Porte as natural gas from the pipe burned for hours.

    The crash happened around 10 a.m. Monday. Officials said a white SUV broke through a fence on the west side of the Walmart Supercenter lot on Spencer Highway in La Porte.

    The SUV continued driving through the field until it hit the pipeline, officials said. The field contained a vertical part of the pipeline that stuck up out of the ground and was surrounded by a fence.

    Officials said they were still investigating other details about the SUV, including what happened to its driver.

    In a news release Monday night, Deer Park city officials said police and the FBI did not believe the crash was an act of terrorism and called it an “isolated incident.” They did not provide any more information.

    Okay, first of all I hope the driver is OK, though to be honest I’m not sure how one might survive this experience. Be that as it may, what I really want to know is, how did this happen? Like, was that valve someplace where it might potentially be driven over? The story says the SUV “broke through a fence on the west side of the Walmart Supercenter” (you can see an initial statement from the city of Deer Park here). Not the strongest of fences, I guess. Was there a barrier around the valve? Any other protection for it beyond that apparently flimsy fence? Maybe going forward there ought to be. Are there other valves like this one out there, with similarly suspect protection?

    It may be that this was a true fluke, a one in a million shot that could not have been reasonably anticipated or prevented. All I’m saying is, let’s investigate that and figure it out. I’m sure the pipeline company will do its own investigation – this couldn’t have been good for their business, after all – but we need the cities of LaPorte and Deer Park, Harris County, and the state of Texas to do the same. They’re the ones that can see what the broader risk is and do something to mitigate it. It’s early, the fire is still burning as I write this, so one can expect something to happen in due time. I’m just putting this out there, because we ought to hear about it and learn what the investigations uncover. That’s all I’m asking.

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

    Endorsement watch: Catching up

    The Chron has been doing endorsements a few days a week, one at a time, in no particular order. Here are three recent ones, to catch up a bit.

    CD22: Marquette Green-Scott

    Marquette Greene-Scott

    Marquette Greene-Scott says she never got to know the version of her father that her older siblings remember growing up in Louisiana — the active, loving parent who would walk his kids to school, provide for his family and do “everything that a father would do.”

    The father she knew was the man who came back from fighting in the Vietnam War a shell of his former self: traumatized, irritable and abusive. That experience has shaped Greene-Scott’s advocacy for veterans and their families, an issue she has made a pillar of her long-shot Democratic campaign against incumbent Republican U.S. Rep. Troy Nehls.

    “It’s so important to me that we understand the sacrifices that military families make,” she told the editorial board. “I sacrificed my father for this country, nobody’s going to tell me I’m not patriotic.”

    Greene-Scott’s perspective is an interesting contrast to Nehls, 56, an Army veteran who served in Afghanistan and Iraq and is running for his third term in Congress.

    While that experience would seemingly give him an edge on veterans issues, Nehls has come under fire for wearing a Combat Infantryman Badge that he allegedly didn’t earn. A CBS News investigation found that Nehls’ Combat Infantryman Badge for his service in Afghanistan was rescinded due to the fact that he served as a civil affairs officer and not as an infantryman or Special Forces soldier. Yet Nehls continued to wear his Combat Infantryman Badge pin on his suit jacket, sparking accusations of “stolen valor” from several House Republicans, including U.S. Rep. Wesley Hunt, his colleague in the Texas delegation and an Iraq war veteran.

    While Nehls finally stopped wearing the pin in June, rather than take accountability, he blamed the “dishonest media.” For Greene-Scott, 53, Nehls wearing a medal he wasn’t awarded personally offends her. Her father was a combat infantryman and “suffered as a result of it,” she said.

    My interview with Marquette Green-Scott from the primary is here. She’s a fine candidate, she would be a breath of fresh air after a one-note wingnut like Rep. Troy Nehls. She hasn’t raised much money, which is unfortunate. CD22 is not likely to be competitive, but I hope it will show some improvement from 2020 and maybe put itself on the “districts to watch” for the future list.

    HD132: Chase West

    Chase West

    In May, Katy-area state Rep. Mike Schofield shared a message on his Facebook page saluting teachers’ “tireless efforts” as part of Teacher Appreciation Week. His otherwise sleepy page with posts from chambers of commerce gatherings, holiday celebrations and charity events earned just as many thumbs up as it did angry and laughing emojis.

    The Republican incumbent has voted in support of “vouchers,” the concept of paying Texas parents public money to send their kids to private schools. In a session where increased public school funding was largely derailed by Gov. Greg Abbott’s obsessive quest to bring vouchers to Texas, Schofield’s appreciation of teachers came up a few dollars short.

    That’s not to say he did nothing for education last session. He reached across the aisle to co-author a bill with state Rep. Jon Rosenthal, D-Houston, that would’ve allowed benefits for retired teachers to at least keep pace with inflation. Instead, they got a one-time, cost-of-living bump thanks to a generous state budget surplus.

    Perhaps the most notable law he championed was a bill that returned Harris County’s elections to the county clerk, doing away with the short-lived, and troubled, county election administrator position. While some worried the bill was a partisan effort to meddle in local autonomy over elections, we believe restoring the elections to the capable hands of the Harris County clerk, Democrat Teneshia Hudspeth, has been a positive change so far. Schofield, 60, was also part of the sponsor pile-on that pushed through restrictions and penalties on “sexually oriented” performances. Beyond that, his record of recent successes skews far wonkier and niche.

    When Democratic challenger Chase West looks at Schofield’s record, he sees a legislator divorced from the concerns he hears most while campaigning across the 132nd District, including education.

    West has run before but, this time, with experience as a substitute teacher in Katy ISD, the 42-year-old said he’s really focused on helping struggling public school districts. In nearby Cy-Fair ISD, the budget tightening has tilted toward the extreme: deep cuts to the district’s librarians and fewer bus routes that have left some students walking much farther to get to school.

    “There are kids that are walking up to 2 miles to and from school in the heat, rain, whatever,” West told the editorial board. He’s even gone to the school board meeting to share his concerns.

    Our schools and students shouldn’t be in this position, West says. We agree. Teacher Appreciation Week should last longer than a week.

    I interviewed Chase West for the 2022 primary, which you can listen to here. HD132 was made more Republican in the 2021 redistricting, and wasn’t particularly close in 2022, but I do expect things to be better this year. West has raised a little bit of money; with a good third quarter he could have enough resources to run something resembling a campaign. This district could be interesting in a strong Democratic year, but as with CD22 I’ll be hoping for an improvement to make it more of a target down the line.

    HD150: Marisela Jimenez

    Marisela Jimenez

    Texas House District 150, which includes Spring and Klein, has been solidly Republican since it was created in the early 1980s. Just three representatives have filled the seat, including incumbent Valoree Swanson. The Spring area lawmaker won her most recent election with roughly 61% of the vote.

    But Democrat Marisela “MJ” Jimenez still sees an opportunity.

    “The community is radically different,” Jimenez said of the four-decade-old district, “not just demographically, but economically.”

    A naturalized citizen born in Mexico, Jimenez, 47, wants to represent people she feels are currently left behind in the increasingly diverse area. Having lived all over the country, the management and public administration professional has a varied background working for private, government and nonprofit entities, including reporting to high-ranking military officers on a base in Hawaii. She moved to the district only four years ago but says it was her experience elsewhere that allowed her to see what she and her neighbors in unincorporated communities were missing out on as they dealt with aging infrastructure, underfunded schools and public safety gaps.

    “That’s not what I was used to,” Jimenez told the editorial board.

    Even though a state representative has limited jurisdiction to directly provide the services Jimenez highlighted as lacking, she argued that as the face of the district, a lawmaker’s ability to collaborate with other officials to get things done can make a difference at the local level.

    She’s never held elected office and, in conversation, seemed a little light on the ins and outs of the legislative process that could help advance her agenda: funding public schools, advancing women’s reproductive rights and reforming immigration policies, among other priorities.

    We believe she’s still a better candidate for the district than the incumbent, who has spent too much of her four terms in office advancing what we called a “divisive, even dangerous” agenda in the 2022 primary.

    Jimenez was unopposed in the primary and I confess I had paid no attention to this race before I read this endorsement op-ed. Swanson, who like the other Republicans in these races didn’t show up for the endorsement interview, is a wingnut’s wingnut, who won her seat by out-crazying Debbie Riddle. HD150 is not competitive, though as with the rest of Harris County not nearly as red as it once was. That may someday catch up to Valoree Swanson, but this is not the year that will happen. I wish MJ Jimenez all the best, she’s doing good work in a tough district.

    Posted in Election 2024 | Tagged , , , , , , , , , , | 2 Comments

    Too late, Kenny

    Hilarious.

    Still a crook any way you look

    Attorney General Ken Paxton’s office sought a temporary restraining order to stop Bexar County’s hired vendor from mailing out unsolicited voter registration forms — but lawyers for the county said Monday morning that it was too late, they’ve already been sent.

    Bexar County Commissioners approved a contract with Civic Government Solutions LLC, on Sept. 3 to mail prefilled voter registration applications to 210,000 potential voters ahead of the 2024 presidential election. The voter registration deadline for that election is Oct. 7.

    Though the move drew an immediate lawsuit from Paxton, who argued Bexar County didn’t have the authority for such a program, his office never showed up to request a temporary restraining order roughly 10 days ago.

    When lawyers for the opposing sides finally went before a judge on Monday morning, Bexar County Assistant Criminal District Robert W. Piatt III, said the letters had already been sent last week.

    “Your Honor, no one can be enjoined from the mailing of voter registration applications at issue today because those applications have already been mailed,” Piatt said. “As we speak here today… the target of the mailing — qualified individuals who recently moved to or within Bexar County — have received those forms, and perhaps have already returned them.”

    On Monday, the state’s representation filed an updated request roughly three hours ahead of the scheduled hearing asking that no additional letters go out.

    […]

    Judge Antonia Arteaga in the 57th Civil District Court twice recessed the hearing for the lawyers to discuss the case, and to call [Bexar County Elections Administrator Jacque] Callanen and summon her to the hearing. She arrived just as it was ending.

    Arteaga denied the state’s request, agreeing with the county that there was no reason to issue an injunction since the contract had been completed.

    “If there are no further mailings to go out, there really is no more relief that’s necessary,” Arteaga said.

    See here and here for the background. I’ve never thought much of Ken Paxton’s lawyering – he does well when in front of a handmaiden judge or panel of justices, as anyone would, but has never achieved a truly big win in front of a more neutral court – but I usually credited him with being able to turn his homework in on time. This is just embarrassing, a total unforced error that any first-year law student ought to be able to avoid. I can’t stop laughing.

    I suppose there could be some legal shenanigans later in the process related to this, like challenging particular votes or groups of voters. While I’ve no doubt that Paxton still has plenty of dirty tricks in his bag, I can’t borrow trouble and worry about the what-ifs now. He’s gonna do what he’s gonna do, so let’s enjoy it when he screws up. Hey, Travis County, did you send your stuff out before Paxton could get off his butt, too? I sure hope so. The Trib has more.

    Posted in Legal matters | Tagged , , , , , , , , , | 3 Comments

    Spring Branch ISD single member district lawsuit trial concludes

    Now we wait.

    The federal trial between Spring Branch ISD and a parent alleging the district violated the Voting Rights Act sheds light on what the plaintiffs characterized as vast inequities fueled by a lack of elected representation from the district’s northside.

    Cross-examinations between the plaintiff Virginia Elizondo’s lawyer, Barry Abrams, and three Spring Branch ISD trustees grew tense Thursday and Friday as Trustees Chris Earnest, John Perez and Courtney Anderson advocated for the at-large system the district uses that allows voters to cast ballots for all seven seats on the school board.

    That system, the plaintiff’s side argued, dilutes the Hispanic vote from the north side of the district, a population that encompasses more than half of Spring Branch ISD’s students and forms a majority of the voting-age population in at least one single-member district.

    Perez, a Hispanic trustee elected in 2022, fervently denied that claim.

    “There is no one lived experience of Hispanics in the district,” he said. “A single Hispanic isn’t going to be able to walk in and understand the tapestry of Hispanic lived experiences… You’re looking at ideologies and political factions across the Hispanic community that no single person is going to say ‘I have the unified banner.’”

    He also took offense to the term “token Hispanic,” which the judge and the plaintiff used to describe his position and asked the plaintiff to apologize “on behalf of the district.”

    Earnest, who along with Perez and Anderson represents himself as a conservative and ran on a platform of conservative values, said that he believed the at-large system “forces you to consider what’s best for the entire district as opposed to what’s best for my kids.”

    When the board voted earlier this year to make $35 million in budget cuts, for example, he decided to eliminate Stratford High School’s block schedule, a decision that upset many of his friends with children at the school, but he believed was best for the district overall.

    This particular round of budget cuts was heavily scrutinized during the proceedings, because all schools closed were on the north side. The district has said that was because of inefficiencies in those campuses, but Abrams countered that, saying that there was less discussion about the school closures on the north side than about aligning high school schedules across the district.

    He implied during questioning with witnesses that this may have been because there was no representative on the board from the north side, and that north side voters, according to elections expert and Rice University professor Bob Stein, did not prefer a single candidate sitting on the board, providing a lapse in representation across a “divided” Spring Branch ISD.

    See here for the background. The story has a lot of detail from the last day of the trial, so do go read the whole thing. One comment I’ll add, about the “surprising turn” on the last day in which two Poli Sci professors from Rice testified, one each for the plaintiffs and defendants, is that that was nothing new. I don’t know how often Bob Stein serves as an expert witness for these matters, but John Alford has been a consultant for Republicans and an expert witness for VRA defendants since at least the 2003 Tom DeLay re-redistricting. His history may extend farther back, but that’s as far back as I go in following this sort of thing. Anyway, you can expect the verdict to take several months to be delivered, you can expect it to have an effect on the other lawsuits in the pipeline, and you can expect it to be briskly appealed.

    Posted in Legal matters | Tagged , , , , , , , , | 1 Comment

    How about a Dem for Speaker?

    Ana-María Rodríguez Ramos, come on down!

    Rep. Ana-Maria Ramos

    A Texas House Democrat is joining the crowded field to challenge Republican Rep. Dade Phelan, R-Beaumont, for the speakership.

    Rep. Ana-María Rodríguez Ramos, D-Richardson, told The Texas Tribune she felt energized to run for the leadership post after attending the National Democratic Convention and speaking to grassroots activists around the state.

    “Michelle Obama stated a call of action and said, ‘Don’t sit around and complain, do something,’” Rodríguez Ramos said. “So I decided to run for speaker of the House.”

    Democrats are the minority party, with 64 seats in the 150-member Texas House, so Rodríguez Ramos faces an uphill battle. Despite that, Rodríguez Ramos is confident that Democrats can flip the house this November.

    “We need every voter to not only come out and vote for the national level,” Rodríguez Ramos said. “But also vote to change this extremist agenda that’s been advancing here in Texas.”

    She said Democrats are unified with her, unlike state Republicans.

    […]

    Phelan won the gavel in 2021 and again in 2023 with widespread bipartisan support. Rodríguez Ramos, who voted present, was the only Democrat to not vote for Phelan in 2023.

    “It’s not his personality; it’s his politics,” she said.

    Rodríguez Ramos said the contested speakership race shows how chaotic Republicans have become. She pointed to Republicans’ legislative priorities, which she said don’t represent all Texans, and compared the State GOP priorities to “Project 2025.”

    “I am the right Democrat to help us as we stop this extremist agenda,” Rodríguez Ramos said.

    New day, new Speaker candidate, it seems. To review the bidding again, Rep. Ramos joins Tom Oliverson, Shelby Slawson, David Cook, James Frank, and Rep. John Smithee in the ring. While I would call it a longshot for Dems to regain the majority, as there are many seats that would need to be won, mostly in majority-Trump places, and a smaller number of Dem candidates who have the financial support to mount serious campaigns, it is not unprecedented for a Dem in similar circumstances to give it a shot. Rep. Senfronia Thompson has done it twice before, in 2006/2007, and again in 2020. For obvious reasons, she’s at the top of my list, but she’ll need a lot more support than that. I wish her all the best.

    Posted in That's our Lege | Tagged , , , , , , , , , , , , | 2 Comments

    Interview with Lindsay London of the Amarillo Reproductive Freedom Alliance

    I have written a couple of times about the Amarillo Reproductive Freedom Alliance, which was formed earlier this year to fight the so-called “Sanctuary Cities for the Unborn” proposition that is on the city of Amarillo’s ballot this November, after its zealots failed to get it approved by City Council. This is one of the unfortunately too many abortion travel bans that have been passed in various Texas and now New Mexico towns, for the purpose of making people who might seek an abortion trapped and unsafe, as well as anyone who might help them. It’s based on SB8, the vigilante bounty hunter law as well as a belief in the Comstock Act, and ought to be easily declared unconstitutional, though one never knows in Sam Alito’s America. The best way to solve a problem like that is to prevent it from becoming one in the first place, which is ARFA’s mission. I’ve wanted to talk to them ever since I learned of their existence. Now you can listen to my conversation with one of ARFA’s co-founders, and then go click on their link and give them a hand.

    PREVIOUSLY:

    Erica Lee Carter, CD18 special election
    Sylvester Turner, CD18 general election

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

    More on Paxton versus the State Fair

    This guy, I swear.

    Still a crook any way you look

    Attorney General Ken Paxton this week withdrew an eight-year-old legal opinion that gave private nonprofits the green light to ban guns on land they lease from a city — a move that comes as Paxton challenges the nonprofit State Fair of Texas’ ban on firearms.

    Paxton, a Republican who ardently opposes gun restrictions, sued the city of Dallas and state fair officials last month, arguing the State Fair of Texas had violated state law that largely bars local governments from restricting firearms on land they own or lease. Fair Park, the site where the fair is held, is owned by the city of Dallas and leased to the nonprofit that runs the fair. The event is set to run from Sept. 27 through Oct. 20.

    In court filings, Paxton argued that the private fair organizer “acts under authority” of the city and cannot ban guns at the site. City and fair officials have insisted the city has nothing to do with how the nonprofit operates the event and played no role in this year’s gun ban — thus making the policy fair game, they argue. Both entities say the attorney general’s case is at odds with an opinion he issued in 2016, which found that private entities could post notices banning guns on government-leased land without fear of civil penalty as long as said government “has no control over the decision to post such notice.”

    Later in 2016, an official from Paxton’s office cited that opinion in finding that firearm-banning notices could be posted at the entrances of the Fort Worth Zoo because, while the zoo is on city-owned land, the city contracts with a nonprofit corporation to oversee the zoo’s operations and management.

    The attorney general’s website states that the 2016 opinion — which is legally nonbinding — was withdrawn “pending issuance” of Paxton’s forthcoming opinion responding to two Republican lawmakers who questioned last month whether the State Fair of Texas was “operating jointly” with the city and thus prohibited from banning firearms at the fairgrounds. A spokesperson for Paxton’s office did not respond to a request for comment Friday.

    In their letter to Paxton requesting his opinion, state Sen. Mayes Middleton of Galveston and state Rep. Dustin Burrows of Lubbock argued that the city “exerts significant control over the operations of the fair” and is “intertwined” with the private organizer.

    Attorneys for the State Fair of Texas denied the claim, writing to Paxton that it was based on “mistaken assumptions” about the nonprofit’s relationship with the city.

    “There is no overlapping leadership structure between SFOT and the City,” the nonprofit’s attorneys wrote. “SFOT is currently governed by a 20-person board of directors, none of whom are government employees, government officials, or government appointees. SFOT is also financially independent and does not receive any money from the City to host the Fair.”

    The fair’s attorneys also pointed to a prior court ruling that found the city “has no say in SFOT’s internal decision making” and shot down a case that alleged the State Fair was essentially “a shell corporation” for the city.

    See here for the background. The law hasn’t changed, they’re just trying to fit the facts to their preferred narrative. Changing the previous opinion – again, in the absence of the law changing – is just politics. I hope the courts – we know this will make its way to SCOTx – see it that way as well.

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