The cost of the Michelin stars

Seems like a reasonable investment to me, to be honest.

In July 2024, the Michelin Guide, the international dining guide run by the French tire company Michelin, announced that it had finally made its Lone Star State debut. Many speculated that the guide’s arrival in Texas — to five cities, no less — would come at a hefty cost. And lo, behold: it did.

Houston First, the city’s tourism department, revealed that it is paying $90,000 per year for three years — meaning the city will invest a whopping $270,000 to have the Michelin Guide here in Houston. Holly Clapham-Rosenow, Houston First’s chief marketing officer, says the city redirected some of its budget from various departments to the guide, which is standard for opportunities that come about during the year or when business strategies shift. “Budgets have some fluidity if the right opportunities come about, and opportunities like Michelin, Top Chef, and James Beard — we’re going to jump on them,” she says, adding that the investment seemed worth it considering the culinary scene is one of Houston’s biggest traveler draws.

According to Houston First’s 2023 Strategic and Budget Summary, money spent on food and beverage accounts for around 32 percent of the money spent during day trips to Houston and 24 percent of the money spent during overnight trips — the highest cost behind lodging. The tourism department itself budgeted $15.7 million, or 17 percent of its annual total budget in 2022, for the city’s dining scene. “From our perception, our culinary scene and cultural diversity are leaders and have been. We refer to ourselves as the culinary and cultural capital of America,” Clapham-Rosenow says. “Our diversity comes with great flavors that are reflected in many different areas, and it’s truly a reflection of our city’s DNA as a destination.”

Clapham-Rosenow says that while Houston’s tourism department worked closely with other Texas cities, including Austin, Dallas, Fort Worth, and San Antonio, on the Michelin initiative, the department is not privy to how Michelin uses funds from state or city tourism boards, or how many Michelin inspectors will be venturing to Houston’s restaurants for research. “But I could only imagine a city like Houston, with more than 11,000 restaurants, they’d need to hire enough inspectors to do an adequate sweep,” she says.

[…]

For now, Clapham-Rosenow calls the Michelin partnership a perfect match. “It’s a global culinary brand in a global culinary city. It really strengthens Houston’s reputation as a culinary capital,” she says. Though some chefs have communicated concerns about how the guide’s presence might influence the scene, most have been excited about Houston getting its stars, she says. Some chefs have noted that it could help them recruit young talent to the Houston area, while others say reservations at their restaurants have already increased with just the speculation that they could receive Michelin recognition.

“I’m glad we were able to create that opportunity,” Clapham-Rosenow says of the heightening anticipation surrounding the news. She predicts that the guide’s official publication with be a monumental moment for every participating city. “Celebrating the awards will be a second chapter,” she says. “The excitement has just begun.”

The three-year agreement, Clapham-Rosenow says, will give both Michelin and the city enough time to understand the benefits of its partnership. She predicts that discussions to renew the guide in Houston will begin around halfway through the three-year assignment.

See here for the background. WFAA had previously reported that the state of Texas Travel Office is paying for half of the entire cost of the Michelin Guide, with each of the five cities splitting the rest. That makes the total annual cost a cool $900K per year, divided between the five cities and the Travel Office.

My initial reaction to that is “hey, wow, an arm of the state government is doing something beneficial for cities!” I mean, who even knew that was a thing. It’s a decent amount of money in all, though a pittance in terms of state and city budgets. I do feel a little weird about this arrangement, for reasons I can’t fully articulate. This is how Michelin does it, everyone knows that, and there’s not really a comparable alternative out there. Either you do or you don’t, and while one can make a principled argument for “don’t”, this is the sort of thing that the city’s visitor’s bureau is supposed to do. It’s positive attention for the city, and it will drive some tourism. From the perspective of Houston First, it’s a no-brainer.

There’s a nuanced conversation to have about the effect of Michelin ratings – see the previous post for some of that – and the fact that we pay for it adds to the complexity. For sure, if that dollar figure had been higher, it would seem less worthwhile. I’m comfortable saying this was a good investment, but I’m open to further discussion. Does this change how you feel about it? What if anything would?

UPDATE: The Fort Worth Report has more.

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July 2024 campaign finance reports – Harris County offices

PREVIOUSLY:
Senate and Congress
State offices

Lina Hidalgo

Rodney Ellis
Adrian Garcia
Tom Ramsey
Leslie Briones

Sean Teare
Dan Simons

Ed Gonzalez
Mike Knox

Christian Menefee
Jacqueline Lucci Smith

Annette Ramirez
Steve Radack

Teneshia Hudspeth
Carla Wyatt
Marilyn Burgess


Candidate     Raised       Spent       Loan     On Hand
=======================================================
Hidalgo      187,400     191,623     51,400      66,750

Ellis        807,040     425,843          0   6,239,978
Garcia       812,725     400,197          0   1,487,554
Ramsey       558,834     398,175          0   1,537,435
Briones      398,260     342,025          0   1,539,261

Teare        420,399     270,175          0     154,034
Simons       136,734      53,464     45,000      98,359

Gonzalez      80,809      81,993          0      51,586
Knox          37,896      24,425    100,000      64,434

Menefee       34,864      66,829          0     262,294
Smith         11,325      14,369     20,000           0    

Ramirez       18,457      29,539          0       3,719
Radack             0      49,220          0     715,239

Hudspeth       6,200       8,686          0      14,342
Wyatt            290           0          0       3,698
Burgess       27,714      14,515      5,207      26,747

The July 2023 reports for Harris County are here and the January 2024 reports are here. Everyone who was on the ballot in March filed 30-day and 8-day reports for that period; Annette Ramirez, who was in the May runoff also filed reports for then. Any weirdness in comparing the January reports to this is almost certainly explained by that. It also means that the length of the period in which money was raised and spent varies with who the filer was.

My first reaction in looking at Judge Hidalgo’s report and totals is “Huh”. Put aside for now the question of whether she’ll face a prominent opponent in the 2026 primary, I’d like to know why for two periods in a row she’s spent more than she’s taken in. That’s not sustainable. I’ll just leave it at that.

The Commissioners are all around where I’d have guessed them to be. I expect they will all be involved in November campaign activities. Neither Rodney Ellis nor Tom Ramsey has any reason to worry about their own races, but they (and Adrian Garcia, and Leslie Briones) have plenty of things to do with other candidates and campaigns.

Sean Teare and the DA race were the big dollar tickets before, and they remain so now, though likely with less spending until we get into the fall. For what it’s worth, Kim Ogg had raised $58K, spent $342K, and had $12K on hand as of the end of June.

Beyond that, not much to say. Christian Menefee spent down his treasury a bit but still has plenty in reserve. Ed Gonzalez currently has less on hand than Mike Knox, but the amounts are small enough to not really matter. There’s usually not much spent on the Tax Assessor’s race; Stave Radack’s longstanding cash total could change that, but it’s not worth thinking about right now.

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Full Fifth Circuit overturns Galveston redistricting ruling

Terrible. They’re just making this shit up as they go.

Commissioner Stephen Holmes

Distinct minority groups cannot join together in coalitions to claim their votes are diluted in redistricting cases under the Voting Rights Act, a divided federal appeals court ruled Thursday, acknowledging that it was reversing years of its own precedent.

At issue was a redistricting case in Galveston County, Texas, where Black and Latino groups had joined to challenge district maps drawn by the county commission.

A federal district judge had rejected the maps, saying they diluted minority strength. A three-judge panel of the New Orleans-based 5th U.S. Circuit Court of Appeals initially upheld the decision before the full court decided to reconsider the issue, resulting in Thursday’s 12-6 decision.

Judge Edith Jones, writing for the majority, said such challenges by minority coalitions “do not comport” with Section 2 of the Voting Rights Act and are not supported by Supreme Court precedent. The decision reverses a 1988 5th Circuit decision and is likely to be appealed to the Supreme Court.

“Nowhere does Section 2 indicate that two minority groups may combine forces to pursue a vote dilution claim,” wrote Jones, who was nominated to the court by former President Ronald Reagan. “On the contrary, the statute identifies the subject of a vote dilution claim as ‘a class,’ in the singular, not the plural.”

Jones was joined by 11 other nominees of Republican presidents on the court. Dissenting were five members nominated by Democratic presidents and one nominee of a Republican president. The 5th Circuit reviews cases from federal district courts in Texas, Louisiana and Mississippi.

See here, here, and here for some background. Courthouse News adds on.

The ruling addresses three lawsuits that were filed against Galveston County and consolidated for arguments. In addition to the voters, the plaintiffs include three chapters of the NAACP and a chapter of the League of Latin United American Citizens located in the region and the Biden Administration.

Adopted in 2021, the maps at issue eliminated precincts in which a coalition of Black and Latino voters selected the county’s sole Democratic commissioner. In addition to their claims under the Voting Rights Act, the NAACP and voters argued in their lawsuits that the new map was intentionally discriminatory and racially gerrymandered.

A lower court agreed with the plaintiffs and ordered that the maps be redrawn, leading the county to appeal. While the appellate court’s decision reverses the lower court’s decision, it also overturns the court’s precedent in Campos v. City of Baytown, which allowed minority groups to band together to bring vote dilution claims.

Jones, a Ronald Reagan appointee, was joined by 11 judges — all appointed by Republican presidents — to determine Black voters and Latino voters do not share any defining characteristics that would allow them to bring their claims together.

Rather, either group’s claim that the maps negatively impact them based on their belonging to a minority class should be examined separately.

[…]

The only claims surviving the majority’s opinion are the discrimination and racial gerrymandering claims put forth by the NAACP branches and the voters.

Robert Quintero, president of League of Latin United American Citizens’ Galveston chapter, said in an email to Courthouse News that he was disappointed in the court’s ruling but remains optimistic.

“We still have a shot at the counts that were handed down back to the lower court and we feel optimistic about those two counts,” said Quintero.

The dissenting judges identified the overturning of Campos as a critical error.

In her short dissent, U.S. Circuit Judge Catharina Haynes wrote that the claims presented by the plaintiffs affirmatively met the preconditions to bring vote dilution claims under the precedent set by the Supreme Court’s 1986 ruling in Thornburg v. Gingles.

U.S. Circuit Judge Dana Douglas, a Joe Biden appointee, was joined by four judges appointed by Democrat presidents in her 38-page dissent. She wrote that the majority’s decision “dismantled the effectiveness of the Voting Rights Act in this circuit, leaving four decades of en banc precedent flattened in its wake.”

Douglas argues that her colleagues had to reject methods of statutory interpretation and essentially jump through hoops to reach its conclusion in the majority opinion. Where the majority sees the singular “class” identified in the statute, Douglas sees that the use of the singular does not lead to an explicit prohibition on coalition claims.

“To imply, as the majority does, that discrimination is permissible so long as the victims of the discrimination are racially diverse, is not only an absurd conclusion but it is one with grave consequences,” wrote Douglas. “Because the majority’s conclusion is atextual, ahistorical, and it allows the Constitution to ‘make a promise which the Nation cannot keep,’ I dissent.”

Furthermore, Douglas highlighted the plaintiff’s case as the exact reason the Voting Rights Act exists: to prevent a white majority from voting in unison to eliminate any chance of Black and Latino voters in Galveston County of electing the candidate of their choice.

Just shameful. Even recent precedent means nothing if it stands in the way of what they want. Supreme Court reform is all the rage now, but anything that doesn’t also include tearing the Fifth Circuit down to the studs and rebuilding it from scratch isn’t sufficient. This lawless court cannot stand. The Trib and Law Dork have more.

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A high level overview of passenger rail in Texas

There’s stuff happening, mostly talk for now but maybe there will be more.

A robust passenger rail system has long been seen as a pipe dream in car-dependent Texas.

But a glut of federal dollars for rail projects and a growing realization that road expansions won’t ease chronic congestion on the state’s busiest highways have some Texas officials and policymakers flirting once more with the idea of expanded passenger rail.

“It’s like the perfect storm forming because 20 years ago if we talked about passenger rail in Texas, it would fall on deaf ears,” said Peter LeCody, who heads the organization Texas Rail Advocates.

Congress set aside $66 billion in the 2021 Infrastructure Investment and Jobs Act to advance rail projects across the country. That pot of funds has rekindled interest in exploring how to boost conventional passenger rail between Texas’ major urban areas and anticipate the transportation needs of the state’s booming population.

Texas has added hundreds of thousands of new residents in recent years, and the state’s population is projected to grow from 30 million people to 47 million by 2050. Without some form of reliable passenger rail between the cities, officials fear car dependence will grow and congestion will only get worse.

“The alternative is to condemn Americans to evermore crowded interstates, to condemn taxpayers to just paying for ever-widening of highways and potentially using evermore crowded airports,” Andy Byford, senior vice president of high-speed rail development at Amtrak, told reporters earlier this year.

At the epicenter of rail ambitions in Texas is the 10-year-old and embattled high-speed rail project between Dallas and Houston. The company behind the project, Texas Central, has long promised to ferry passengers between the two cities at speeds north of 200 miles per hour, which would pare down a 3.5-hour commute by automobile to a 90-minute ride by train car. The project lost steam for a time amid a leadership exodus and problems securing the land needed to build the system but Amtrak resurrected the plan last year.

Amtrak officials consider the route ideal for high-speed rail. It would connect two of the country’s largest metropolitan regions, which haven’t had any form of passenger rail between them since Amtrak shuttered a Dallas-Houston route in 1995. And it would run through relatively flat land, allowing the train to reach top speeds and travelers to bypass congestion on Interstate 45. What’s more, Amtrak officials believe the route could be the cornerstone for a potential national expansion of high-speed rail.

But while Texas’ chances of getting rail to connect its biggest cities are higher than they’ve been in years, lingering skepticism at the state level and local disagreements could still imperil the projects.

The Texas Department of Transportation recently obtained two federal grants to study how to boost passenger rail service on an existing Amtrak route from Houston to San Antonio and, in an effort separate from the Texas Central high-speed project, see if a conventional rail line between Houston and Dallas can be reinstated.

The agency wrote in the applications that increased congestion has made “highway travel unreliable” and boosting intercity passenger rail would remove hundreds of thousands of vehicles per year off Texas highways, easing congestion and hopefully traffic deaths. Expanding passenger rail would also help reduce greenhouse gas emissions, TxDOT noted.

The Amtrak connection between Houston and San Antonio has come up a couple of times recently. Other lines mentioned besides the Texas Central line from Houston to Dallas in partnership with Amtrak include the Dallas-Fort Worth route and the once-again-revived Austin-San Antonio Lone Star Rail. The D-FW one is the closest to actual construction, which isn’t saying much. There remain plenty of hurdles, like the entrenched opposition to the Texas Central line and the need to buy a lot more land to make it feasible, plus the Legislature’s extreme unwillingness to spend money on anything that isn’t more highways. That said, the fact that TxDOT even applied for these grants is something. The utopia goal of a high-speed rail network is still out there, it’s just going to take a lot more work to make it happen.

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Weekend link dump for August 4

“Scientists in Brazil have come up with the first evidence that sharks are being exposed to cocaine.”

“A common ancestor to some of the most widespread animals on Earth has managed to surprise scientists, because its taco shape and multi-jointed legs are something no paleontologist has ever seen before in the fossil record, according to the authors of a new study.”

“What’s more bizarre is that the couch joke was only one of the three most off-putting things Vance has been known for during his first 10 days as a VP nominee, and the only one that wasn’t verified as true.”

Honestly, Flavor Flav being a five-year sponsor of the US women’s water polo team is the best Olympic story I’ve seen so far.

“The likelihood that other technologically sophisticated societies exist is smaller than previously thought, because basic amenities we take for granted on Earth—continents, oceans, and plate tectonics—are cosmically rare.”

“Religious freedom should not be contingent on the next government. It should be off the table. A lot of things should be off the table. Then, and only then, we can vote safely without life having to suck for everybody.”

Army Lt. William L. Calley, Jr., the only U.S. service member convicted in the My Lai massacre in Vietnam in 1968, has died. I recommend you read a little about Hugh Thompson (scroll down to find the item), a helicopter pilot who intervened to try to stop it.

“This is the offer of an extreme immunity. Nothing, though, requires any president to accept it. Instead, a president or candidate for president could openly pledge to waive any immunity from prosecution for any acts done to advance an unofficial objective, even if those acts included the exercise of core presidential authority. Issuing such a waiver could become a ritual in any campaign for president. Kamala Harris should begin that ritual tomorrow.”

“We scared @elonmusk and @DonaldJTrumpJr so much tonight they suspended our account and won’t let us back in. These guys are running scared of the success we’ve had tonight, but we’re not going to quit.”

Norman Padgett, who falsely accused the Groveland Four of rape, has died. I will admit that I had not heard of the Groveland Four before reading that. This Marshall Project story from 2017 was on the same Google results page when I went looking for more, and you should read it. Brace yourself, it’s brutal. As for Padgett, she never recanted her false accusation.

“What Trump Meant by “You Won’t Have to Vote Anymore” Is Weirder Than You Think”.

“The Justice Department’s Inspector General detailed how close Donald Trump and then-Attorney General Bill Barr came on June 1 to invoking the Insurrection Act, which gives the President nearly limitless powers to use the military for domestic law enforcement purposes.”

RIP, Francine Pascal, creator of the “Sweet Valley High” novels.

“Former CNN anchor Don Lemon is suing Elon Musk and his social platform X, alleging a breach of contract and misappropriation of Lemon’s name and likeness, among other claims.”

Boy, some tender, delicate snowflakes sure had their feelings hurt.

“HBO’s Succession looks more and more like the House Of Murdoch, where Patriarch Rupert is fighting with three of his adult children over who will control the family media empire when he passes.”

“Naturally, Donald Trump and his running mate, JD Vance, want to make this story all about Trump.”

“‘Swifties for Kamala‘ ready to speak in 2024 presidential election”.

RIP, Lorna Onizuka, founding member of the Challenger Center, widow of astronaut Ellison Onizuka.

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Special election for CD18 set for November 5

I was beginning to wonder if this would even happen.

Rep. Sheila Jackson Lee

Gov. Greg Abbott on Friday set a special election to fill former U.S. Rep. Sheila Jackson Lee’s seat for the remainder of the term on Nov. 5, the same day as the general election.

The special election will select an official to represent Texas’ 18th Congressional District for the two months remaining in the Congress after the election.

The general election, on the other hand, will determine who represents the district for the full two-year term beginning in 2025. Houston-area voters will decide on both at the same time.

Early voting for both the special and general elections will begin concurrently on Oct. 21.

[…]

Meanwhile, any eligible Texan may file with the Secretary of State by Aug. 22 to place their name on the special election ballot — except for the full-term nominee Democrats select in August and Lana Centonze, the Republican running for the seat. Those candidates cannot appear on the same ballot twice.

Mike Doyle, chair of the Harris County Democrats, called the special election “an attempt to confuse and create havoc in voting in November.”

Abbott was not required to set a special election to fill the seat for two months, Doyle said, and doing so means that voters will see two ballots for the same office.

“This is gamesmanship — nothing more, nothing less,” he said.

Note that this is the election to fill out the remainder of Rep. Jackson Lee’s current term. The winner of this race gets to serve from November through January 2, or whenever the next Congress is sworn in. We could have had this election in September, and thus allowed the future Congressperson to get a running start as well as some extra seniority, but the law gives the Governor the discretion to set the date, and that’s what he did. I’m a little confused by the condition that the November nominees can’t appear on the ballot twice, because that was not the case in 2006 when Shelley Sekula Gibbs did so for CD22. Remember “vote twice for Shelley”? I assume the law has since been changed, but if so I was not aware of it.

In any event, there’s not much at stake now. Not much happens in the two months at the end of a term, as ol’ shelley should know by now, so I don’t think that the runners-up for the nomination will bother to go for this small consolation prize. That means we’re likely to get a bunch of non-A list types filing for it, none of whom are likely to make much of an impression in the short time they’ll have to run and the lack of anything substantive they can promise. Maybe Shelley ought to give it another try. She at least has some experience in these matters.

UPDATE: As Heath in the comments reminds me, Shelley was a write-in for the full term election in 2006. So that mystery is solved.

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Lawsuit filed over another social media law

We’re going to be litigating this past legislative session for a long time.

Two tech industry groups, the Computer and Communications Industry Association and NetChoice, filed a lawsuit on Tuesday to block a new Texas law that would require platforms like Instagram and Facebook to register the age of all users and get consent from a parent or guardian before minors create an account.

Here’s what you need to know.

The background: Texas lawmakers in 2023 passed House Bill 18, known as the Securing Children Online through Parental Empowerment Act, to limit minors’ access to social media platforms and to protect them from seeing harmful content if they do gain access.

State Rep. Shelby Slawson, R-Stephenville, carried the bill and said its purpose was to give parents more control of how minors’ information is collected and used by digital service providers, which are companies that operate websites, applications, programs or software that collects or processes personal identifying information.

Lawmakers said children’s overexposure to digital platforms resulted in increased rates of self-harm, suicide, substance abuse, sexual exploitation, human trafficking and other mental health issues. “Texas parents have had enough,” Slawson said in a statement after the bill was voted out of a House committee.

Under the law, digital service providers would have to get a parent or guardian’s consent before allowing a minor to create an account. And it forces those companies to give parents the ability to supervise the minor’s use of the digital platform. The law also requires social media platforms to figure out ways to prevent children’s exposure to “harmful” material, such as content that promotes self-harm or substance abuse.

[…]

In their legal filing, the plaintiffs argue that HB 18 unconstitutionally violates First Amendment free speech rights by forcing websites to monitor and remove certain types of speech and by restricting minors’ access to lawful speech.

Plaintiffs argue that parents already have tools to regulate if and how their minor children use the internet and that the companies they represent effectively moderate their content.

The legal filing pulled heavily from CCIA and NetChoice’s recent complaint against House Bill 20, a 2021 Texas law prohibiting large social media companies from banning users’ posts based on their political viewpoints.

“Just like its last attempt, Texas has enacted a law targeting disfavored online publishers and their dissemination of protected, valuable expression online,” the filing states.

I don’t have any earlier posts about HB18, but I have been covering the litigation against HB20, which remains blocked after SCOTUS sent it back to the lower courts. There’s not much in this story, but the NetChoice press release and this Twitter thread by their litigation director, gives a clear view of the grounds on which the suit was filed. I was a bit skeptical of their assertions at first, but the more I read the more I tend to agree that this law is broad, vague, and given that it includes an SB8-style vigilante provision, will almost certainly lead to speech restrictions. We’ll see what the courts make of it. The law is scheduled to go into effect on September 1, so I expect there will be a ruling on a temporary restraining order before then.

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Whitmire endorses Harris

A bit behind his peers, but he got there.

Houston Mayor John Whitmire endorsed Vice President Kamala Harris in the race for U.S. president.

“Her tough-but-smart-on-crime history assures me she is committed to public safety,” Whitmire wrote in a Thursday post on X, formerly known as Twitter. “She will be the partner I need to improve infrastructure and help Houston recover from recent disasters. We will drive Houston forward and ensure a brighter future for all Americans.”

Harris emerged as the Democratic party’s pick for the candidacy following President Joe Biden’s exit from the race July 21. Harris has been endorsed by Biden and other prominent figures in local politics like Harris County Judge Lina Hidalgo.

Whitmire took heat after his name did not appear on a list of U.S. mayors who said they were endorsing Harris for president days after Biden left the race.

There were definitely people who noticed that the aforementioned list of Mayors did not include Whitmire. With Vice President Harris in Houston for multiple events this past week, it would have been weird if he hadn’t taken action. In the grand scheme of things this isn’t a big deal – I can’t believe endorsement, or just about any endorsement for that matter, swings more than a handful of votes – but that’s not really the point. The point is that this is an election about democracy itself (among many other things) and no one gets to be a bystander. Welcome aboard, Mayor Whitmire.

Posted in Election 2024, The making of the President | Tagged , , , , , , , | 1 Comment

The election to nominate a candidate in CD18 has been set

Rep. Sheila Jackson Lee

Per an email that I got yesterday from the HCDP, the Executive Committee meeting of CD18 precinct chairs to fill the vacancy on the November ballot will be next Tuesday, August 13, at Wheeler Avenue Baptist Church, with the meeting beginning at 6 PM. I’ll get back to this in a minute.

There will be a candidate forum for CD18 on Saturday, August 10, which will be broadcast on Fox 26. I don’t have the details on that. Before that, on Tuesday, Wednesday, and Thursday of this week, there will be precinct chair interviews with candidates, which you can see on Zoom. Here are the Zoom links:

Tuesday
Wednesday
Thursday

The calls are scheduled from 6 to 8 PM. I don’t know at this time who will be interviewing whom on any of those dates.

And finally, we have a candidate update now that the funeral for Rep. Jackson Lee has taken place.

Former Mayor Sylvester Turner was the first candidate to publicly declare his interest, and he made his campaign official on Friday morning. Former Council Member Amanda Edwards, who challenged Jackson Lee in a March primary, and Council Member Letitia Plummer also announced Friday. State Rep. Jarvis Johnson and former City Council Member Dwight Boykins already had declared their interest.

The full list of candidates, updated from the previous one, is as follows:

IN:
Sylvester Turner
Amanda Edwards
Dwight Boykins
Rep. Jarvis Johnson
CM Letitia Plummer
Rep. Christina Morales
Corisha Rogers
Robert Slater

Most of these were known as of my previous update. Rep. Morales is the elected official that I had spoken to who was thinking about running but had not come to a decision at that time. Rogers is the leadership engagement and support manager at the Harris County Democratic Party, and is on leave pending the outcome of this election. Slater was the third candidate on the March primary ballot; he had said he was dropping out but it was past the deadline to do so and so still appeared on the ballot, getting a bit less than 3% of the vote.

NOT ANNOUNCED YET:
Bishop James Dixon
Rep. Jolanda Jones

Dixon is quoted in this Chron story saying he’s still thinking about it. Rep. Jones was mentioned in the earlier story as a potential candidate but was not named in this one. I don’t have any further information about her status.

DEFINITELY NOT RUNNING:
Controller Chris Hollins
Harris County Attorney Christian Menefee
Rep. Jolanda Jones

Hollins posted on Twitter that he was not running. The earlier story mentioned that Menefee had taken himself out of the running.

UPDATE: Rep. Jones is on the long list of Sylvester Turner endorsers, so I think it’s safe to say she’s not running.

And that’s what I know at this time. Let me just add this bit of news from the announcement I received as a precinct chair about how the election on August 13 will be conducted:

The vote will be conducted by roll call given the anticipated high number of candidates. Each Precinct Chair’s name will be read and the Precinct Chair will announce the name of the person they are voting for. Rules of the Texas Democratic Party prohibit secret ballots and provide that the chair of the meeting, not the members, chooses the method of voting. Pursuant to TDP Rules, there may be no proxy voting at this meeting; all precinct chairs must vote for themselves and in person.

[…]

If no candidate receives a majority of the votes, a runoff will be held immediately in accordance with Texas law (between the candidates with the two highest numbers of votes).

The runoff will be done by “division of the room”, which is to say all those voting for candidate A will move to one side of the room, and all those voting for candidate B will move to the other, and whoever has the most people on their side of the room wins.

For better or worse, everyone will know how I and all of my fellow Chairs vote in this election. This is a very tough choice, I mostly know and respect these people, and all but one of them is going to see me pick someone else. It is what it is. All I can say is that I will be taking this very seriously, I trust we will elect a qualified and deserving candidate, and I wish everyone the best. See you on the 13th.

UPDATE: The candidate forum will be at 1 PM on the 10th at the Young Women’s College Preparatory Academy, 1906 Cleburne St, Houston TX 77004

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HPD has a new Chief

Meet the new guy.

Months of searching for Houston’s next full-time police chief ended with Mayor John Whitmire naming J. Noe Diaz, leader of the less than 100-person Katy Police Department, as Troy Finner’s replacement in charge of the nation’s fourth-largest city’s law enforcement agency.

“Chief Diaz brings a wealth of experience and a proven track record of service and dedication to his new role,” Whitmire said Thursday in a letter to City Council members, who must vote on appointing the next chief.

The mayor praised Diaz’s work with the Narcotics Division of the State Police, where he was stationed in Houston. In that time, he worked with the Harris County Organized Crime Task Force, Houston police, the Drug Enforcement Agency and the FBI.

Diaz was appointed as a Texas Ranger in 2008, serving in Rio Grande City before returning to Houston. As a Ranger, he spent over a decade
working on what the mayor called high-profile public corruption investigations.

Diaz will now step into to run one of the largest police departments in the country, one reeling from a recent scandal that involved more than 260,000 dropped cases that toppled the former chief. The department has a budget of more than $1 billion, a staff of 6,288 and a dire need to replenish the ranks of police officers after a wave of retirements and resignations.

“The comments I’ve gotten are that he’s a fair, even-handed guy,” Mike Knox, a retired Houston Police Department officer and a Republican candidate for Harris County sheriff, said of conversations he’s had with Katy police officers. “He’s not too political — he’ll just follow the law and do his job.”

[…]

While multiple people with knowledge of Diaz’s tenure in Katy praised the work he’s done, Knox acknowledged there’s a big adjustment in running a 70-officer department versus a department with more than 5,000 officers.

“Working with 70 officers as opposed to 5,100 will be a little different for him,” Knox said. “But I think he’s a smart guy and will be able to do just fine.”

There’s a companion article with more biographical details about new Chief Diaz. He certainly has plenty of experience in law enforcement, in a variety of roles. I don’t know enough about him to say more, but he seems fine. The point raised by former CM Knox about the big step up in department size is the main concern one might have at this point. It doesn’t need to be an issue, but the dropped cases scandal is very much about management and oversight, and I’m sure there will be a learning curve. I wish him well in getting his arms around it. Outgoing Acting Chief Larry Satterwaite also now has a new gig, so best of luck to him as well. The Mayor’s press release is here, and Stace, the Press, and Houston Landing have more.

Posted in Local politics | Tagged , , , , , , , | Comments Off on HPD has a new Chief

The lost Harvey recovery funds

Good job on the audit front. Now let’s see what we can learn from this.

Controller Chris Hollins

Houston lost at least $8.5 million in potential reimbursements for a federally funded Hurricane Harvey home repair program due to missed deadlines and filing errors, according to a new audit from Controller Chris Hollins.

Program guidelines require the city to submit reimbursement requests to the Texas General Land Office within 90 days of expenditures. Auditors from the controller’s office reviewed a sample of 57 such requests and found that 24 were submitted late, resulting in a loss of $2.5 million. Of the timely submissions, 14 contained errors and were either rejected or withdrawn, leading to another $6 million in lost funds, according to the report.

As the city faces steep financial challenges, Hollins and council members stressed the need to prevent such waste in the future.

“I hate hearing about any loss of funding, and there’s sure to be more disaster money coming our way,” said Council Member Sallie Alcorn, chair of the city’s Budget and Fiscal Affairs Committee. “So I’m sure lots of the recommendations in this report will help us in the future.”

The Housing and Community Development Department, which administered the program, has since improved its reimbursement process by adding target a due date for every expenditure and creating a standard checklist to catch common errors, according to the department’s response to the audit findings. The department also noted some late submissions were withdrawn due to ongoing legal disputes with third-party consultants who sent the invoices.

The latest findings brought back into the spotlight Houston’s Harvey Homeowner Assistance Program, a now-concluded initiative once mired in controversy and political sparring.

Established in 2019, the city program initially aimed to use around $400 million in U.S. Department of Housing and Urban Development funding to provide repairs, rehabilitation and reconstruction of Houston homes battered by the 2017 hurricane.

Following a series of disputes between the Democrat-led city and the Republican-led General Land Office, however, the state office took over the program in early 2021, a transition that confused and frustrated many participating homeowners. The program ended up providing assistance to 731 local families.

Issues with filings and deadlines are not new concerns for the program. In the months leading up to the takeover, officials from the General Land Office criticized Houston’s efforts as “extremely slow and unproductive,” saying the city was not on track to meet its aid distribution deadline.

Former Mayor Sylvester Turner, in turn, said the land office failed to provide clear guidance on required documents and frequently changed the process, forcing the city to redo hundreds of files.

You can find a copy of the audit report here; it’s 27 pages, so not too long to read. A one page executive summary is here, most of which is mentioned in this story.

I’m glad to see this report, and I’m glad to see Controller Hollins getting into the audit business, especially at this time with the city’s financial challenges. We’re not going to come close to cutting or optimizing our way out of the fiscal hole we’re in, but fixing clear problems is always a good idea. I’m sure there will be more to come.

As for the money itself, I try whenever possible to put numbers in context. Like, how does this compare to the past or to our peers? Is it in line with what we might expect or is it an outlier? It’s hard to tell in this case, since Harvey was a unique disaster and one that cities like Dallas and San Antonio didn’t experience, at least not in the same way. Maybe there’s a comparison to be made with Hurricane Ike, which had plenty of its own recovery issues, but the program that’s been audited didn’t exist at that time, and even if all the relevant data is available and usable, there may not have been a comparable program. This is the number we have, we’ll have to do what we can with it.

The question is what the city does in response to this audit. What do they need to change or update or implement or stop doing as a result of what we’ve now learned? It’s encouraging that some changes have already happened – this is how it’s supposed to work in the audit process. This particular audit was about a program that isn’t active anymore, so there won’t be ongoing savings to measure, and I’m sure I speak for all of us when I say that I hope there won’t be any opportunities to apply what we’ve learned anytime soon. The general principles ought to apply to other things, so that should be a positive.

A harder question, one that this audit can’t really address, is about where all the lessons need to be learned. The General Land Office and the city have pointed fingers at each other for years over the challenges this program faced. It would be very nice to know how to apportion the blame, because there’s only so much the city can do to move the needle if the GLO was really jerking them around. If on the other hand the city’s assertions about the state’s behavior is mostly self-serving and in denial of the reality, then the lessons we should learn need to go beyond mere process tweaks. (You know where I have stood on this. I could of course be wrong.) I don’t know if that was outside the scope of this report, but it would be valuable to be able to address that question.

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The House gets its turn to yell at CenterPoint

They mostly focused on tree maintenance, which seems reasonable enough.

No longer seen at I-10 and Sawyer

House lawmakers on Wednesday questioned CenterPoint Energy’s tree maintenance ahead of Hurricane Beryl, in which tens of thousands of trees knocked out power lines, shutting off electricity to 2.3 million Houston area customers.

CenterPoint CEO Jason Wells told a roomful of House members meeting for the first time on the storm’s aftermath that nearly two-thirds of the outages were caused by trees and bushes outside of the utility’s right of way, meaning the company was at the whim of private landowners to control their growth.

But Wells did not explain what lengths the company had gone to ahead of the storm to identify problematic vegetation on private land, or to get permission from landowners to trim it. A Chronicle investigation found that even as CenterPoint has spent more money on vegetation maintenance over the past decade, the total miles of land it kept clear near distribution lines has dropped 20%, from 5,800 miles to 4,600 miles.

CenterPoint has not responded to questions from the paper about the decrease, and it did not immediately answer questions Wednesday about its attempts to manage the trees and bushes it says were beyond its authority.

“Your actions speak to your priorities, that vegetation management has not been a priority. Why?” asked Rep. Ana Hernandez, a Houston Democrat and vice chair of the House’s State Affairs committee. “Is it perhaps because you don’t get the rate of return on that expense?”

Wells said that 60% of the trees and branches that were cleared after the storm came from outside the utility’s right of way. To clear or trim vegetation outside of a utility’s easement — roughly a “football goalpost” area around a powerline in which utilities can manage vegetation, said Wells — a company like CenterPoint has to get permission from property owners.

Wells said CenterPoint had increased funding to remove the most hazardous trees. “The most effective way for us to do that is to be able to attack those trees that are outside of our right of way that have the highest risk of failure,” he said. “We will endeavor to do everything possible to work with those property owners to target those trees. But again, it requires their consent. We don’t have the legal right to do that.”

[…]

Rep. David Spiller, a Jacksboro Republican, pressed Wells on his assertion that the company is not responsible for trees and other natural hazards outside of the company’s easement. He noted that even if that was true, a huge proportion of the outages were still caused by trees and bushes within its purview.

“Almost half the damage was due to trees that you clearly had a legal duty and obligation to maintain and trim and keep that area clear,” he said.

Spiller also said CenterPoint’s easement agreements appeared to show that it has “the absolute right” to trim trees on adjacent properties if they interfere with a power line. He cited a 1999 Texas Supreme Court case that appeared to back that up.

“It was my testimony, my understanding, that we don’t have the ability without property owner consent to address” that vegetation,” Wells said later, in response to questions from Rep. Richard Raymond, a Laredo Democrat.

“Then we got to change the law,” Raymond replied.

See here for the Senate’s yelling at CenterPoint. Gotta say, I think all three House members quoted here did a good job with their questions. I want to be a little hesitant to give utilities more power to trim trees wherever they think they need to – they are not always known for doing so in a way that is good for the tree’s long-term health. Proceed with some caution, that’s all I’m saying.

Posted in Hurricane Katrina, That's our Lege | Tagged , , , , , , , , , , , , | 3 Comments

HPD releases a dropped cases report

Kudos for the serious review, but boy did this go on for a long time without anyone doing anything about it.

Between 2016 and 2024, Houston Police Department leaders had multiple opportunities to question — and potentially stop — the use of an internal case code that has rocked the agency.

Internal auditors found in 2016 that HPD’s division investigating sex crimes used the code — “suspended – lack of personnel” — on one-third of cases in the first six months of the year.

In 2017, the department’s newly appointed captain of the Special Victims Division discovered that their caseload included 1,600 unassigned child sexual assault cases.

And in 2018, then-executive assistant chief Troy Finner, who would later become police chief, found a routine case had been labeled suspended, ordered a commander to research the matter, then never followed up.

Despite at least seven chances to take action or investigate further, no high-ranking police officials halted the use of the code attached to about 264,000 incidents over the past decade, according to a new internal report released Wednesday by HPD and city leaders. HPD’s findings mark the latest disclosure in the scandal that has dogged the department for months and contributed to the May resignation of Finner.

The 43-page report represents the clearest public admission by the department that top brass repeatedly failed to grasp the significance of the code, which signified that police were no longer investigating an alleged crime due to staffing shortages. HPD officials have said the code was a well-meaning but misguided effort in the mid-2010s to highlight the amount of reports the department receives relative to its staffing levels.

“What happened in this particular case… it’s not one person. Or two people. It’s not even five. It was a department fail. It was a leadership fail. It was a systemic fail, and we are working to overcome and to take care of those men, women and children who were possibly, and in some cases were, a victim,” said HPD Acting Chief Larry Satterwhite.

At the same time, the report did not shed much new light on a key, unanswered question: How many crime victims were harmed because police shelved their cases? HPD officials have said a small percentage of victims of more-serious crimes were denied justice, but many property and lower-level crimes typically are not investigated to the fullest extent by police departments across the country due to staffing limitations.

Satterwhite, speaking before the Houston City Council, said very few cases were reopened once they were classified as suspended. Satterwhite repeatedly said “real victims were affected by this,” holding up a rape case in which DNA evidence matched a year-old suspended sexual assault case as a high-profile example of the department’s failures.

[…]

The report’s authors wrote that officers started assigning the code several years ago to crime and incident reports that had workable leads but no one to investigate them. At the time, then-chief Charles McClelland Jr. was lobbying city leaders to boost HPD staffing, and the code was designed to help illustrate the impact of officer shortages.

Department leaders, however, failed to issue written guidance on how staff should use the code, resulting in widespread confusion among rank-and-file officers. Frequent leadership changes and a clunky case management system also contributed to officers deploying the code thousands of times per month.

In the following years, multiple HPD leaders became aware of the code and raised concerns about the code.

In 2021, for example, a sergeant wrote to then-Executive Chief Matt Slinkard that the code “may give the public the wrong impression about how a variety of cases are handled.” Several top HPD officials — though apparently not Finner, who wasn’t included on communications about the code — agreed that the code should no longer be used.

However, HPD officials wrote in their report that they could not find evidence showing the change became part of department standard procedures.

You can see the report here. It has recommendations that are already being implemented, which is good and also a little annoying in the sense that they probably should have been done years ago. I’ve just skimmed the report but it seems to bear out my main concern about this situation, which is that this is at least as much a management problem as it is a funding and personnel problem. Like, how did this not get noticed and acted upon across multiple different leadership regimes? I really want that part of the matter investigated, because to me if we don’t get a better handle on that we’re not going to get any better results from the police no matter how much more we spend on them.

Anyway. Perhaps the Mayor’s independent committee, which has not yet released its report to the public, will address that. In the meantime, some Council members are talking about how they’re gonna pay for this.

Police Chief Larry Satterwhite stressed the need for more officers and resources as he addressed an internal investigation into the department’s dropped cases scandal. For Council Member Sallie Alcorn, who chairs the city’s Budget and Fiscal Affairs committee, that cry for help signaled the city’s need to raise its revenue cap.

City leaders have floated the idea of raising Houston’s revenue cap for years. The current revenue cap was approved by voters in 2004 and tied the increased property tax revenue the city can collect each year to the combined rates of population growth and inflation, or 4.5%, if it was lower.

In 2015, the city ran up against its revenue cap, Alcorn said, and taxes have gone down ever since.

“This was a horrible situation at HPD, but the underlying issue is lack of staffing, and we have known this now for 10 years … Ultimately, the public needs to know we cannot have it both ways,” Alcorn said. “We cannot have super low taxes, where we’re decreasing our tax rate every year and demand that we do a much better job at policing.”

Mayor Pro Tem Martha Castex Tatum said she agreed with Alcorn, and so did Council Member Joaquin Martinez, who also added that the city also needed to consider a trash fee.

“There’s been a plan, and it’s called the revenue cap,” Martinez said. “It’s called the trash fee.”

You know how I feel about the stupid revenue cap. I thought Mayor Whitmire and Council should have addressed it this year, partly because we need the extra revenue now and partly because I don’t think it will be any easier to do the longer we take, but he insisted on waiting. At least we’re talking about it now.

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The JRR is now the JJR

From the inbox:

The Harris County Democratic Party (HCDP) will announce today that it has chosen to honor the legacy and dedication to the Democratic Party of the late congresswoman, Sheila Jackson Lee by renaming its premiere annual gala in her honor.

HCDP Chair, Mike Doyle, will announce this evening at the Celebration of Life of Rep. Sheila Jackson Lee in Houston, with the family’s blessing, that the formerly known “JRR” Johnson/Rayburn/Richards Gala will now be known as the “JJR” – the Johnson/Jackson Lee/Richards Gala.

“On September 28th this fall and moving forward, this largest event gathering of Democrats in the state of Texas will be now known for Congresswoman Sheila Jackson Lee,” said Doyle. “She not only worked exceptionally hard for the citizens of Congressional District 18 in Harris County, but she unfailingly supported the work of the Harris County Democratic Party to lift Democrats up and down the ballot as a ‘Big D’ Democrat.”

The HCDP Annual Gala began in 1990 to gather the ever-growing Harris County Democratic Party members, elected officials, and candidates under one roof. The namesake initials chosen were to honor two important Democratic Texans: President Lyndon Baines Johnson, and U.S. Representative Sam Rayburn. The first keynote speaker for the event was a then little known senator from Delaware…Joe Biden. In 2006 upon the death of former Texas Governor Ann Richards, the event was renamed JRR in her honor.

“While we are retiring from the title the name of Sam Rayburn, who has a federal building in the US Capital named after him,” Doyle said, “we will have a new annual award entitled the Barbara Jordan/Sam Rayburn Legislative Service Award. These two Texas Legislators’ work helped drive Civil Rights in Texas and nationally. We will continue to honor both his legacy as well as adding another important female Legislator’s legacy who hailed from Harris County’s Fifth Ward.”

The JJR Johnson/Jackson Lee/Richards Gala will take place on September 28th, 2024 at the Bayou City Event Center in SW Harris County. As the premiere political soiree in Harris County each year, the event is crucial to the Democratic Party’s success. In 2020, more votes were cast for Joe Biden and Kamala Harris in Harris County than in 24 states.

I approve of this change. History isn’t stagnant, it’s on us to keep up with it. And may I say, if you’re a Democrat-type person, this is a fun event. I get a huge kick just from seeing so many friends and allies. The energy I get from the event lasts for days. If any of this sounds interesting to you, go here to buy a ticket.

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Who’s going to pay for derecho damage?

Well, CenterPoint would like for that to be us.

No longer seen at I-10 and Sawyer

CenterPoint Energy expects to incur as much as $1.8 billion in costs from its efforts to restore power after May’s severe storms and July’s Hurricane Beryl, company executives said during a second-quarter earnings call Tuesday in which it reported a steep jump in profits over the year earlier.

The company said it would seek approval from the Public Utility Commission of Texas to issue bonds to recover $1.5 billion to $1.7 billion of its storm-related costs, Chief Financial Officer Christopher Foster told investors and analysts. Foster estimated residential customers could see a 2% increase in their electricity bills for the next 15 years to pay down the debt, which carries interest.

Another $100 million of investments in its transmission system, the long-distance towers and lines, would be included in CenterPoint’s next scheduled rate increase request, Foster said. CenterPoint reported income of $228 million for the quarter ended June 30, up from $118 million in the year-earlier period.

Failure to recoup the costs could shake investor confidence in the company, one analyst said.

The storm-related cost estimates come as CenterPoint executives try to walk a fine line of satisfying Texas’ elected officials – who are calling for accountability from the company and even floating proposals to claw back profits – while easing investor concerns over whether the company will gain approval for past and future capital spending.

CenterPoint earns a 9.4% rate of equity, essentially profit, on its capital expenditures. It has dramatically increased capital investments in recent years, boosting the investor-owned utility’s stock price.

If CenterPoint were unable to recover its May and July storm-related costs, investors would lose confidence not only in CenterPoint’s current management team but also in the wisdom of investing in Texas utilities going forward, said Anthony Crowdell, an utility analyst with the investment bank Mizuho Americas.

“Does the risk change with investing in a Texas utility? That’s what everyone’s trying to figure out,” Crowdell said.

I mean, we could make CenterPoint publicly owned, like some other Texas cities have. That might settle some of these questions. That’s not going to happen, so let’s consider other options.

The derecho was a more unexpected event, and its problems were in part because there was less warning and time to prepare for it. If Beryl hadn’t happened, this would not be terribly noteworthy – it’s the way things are, for better or worse. In this context, it feels a lot more icky. There’s also a straightforward answer, which is that the Legislature could address the issue, while it’s also busy yelling at CenterPoint about the Beryl outages. It’s a thing they could do if they wanted to. They could look at this and decide not to take any action, or to just nudge things one way or another. They could say fine, raise the rates and all, but put this much into resiliency and vegetation management and whatnot, and if that caps the profit at something lower than 9.4%, well, there’s always the next time. There are many possibilities. I’m just saying.

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

Leave the protesters alone

I don’t agree with this.

Mayor John Whitmire

Mayor John Whitmire is proposing a ban on the targeted picketing of any residential dwelling in Houston after months of pro-Palestininian protests in front of his own house.

Protesting in front of public officials’ homes has been a practice used by organizers in the U.S. for decades, prompted by topics like abortion rights and civil rights. Following several months of protests in front of Whitmire’s house, as well as the homes of U.S. Sen. Ted Cruz, R-Texas, and U.S. Rep. Lizzie Fletcher, D-Houston, the mayor said police need “another tool in the tool kit” to manage demonstrators who seek an end to Israel’s war against Hamas in Gaza: A ban on protesting within 200 feet of a targeted home.

“It’s picketing, but it’s getting very aggressive. It will still be allowed, they just need to give a little more space,” Whitmire said Tuesday.

Protesters say the proposal will chill their First Amendment rights by banning protests near residential properties in a city with no zoning in the first place.

“There’s already a legal system in place to prevent these things from getting out of hand. This is upping the ante far beyond what anyone would consider a legitimate regulation of speech,” said Saif Kazim, who has not attended any of the protests in front of Whitmire’s home but is a member of the grassroots coalition that has organized many of the pro-Palestinian protests in the city.

The protests have taken place in front of the homes of the elected leaders for months, sometimes beginning in the morning and some beginning after dark, according to local media reports. The protesters normally chant, clap and hold signs encouraging officials to cut ties with the state of Israel over the war.

Earlier this month, eight protesters were detained and given citations for violating the city’s noise ordinance during a pro-Palestinian, nighttime demonstration in front of Whitmire’s house, officials said.

[…]

Many municipalities around the country have ordinances on the books banning or restricting the targeted protesting of homes that date back to anti-abortion protests in front of doctors’ homes in the 80s and 90s, said Emily Berman, a constitutional law professor at the University of Houston Law Center.

A federal law has also been on the books since 1950 that prohibits demonstrations “with the intent of influencing any judge.” After the overturning of Roe v. Wade by the U.S. Supreme Court in 2022, the governors of Virginia and Maryland called on Attorney General Merrick Garland to enforce that statute against abortion rights protesters demonstrating in front of the houses of conservative justices.

The Supreme Court has held that such regulations of protests are constitutional, so long as protesters have another venue to publicly express their beliefs, Berman said. First Amendment rights are not absolute if other rights, like the right to privacy, are infringed upon by the act, she added.

“The idea is that, for the most part, our view of free speech is you can say whatever you want, and if you don’t want to hear it, you can walk away,” Berman said. “That is obviously not the case at your own house, so the Supreme Court has said this type of regulation is OK.”

If the ban was extended to include entire neighborhoods rather than a specific home, that would likely violate the First Amendment, Berman said.

A bit of clarity on the existing restrictions, per Axios.

Protesters in Houston currently are allowed on the sidewalk and street as long as they do not block access.

Protesters must remain below specified decibel levels, per the city’s noise ordinance. However, officers typically ask individuals to lower the noise before issuing citations, Houston Police Department public information officer John Cannon previously told Axios.

That seems reasonable to me; maybe limiting the time for protests to the daylight hours would be reasonable as well. I mean, I get why the Mayor doesn’t like this. I wouldn’t, either. Putting other concerns aside, pushing these folks back 200 feet means putting the burden of the protests on his neighbors. That sure doesn’t seem fair to them. I’m sorry, but he’s the Mayor and this is part of the job.

The item was tagged by four Council members, so it won’t get a vote until next week. I would like to see Council vote this down. It’s not needed, it sends a bad message, and we absolutely will get sued if it passes. We don’t need that. The Chron has more.

Posted in Local politics | Tagged , , , , , , , | 1 Comment

The principal shuffle

Seems like a lot.

Since Mike Miles was appointed as HISD superintendent in June 2023, there has been widespread principal turnover across the district. The Houston Chronicle has been tracking the leadership changes at HISD campuses through a series of public records requests submitted to the district since summer 2023.

At least 150 principals have left their schools since Miles’ appointment by the Texas Education Agency in June 2023, according to the Chronicle’s analysis of HISD staffing records. After taking into account schools that share a principal, such as Jane Long Academy and Las Americas Middle School, or those that recorded multiple changes between June and December, such as Cage Elementary, the Chronicle confirmed there have been at least 154 principal changes across 141 HISD campuses.

[…]

The end of the 2023-24 school year marked a spike in principal departures across HISD. The Chronicle’s analysis found that principals at 76 campuses left their positions in June. That’s nearly as many as the total number of departures combined for the year prior from June 2023 to the end of the school year in May 2024, when 78 principals left.

Half of the departures logged before this June were due to principal reassignments to other positions within the district. In some cases, reassigned principals were promoted to leadership positions within the district. Others were removed from their positions.

However, this summer’s departures have largely been instances where principals not only left their principal position at a campus, but also left HISD entirely, according to the Chronicle’s analysis of district separation records. The Houston Chronicle independently verified that 43 of the 76 principals who left their positions in June 2024 left the district by choice, while two separated involuntarily, according to HISD staffing records.

According to district staffing files, 22 principals who left their positions in June transferred to other positions within HISD. Some of these principals were promoted to district leadership positions, while others took principal or assistant principal appointments at other campuses. Records show that a few of the principals moved to campus support jobs.

Yep, sure seems like a lot. I don’t have anything new to say here, so I’m just going to go with my immediate reaction to the headline on the Chron homepage about 76 principals departing and leave you with this.

We should be so lucky as to get that kind of an outcome.

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

Texas blog roundup for the week of July 29

The Texas Progressive Alliance stands with the childless cat ladies as it brings you this week’s roundups.

Continue reading

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So about those generators CenterPoint bought…

I’m fine with all of this, but it shouldn’t be the endpoint of the conversation. It’s not even the main point.

No longer seen at I-10 and Sawyer

A state lawmaker said Monday he was considering pushing legislation to recoup some of the $800 million CenterPoint Energy spent on massive generators that sat idle as Hurricane Beryl knocked power from more than 2 million Houston area customers.

State Sen. Paul Bettencourt said the company had “defrauded” rate payers, who were now strapped with growing utility bills after state regulators allowed CenterPoint to recoup the cost of the generators — plus a 6.5% profit. The utility company has already raised the average residential customer’s bill by about $1 per month — and the rate hikes could jump another $3 per month in the coming years.

“It’s a big problem, because we’ve got basically these boat anchors strapped around our rate payers for a long period of time,” the Houston Republican said during a contentious hearing where CenterPoint CEO Jason Wells testified that he took “personal responsibility” for the utility’s failings, but said he would not resign.

Bettencourt said he was considering legislation that would “claw back some of this expense,” though he did not say more about what that might entail.

Bettencourt accused CenterPoint of choosing to spend money on the generators rather than clearing trees that knocked out power lines, because CenterPoint can make a profit on the generators. CenterPoint has repeatedly blamed toppled trees and broken branches for leaving over 80% of its area customers without power, some for more than a week.

“Vegetation management — the utility doesn’t make profit on,” Bettencourt said. “However, they make a profit on generator expenses. If you don’t make a profit on vegetation management, you may reduce those numbers.”

The comments came during the first hearing of a special committee tasked with examining the state’s hurricane preparedness and utilities’ response after Beryl.

[…]

Bettencourt and state Sen. Charles Schwertner, who chairs the panel, questioned the contract CenterPoint struck for the generators, going so far as to suggest it amounted to “fraud.” Bettencourt said the utility passed over a competing bid with a price tag that was at least 44% lower.

“It doesn’t smell good at all,” Schwertner said, noting the company appears to be raking in a roughly $30 million profit on the massive generator purchase. “There’s more to this story that I hope comes out sooner rather than later.”

Wells said the competing bid was not in line with what the utility sought, in part because the lower bidder could not provide as many generator units and its cost to operate them was four times higher.

“It’s kind of apples and oranges, but it was a non-conforming bid,” Wells said.

See here for some background. A recent Chron editorial touched on a key aspect of this that either wasn’t part of the questioning of CenterPoint or the reporting on it.

If CenterPoint was just going to mothball [the generators] for three years, why the urgency in leasing them? They rushed through a short-term leasing bidding process so quickly, giving bidders only two days to respond to a request for proposals, that judges in a state hearing for the Public Utility Commission later determined it didn’t comply with state law. The judges recommended against allowing CenterPoint to charge consumers for the generators because the utility hadn’t shown they were “reasonable or necessary” and CenterPoint hadn’t been prudent in leasing an astronomical amount of generation from a little-known company, Life Cycle Power, whose then-CEO had been convicted for flouting environmental regulations.

Yet, despite all that, the Public Utility Commission, which has the final say on whether utilities like CenterPoint can pass costs on to consumers, ignored the judges’ recommendation and approved the short- and long-term leases.

I’m fine with beating up on CenterPoint – Lord knows, they deserve it – and I’m fine with trying to claw back some of the money they spent on these generators. But who on that committee is asking about why the Public Utility Commission approved that deal in the first place? The problem there is that the Public Utility Commission is entirely appointed by Greg Abbott. Paul Bettencourt and his buddies will not engage in any activity that might in any way cast a negative light on Abbott. But at least we all get to enjoy the yelling at hapless CenterPoint stooges.

The point here is that when something bad happens, like CenterPoint takes over a week to get everyone’s power back after Beryl or the derecho, or ERCOT couldn’t keep the grid up and running during Uri, we need to learn from what happened and take steps to reduce the risk of it happening again. That falls on the Legislature, which can and should be updating laws to put firmer requirements in place and mandate stronger oversight by the likes of the PUC. Florida is a good model for this, thanks to their more intense experience with hurricanes. The key is that CenterPoint is a regulated monopoly. The Lege sets the goals for the regulations, the PUC implements them and provides oversight. We don’t have to just yell at CenterPoint about the things they should have done. We – specifically, the Lege and the PUC – can tell them exactly what they should be doing. That’s what I want to see. The Press, Reform Austin, and Houston Landing have more.

Posted in Hurricane Katrina, That's our Lege | Tagged , , , , , , , , , , , , , | 4 Comments

Meta settles lawsuit with Texas over facial recognition usage

Wasn’t following this closely.

Facebook’s parent company Meta will pay Texas $1.4 billion to settle a lawsuit that accused the company of using personal biometric data without users’ authorization.

The 2022 lawsuit, filed by Texas Attorney General Ken Paxton in state court, alleged that Meta had been using facial recognition software on photos uploaded to Facebook without Texans’ consent. Paxton announced the settlement on Tuesday.

Paxton’s office said this is the largest settlement ever obtained by a single state, and the largest settlement related to privacy a state attorney general has ever secured. The settlement will be paid over five years.

[…]

This was the first lawsuit Paxton’s office argued under a 2009 state law that protects Texans’ biometric data, like fingerprints and facial scans. The law requires businesses to inform and get consent from individuals before collecting such data. It also limits sharing this data, except in certain cases like helping law enforcement or completing financial transactions. Businesses must protect this data and destroy it within a year after it’s no longer needed.

In 2011, Meta introduced a feature known as Tag Suggestions to make it easier for users to tag people in their photos. According to Paxton’s office, the feature was turned on by default and ran facial recognition on users’ photos, automatically capturing data protected by the 2009 law. That system was discontinued in 2021, with Meta saying it deleted over 1 billion people’s individual facial recognition data.

I vaguely remember hearing about this when it was filed, but didn’t pay much attention to it beyond that. The settlement will be paid out over five years, and it looks like the money will go into general revenue. I don’t see anything to suggest that Facebook users or some other subset of the public will get a piece of it. If I’m wrong about that, I assume there will be followup stories. Texas Public Radio has more.

Posted in Legal matters | Tagged , , , , , , | Comments Off on Meta settles lawsuit with Texas over facial recognition usage

Our West Nile summer

Lots of rain = lots of mosquitoes.

Local health authorities worry the post-Beryl explosion of the blood-sucking insects could become more than a nuisance, raising the risk of infections of West Nile and other mosquito-borne illnesses.

At least 496 mosquito samples have tested positive for the West Nile virus across the county so far this year, according to Harris County Public Health figures. The department recorded 50 positive samples last year, and less than 400 in 2021 and 2022 combined.

As of Wednesday, seven human cases of West Nile have been confirmed since Beryl, said Dr. Max Vigilant, director of Harris County Public Health’s Mosquito and Vector Control. None had been recorded before the storm, he said.

West Nile virus is the leading cause of mosquito-borne disease in the United States, according to the Texas Department of Health and Human Services. Roughly one in five infected people will develop mild flu-like symptoms. Perhaps one in 150 people will suffer a more severe case of West Nile, develop other illnesses, such as encephalitis, or suffer permanent brain damage.

“We too often forget that this part of the country has a particular vulnerability to mosquito-transmitted virus infections,” said Dr. Peter Hotez, dean of the National School of Tropical Medicine at Baylor College of Medicine and co-director of the Texas Children’s Hospital Center for Vaccine Development. “With (Harris County Mosquito and Vector Control) getting lots of positive samples for West Nile, plus several positive human cases after Beryl in Harris County, you put all of that together, it could be a real problem.”

Mosquito populations typically boom after major rain events such as Beryl. That does not always mean mosquito-borne diseases increase in humans, however.

“West Nile virus is unpredictable,” Vigilant said. “Normally, what you see after a storm is that the number of diseased mosquitoes are less, because you get blow-out and you get wash-out. So, those mosquitoes that survive have to lay again, then hatch again.”

[…]

County data from this summer suggests the West Nile virus is spreading fast within the county’s mosquito population, at least.

The county’s first positive West Nile mosquito sample emerged in May; only 11 more samples tested positive that month. In June, however, 330 samples – around 25 percent of the total tested – came back positive.

So far this month, 174 samples had tested positive as of Wednesday, including 40 since Beryl hit the Houston area 16 days ago.

Positive samples have been collected in at least 165 of the county’s 260 operational areas, Vigilant said.

The usual precautions and remediations apply. Dump out any buckets or birdbaths or what have you around your yard that have standing water in them. Use DEET and wear sufficient clothing to protect against skeeter bites, especially at night. The county will do what it can to try to keep the bugs under control, but there’s only so much they can do.

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

Lawsuit over San Marcos marijuana decriminalization ordinance tossed

For now.

Still a crook any way you look

A Hays County judge dismissed a lawsuit filed against the City of San Marcos in response to a proposition decriminalizing low-level marijuana possession.

Judge Sherri Tibbe dropped Texas Attorney General Ken Paxton’s suit against San Marcos on Monday. Paxton has already filed a motion to appeal the dismissal, according to the city.

Paxton filed the lawsuit against five Texas cities — Killeen, Denton, Elgin, Austin and San Marcos — back in January. In a press release, Paxton said he will “not stand idly by as cities run by pro-crime extremists deliberately violate Texas law and promote the use of illicit drugs that harm our communities.”

A Travis County judge dismissed the suit against the City of Austin in June.

[…]

When Prop A passed, San Marcos police stopped arresting and citing people found with small amounts of marijuana except in limited circumstances. But the department didn’t adopt a formal policy reflecting that, citing a Texas code that prohibits cities from implementing policies that prevent full enforcement of drug laws.

Texas State University police can still issue arrests and citations for any amount of marijuana in one’s possession, according to the university’s police department. That’s because the university can set its own rules separate from the city’s ordinances.

See here for more on the original lawsuits, and here for more on the dismissal of the Austin case. It’s not clear to me in either of these what the reasons were for the dismissal – it looks mostly like the judges didn’t think the suits had merit – so it’s not clear to me what their fate will be on appeal. I mean, the Supreme Court is gonna do what it’s gonna do when it gets to them, and the Lege could step in and clarify matters next year as well. So you can continue to smoke ’em if you got ’em in San Marcos, as long as you’re not on the Texas State campus and you realize that this may be a short-term situation. The city of Dallas appears poised to jump on this bandwagon as well, for however long the ride lasts.

UPDATE: The Trib published a story this morning about the San Marcos and Austin litigation as well as an update on where the other cities are. As to why the San Marcos lawsuit was dismissed, the Trib writes “Hays County district judge Sherri Tibbe dismissed Paxton’s lawsuit, upholding the argument that the state was not injured when San Marcos reduced arrests for misdemeanor marijuana possession and that it allowed for resources to be used for higher-priority public safety needs”.

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

More on Judge Kelli Johnson

Not great.

Judge Kelli Johnson

Top judicial leaders in Houston have effectively removed hundreds of pending cases from state district Judge Kelli Johnson and assigned them to other jurists in the wake of two recent DWI stops — one on June 25 that led to her arrest — and a judicial complaint filed by her court reporter.

The reassignment of her docket, detailed in an order filed Thursday, happened after the Democratic judge, who is seeking reelection in November, went to work at the criminal courthouse but failed to preside on the bench. The order, signed by Judge Latosha Lewis Payne, Harris County’s local administrative judge, and Judge Susan Brown, a governor-appointee for the Eleventh Administrative Judicial Region of Texas, comes in the wake of Johnson’s arrest on a misdemeanor driving while intoxicated charge.

The rare move to reassign cases strips the elected judge of her ability to preside over her docket without the State Commission on Judicial Conduct having to suspend her.

A statement from Amanda Cain, spokesperson for the Administrative Office of the District Courts, noted that Johnson remains the elected official over that court. The order is scheduled to last through Aug. 9.

Johnson did not address the docket change in a Wednesday night phone call from the courthouse but said she did not know about the judicial complaint.

In an unsolicited Facebook message to a Chronicle reporter in the early hours Wednesday, Johnson derided the decision to remove her docket and disparaged Brown as a “political hack.”

“I have more time this week since Susan f—ing Brown decided to take away MY dockets,” she wrote.

She also had choice words for another judge, Robert Johnson, who presides in the 177th District Court — also on the 19th floor. Johnson confirmed she sent the message in a followup call.

“He sucks by the way and f—ed with the wrong person — me,” Johnson wrote. “I just know he is a complete despicable and unconscionable a—.”

[…]

Gail Rolen, a court reporter who has worked for Johnson since 2017 and was a constant presence on high-profile trials, said she filed her complaint with the commission against the judge this month because of “a hostile work environment due to incidents related to the traffic stops” and other unprofessional behavior she witnessed. She said the unspecified behavior prompted her to take a leave of absence through the Family and Medical Leave Act.

“I had to file a judicial complaint in order to protect the integrity of the judicial system and the citizens who have voted for her as well as defendants in her court and their attorneys,” Rolen said.

She said the decision this week to assign visiting judges to Johnson’s court was “absolutely necessary and crucial.”

“It’s the least they can do right now until the judicial board is able to take action, if they do,” she continued.

See here and here for the background. I would like an explanation of why Judges Payne (an elected Democrat like Judge Johnson) and Brown decided to step in like this – I assume this is a “rare move” for a reason. Were the circumstances so extraordinary that they couldn’t wait for the State Commission on Judicial Conduct? Were there things they could do that the Commission could not? I am once again imploring the Chronicle to ask an attorney who is familiar with this sort of thing about it when writing a story that involves legal facts that may not be known to a general audience. If you are such an attorney, please leave a comment and enlighten us.

As spicy as the interpersonal conflict between these judges is, the complaint filed by court reporter Rolen feels like the bigger deal. Perhaps this was the catalyst for the local administrative action, I couldn’t say. I hope we learn more about the allegations she has raised, because whatever may be going on with Judge Johnson, I fully agree that the court’s business needs to be conducted in a professional manner. I don’t know what is going on here, but I would like very much for it to be resolved in a way that is fair to the Judge and to everyone associated with her courtroom. Click2Houston has more.

Posted in Crime and Punishment | Tagged , , , , , , , | 1 Comment

More on Ken Paxton’s ethicslessness

Yes, that’s a word. It’s also a good description of the state of our Attorney General.

Still a crook any way you look

Three decades following its inception, the [Texas Ethics C]ommission is toothless. Compliance of Texas’ ethics laws is largely voluntary. That’s because the agency relies on the Texas attorney general to enforce payment of fines for violations.

And under Ken Paxton, who himself owes $11,000 in ethics fines, that has rarely happened.

A review by The Texas Tribune found that the number of politicians, lobbyists and political action committees that owe fines for breaking state campaign finance laws has exploded in recent years.

The Texas Ethics Commission issues the penalties for violations of state campaign finance laws, most often when entities fail to file required reports detailing their fundraising, spending or personal financial holdings. Those penalties could also be for infractions like spending campaign dollars on improper expenditures, failing to register as a lobbyist or using government resources to campaign.

Fines are the primary enforcement mechanism to ensure political actors follow the law. But when the fines go unpaid, the responsibility for forcing delinquent individuals and groups to pay up falls on the attorney general’s office, which can take them to court.

Since Paxton took office in 2015, the ethics commission has referred 2,500 unpaid fines to the attorney general for enforcement, the Tribune found. During that time, Paxton’s office has filed just 175 enforcement lawsuits, or 7% of the cases referred to it. Most occurred early in his tenure. After filing none in 2020 and 2021, the attorney general’s office brought 18 cases in 2022, 25 last year and just one so far in the first six months of 2024.

As enforcement has lagged, the number of delinquent candidates and elected officials has soared. In 2019, 327 filers owed $1.3 million in fines. Through June, 750 filers owed $3.6 million.

That trend is alarming in a state with few regulations in its political system, said Anthony Gutierrez of open government advocacy group Common Cause.

“Candidates are supposed to be telling Texans who they’re taking money from, what they’re spending money on,” Gutierrez said. “If any of that information is not being disclosed, it’s a big deal. It could be being kept secret for a reason.”

[…]

The appetite for reform in the Texas Legislature is unknown. Reps. Reggie Smith, R-Sherman, and John Bucy, D-Austin, who are chair and vice chair of the House election committee, did not respond to requests for comment. Neither did Sen. Bryan Hughes, R-Mineola, chair of the Senate state affairs committee.

Gutierrez said allowing the ethics commission to file lawsuits on its own would be “a huge step,” towards restoring accountability to the state’s campaign finance system. Allowing the commission more independence, rather than having to rely on an elected attorney general, would help separate the body from political influence.

“It feels like any system where there’s a politician who’s subject to the laws and is also subject to enforcing the laws is just a flawed system,” Gutierrez said. “The ethics commission, as it exists today, just doesn’t have the powers it needs to enforce the laws on the books.”

See here for some background. One of the wildest things about this is that quite a few of the bigger violators are Democrats. You would think that would be catnip to a partisan like Paxton, but he just doesn’t care. I suppose he believes that he and his oligarch overlords are better off with no enforcement, even if it means some of his enemies get away with it as well.

It must be noted that as much fun as it is to take potshots at Paxton, this is another one of those situations where the voters have to want to do something about it. Republicans have no incentive to change anything, and Democrats have bigger issues they’d like to put before the voters. It’s also not like “clean government” campaigns are generally successful. I think it can be a catalyst when the winds are already in your favor – see, for example, the Democratic Congressional wave of 2006, which was primarily driven by Iraq, Hurricane Katrina, and the failed effort to privatize Social Security, but which got a boost from the multiple Republican scandals that were constantly in the news. I don’t think this message carries much weight on its own. And even if it did, as noted there are plenty of Dems with bad records on this front. Paxton deserves most of the blame for his failures of oversight, but the message is more complicated than that.

Posted in Show Business for Ugly People | Tagged , , , , , , , , , , , , | Comments Off on More on Ken Paxton’s ethicslessness

July 2024 campaign finance reports – State offices

PREVIOUSLY: Senate and Congress

For the first time in awhile that I can remember, there’s not really a state or statewide legislative race generating much interest in Harris County. The candidates and incumbents for the Court of Appeals benches have been very active and visible, but that’s a different vibe. I may check in on those races later, but for now I wanted to focus on the legislative races of interest, plus the Railroad Commissioner. Back in January, there were multiple contested primaries to watch for, but those were all in deep blue districts. For this roundup, I decided to go back to the list of potentially competitive State Rep districts that I compiled after the misery that was the Republican primary, to hopefully focus some attention and energy on the idea that if we win a few of these, we can probably stop Greg Abbott’s larcenous voucher scheme in its tracks. So let’s go down that list of candidates and see what they tell us.

Katherine Culbert, Railroad Commissioner
Rachel Mello, SD08
Molly Cook, SD15

Fred Medina, HD14
Daniel Lee, HD26
Jonathan Gracia, HD37
Jennifer Birkholz, HD52
Dawn Richardson, HD54

Tony Adams, HD61
Michelle Beckley, HD63
Detrick DeBurr, HD65
David Carstens, HD66
Makala Washington, HD67

Denise Wilkerson, HD94
Carlos Walker, HD97
Elizabeth Ginsberg, HD108
Averie Bishop, HD112
Kristian Carranza, HD118

Laurel Jordan Swift, HD121
Chase West, HD132
Stephanie Morales, HD138


Dist   Candidate     Raised       Spent       Loan     On Hand
==============================================================
RRC      Culbert      6,685       3,530      2,400           0

SD08       Mello      2,538       3,309      3,324         865
SD15        Cook    136,296     198,153          0      51,511

HD014     Medina      5,036       2,164          0       1,373
HD026        Lee      5,000           0      5,000       5,000
HD037     Gracia    122,375      11,823    243,600      95,486
HD052   Birkholz     38,397       4,616          0      26,223
HD054 Richardson     15,417      10,471          0       6,344
HD061      Adams      3,429         851          0           0
HD063    Beckley     47,547      22,803      2,000      24,098
HD065     DeBurr      4,631      10,572     12,000       6,059
HD066   Carstens      5,900       2,400      7,000       4,000
HD067 Washington      2,477       1,820        750         657
HD094  Wilkerson     37,962       8,623      9,938      25,845
HD097     Walker        993       3,800      1,050       4,251
HD108   Ginsberg    113,169      24,458          0      95,984
HD112     Bishop    191,470      71,800          0     106,140
HD118   Carranza    263,930      48,718          0     191,088
HD121      Swift    108,117      41,561     25,000      35,486
HD132       West     47,430       6,818          0      40,286
HD138    Morales

I included Sen. Molly Cook (and that sure feels nice to type) out of curiosity, to see what her account looked like after two elections in quick succession in May. Given that her reporting period barely covered five weeks, that’s a nice showing. One of her stated promises is that she will be a force on the November campaign trail, and her ability to raise money will help with that. As for Rachel Mello, she’s running against Sen. Angela Paxton. I really wish this could have been a higher-profile race. If anyone deserves that kind of scrutiny this cycle, it’s Angela Paxton.

As for the House races, I would have liked to see more candidates raising enough money to run viable campaigns. I don’t know how much responsibility for that falls on the donor class, the TDP, the local parties, the candidates themselves, the Presidential race sucking all the oxygen out of the room, or something else. I realize that a lot of these races are aspirational, but we’re never going to get anywhere if we’re not trying our hardest to extend our reach. And as we saw in 2018, if the environment turns out to be more favorable than you thought, the wave can reach farther than you thought, with a little bit of assistance.

On the plus side, the races that are the most reachable also have the best-funded candidates so far, and they’re all in reasonable shape. That includes the last two Republican districts in Dallas County, two districts in Bexar County, and the Cameron County district the Republicans flipped in 2022. Winning even a couple of these could be enough to turn back the voucher tide. A handful of others have semi-decent money, which could be developed into more, so there is some potential for aspiration. That said, Greg Abbott has many millions at his disposal, and what he wants is a pliant Legislature. This is make or break stuff.

I’m pleasantly surprised by Chase West in HD132, who has outperformed my expectations so far. I’m disappointed that Stephanie Morales, who is a repeat candidate, has not filed any reports this year. Maybe it’s a system issue, but that should not be happening. HD26 is one of the reach-ier districts on this list, but the Republicans ousted their incumbent for not being sufficiently worshipful of Ken Paxton, so not putting our best foot forward there feels like a lost opportunity to me. There are very few local races of interest in our area. We’ve done our best work over the last 20 or so years turning red areas purple. We need to keep at it. I hope this is more of a priority in 2026.

I’ll look at the county races next. Let me know if you have any questions.

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

On rooftop solar

There are a couple of things to consider as you read this.

Eli Hartman/The Texas Tribune

Texas ranks third in the country in electricity generation from small-scale solar, including rooftop solar, trailing California and Arizona, according to the Energy Information Administration. (The federal office defines small-scale solar as systems with capacity of less than 1 megawatt.)

On a per-capita basis, however, Texas ranks 20th, which indicates that there is a lot of room to grow. How much room is difficult to say, but a good way to frame it is that the state’s generation from small-scale solar last year was equivalent to about 1% of the total from large power plants.

The state has the technical potential to cover more than 30% of its electricity consumption with rooftop solar, according to a 2018 paper from the National Renewable Energy Laboratory. I’m cautious in citing this figure because the underlying data is more than a decade old, and because technical potential is usually a lot more than markets or consumer preferences will bear. An official at the lab tells me researchers there are working on an update to this research, which may be available next year.

In recent years, Texas has increased its electricity generation from small-scale solar at a rapid pace. In 2023, the state generated 4,337 gigawatt-hours from this category, an increase of 45% from the prior year, according to EIA. Of the 10 states with the most generation from small-scale solar last year, only Florida had more percentage growth, with 47%.

Some of the main drivers of rooftop solar in Texas have been a desire to reduce exposure to rising utility costs and concerns about reliability of the grid, said Ryan Barnett, senior vice president of policy and market development for Palmetto, a North Carolina-based climate tech company whose products include solar and battery storage.

[…]

Another key variable is that the costs of solar and storage have mostly been flat while utility costs continue to rise. A solar system may cost about $20,000, but the savings on electricity bills will cover the costs in less than seven years, according to EnergySage.

We got rooftop solar panels installed last year, just before summertime. The $20K cost estimate given here is in line with what we spent, and we definitely saved money on our electric bill from the beginning. It saved us quite a bit, given how monstrous last summer was and how much we had to run the air conditioning. But be very careful when reading that EnergySage article, because the savings on our electric bill was more like fifty percent, not the whole thing. That’s partly because the sun doesn’t shine all the time, of course, but that wasn’t a big issue. The big issue was that with temperatures only dropping into the low 80s at night, we’re still heavily using the A/C (easily the biggest part of our electric bill) when the sun isn’t shining. Look at how much your electric bill is daytime use versus nighttime use before you start zeroing out your monthly payments. It’s not going to be what you think.

Also, in a little bit of irony, the mature oak tree we have in our front yard, which has for years provided cooling shade for our west-facing house, is now slightly reducing the maximum capacity of our solar panels, because they’re partly in the shade in the afternoon. I mean, what are you gonna do?

What we could do in order to further reduce our nighttime cost is install backup batteries. Even with the inconvenient shade we have on our rooftop, we generate more electricity than we need during the day. You’ll hear about how with rooftop solar, you can sell that excess energy back to the grid via a process called net metering, and thus save yourself even more money. That only works if your utility uses net metering. As you can see from the map farther down in that last link, that depends on what utility you have in Texas. And sure enough, CenterPoint does not offer net metering. You can’t sell your excess energy back to them, they won’t take it.

That means our next best option is battery backup, to store that excess electricity for later use. That could be used overnight, to reduce our electric bill further, and it could be used during a prolonged power outage, which was definitely something we thought about when doing this installation. The main issue there is it significantly increases the up-front cost, which led us to defer that for a year. We are unfortunately still working through the details on that, which means that we couldn’t take advantage of this setup for either the derecho or Beryl, but it’s what we’re aiming for in the future. I regret to add that by far the best battery option for us was the Tesla product, which doesn’t make us happy but is what it is. You’ll want to do some research on that before you proceed.

There are other options to consider. We have owned some Yeti Goal Zero batteries for a couple of years, and the combination of having them and being able to recharge them elsewhere (mostly, my mother-in-law’s house) while we were powerless meant that we kept the fridge in the house and the freezer in the garage sufficiently cool during each of those outages. There are portable solar panel chargers one can use in conjunction with these batteries as well, although that presents some challenges because everything gets hot, and the batteries are harder to handle and slower to charge when they’re hot. But they were definitely better than nothing. And as noted before, electric vehicles can also help provide emergency power.

That’s a different use case from just reducing your electric bill, but both are things you can do with rooftop solar and some kind of battery storage. Your utility, if you’re not a CenterPoint customer, might make this easier for you. There’s a big up front investment, but the return is clear. It’s worth looking into.

UPDATE: To clarify, while CenterPoint doesn’t do net metering, you can get buy back credits from your electric retailer. They compete on that point, so check to see what makes sense for you.

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Third complaint over Ted Cruz’s podcast payments

Three strikes and…well, nothing really. They’re just complaints and even if they’re found to be meritorious we’re a long way away from anything happening. But since I’m following this story, I’ll keep on it.

I hear Cancun is nice

U.S. Sen. Ted Cruz, R-Texas, remains under scrutiny over a financial relationship between his podcast and iHeartMedia and whether the company is aiding his reelection campaign, as alleged in complaints filed with the U.S. Senate Select Committee on Ethics, including a new one submitted as recently as last week.

Arguing that the financial arrangement violates federal law, at least three ethics complaints have been lodged against Cruz over a syndication deal with the San Antonio-based audio media company that publishes the senator’s podcast, “Verdict with Ted Cruz.” Though a Cruz spokesperson has said the senator does not gain financially on the deal, the company has contributed $787,000 to a political action committee backing Cruz’s Senate reelection campaign against Democratic challenger U.S. Rep. Collin Allred of Dallas.

Michael Tijerina, a Collin County Democratic Party precinct chair, in a July 14 complaint filed with the Ethics Committee, accuses Cruz of violating federal law and Senate ethics rules by flouting earned income limits, a ban on receiving payments for appearances or speaking engagements, and financial disclosure requirements.

“Senator Cruz claims to volunteer his time to appear on the podcast,” that complaint Tijerina says. “However, Senator Cruz seems to be receiving a ‘thing of value’ for his appearances — namely hundreds of thousands of funds to a super PAC supporting his re-election campaign.”

In a previous complaint filed by the Campaign Legal Center and End Citizens United, the groups similarly pointed to the syndication deal as a violation of the Federal Election Campaign Act as iHeartMedia had made roughly $630,000 in payments to the super PAC, which then reported the payments as “digital revenue” or “digital income,” as opposed to campaign contributions.

[…]

The prior complaint filed with the Ethics Committee pointed to specific legislation related to the Federal Communications Commission — for which iHeartMedia lobbied — that was introduced in the Senate Committee on Commerce, Science and Transportation, a panel on which Cruz serves.

The media conglomerate has said previously that the money in question is “associated with ad sales,” directing further questions to the Truth and Courage PAC. At the time of the original complaint, a spokesperson for Cruz said the senator does not receive a financial benefit from his podcast being housed on the platform, likening the partnership to that of appearing on a cable or network news show.

Cruz’s office did not respond to an American-Statesman request for comment on the relationship with iHeartMedia or payments to the Truth and Courage PAC.

In making a renewed request to the Ethics Committee, Tijerina is asking for both an investigation into the financial situation brought about by the podcast and “appropriate remedial action” against Cruz for possible improper conduct.

“Ted Cruz has a long record of putting himself ahead of Texans and his podcast is just the latest example,” Tijerina said in a statement. “If Cruz is breaking Senate rules or federal election law by funneling money to his super PAC, we deserve to know.”

See here and here for the background. It’s not really clear to me how this complaint differs from the earlier ones. It’s also not clear to me what if anything we might expect the Senate Select Committee on Ethics to do – as the story notes, the last time they issued disciplinary sanctions was 2007, and I think we can all agree that politics today is nothing like politics then. Nonetheless, I’m committed to this bit, so now you have the latest. The Current has more.

Posted in Election 2024, Show Business for Ugly People | Tagged , , , , , , , , , , , , , | Comments Off on Third complaint over Ted Cruz’s podcast payments

Weekend link dump for July 28

“Polling shows that two-thirds of Americans support term limits for Supreme Court justices. The same goes for judicial ethics reforms. The commissioners pointed out, as we all know, that “the Justices of the U.S. Supreme Court are the only members of the federal judiciary who are not covered by a code of conduct.” Most sane businesses are covered by a code of conduct! Judges and justices across the world are constrained by ethics rules that would preclude them from accepting millions of dollars in donor gifts, failing to disclose them, then lying about it. But not our highest court in the land.”

“Since watching that video last week, I’ve taken to trash-talking Perseus-Pisces as our rival supercluster.”

“But Giuliani lacked the organizational skills, not to mention the cash, to execute such a maneuver. At this point, he’ll be lucky to escape from bankruptcy without getting sanctioned.”

“‘Goldmine’ collection of wheat from 100 years ago may help feed the world“.

“Throughout those proceedings, Plaquemines Parish leaders had a paid ally on their side: the judge’s husband, U.S. Sen.-turned-lobbyist David Vitter.” You remember ol’ Dave, right?

“I’ve heard talking heads and the Twitterati and many fellow Democrats comment that one reason the Dem debate is so damaging is that we appear fractured and fractious and that the GOP is united in support of their candidate. There seems to be a little cult of personality envy out there folks and if you have ever felt a twinge of it, I urge you to take a cold shower and get over it.”

It’s Nick Castellanos’ world. We are just living in it.

Please leave Chappell Roan alone.

“The point is that beneath this seeming appetite to let politics run its course in all its ferality is something quite different: It’s a kind of disdain for actual voters and how actual politics works – not always pretty, mixed with peoples overweening ambitions, their intense loves and fears, and all the rest.”

RIP, Bernice Johnson Reagon, original member of the Freedom Singers and founder of the women’s a cappella group Sweet Honey in the Rock.

“If Billy Graham would have been born in 1975 instead of 1918, I don’t think he would have been as successful, because he hit his peak right as the baby boom was taking off and America was really hungry for religion.”

“The results of the biggest study on guaranteed income programs are finally in”.

“Suddenly Trump Looks Older and More Deranged”.

Excellent news. The Internet is slightly less rancid now.

RIP, Felix Fraga, longtime community activist and former Houston City Council member.

RIP, Abdul “Duke” Fakir, co-founder and last surviving member of the Four Tops.

“The Federal Trade Commission is launching an investigation into so-called surveillance pricing, seeking more information about how artificial intelligence is used to change pricing rapidly based on data about customer behavior and characteristics.”

RIP, Gene Peterson, longtime radio voice of the Houston Rockets. What a pleasure he was to listen to.

“Conservatives sometimes say confusing things. I’m here to help with a short, and sadly incomplete, primer on conserva-speak.”

I didn’t have People magazine delivering more incisive Presidential race reporting than some of the national dailies on my 2024 bingo card, but here we are.

And speaking of things none of us had on the bingo card: “The Canadian women’s soccer team assistant coach and an analyst have been kicked out of the Olympic squad after Team New Zealand said it had its training session disrupted by a drone flown by a staff member of its Group A opponents, the Canadian Olympic Committee (COC) said Wednesday.”

“Southwest Airlines is shifting to assigned seats for the first time in its history, a change that will allow the low-fare carrier to charge a premium for some of the seats on its planes.”

“How it is going for JD Vance in one screenshot”.

RIP, John Mayall, singer and guitarist known as the “Godfather of British blues”.

“This rapid about-face is more than just a change of heart; it’s a textbook example of the intellectual dishonesty that plagues much of our political commentary.”

“We will neither cease nor desist.”

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The potential candidates so far for CD18

The Chron lists a few, but I can and will tell you there are others.

Rep. Sheila Jackson Lee

The campaign to replace the late U.S. Rep. Sheila Jackson Lee in Congress is playing out behind the scenes, with potential candidates calling precinct chairs and gauging interest ahead of an early August selection.

[…]

Here’s a running list of who’s running, who may be interested, and who is not.

Mayor Sylvester Turner
Turner, who left City Hall in January due to term limits, said Tuesday he is giving a run “serious consideration,” suggesting the unique circumstances of this race are the only thing that could pull him out of retirement.

On Wednesday, Turner said he wants to keep the focus next week on celebrating Jackson Lee’s life.

“For these reasons, and out of immense respect for her family and all those who loved her, I will hold any announcement about my intentions until Friday, August 2,” Turner said.

Turner’s entry, if he decides to run, could lead other candidates to opt against a run. He served as Houston’s mayor from 2016 through 2023, after serving for decades as a member of the Texas House.

Amanda Edwards
Edwards, a former City Council member and Senate candidate, launched a campaign for Jackson Lee’s seat after the congresswoman entered the mayoral field. When Jackson Lee lost that race and pivoted back to Congress, Edwards stayed in to challenge her.

Jackson Lee won, 60% to 37%.

“While my interest in serving this community remains unchanged, I want to honor and respect the sensitive timing of Congresswoman Jackson Lee’s passing, and I would prefer to discuss this at a later time,” she said late Tuesday.

State Rep. Jarvis Johnson
Johnson, a state representative who lost a bid to take Mayor John Whitmire’s former seat in the Texas Senate, announced he will pursue the nomination on Tuesday.

“In light of her recent passing, we approach this announcement with utmost care and reverence for her legacy,” Johnson said. “Given the tight timeline — Democratic party decisions looming within a month — we must continue meeting the people’s needs.”

Dwight Boykins
Boykins, a former City Council member and mayoral candidate, confirmed he was interested in the seat but would hold off on an announcement out of respect for Jackson Lee.

“I think it’s inappropriate to be campaigning for her seat before she is buried, so I’m not going to do it,” Boykins said. “I owe her the respect to at least let her be laid to rest before I officially make any announcement.”

Bishop James Dixon II
Dixon II, the pastor at The Community of Faith Church, said he is “thinking about it very seriously and praying about it even more seriously.”

Dixon II, who is president of Houston’s chapter of the NAACP, has been a player in local politics but has never run for office before.

He also chairs the board of the Harris County Sports and Convention Corporation, the branch of county government that oversees the county-owned NRG Park.

State Rep. Jolanda Jones
Jones represents a Texas House district that overlaps with part of Jackson Lee’s district, and her name has surfaced as a potential candidate.

Jones did not respond to a request for comment.

City Council Member Letitia Plummer
Plummer is said to be exploring a run, though she also has not confirmed her interest publicly.

“We must take the time to honor her legacy and grieve her passing. In respect for her memory, I will refrain from discussing any potential interest in her vacant seat until after her funeral,” Plummer said.

Plummer won election to a second term as an at-large council member at City Hall last November, and she previously ran for the District 22 seat in Congress. She lost a Democratic primary election to Sri Kulkarni in 2018.

State law usually requires city officials to resign their seats if they want to run for another post, unless they are in the last year of their elected term. It does not appear that law extends to party contests like this one.

An opinion from then-Attorney General John Cornyn in 2000 concluded “a person who merely seeks a political party’s executive committee’s nomination to be the party’s candidate in a general election… does not trigger” the automatic resignation provision of the Texas Constitution.

It is possible Plummer or any other City Council member only would need to resign if she secured the nomination, though there is some uncertainty about a candidate’s comments. If Plummer or another City Council member made more general comments about running for the seat beyond pursuing this nomination, it still could trigger the law.

Most of these names appeared in my previous post, though since then a couple of people have publicly spoken about their potential interest. I appreciate the work done here to clarify the “resign to run” situation. Now that I see this in print, I seem to recall the same opinion being mentioned in 2016 when then-CM Boykins expressed interest in the Commissioners Court Precinct 1 seat.

Anyway. I can tell you that as of Saturday I have received phone calls from five of the people mentioned: Mayor Turner, Amanda Edwards, Rep. Johnson, Rep. Jones, and CM Plummer. Nobody told me anything that hasn’t been published in this story or elsewhere. I have not heard from Bishop Dixon or former CM Boykins. I have also received a call from an elected official not named in the story who may or may not become a candidate, and I got an email from a person unfamiliar to me who announced their candidacy. I will remind you, and that person if they read this, that anyone who wants to be a candidate must have a precinct chair nominate them during the meeting first. So we’ll see about that. I have not yet heard that a date/time/place has been set for the meeting, but I expect that will come out soon. I will let you know when I know more.

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CenterPoint gets its first grilling

I’m sure there will be more of this to come. But we need action, not just talk.

Seen at I-10 and Sawyer

Texas utility regulators grilled CenterPoint Energy executives Thursday over their performance in the days following Hurricane Beryl, when millions of Houston-area residents lost power, as the utility’s leaders repeatedly apologized and acknowledged the company’s shortcomings in its preparations and response.

At a regularly scheduled meeting of the Public Utility Commission of Texas, Commissioner Jimmy Glotfelty said the storm should be a wake-up call to CenterPoint and every other utility in the state.

“Whether it be a wildfire … or a big storm or a derecho, I don’t care what it is, you all know your system the best, but you’ll have to do better. The customers deserve better, and we all are giving you a return that expects better,” Glotfelty said.

CenterPoint can recover its operating and maintenance expenses through electricity rates approved by the PUC and passed onto consumers. It can also recover the costs of capital investments and earn a 9.4% rate of return if those expenditures are approved by the commission.

CenterPoint CEO Jason Wells said the company was committed to reearning the trust of the Houston area.

“I take personal accountability on areas where we fell short of our customers’ expectations,” Wells said. “Most importantly, I want to apologize. While we cannot erase the frustrations and difficulties so many of our customers endured, I, my entire leadership team, will not make excuses. We will improve and act with a sense of urgency.”

The hurricane came ashore in Matagorda on July 8, a Monday, and knocked out power in the Houston area to a record 2.26 million CenterPoint customers. Power was restored to about half of those customers within four days, still leaving hundreds of thousands of Houstonians without power as temperatures hovered in the mid-to-high 90s.

On Thursday, Wells promised to improve communications with customers, replace approximately 1,000 wooden power poles with composite poles and lease more small mobile generators on a short-term basis. As of July 16, CenterPoint had nearly doubled its vegetation management workforce, Wells said. CenterPoint will also hire for a new position in the company’s executive team who will make improvements to “every aspect” of emergency response, he said.

Some of the comments Wells made to the PUC echo his comments to the Chronicle on July 11, when he said, “I think we could do a better job of communicating expectations with our customers, and I personally own that.”

[…]

Alyssia Oshodi, CenterPoint’s director of corporate communications, said after the meeting that the company planned to roll out a new cloud-based outage tracker Aug. 1 that would show outages at the neighborhood level. The company planned to roll out a further improved tracker in the first quarter of 2025 that will show whether a particular household’s meter is on or off, she said.

Glotfelty said CenterPoint should consider bringing in-house some of the work currently done by vegetation management and lineworker contractors if it’s economic to do so. He said CenterPoint must also better coordinate its requests for mutual assistance crews from other utilities and how it prestages those crews.

“There are a lot of things that went wrong here, and a lot of things that you all need to fix,” Glotfelty said.

I’ve said all this before, but it bears repeating and emphasizing: We need specific items for CenterPoint to do and not do, we need them codified into laws and regulations, we need sufficient oversight to ensure they are being followed, and we need enforcement mechanisms that work. Sorry for dropping a buzzword on you, but someone needs to introduce Jason Wells to the concept of SMART goals, because “improve communications with customers” is meaningless drivel. Tell me exactly what you aim to achieve, how you intend to do it, and by when. And then make sure the Lege and the PUC write it all down and hold you to account for it. Anything less is a waste of time. The Trib has more, and you should also read this Chron story about how the city of Houston’s Office of Emergency Management had to roll their own power outage map on the fly after CenterPoint’s crapped out. Either we generate laws and regulations to make a repeat of that situation unlikely in the extreme or we’re doing it wrong.

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More on the I-10 project and “No Higher No Wider”

This story is primarily about the effect of the proposed I-10 widening/elevating would have on the Cottage Grove neighborhood, which was previously split in two by the highway’s construction in 1968. That’s all worth reading, but I’m focusing on a smaller part of the story.

Almost six decades later, the Texas Department of Transportation has plans once again for I-10. This time, the project would be to expand the freeway from Voss Road to Interstate 45. The project would extend existing managed lanes into downtown while adding drainage improvements under the freeway. That takes the form of two options: widen the freeway or elevate the managed lanes.

Neither, according to residents, is a good option.

Instead, a grass-roots movement called “No Higher, No Wider” has proposed an alternative that would widen the freeway at its current grade and create managed lanes in the existing right-of-way of I-10.

The main feature of the community-driven design is a structural cap, a cover that would go over the existing below-grade sections of the freeway on which development could occur. The idea is to link the two sides of Cottage Grove for the first time in nearly 60 years with pedestrian infrastructure.

While most of Cottage Grove lies north of I-10, few know the neighborhood extends south of the highway. In fact, few residents of that area even know they are in Cottage Grove.

[…]

According to Grady Mapes, director of TxDOT’s District Comprehensive Development Agreements program, public comments generally deal with one specific issue or technical part of the project.

Technical suggestions are easy to evaluate, as TxDOT operates under a set of standards it can weigh against outside ideas and proposals. Those standards deal with such things as stopping sight distances and other technical evaluations of the road.

“We don’t often have comments in a large group that come in that just say we just don’t like the project,” Mapes said.

A Houston Landing review of public feedback from more than 250 residents showed the vast majority of comments were in opposition to the I-10 project.

“It’s an evaluation of the purpose and need at that point is really what it becomes,” Mapes said.

For the I-10 Inner Katy Managed Lanes project, the purpose for the project is to reduce congestion, improve mobility, and enhance drainage on I-10. Many commenters say widening the freeway likely would not do much to alleviate congestion.

Instead, the project would bring more noise and air pollution, while also cutting into the neighborhood’s park. It also may displace more than 80 homes and businesses. Residents called out the potential for damaging neighborhood property values and overall quality of life as lasting impacts without seeing real benefits from the project.

“Going back to 2021, we presented alternatives to TxDOT,” [Drew Wiley, infrastructure committee chair for the Cottage Grove Civic Association] said. “We were like, ‘Look, this is too much. You guys, you’re just using your old playbook, you’re just widening. You’re adding more lanes, like this isn’t what this area needs.’”

Other commenters wanted to see an emphasis on green spaces and pedestrian mobility. The overall resistance to the same freeway solutions led to the formation of “No Higher, No Wider I-10” and pushes from neighborhoods like Cottage Grove and the West End.

The structural cap solution is not sure to alleviate the concerns of residents, according to Mapes.

“Sometimes they have outcomes that people maybe didn’t think of when they presented the concept,” Mapes said, suggesting that some ideas could require additional right-of-way on the freeway.

See here for the previous entry, in which I first encountered No Higher No Wider I-10. I mean, I’m glad that TxDOT is taking steps to accommodate the construction of the Inner Katy Line, even as we have no reason to trust anything Metro says right now. I would just like for them, this one time, to really care about the people and the neighborhoods that will be disrupted by what they’re doing. I can’t say I have much faith that they will, but I applaud the No Higher No Wider folks for trying.

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Lawsuit over self-induced abortion charges can proceed

Good.

A Texas woman who was jailed and charged with murder after self-managing an abortion in 2022 can move forward with her lawsuit against the local sheriff and prosecutors over the case that drew national outrage before the charges were quickly dropped, a federal judge ruled Wednesday.

U.S. District Judge Drew B. Tipton denied a motion by prosecutors and the sheriff to dismiss the lawsuit during a hearing in the border city of McAllen. Lizelle Gonzalez, who spent two nights in jail on the murder charges and is seeking $1 million in damages in the lawsuit, did not attend the hearing.

Texas has one of the nation’s most restrictive abortion bans and outlaws the procedure with limited exceptions. Under Texas law, women seeking an abortion are exempt from criminal charges, however.

Starr County District Attorney Gocha Ramirez and other defendants have argued their positions provide them immunity from civil lawsuits.

Rick Navarro, an attorney for the defense, argued that it was “at worst a negligence case” during the hearing. Ramirez has previously told The Associated Press that he “made a mistake” in bringing charges.

Tipton asked Gonzalez’s attorneys whether they could prove the prosecutors knew of the exception.

“What we intend to show is that negligence doesn’t explain this oversight. It is the role and function of prosecutors to be aware of the elements of the statutes that they are charging,” said David Donatti, an attorney with the ACLU of Texas who is representing Gonzalez.

See here, here, and here for some background. Texas Public Radio adds some details.

Starr County District Attorney Gocha A. Ramirez and Assistant District Attorney Alexandria Lynn Barrera filed motions to dismiss the lawsuit in May, citing the legal principle “immunity doctrine.”

The immunity doctrine provides protections to public officials from legal repercussions, but with some exceptions for violations of civil rights.

In the case of Ramirez and Barrera, attorneys for Gonzales said they intend to show that “prosecutorial immunity” cannot be granted in this case, since the allegations fall outside of the county officials’ work as prosecutors.

On Wednesday, a federal judge agreed that discovery was necessary in any case that alleged wrongdoing that wasn’t protected by immunity.

Gonzalez’s attorney’s still must provide proof for their allegations and show intent on the part of Starr County officials.

Lauren Johnson, director of the Abortion Criminal Defense Initiative at the American Civil Liberties Union, represents Gonzalez. She said the ACLU is ready to address the legal claims to immunity raised by Starr County officials in order to continue with the case.

“We’ll be doing some discovery on the question of the immunity claims that the defendants have raised as to the DA’s and prosecutor’s claim that they are not liable,” Johnson said. “Our goal is to continue this fight to the point of trial.”

The lawsuit, which seeks $1 million in damages, claims that officials misrepresented facts to a grand jury and conspired to maliciously prosecute without probable cause.

Garza said outside of federal court that the legal team has information they intend to make admissible in court to prove intent.

“We do have a good faith basis for every allegation that we’ve made, and we anticipate that this limited discovery will get us there,” Garza said.

Sounds pretty clear to me. I presume the judge (a Trump appointee, by the way) can revisit the matter of dismissal if the plaintiffs don’t show sufficient evidence of malice or some other cause to get past the immunity shield. The fact that anyone even passingly familiar with the state’s fanatical anti-abortion laws should be aware that they exempt the mother from criminal charges is a good place to start with the claim that this wasn’t a case of simple incompetence, but I assume the bar is higher than that. I’m eager to see what they have. MyRGV has more.

(Side note, the plaintiff’s name was Lizelle Herrera at the time of her arrest; it’s Lizelle Gonzalez now. Just FYI in case there was some confusion.)

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Mayor Whitmire names a new fire chief

Fired or retired, depends on the source.

Sam Peña is out as Houston’s Fire Chief, Mayor John Whitmire said Friday.

The news was first reported by KPRC.

“(Peña) plans to retire,” Mayor John Whitmire told the TV station. “I thank him for his service. He has served us during some difficult times. I said during the campaign my department heads will have six months to prove themselves and I think it’s time to make a change. I think we can do better, in fact, we will do better.”

Peña told the TV station he had no conversations with Whitmire about the retirement. He could not be reached for comment Friday morning.

Peña, who has led the department since 2016, will be replaced by Tom Muñoz, who currently leads both the city’s Office of Emergency Management and Public Safety and Homeland Security office.

“Chief Muñoz is a strong leader dedicated to preparing and protecting Houstonians for emergencies,” Whitmire wrote in a Friday news release. “I believe he is the best emergency management coordinator in the country. He is experienced, knowledgeable, and widely respected. I have worked alongside him during the flooding in Kingwood, the derecho, Hurricane Beryl, and the winter freeze. I am confident that Chief Muñoz is the best person to lead the City’s fire department at this time.”

Muñoz called Whitmire a “no-nonsense leader who has supported our firefighters since day one.”

“I am committed to taking care of the residents of Houston, which must begin with taking care of the men and women of the Houston Fire Department,” Muñoz wrote in a Friday news release. “The work we do today will have a lasting impact for years to come, and I know that with this administration, we can improve the safety of all residents and future generations.”

The Houston Landing reported it as a firing. I’m sure the story will be gotten straight at some point. Either way, it is the Mayor’s prerogative to install the department heads they want, and the writing was on the wall regarding Chief Peña given the union’s dislike of him. New Chief Muñoz seems like a strong candidate and I’m sure he’ll do a good job. I wish him the best in the new gig, and I wish former Chief Peña all the best with whatever comes next. For more on the new chief see here, and for the reaction to the exit of the former chief see here.

Posted in Local politics | Tagged , , , , , | 6 Comments

Memorial service information for Rep. Sheila Jackson Lee

From the Chronicle.

Monday: Jackson Lee will lie in state from 9 a.m. to 7 p.m. at Houston City Hall, making the late congresswoman the second person to receive this honor. The first was Dr. Michael DeBakey, a heart surgeon, who died in 2008. Jackson Lee’s family will be at City Hall for a brief ceremony with Mayor John Whitmire and City Council members.

Tuesday: A viewing and remembrance event at God’s Grace Community Church, 9944 W. Montgomery Rd., Houston, from 4 p.m. to 8 p.m.

Wednesday: A viewing event at Wheeler Avenue Baptist Church, 3826 Wheeler Ave., Houston, from 11 a.m. to 3p.m., and a community farewell and appreciation service, from 3 p.m. to 8 p.m.

Thursday: A celebration of life service at Fallbrook Church, 12512 Walters Rd, Houston, at 11 a.m.

All events will be live-streamed, according to the announcement.

I hope all events are well attended.

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