“Wrongful death” anti-abortion lawsuit dropped

Good.

A Texas man who sued three women for allegedly helping his ex-wife obtain a medication abortion, one of the first and most explosive lawsuits after Texas began banning the procedure, has dropped his claims, according to defendants.

The wrongful death case, which had the potential to open up new avenues to target those accused of “aiding or abetting” abortions, was set for trial on Monday in Galveston County.

Elizabeth Myers, who represented defendants Jackie Noyola and Amy Carpenter, declined to specify the terms of the dismissal. Noyola and Carpenter, in their first public statements on the case in two years, called the claims “meritless” and said they had simply been trying to help free their friend from an abusive relationship.

“While we are grateful that this fraudulent case is finally over, we are angry for ourselves and others who have been terrorized for the simple act of supporting a friend who is facing abuse,” Noyola said. “No one should ever have to fear punishment, criminalization, or a lengthy court battle for helping someone they care about.”

[…]

In the complaint, Silva said he learned that his ex-wife terminated the pregnancy after the Supreme Court overturned Roe v. Wade and Texas’ abortion ban went into effect. Silva accused the three women of helping her obtain abortion pills and convincing her to conceal their “murderous actions” from him.

Silva and his wife divorced in February 2023 and have two other children, according to the suit. He was seeking more than $1 million in damages. The suit was not filed under Senate Bill 8, Mitchell’s brainchild, which allows private citizens to sue those who aid and abet an abortion for at least $10,000, but rather alleged a wrongful death of his child.

Two of the women targeted by the lawsuit later countersued Silva, claiming he was a “serial emotional abuser” who was seeking revenge on his ex-wife’s friends for helping her escape a toxic relationship. They claimed Silva broke the law by searching the ex-wife’s phone without her consent and accessing her text messages with them.

They argued Silva knew about the abortion from those messages and from finding an abortion pill when secretly rifling through her purse but did not bring it up to her until two weeks later.

“He wasn’t interested in stopping her from terminating a possible pregnancy,” their lawyers wrote in the filing. “Instead, he wanted to obtain evidence he could use against her if she refused to stay under his control, which is precisely what he tried to do.”

They were seeking unspecified damages and legal fees.

Silva’s ex-wife, who was not a defendant in the case, described the suit in court filings as the “latest abusive tactic in a long line of steps he has taken to harass and control” her. She alleged that he was using the suit to extort her to sleep with him and perform his household chores despite their divorce.

She said Silva had also threatened to post a sex video of her on her employer’s website and send it to her family and friends, a tactic often referred to as “revenge pornography,” illegal in most states including Texas. Transcripts of audio recordings of their conversations are detailed in the suit.

Myers had argued this “improper purpose” was enough reason to dismiss the suit.

Silva suffered a major setback in the case in June when the Texas Supreme Court left in place a state appeals court ruling that allowed the ex-wife to withhold information and documents requested by his attorneys regarding the alleged abortion. The appeals court concluded that her compliance with such an order could imperil her Fifth Amendment right against self-incrimination.

In a concurring opinion, Justices Jimmy Blacklock and Justice Devine, two of the all-Republican court’s most conservative judges, went out of their way to mention in a footnote that Silva had been “engaged in disgracefully vicious harassment and intimidation.”

“I can imagine no legitimate excuse for Marcus’s behavior as reflected in this record, many of the details of which are not fit for reproduction in a judicial opinion,” the opinion penned by Blacklock read.

Mitchell had sought to delay the trial while the court considered his motion to compel the three women to divulge records as well, but Galveston County Judge Lonnie Cox denied him on both matters Monday. All three had also planned to invoke the Fifth Amendment.

Joanna Grossman, a law professor at Southern Methodist University who specializes in legal issues affecting women, said Silva’s case was never legally viable because a wrongful death must result from some kind of wrongdoing.

Texas law bars physicians from performing all abortions except those to save the mother’s life and major bodily functions, but it does not create any legal liability for the pregnant patient, regardless of what abortion method they use.

See here and here for the background. “Mitchell” is of course top-level forced birth zealot Jonathan Mitchell; he and fellow forced birther Rep. Briscoe Cain brought forth this suit before deciding to, um, abort it. I see nothing to indicate that the countersuit has been or will be dropped, and I hope that Noyola and Carpenter’s attorneys pursue it to the ends of the earth. This was straight up bullshit from the beginning, intended to further intimidate and terrorize anyone who has ever had, contemplated, or supported a friend who has had or contemplated an abortion. Once again I say, if you needed a vivid reminder of the stakes in this election, here you go. The Trib and The 19th have more.

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Fifth Circuit hears drag ban appeal

Hope for the best as always.

Obviously a pervert

A Fifth Circuit panel grappled with questions of free speech and expression on Wednesday as it deliberated whether to uphold a lower court’s ruling that a Texas law dealing with sexually explicit performances and children is unconstitutional.

The September 2023 ruling by U.S. District Court Judge David Hittner found that Senate Bill 12, which creates criminal and civil penalties for those who perform or host sexually explicit shows in front of minors, could “virtually ban any performance in public,” including drag shows.

“It is not unreasonable to read SB 12 and conclude that activities such as cheerleading, live theater, and other common public occurrences could possibly become a civil or criminal violation of SB 12,” he wrote in a 56-page order.

It is not clear how quickly the three-judge panel of the New Orleans-based Fifth Circuit Court of Appeals will decide the appeal. During a one-hour hearing on Wednesday, the judges peppered attorneys with questions.

Judge Kurt Englehardt, appointed to the bench in 2001 by former President George W. Bush, inquired how SB 12 differs from existing obscenity laws that aim to protect children from indecent material.

“We’ve always had age protections on performances or material that’s been considered of sexually adult nature,” he said, using examples like the Motion Picture Association of America’s rating system and how in most jurisdictions minors are not allowed in adult bookstores.

Brian Klosterboer, a staff attorney for the ACLU of Texas, said while those laws have exceptions for works that are deemed to hold artistic and scientific value, SB 12 carries no such exceptions.

“This law has none of those guardrails,” Klosterboer said.

In district court proceedings, a great deal of attention was paid to the phrase “prurient interest in sex.” The phrase has its roots in obscenity law and was used in Senate Bill 12 to define what constitutes a sexually explicit performance.

Hittner said in his order that the phrase is not clearly defined and could be open to interpretation. Judge James Dennis, who was appointed to the Fifth Circuit in 1995 by former President Bill Clinton, appeared to side with Hittner on Wednesday.

“If prurient interest is not defined in the statute, that means the statute could have many, many different meanings to many different people,” Dennis said.

William Cole, deputy solicitor general with the Texas Attorney General’s Office, disagreed with Dennis and said jury instructions would suffice in clearing up any confusion around the phrase’s definition.

“I think it’s well established that prurient interest has survived multiple vagueness challenges across the years from three-quarters of a century,” Cole said. “It’s a word that finds its genesis in Supreme Court case law going back to Roth. For this court to hold that it is vague would, I think, have serious knock-on effects in other areas of law like the criminal law, obscenity prosecutions and child prosecutions where that is a common term.”

Brian Klosterboer, a staff attorney for the ACLU of Texas, said SB 12 does not distinguish a child’s age and would conceivably treat an older teenager the same as it would a younger child.

“We don’t even know whose prurient interest we’re talking about,” Klosterboer said.

[…]

In his ruling, Hittner agreed with arguments made by lawyers for the LGBTQ+ organizations that language related to “accessories and prosthetics” targets drag performers.

“This language goes beyond mere content-based discrimination because it is now directed at the specific act of impersonating or exaggerating a sex other than the one a performer is assigned,” Hittner wrote. “Additionally, the court cannot ignore the legislative history and public statements by legislators purporting that SB 12 is at least in part a ban on drag shows.”

See here for the previous update. Judge Hittner was a Reagan appointee, so not a flaming liberal. I didn’t get a sense from this story if the three-judge panel leaned one way or the other. May not matter in that if they uphold the ruling, the state may ask for an en banc hearing before the inevitable appeal to SCOTUS. At least it doesn’t seem like it went badly. With the Fifth Circuit, that’s about all you can hope for.

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HISD cornucopia

Too much news, too little time, so a-rounding up we go…

Houston coalitions hold dueling press conferences to support, oppose HISD’s $4.4B school bond

HISD parents, Houston’s NAACP branch, the Houston Federation of Teachers, the Texas Gulf Coast Area Labor Federation and the Harris County Democratic and Republican Party spoke out against the bond, while Children at Risk, the Houston Food Bank, the Center for School Behavioral Health and the Boys & Girls Clubs of Greater Houston spoke in favor.

HISD’s bond proposes spending $2 billion for rebuilding and renovating schools and $1.35 billion for lead abatement, security upgrades, and heating, ventilation and air-conditioning improvements. It would also provide $1 billion to expand pre-K, build three new career and technical education centers and make technology upgrades without raising taxes.

HISD “has not sought a bond in 12 years, and conditions at too many schools do not meet current safety and health standards,” the district said in a statement. “HISD is proposing these investments — which will impact 273 schools in every neighborhood in the district — to make sure all students can learn in safe, healthy and effective learning environments.”

[…]

Bond supporters said Houston voters should look past the politics of state-appointed district leadership and vote in favor of the bond address long-standing issues that would improve student well-being and academic success.

“We’re going to be recruiting a superintendent, we’re going to be electing a new board and we’re going to be bringing them to Houston … and we want to make sure that we have our ducks in a row in terms of our infrastructure,” Children at Risk CEO Robert Sanborn said. “When I think about this, I think first and foremost, this is about the future of our children. … We know that kids need better facilities. They need better schools.”

Opponents said that while they support increased funding for public education, they believe voters should reject this bond due to a lack of trust in Miles and his administration, concerns over future financial accountability, and the state’s replacement of the elected school board with appointees in June 2023.

“We call upon the state government, Gov. Abbott, to end the TEA occupation of HISD and allow the restoration of a democratically elected school board to return to HISD immediately,” said Hany Khalil, director of the Texas Gulf Coast Area Labor Federation. “Once we have that in place, we will have, once again, trust in our school district, and we will then support a bond.”

You know where I stand on this. I will refer you once again to my interviews with Plácido Gómez and Dani Hernandez for the HISD bond, and Ruth Kravetz of CVPE against the HISD bond. I do not think this bond has the support to pass. I will be very interested to see if there is any (real) polling on this, and what the Chronicle’s endorsement is.

Parents fear curriculum changes as HISD puts elementary school principal on leave

The abrupt administrative leave of Harvard Elementary School’s principal has catalyzed parents’ concerns for protecting the school’s teachers and course offerings, including its International Baccalaureate curriculum.

Harvard families received a Monday evening message that principal Shelby Calabrese was on leave pending investigation — effective that day. Assistant principal Alejandra Perez would step into the role. It was unclear how long the leave or investigation would last.

Houston ISD cited board policy in its message that principals can be put on administrative leave by their direct supervisor or Superintendent for poor performance, absenteeism, or misconduct without specifying which applied to the principal.

Parents said the change in leadership spurred existing anxiety around HISD encroaching on the school’s choice of teaching methods and curriculum, as the district rapidly overhauls schools at the discretion of state-appointed Superintendent Mike Miles. Calabrese’s administrative leave intensified a larger concern whether the district will allow the school to teach the International Baccalaureate (IB) curriculum, which parents say is rooted in inquiry, being a well-rounded citizen, and critical thinking.

“We understand that sometimes employees need to be placed on leave, and that sometimes, very often, when they’re placed on leave, it’s for legitimate reasons,” parent Josh Brodbeck said. “And so, if that’s what’s happening here, we get it and we understand. But we’re very suspicious and concerned about the circumstances surrounding the sudden leave that Dr. C was placed on.”

[…]

Harvard was a B-rated school by the district’s own calculations of accountability ratings for 2024. A-through-F accountability ratings are determined by a school’s performance in student achievement; the school’s progress in academic growth and performance relative to other schools; and “closing the gaps” between student groups. (The Texas Education Agency’s release of official accountability ratings are on pause, under an injunction.)

Because of its rating, Harvard also has what HISD calls “Level 3 autonomy” according to a framework determined and enforced by HISD — this means that the school has the freedom to make decisions on programs, curriculum, and how it delivers instruction, for example. Harvard is a science, technology, engineering and math magnet and longtime IB school.

Central Division Superintendent Luz Martinez wrote in a Thursday email to families that Harvard is not a candidate for Miles’ reforms because of its B rating.

“Harvard did slip from an ‘A’ in 2023 to a ‘B’ in 2024, primarily because of students’ math scores,” Martinez wrote. “Also based on Harvard’s 2024 student achievement results there is 30% achievement gap between white and Hispanic students. We all want to see your students achieve their full potential, so HISD has provided increased instructional support, including coaching to help raise student math scores and close achievement gaps. The district fully supports continuous instructional improvement within Harvard’s IB program. There are no plans to eliminate it, while raising achievement.”

Harvard chose a list of curricular resources that teachers have the autonomy to use inside the IB framework, Martinez wrote.

“The six transdisciplinary IB themes guide teachers in designing units that usually last several weeks. These practices will continue,” she wrote, with a timeline for Harvard’s IB recertification.

Despite the autonomy level, parents are hearing of changes in the classroom from their children more in line with Miles’ New Education System (NES), which includes the use of timers in classes, frequent “Demonstrations of Learning” checks and quizzes, and a district-set curriculum largely made up of presentation slides and worksheets.

Parent Kristin Blomquist told the board of managers Thursday she hopes Calabrese will return, and the bigger issue is teachers are held to NES standards.

“We’ve had observers come in to grade staff based on the New Education System, which Harvard inherently is not, and receive low scores and are reprimanded for upholding the IB curriculum,” she said. “We are not NES. We are IB, and it’s creating confusion for educators and children and creates fear-based changes to learning in our high-performing schools.”

Parents’ vigilance toward district edicts ramped up after Miles’ visit to the campus, on Sept. 5 according to records. Brodbeck said one of his students started to see timers implemented in class after that visit.

“It feels to us like there is an attempt being made to backdoor it (NES curriculum and requirements) into a high-performing school like ours, and taking advantage of the fact that those are high-performing kids to, again, make some kind of political point. And we were assured that we were protected from NES,” Brodbeck said, noting his use of the word “protected” was intentional because Harvard parents feel the test-focused NES curriculum would be destructive to their children.

We know quite a few people whose kids went to Harvard. I was as surprised as anyone to hear this news – Harvard has always been a top performer and one of those schools that people buy houses in the Heights to get zoned to. If HISD and Mike Miles think they need to tinker with what Harvard is doing, they have definitely lost the plot. And while this is kind of a side issue in terms of the overall HISD drama, I highlighted this story so I could also highlight this one, about the Thursday night Board of Managers meeting, which drew a number of Harvard parents.

Harvard parents are furious, calling any aspects of the NES program with its “rote learning” the complete opposite of IB which they maintain encourages creative thinking.

“As a Harvard parent, I’m here because I’m concerned about the future of the IB program. The IB program is the reason we decided to send our son to Harvard and it truly is what makes Harvard a special school,” said parent Bridget Kushiyama. “While you say there are no plans to eliminate it, I worry about that because to be frank I do not trust a single one of you, especially Mike Miles.

“Although Harvard is not an NES school, teachers are required to implement the broad NES strategy. Not because they choose to but because they must in order to receive favorable observations. The IB curriculum nurtures and develops young students as caring, active participants in a lifelong journey of learning,” she said.

“In contrast. the NES model focuses on worksheets that lack critical thinking, relies on scripted lessons and prioritizes test scores only. Not the students.”

Parent Joanne Vest scoffed at the idea that lower math scores when the students were tested in January should have been used as a determinant of how well Harvard is educating its students.

“Have you forgotten there was no heat at school that day and only one functioning bathroom for over 600 students? Testing was not rescheduled and those students who showed up were told to put on their coats and gloves and test. Who could perform at A’s level in these conditions? This is not on Dr. C, this is on you. We are not fooled by your gaslighting and we will not give up.”

Jacob Margolin, another parent, started by saying that obviously he would not support the bond “until we have an elected and accountable school board. It’s basic Finance 101. You don’t give money to people who are unaccountable unless you want that money to be squandered.

“The people of Houston see what you’re doing. We see you manipulating the school grading system so that NES schools forced into a curriculum that resembles daily test prep appear to excel while all the other schools are forbidden from preparing their students for tests. We see you disappearing principals that defend their school’s teacher and records. We see you leveraging money to those who kowtow to your agenda and punishing those who don’t.”

Every one of these parents should be an easy Yes vote for the bonds. They are instead passionate opponents of them, because of Mike Miles. This is why I don’t believe the bonds will pass. You reap what you sow. More on that meeting here.

HISD’s Board of Managers names 13 people to bond oversight committee. Here’s who made the list.

Houston ISD’s state-appointed Board of Managers named 13 people and two alternates Friday to the committee that will oversee the district’s $4.4 billion school bond if voters approve the measure next month.

After more than three hours in closed session, the board named a group of people who represent “fields of law, finance, accounting, construction, engineering, government, education, edtech and energy” to the committee. All members are HISD residents, and six of them are past, current or future HISD parents, according to the district.

The Bond Oversight Committee will be responsible for monitoring progress of bond projects, providing regular updates to district leaders, communicating allegations of wrongdoing, potential waste or fraud to the superintendent and other oversight duties related to the bond.

Here’s the list of Houston residents selected to join the committee, listed alphabetically by first name:

I recognize two of the names offhand: Chris Brown, former Houston City Controller, and Wendell Robbins, who ran for HCC Trustee a few years ago (of course I interviewed him; that’s why I recognized his name). I’m sure they’re a fine group; I doubt anyone’s vote will be affected by them.

HISD’s school board approved Mike Miles’ first annual evaluation. How would you rate his performance?

Houston ISD’s Board of Managers approved state-appointed Superintendent Mike Miles’ first evaluation during their monthly board meeting Friday after hours of meeting in closed session.

Miles’ initial contract states that the board is responsible for assessing his annual performance every year by Sept. 1 based on his job duties and the board’s goals and priorities. The contract states that the board will hold the evaluation in closed session unless Miles and the board agree to hold it publicly.

The evaluation passed without discussion in an 8-1 vote, with board member Adam Rivon as the sole member to vote against the motion.

Alex Elizondo, HISD’s chief of public affairs and communications, said the evaluation is confidential and will not be released publicly, but Miles did qualify for an additional performance incentive pay based on the results and an amendment to his contract.

The incentive payment will be finalized in November, which is when HISD will release the total payment Miles was eligible for and the actual amount he received, Elizondo said. Miles currently earns an annual salary of $380,000, according to his contract.

The district did not include the template rubric for Miles’ evaluation in the board agenda, but it was provided to the Chronicle upon request. Unlike the initial contract, the rubric states that the board will conduct Miles’ evaluation on or before Oct. 15.

An amendment to Miles’ contract states that 60 percent of his evaluation is based on whether he met four specific student outcome goals and honored all three constraints that the board set in November, while the remaining 40 percent is based on how he scored on an executive leadership and vision rubric.

You can read the rest of the rubric if you want. Let’s just say that I would have been a No vote.

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Saint Arnold gives a boost to the Beer Can House

Nice.

The Houston Beer Can House, one of the city’s most famous and beloved artistic landmarks, will now have free admissions and expanded hours thanks to a partnership with Saint Arnold Brewing Company.

Located in the Rice Military neighborhood, John Milkovisch created the Beer Can House as a way to avoid chores rather than a grand artistic statement. The exterior is covered in roughly 50,000 crushed beer cans, most of which Milkovisch drank himself. It houses several sculptures and currently serves as an art gallery space.

The bright Houston sun refracts off the aluminum, turning the entire thing into a glimmering artifact that has brought in visitors from all over the world.

“Saint Arnold is proud to be a part of The Beer Can House’s continued evolution,” Saint Arnold founder Brock Wagner said in a statement. “As Texas’ oldest craft brewery, we take pride in supporting our local community and helping to make Houston a fun and exciting place to live and visit. I’d like to think that should Saint Arnold have been around during John Milkovisch’s time, he’d have used some of our cans to create his masterpiece.”

Tours and visits will be available Wednesday through Sunday from 10 am – 4 pm. In addition, the house will host special programming throughout the year, starting with a Block Party on October 12.

The Orange Show Center for Visionary Art bought the building in 2001 for $200,000, and it has been a part of the Houston art scene ever since. Some experts argue whether the building should be considered folk art or tramp art. Either way, it is a unique building that feels distinctly Houston.

“The Beer Can House is not only an internationally-recognized art environment – sparking curiosity and joy with each visitor it welcomes — but it also tells the story of Houston’s growth and our innate desire to create without abandon,” added Jack Massing, executive director of the Orange Show Center for Visionary Art. “For over 15 years, our preservation efforts with The Beer Can House have been simply about maintaining the structure and the grounds. Through this new partnership with Saint Arnold Brewing Company, we are looking forward to focusing more attention on enhancing the visitor experience while offering regular community events and rotating art exhibitions, all free and open to the public five days a week.”

If you’ve never seen the Beer Can House, it’s worth a trip. It’s on the short list of Things That Make Houston Uniquely What It Is. The one caution, which is mentioned on the Orange Show’s page for the House, is that parking is very limited. They recommend rideshare or riding your bike, but let me add another option: There are three Metro bus lines that will drop you off within a half mile or so of the BCH – the #20 on Memorial (the closest), the #85 on Washington (a frequent route), and the #27 on Durham/Shepherd (disembark at Feagan). Admission is free, you can afford the bus fare. There’s some events being planned for the future, so keep an eye on this. And thanks to Saint Arnold for stepping up and keeping this institution available to the public.

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Some finance and fundraising bits

Colin Allred keeps raking it in.

Colin Allred

U.S. Rep. Colin Allred raised $30.3 million for his Senate campaign in the third quarter of the year, outpacing U.S. Sen. Ted Cruz’s haul over the same three-month period, according to figures announced by both campaigns.

Cruz, the Republican incumbent, raised more than $21 million across his three fundraising accounts, which include a leadership PAC that cannot spend directly on Cruz’s reelection and a joint fundraising committee that sends money to Cruz’s main campaign account and his leadership PAC.

The fundraising deficit is nothing new for Cruz, who has struggled to keep pace with Allred this cycle after being vastly outraised by 2018 Democratic challenger Beto O’Rourke. Before the latest fundraising quarter, Allred had raised $38 million to Cruz’s $23 million across their main campaign accounts. When including affiliated PACs, Allred held a narrower advantage: $41.2 million to Cruz’s $40 million.

Cruz closed out the quarter — which ran from the start of July through the end of September — with $16.2 million cash on hand across his three accounts, according to the GOP senator’s campaign. Allred’s campaign did not say how much cash he had in his accounts.

Allred’s $30 million haul is a massive sum, though short of the record $38 million O’Rourke raised in the third quarter of 2018. The Dallas Democrat has raised nearly $69 million since the start of the campaign, however, surpassing the $61 million O’Rourke had collected by the same point.

The two campaigns have combined to spend way more money than was spent in 2018, so you’re going to keep being inundated by ads as you try to watch the MLB playoffs or football on the weekend. Keep that remote handy. I’ll have a comprehensive roundup of the finance reports next week or so; the FEC reports pages aren’t usually up to date until the 15th of the month. In the meantime, Mother Jones ran its own “can Allred win?” article, similar in nature to the Trib story but with some different quotes.

On a side note, I love this pairing of Ted Cruz story headlines now on the Houston Chronicle homepage as I draft this:

Ted Cruz goes all in on transgender attack ads in his Senate race
With his Senate seat on the line, Ted Cruz is selling a softer side

That’s some “softer side”. Anyone who buys that idea is soft in the head.

The Trib looks at where the parties are spending their money in the few State House battlegrounds.

Gov. Greg Abbott and Republican political groups are pouring money into three Democrat-controlled state House districts in South Texas, giving the GOP a financial edge and raising the prospect that the party could widen its majority in the lower chamber.

Between early July and late September, the period covered by campaign finance reports released this week, Republicans massively outraised their Democratic opponents in the races to succeed retiring state Reps. Abel Herrero, D-Robstown, and Tracy King, D-Uvalde. And in House District 74, a sprawling border district that runs from El Paso to Eagle Pass, Democratic state Rep. Eddie Morales was outraised by GOP nominee Robert Garza, a former Del Rio mayor — though Morales, an Eagle Pass attorney, headed into the final stretch with significantly more cash on hand.

Across the three districts, Republican candidates raked in more than $1 million, dwarfing the $243,000 reported by their Democratic foes. Taken together, the fundraising suggests Republicans see an opening to make modest gains this fall across a House landscape where few seats are in play.

The lack of competition is by design: Republicans redrew the state’s political maps in 2021 to shore up incumbent districts where GOP support had eroded. Republicans control 86 of 150 seats in the Texas House. And while they face little danger of losing their majority, any gains in South Texas could offset losses elsewhere in the state — and help the GOP continue its push to make inroads in the historically Democratic region.

Democrats are going on offense themselves in several House districts across Texas, viewing a chance to flip a handful of GOP-controlled seats that Democrat Joe Biden would have carried over Republican Donald Trump in 2020 if the new boundaries had been in place then, according to Texas Legislative Council data. In most of those districts, too, Abbott and top GOP groups helped their targeted incumbents largely keep pace with a barrage of Democratic fundraising in the latest reporting period — with some exceptions.

Rep. King’s district is HD80; it’s the one Democratic-held district that was carried by Trump in 2020. If Don McLaughlin wins, Dems will need a fourth flip to maintain anti-voucher numbers. Rep. Eddie Morales’ HD74 was made a little bluer in the 2021 redistricting. Rep. Herrera’s HD34 is the bluest of the three districts and is being pursued by a former State Rep. I think those two are likely Dem, while HD80 is lean GOP.

The main Dem targets cited are ones we’re familiar with: HD112, with Averie Bishop, HD37 in Cameron County with Jonathan Gracia, and HD118 in Bexar County where Rep. John Lujan is a terrible father, among other things. Kristian Carranza is the Dem there. Both HDs 37 and 118 were carried by Biden in 2020, while HD112 was barely won by Trump. There’s also HD121, where moderate and anti-voucher Republican Rep. Steve Allison was ousted in the primary; the Republican nominee now is being backed by the usual consortium of evil billionaires. Laurel Swift is the Dem there, I’ll have an interview with her for next week. Control of the House is in Republican hands, but control over whether vouchers have a glide path to Greg Abbott’s desk is still up in the air.

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The 911 drones of Montgomery County

I’m kind of fascinated by this.

Drones could soon take on a new role in The Woodlands, responding to 911 calls ahead of first responders.

Leaders of the Montgomery County Sheriff’s Office see the drone pilot program as a way to beat traffic congestion and get to calls quicker, but critics such as the American Civil Liberties Union have raised privacy concerns about similar programs in other cities.

The use of drones isn’t new to Montgomery County, said Samuel Harrison, a specialist with the sheriff’s office. The agency uses them for search and rescue operations and to assist surrounding agencies, he said.

The Drones as First Responder program would expand on this use by providing a “cost efficient way” for the agency to get support in the sky and respond to 911 calls quicker as the county continues to grow.

Lt. Scott Spencer said Montgomery County’s fast growth poses a challenge for leaders and the general public when infrastructure doesn’t keep up with population.

“I think it’s been said many times before — as cops, we drive the same roads, we’re stuck in the same traffic, we’re having to deal with the same issues,” Spencer said. “Having a program like this gets us eyes without cops having to drive fast to be able to go to a scene.”

[…]

“This is about force multiplying,” Spencer said. “For years, the sheriff’s office has constantly implemented technological advancements that make us smarter, instead of working so hard…that’s a huge deal for us as we’re being tasked with more and more stuff. So, we’re using technology to help fill those voids.”

Privacy concerns have been raised about drone programs in law enforcement. In a 10-page letter published in 2023, American Civil Liberties Union Senior Policy Analyst Jay Stanley said these drone programs could lead to the public feeling more uneasy than “the sense of safety and well-being that people want to feel when they’re in their homes and communities.”

“The Constitution doesn’t normally permit warrantless surveillance where people have a ‘reasonable expectation of privacy,’ but abuses do occur, and when they do people naturally become paranoid,” Stanley wrote in his letter, giving examples of instances where people, in the privacy of their own homes, could be mistakenly seen as committing a crime.

Savannah Kumar, attorney for the ACLU of Texas, said the state group also has concerns about the drone program.

“We have previously raised serious privacy concerns about the Drones as First Responder program,” said Savannah Kumar, attorney for the ACLU of Texas. “These programs require careful scrutiny, as they tend to be costly gimmicks that waste resources, infringe on individual rights, and lead to concerning shifts in policing practices. Our communities deserve better than to have our tax dollars pay for unnecessary police machinery to spy on us from above. We need more transparency around this proposal, but the bottom line is that the police should not have this unchecked ability to monitor our every movement.”

When asked about privacy concerns in 2023, the Pearland Police Department told the Houston Chronicle that it based its policies for the drone program on legal precedents and would place restrictions on surveillance technology to only emergency-response situations.

As a transparency measure, the sheriff’s office keeps a log of when and where deputies operate a drone. However, the sheriff’s office did not immediately respond to questions about privacy issues or what the privacy policy would be for the new drone program.

There needs to be laws and regulations, at both the state and federal level, for drone usage by law enforcement agencies. What is and is not allowed, what records must be kept and made available to the public, best practices, and so on. Even if you trust in the best intentions of these police departments for some reason, they’re going to need the help figuring it out. That also means that the Justice Department needs to start tracking the usage of these drones and collecting data to understand what works and what doesn’t.

I can certainly see the case for deploying these things. They should be able to help determine when something is a real emergency, or conversely isn’t an urgent matter, when a situation calls for special equipment, and so on. Just as the feds should do some intense data work to help figure out how these things might best be used, the local cops using them ought to define some metrics for themselves, if only to justify the expense. Which isn’t very much right now, but you know how these things go.

And look, I think we can all see it coming that HPD and the Harris County Sheriff’s Office will be looking into these things. So, ideally, City Council and Commissioners Court and all of the local watchdogs will also pay attention to this. What might we want or not want out of this, if and when we start exploring it. Because we will – I can almost see the twinkle in Mayor Whitmire’s eye over this. Let’s not be surprised when this lands on our doorstep.

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Endorsement watch: The obvious choice in the special election

The Chron endorses Erica Lee Carter in the special election for CD18.

Erica Lee Carter

Erica Lee Carter isn’t her mother.

“I can never be that iconic,” she told the editorial board.

When her mother, the late U.S. Rep. Sheila Jackson Lee passed away this summer due to complications from pancreatic cancer, her death was marked by a series of services and memorials across the city, attended by presidents, adoring community members and even Stevie Wonder.

Between the waves of emotion and activity, Lee Carter, 44, said she couldn’t even consider what it might mean to fill her mother’s shoes — or at least she wasn’t answering the many calls asking her whether she’d put her name forward to fill the now empty seat representing a historic district.

From electing the South’s first Black congresswoman, Barbara Jordan, to Mickey Leland and Jackson Lee’s years in office, the solidly blue Congressional District 18 is special. Especially so this election when voters there will get to cast their ballot twice: once for a candidate to fill the remaining few months of Jackson Lee’s term and again for the new representative who will take the oath of office in January 2025.

Eventually, Carter Lee answered the call. She should be the one to finish out her mother’s final term.

Carter Lee is the only Democrat running in that race and the only candidate with elected experience, having served on the Harris County Board of Education. She said she will honor her mother’s role as a progressive politician and community leader.

“You’re getting someone with less direct experience in Congress and direct experience in life,” Lee Carter told us, “but you are getting someone as committed to the democratic process, to making sure the 18th Congressional District gets great constituent services, which my mother worked on vigorously, on immigration matters, our veterans,” and someone who believes, “it’s important to support President Biden, which my mother did to the end.”

With Lee Carter, we think the voters are getting the best candidate.

This was not a close call, as the other two candidates are more or less non-entities. She’s the only Democrat in this three-candidate race; no other Dems jumped in because she made the most sense. You can listen to my interview with her to see what she has in mind for this short-term gig. The Chron previously endorsed former Mayor Sylvester Turner in the general election for CD18.

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Dispatches from Dallas, October 11 edition

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

This week, in news from Dallas-Fort Worth: church scandals and a lot of them; election news; schools news; financial mismanagement details from Fair Park; mismanagement costs the city of Dallas a cricket tournament; a local newspaper pivots away from print; Indy Car racing coming to Arlington in 2026; a local museum opens a second campus; and more.

This week’s post was brought to you by the music of Duran Duran, because the Guardian had an article about their 20 greatest songs ranked, which is wrong because it omits their best song.

I’ve been meaning to write a post about the frankly bizarre string of pastoral malfeasance that’s been emerging in Metroplex churches this summer, but the New York Times beat me to it. These are not just tiny churches, but megachurches with national profiles like Gateway, which is one of the biggest churches in the Metroplex with more than 100,000 members. Most of the pastors on the WFAA list mentioned in the NYT article committed sexual improprieties and in a few cases, like Gateway, outright crimes, but as mentioned in the Dallas Observer’s follow-up on the NYT piece, one of the more recent cases involves domestic violence. The DMN’s article on the trend last month described the resignations and removals as the result of “moral failures”.

Gateway Church has been the center of these scandals: it came out that the founding pastor, Robert Morris, had improper relations with a “young lady” in the 1980s. Then it turned out that the so-called young lady was twelve when the improper relations started and he was already in the ministry. The latest from the DMN on the case is from the parents of Gateway founder Robert Morris’ victim, who deny that, as he claimed, they supported his return to the ministry.

Gateway’s Houston branch, which is run by Morris’ daughter and son-in-law, renamed itself Newlands Church; Morris’ son, who had been expected to follow his father as leader of Gateway next year when his father was supposed to retire, is starting his own church after he resigned from Gateway’s leadership team. Meanwhile, the mother church is dealing with not just Morris’ crime and the fallout, including a number of leadership resignations, but other suits like one alleging that the youth ministry ignored the grooming and assault of a teen member and another alleging the misuse of tithe money dedicated to missionary work. It’s not a new observation, but one you’ll find repeated several times in these links, but nondenominational megachurches have no safeguards at all, just the honesty or lack thereof in the leaders. It’s absolute power, and you know what they say about absolute power.

And in case you’ve forgotten another big problem about these megachurches and their unlimited power, here’s the pastor of Lake Pointe Church in Rowlett and Forney reminding us that they also dabble in politics, usually against Democrats. The article notes that the church has 20,000 members and the pastor has 340,000 Instagram followers, many of whom will have heard the pastor’s questionably-legal borderline-political commentary.

In other news:

  • This Texas Tribune story about flippable districts in the Legislature features several local races: Angie Chen Button v Averie Bishop in Richardson; Morgan Meyer v Elizabeth Ginsberg (my district); Ben Bumgarner v Michelle Beckley in Flower Mound; Mihaela Plesa v Steve Kinard in Collin County. The Richardson race comes in for extra focus because it’s big and showy and Dems keep chipping away at long-timer Chen Button’s numbers.
  • The Star-Telegram has a couple of items about the Senate election. First, former Republican Tarrant County Judge Glen Whitley, Tim O’Hare’s immediate predecessor, endorsed Colin Allred; he also endorsed Mike Collier. Second is a story about Allred and Cruz campaigning in Tarrant County. I had a hard time restraining my eyerolls at Cruz referring to Democrats as communists, but that’s par for the course and not surprising at any event including Tarrant GOP chair Bo French.
  • Texas Monthly has a profile of Dallas’ viral congresswoman, Jasmine Crockett.
  • You may remember a few weeks ago, Fox host Maria Bartiromo made claims that immigrants were lining up to register to vote in Tarrant County and Tarrant GOP Chair Bo French doubled down. The Star-Telegram also followed up on those accusations, and to nobody’s surprise, found there was nothing to them. Tarrant elections chief Clint Ludwig noted for this story that the double-voters presented by French were folks who had changed name or address, so I worry about his ability to stay in his job.
  • There’s a lawsuit brewing in Rowlett about whether a church should serve as an early voting center. Personally I’m in favor of moving voting out of churches, but I’m not in favor of threatening the church’s occupancy certificate to make it happen, as alleged in this case.
  • The Dallas Observer has its expected item on the mess that is the Dallas HERO charter amendments and why we should vote against them.
  • Denton is considering significant campaign finance reform for city elections.
  • A company that makes traffic cameras for the city of Fort Worth has been putting surveillance cameras for HOAs on city right of way without proper permits. Unsurprisingly, this is a big legal mess, both because of the privacy implications of who has access to the camera streams and because it may interfere with gas line access.
  • An investigation into Fair Park’s finances shows that the management company misallocated $5.7 million in donor funds, mostly by putting restricted funds into the general funds. The management group thinks they’ve been vindicated of mismanagement charges and is pointing fingers at Fair Park First. The DMN has more and explains some of the details.
  • The Texas Court of Criminal Appeals overturned the conviction of a Dallas man on Death Row in a shaken baby syndrome case. Andrew Roark’s conviction in 2000 was based on science now considered discredited. This is the same kind of case as Robert Roberson, whose execution date is next week.
  • Dallas City Council is all for fully funding DART, our local transit system, unlike many of our suburbs.
  • Fort Worth ISD has named its interim superintendent following the forced resignation of Angelica Ramsey. Karen Molinar served as interim superintendent before Ramsey’s hiring. This time she’s going for the job herself, which makes sense given she’s been tapped twice now. The Star-Telegram also has the story.
  • You may remember all the trouble Sherman ISD had around the musical Oklahoma! last fall: the trans student, the demand that all students play roles of their assigned gender, the investigation, the superintendent’s departure in May. The DMN got its hands on the third-party report and the whole thing was set off because the now-former superintendent was preventing “same sex kissing on stage”. If former superintendent Tyson Bennett’s job was a victim of the culture wars, it’s because he shot himself in the foot.
  • The Star-Telegram is pivoting to the news future, which they think is online. Starting last Sunday, they’re printing physical papers only on Wednesday, Friday, and Sunday. They’ll prepare an electronic edition every day but the printed paper is no longer sustainable. As a digital subscriber myself, I’m part of this trend, but it worries me even so.
  • I like some of the amenities of the Dallas suburbs (more on that in a bit) but stories like this make me realize I’d never want to live in most of them: a Flower Mound bakery featured Harris-Walz cookies and while they flew off the shelves, they also inspired harassment and even death threats. Apparently there’s a Facebook group for Flower Mound that’s all about making the lives of local businesses miserable if the Facebook folks don’t like their politics. Don’t these folks have something better to do?
  • The Sixty Strikes cricket event that’s being held in Richardson, at UT Dallas, this month was originally planned for Oak Cliff. Turns out that dysfunctional city bureaucracy bungled the development of the cricket pitch and the cricket folks moved to the burbs to get their event together on time.
  • Indy Car racing sponsored by the Rangers and the Cowboys zooming through the streets of Arlington in 2026. The 2 3/4 mile circuit will feature Globe Life Field and AT&T Stadium. More about the launch from the Dallas Observer and the Star-Telegram.
  • And the surburban amenity in Richardson, at UT Dallas, I’ve been waiting for: the second campus for the Crow Museum of Asian Art opened last month. I’ve been a big fan of the tiny downtown museum near the Dallas Museum of Art and the Nasher for years now, and I’m hoping to visit the new, much larger, museum in Richardson later this month to see more of the collection. Note that the Crow in the museum’s name is Trammel, father of Harlan, whom you know in these pages from Six Degrees of Clarence Thomas.
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Of course Ted Cruz doesn’t want to talk about abortion

He has nothing good to say and he’s trying not to lose. Simple as that.

Not Ted Cruz

U.S. Sen. Ted Cruz has been a loud anti-abortion crusader throughout his political career.

But as reproductive rights loom over the election season as a key issue for voters, Cruz is uncharacteristically quiet.

The Texas Republican, running for a third term in the Senate, is locked in a tight race against U.S. Sen. Colin Allred, D-Dallas, who has made restoring access to abortion and blaming Cruz for the toppling of Roe v. Wade central to his campaign.

This past week, Allred’s campaign, boosted by an influx of cash from Senate Democrats, began airing an ad on TV and streaming platforms across the state that blasted Cruz for his anti-abortion record.

Texas has banned almost all abortions — including in cases of rape and incest — since Roe was overturned. Since then, Cruz has been more careful about how he engages on the topic. He has repeatedly called abortion a state issue, while offering more vocal support for in vitro fertilization.

Cruz, through a spokesperson, declined a request for an interview. The Texas Tribune reached out to his campaign eight times over six weeks to ask about his positions, posing nine initial questions via email and several follow ups on topics ranging from his past support for a national abortion ban to how he squares his belief in fetal personhood with his support for IVF — a process which routinely involves the disposal of fertilized embryos.

Cruz’s campaign did not respond directly to questions, instead providing links to previous statements he had made on the topic in other interviews. Those statements did not address several specific questions.

You have to respect the effort. The Trib spends the rest of the story going over individual pieces of legislation and rhetorical items and how they all fit into the bigger picture, but really it all comes down to one basic truth: Ted Cruz will never vote for a bill that will make abortion access more readily available, and he will never vote against a bill that makes abortion access more restrictive. It’s just not any more complicated than that.

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The data centers of Medina County

Interesting story.

When Suzanne and Anthony Stinson married in 1980, they moved to a pioneer-built house outside of Castroville and raised their children on land that had been in his family since the 1840s.

Back then, “it was all country out that way. You’d have to sit there for a while before a car would go by,” she said.

But after neighbors sold their land to Microsoft for what the Stinsons say was tens of thousands of dollars an acre, the couple now copes with dust and noise coming from the adjacent site where a data center has been under construction since 2022. The contractor put up plastic sheeting, at their request, and the couple planted a row of trees.

“It’s sad because they’re taking out agricultural production for cloud space, for computer data,” she said. “You just wonder, why do we need all this?”

In a county known more for farms that yield corn, cotton and hay than high-tech server farms, Microsoft is doubling down on the already massive data center.

As the construction site expands, so does the number of such facilities in rural Medina County forcing residents there to reckon with a kind of growth they never expected.

[…]

Microsoft owns at least 12 parcels of land in Medina County, according to tax records. Many are contiguous parcels and all are located in the eastern part of the county.

The combination of cheap, available land and abundant energy resources is attracting companies like Microsoft to build data centers in the county, said Medina County Judge Keith Lutz.

SAT82 also qualified for a 15-year, 80% property tax abatement from the county, he said. Even with the tax abatement, data centers can generate revenue that’s equivalent in property taxes to almost 900 residential rooftops, Lutz added.

The state also offers tax breaks to qualifying data centers, including a temporary sales tax exemption and other incentives.

Officials welcome the development of giant server farms in the face of a population boom in the county.

“We have a tremendous amount of growth going on in this county — people growth — and with that growth comes a lot of challenges, lots of infrastructure [needs] … that we’re going to have to accomplish that are way bigger than just what the county citizens can handle,” Lutz said.

Medina County has a population of about 51,000, according to the 2022 American Community Survey. In the dozen years leading up to that survey, the county’s population increased 11 out of 12 years, with an average annual growth rate of 1.3%.

The largest annual population increase was 2.7% between 2020 and 2021, and the following year, the population grew again by 1.93%.

This influx is occurring in a county where there are 2,200 farms still family-owned, according to the 2022 U.S. Census of Agriculture, and 2020 census data shows 84% of the population resides in a rural area.

“Sheer panic” is how Castroville Mayor Darrin Schroeder described the city’s reaction to the approaching sprawl from San Antonio and the development that’s occurring as landowners sell off their farms.

“We’ve had this influx of growth,” he said of residential and commercial projects already in progress in the city and adjacent to its borders. “The current development agreements have tripled the size of the city [and that’s] just with the ones that we’ve already nailed down. And we still have many more to go.”

I’ve talked a bit about Medina County, which has been on my radar as a small-but-growing red county next to a large blue urban county. Medina voted 69% for Trump in 2020, though that represented just under 23K total votes. But places like Medina, and there are a lot of them, go a long way towards cancelling out the Democratic growth in the big urban areas. We have to pay attention to them and figure out a strategy for blunting their impact.

Reading this story made me think about the recent cryptomining noise articles. Like this, the building boom was taking place in a small, dark red, exurban county, whose residents were none too pleased with the changes. The big difference is that the data centers are actually useful, and as this story noted Microsoft is actually a pretty good steward of energy resources and the environment. Opposing the cryptominers is both a political opportunity for Democrats and objectively beneficial, while opposing the data centers feels to me like NIMBYism to no good end.

That said, while wannabe legislators and statewide Dems could get involved against the cryptominers, it’s candidates for local office in Medina County who might explore ways to soften the blow of data center expansion in their neighborhoods. A path forward is less obvious to me, but I have no doubt something worthwhile exists. I’m just putting it out there as something to think about. I’ve no doubt other counties like Medina are facing similar issues.

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Latest lawsuit against Deshaun Watson gets settled

That was quick.

The latest sexual assault lawsuit against former Texans quarterback Deshaun Watson has been settled less than a month after being filed.

Houston attorney Tony Buzbee on Monday night confirmed the settlement to Pro Football Talk and the Associated Press

“We have now resolved our client’s claim with Deshaun Watson,” Buzbee told the NBC-affiliated website. “The settlement is confidential.”

The lawsuit was the latest claim of assault made against the Cleveland Browns quarterback, who played in Houston from 2017 to 2021. He had previously settled dozens of lawsuits filed by other women who said he assaulted them while he played from the Texans.

[…]

At least two other lawsuits against Watson are still pending. One of those lawsuits, filed in 2022, is scheduled for a hearing later this month, according to Harris County District Court records.

See here for the previous update. One of the two remaining active lawsuits is a Buzbee lawsuit, but not the one that has the hearing this month. I hope this client feels like she got something resembling justice out of this. The Athletic has more.

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Texas blog roundup for the week of October 7

I thought the rules were that this Texas Progressive Alliance roundup would not be fact-checked. Not that we had anything to worry about.

Continue reading

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Interview with Rhonda Hart

Rhonda Hart

From the Railroad Commission to Congress today, where we meet a candidate that I specifically wanted to meet. I wrote about Rhonda Hart after she announced her candidacy in CD14, a red district with a truly awful incumbent (yes, even by Texas standards) in part because of her compelling story. Her 14-year-old daughter was murdered in the mass shooting at Santa Fe High School in 2018, and like many such parents before her she has been working tirelessly to improve our nation’s excessively lax gun laws. She actually managed to get a bill named for her daughter through Congress, one that would put some requirements on safe storage for guns in the home, but it did not pass the Senate. That still gives her a better record for passing legislation than the incumbent. She’s also a military veteran and the kind of person with grace and humility that we ought to want more of in Congress. Listen here and see for yourself:

PREVIOUSLY:

Erica Lee Carter, CD18 special election
Sylvester Turner, CD18 general election
Lindsay London, Amarillo Reproductive Freedom Alliance
Plácido Gómez and Dani Hernandez, for the HISD bond
Ruth Kravetz of CVPE, against the HISD bond.
Katie Shumway, League of Women Voters Houston
Teneshia Hudspeth, Harris County Clerk
Katherine Culbert, Texas Railroad Commission

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The “Can Allred win?” question

At least we’re asking the question. Usually, we don’t even get that.

Colin Allred

Democrats are closing the gap in their uphill campaign to unseat U.S. Sen. Ted Cruz, with polls showing improvement for Democratic U.S. Rep. Colin Allred and national Democrats’ spending in the race a month ahead of Election Day.

For the first time this race, Allred pulled ahead of Cruz in a statewide poll last month, and he continues to poll within a margin of error with Cruz. National Democrats announced Texas would be included in a multi-million-dollar ad buy last week. Allred is consistently outraising Cruz, bringing in more than $1 million in a day twice in the third quarter.

Allred has also built a bipartisan coalition, securing the support of both his party’s left-wing bigwigs and prominent Republicans who have soured on Cruz. This week, U.S. Sen. Bernie Sanders and U.S. Rep. Alexandria Ocasio-Cortez both encouraged voters in Texas to turnout for Allred. Former U.S. Reps. Liz Cheney and Adam Kinzinger, who both were on the House committee investigating the Jan. 6 Capitol attack, have endorsed Allred.

Independent race ratings groups have taken notice. Cook Political Report shifted its rating for the race from “Likely Republican” to “Lean Republican” on Tuesday. Inside Elections shifted its rating from “Likely Republican” to “Lean Republican” last week.

“Allred’s unique coalition of voters, the resources and work of his campaign, and Cruz’s weaknesses all put the Texas Senate race in play,” Allred campaign manager Paige Hutchinson wrote in a memo Tuesday. “There is more work to do as we continue sharing Allred’s message, mobilizing our supporters and reminding voters what they don’t like about Cruz – but the Allred campaign is entering the final weeks of the race in the strongest possible position to secure victory.”

Allred still has a challenge ahead of him. He is running against one of Republicans’ best known and best funded candidates in a state that hasn’t elected a Democrat into statewide office in more than 20 years. Cruz is one of the most adored candidates among Texas conservatives along with Gov. Greg Abbott, while Allred has had to battle his low name recognition outside of Dallas all cycle.

And at the top of the ticket, former President Donald Trump continues to poll ahead of Vice President Kamala Harris in Texas. That could give down-ballot Republicans a leg up, though Allred has higher approval in the state than Harris and has strategically kept the presidential campaign at a distance.

[…]

Cruz’s campaign has been able to lean on the dominance of conservatism in the state. The state voted for Trump with a margin of more than 5 points in 2020. The Harris campaign is not viewing Texas as a battleground this cycle, focusing instead on more easily attainable swing states.

Cruz’s attacks on Allred have portrayed the congressman as aligned with the most progressive wings of the party, noting he has voted faithfully with his party’s leadership when it was in the majority, though Allred is running as a moderate Democrat.

But as demographics in the state shift with a growing moderate, diverse and suburban population, both candidates are making plays for the center. Cruz launched a group of Democrats for Cruz in the spring, and Allred announced a coalition of Republicans for Allred with Kinzinger on Wednesday.

“They’re calling it the Kamala effect,” O’Rourke said last week during a campaign stop with Second Gentleman Doug Emhoff. “Young people are getting registered to vote in record numbers.”

Since O’Rourke’s near victory in 2018, Republicans have won by larger margins in statewide races, including by nearly 10 points in the 2020 race between Sen. John Cornyn and Democrat MJ Hegar. O’Rourke lost his 2022 gubernatorial race against Abbott by 11 points.

As far as Republicans for Allred goes, you can add this:

Glenn Whitley is the kind of old school business-friendly Republican that used to be ubiquitous in Texas but are now largely relics. I don’t know how many votes this moves – people like Whitley have for the most part either fully consumed the Trump kool-aid or they’re already Democrats – but the more Whitleys out there saying they’re voting for Harris and Allred, the more potential there is for others to follow their lead. You can see some more of the crew that Rep. Kinziger brought along here.

The comparison of Beto’s result in 2018 to Dem results in other years is valid but limited. All those results, including Beto in 2018, were affected in part by the greater national atmosphere. 2018 was a Democratic year, 2020 was more neutral, 2022 was (at least in Texas) more of a Republican year. I think 2024 is somewhere between 2018 and 2020, but it’s hard to say which one it’s closer to.

The poll numbers, which are the basis for stories like this and the ratings change in the race, are cautiously encouraging, but there’s still just that one poll that shows Allred in the lead, and then only by one point, 45-44. Allred as noted has consistently outperformed Kamala Harris in the Texas polls, which allows for the possibility of him squeaking out a win while Trump still carries the state. I remain skeptical of that, as there’s two elections’ worth of evidence that Trump is the low performer among Republicans, but this is a weird year. This scenario still depends on Harris running a close enough race in Texas. I think she’s on track to do better than Biden did in 2020, but she’d probably need to get close to 48 percent for Allred to have a strong chance; this is on the assumption that the third party candidates will have a more minimal effect at the Presidential level.

It’s easy to get tangled up in the what-ifs, so let me sum up a bit. Yes, I think Allred has a fighting chance. I’d feel better about that if there were more polls showing him with a lead and/or more polls showing Kamala Harris within at most three points of Trump. I’d feel better about it if the Harris campaign were in on trying to win Texas, I’d feel better about if if the DSCC had been involved earlier, and I’d feel better if there were more legislative pickup opportunities with more visible campaigns for them. This is the hand we’ve been dealt, and the fact that Allred is competitive despite the lack of complementary positive factors is encouraging in its own way. I can’t get my hopes up too much, but I do have some hope. I hope that’s good enough.

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We’re not cutting our way out of this

A preview of today’s budget debate from the Houston Landing.

Four city council members are proposing a 5 percent increase in Houston’s property tax rate they say would enable the city to avoid $86 million in spending cuts and bring in enough revenue to cover $40 million in cleanup costs left by the May derecho and Hurricane Beryl.

The increase, pitched by At-Large Councilmembers Sally Alcorn and Leticia Plummer, District H Councilmember Mario Castillo and District I Councilmember Joaquin Martinez, is one of two proposed rates on next week’s council agenda.

Mayor John Whitmire is proposing to keep the tax rate at its current level of 51.9 cents per $100 of assessed value.

The rate being pushed by the four council members is 55.2 cents per $100 of assessed value.

The difference between the two proposals for the owner of a home valued at $300,000 with a standard 20 percent homestead exemption is about $78.

The proposals come less than a week after City Controller Chris Hollins warned officials to develop a plan to raise revenue or risk a downgrade in the city’s overall credit rating.

Hollins said Friday he recommended the city publicize a plan to create a structurally balanced budget.

“This means cutting costs, bringing in more revenue, or some combination of both,” Hollins said in a statement. “We also need to ensure that we are maintaining our reserves at levels comparable to those of other major cities. These reserves are critical when unexpected emergencies like Hurricane Beryl or the derecho storm impact Houston and the City has to quickly respond.”

See here for more on what Controller Hollins had to say. Before we go on, a brief reminder about the state of our city property taxes.

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

So thanks to the stupid revenue cap, every year except one for the last decade we have cut the property tax rate, whether that made fiscal sense and we could afford to do so or not. As has been documented many times including very recently, all of this promiscuous tax cutting has cost the city over $2 billion in revenue. Call me crazy, but we would be in a much stronger financial position right now if the city had taken in that revenue instead. And even with all that, this modest increase would still leave the tax rate substantially lower than it was in 2014 when the cut-a-palooza began. Truly, I have no idea why this is so controversial.

But never mind, Ernst and Young will save us.

The council members’ proposal comes as city leaders fast approach an Oct. 28 deadline to raise the taxes. Proponents of an increase have cautioned potential impacts to city services, but critics say the city could stand to make more cuts before hiking taxes.

Alcorn said the issue at hand wasn’t a matter of either rooting out waste or raising the taxes.

“It’s not a matter of this or that,” Alcorn said. “It’s this and that.”

Alcorn said she understands and respects where the mayor’s coming from with cutting waste, but she also believes something needs to be done to bring in more revenue to the city.

“When you’re in the hole, you’ve got to stop digging,” Alcorn said Monday evening.

Financially, Houston is up against a $230 million deficit, Alcorn said. Expenses still left to pay include a $1.5 billion settlement Whitmire secured for Houston’s firefighters union after an eight-year contract stalemate. The city may also need to add $100 million a year to street and drainage projects should an appellate court reject the city’s appeal in a longstanding lawsuit.

Houston has historically been unable to raise its tax rate because of state and local revenue caps. But the disaster declarations for the May derecho and Hurricane Beryl unlocked a gap in those laws that allow the city to raise its taxes for disaster recovery purposes.

Finance director Melissa Dubowski told council members during a September Budget and Fiscal Affairs Committee meeting the city had incurred $211 million in damage from Beryl and the derecho. While the federal government is supposed to foot a majority of that bill, the city will be on the hook for around $53 million – $40 million of which will come from the city’s general fund.

The disasters and issues surrounding staffing shortages at the Houston Police Department signaled to Alcorn the tax hike needed to come forward.

A tax hike after extreme weather isn’t unprecedented.

City leaders have voted to raise its tax rate three times in the last decade after disasters – once following the Memorial Day flood in 2015, again after the Tax Day flood in 2016 and again after Tropical Storm Imelda in 2019, Alcorn said.

As Whitmire hammers on going after government waste, two studies are currently in the works to help weed it out – one audit by Houston-based consulting company Ernst & Young and another approved this past May that looks into Solid Waste’s operations.

The Ernst & Young study is supposed to be completed in the next week, Whitmire’s spokesperson Mary Benton said. She did not provide a timeline for the results of the Solid Waste study. The council on Wednesday will also vote to expand the Ernst study to look into the city’s Tax Increment Reinvestment Zones, or TIRZs.

Plummer worries about potential cuts in the Solid Waste, Parks and Recreation and Library departments, which are are all already struggling. Parks and Recreation’s budget alone for the year is more than $89 million, while the libraries’ budget hovers at more than $51 million.

But the reality of how any potential cuts to government services would play out is unclear, Alcorn said. Should the city keep its tax rate the same, $86 million in cuts would need to be made to the city’s budget. Where those cuts would happen haven’t been decided.

“I just don’t know how the City of Houston is going to be able to survive if we do not (raise taxes),” Plummer said Monday.

I’ll go on record now and say that we will get nowhere near the amount of cuts we would need to make the budget work from these audits. I’d be shocked if we got enough to just cover the cost of the derecho and Beryl. I’m sure there are some savings to be had, but once you take out HPD and HFD, which are not being audited and which couldn’t be cut even if we wanted to (and quite clearly we do not) and debt service, there’s just not that much left unless you want to start eliminating entire departments. And while it probably makes sense to combine things like parks and libraries with Harris County, there needs to be a proposal on the table to do that and it needs to make sense from the county’s perspective as well. If anything like that is in the works, I’m not aware of it.

I’m old enough to remember when “cutting waste, fraud, and abuse” was going to be Ronald Reagan’s golden ticket to balancing the federal budget. We know how that turned out. We’re way past the point of needing to recognize that the city has a revenue problem. This year gives us a unique opportunity to address it, at least for the short term. We’ve done this in the past. To not do it now is just irresponsible. There’s no other way to describe it.

UPDATE: A different path emerges.

The city of Houston likely will keep its existing property tax rate after receiving notice Wednesday that the state will deliver $50 million in disaster relief funds to southeast Texas communities affected by the May derecho and Hurricane Beryl.

The announcement by the governor’s office prompted a quartet of City Council members to withdraw their proposal to raise the city’s property tax rate 5 percent to avoid a pending deficit that is expected to be worsened by storm cleanup costs.

Mayor John Whitmire said he spoke with Texas Gov. Greg Abbott last week in Austin, resulting in a state contribution of $50 million for debris removal.

The governor’s announcement states the $50 million will be spread among several southeast Texas communities. Houston’s share was unknown Wednesday, a mayoral spokesperson said.

Assuming this is a fair distribution and not an HGAC-like screw job, this should be sufficient to at least cover the storm damages. Not sure why it took so long for this to happen, but better late than never.

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

Judicial Q&A: Justice Julie Countiss

(Note: As I have done in past elections, I am continuing the series of Q&As for judicial candidates in contested November elections. I am running these responses in the order that I receive them from the candidates. Much more information about Democratic candidates who are on the ballot in Harris County, including links to the interviews and judicial Q&As done for March and for November, can be found on Erik Manning’s spreadsheet.

Justice Julie Countiss

1. Who are you and in which court do you preside?

Justice Julie Countiss, Court of Appeals for the First District of Texas, Place 7

2. What kind of cases does this court hear?

This court hears appeals from all of the district courts in our 10-county district. I hear criminal cases and civil cases.

Within those categories are cases involving probate, family law, personal injury, governmental liability, contracts, parental rights, property rights and more.

3. What have been your main accomplishments during your time on this bench?

My chambers has consistently been a high-producing chambers. Each term, we have complied with the clearance rate metrics to keep my docket timely and moving forward.
In 2023 I was named the Appellate Justice of the Year by the Texas Association of Trial and Appellate Specialists. This is a non partisan group of board-certified attorneys who specialize in the types of civil cases our court hears.

4. What do you hope to accomplish in your courtroom going forward?

My top three priorities are:
1) meet my deadlines to issue cases timely
2) provide strong mentorship and networking opportunities for my spring/summer interns
3) continue the work of Color of Justice, my service on the Texas Children’s Commission and my work serving on HBA committees.

To address these I must continue to uplift my support staff and work in a timely and organized manner making sure to manage my time closley. I also have to stay out there in the community attending events and being accessible.

5. Why is this race important?

Our intermediate appellate courts in Texas, like the First Court of Appeals where I serve, are usually the last chance parties have for justice. Our decisions affect the life, liberty and property of the parties involved and set precedent for similar cases in our district.
We are an important check and balance for the Texas legislature.

6. Why should people vote for you in November?

As the incumbent and having served on this bench for five years, I now have extensive experience in appellate practice. There is no meaingful reason to replace me with a new, untested candidate. Each term, I am a high-producing judge and my docket moves forward smoothly. Our court works as a team to meet our court-wide clearance rate
each term and we haven’t had any backlogs at the First Court of Appeals in the five years I’ve been at the court.

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

SCOTUS leaves Texas anti-EMTALA ruling in place

Another reminder of what the stakes are this election, in case you needed it.

The Supreme Court on Monday refused to require doctors in Texas to perform certain emergency abortions when the procedure would conflict with the state’s strict abortion ban.

The justices left in place a lower-court ruling that rejected the Biden administration’s claim that federal law requires access to emergency abortion care even in states that restrict the procedure.

As is common when the court refuses to review a lower court decision, the order — issued on the first day of the Supreme Court’s new term — did not explain the justices’ reasoning. There were no noted dissents.

The court’s action comes just months after the justices intervened in a similar case in Idaho and reflects continued fallout and confusion from its decision in 2022 to overturn Roe v. Wade and eliminate the nationwide right to abortion after nearly 50 years.

In the Idaho case, the justices in June temporarily cleared the way for emergency room doctors to terminate pregnancies without being subject to prosecution under that state’s abortion ban. At the time, abortion rights groups and medical experts called the Idaho decision a preliminary victory that did not settle the broader question of whether a federal emergency-care law preempts strict state abortion bans.

In both Idaho and Texas, the Biden administration has asserted that the federal law — the Emergency Medical Treatment and Labor Act — mandates emergency abortion care when it is the only treatment that can save a pregnant woman’s life or prevent serious harm to her health, including conditions short of death such as organ failure or loss of fertility.

[…]

Solicitor General Elizabeth B. Prelogar had urged the Supreme Court to get rid of the 5th Circuit decision in light of its action in the Idaho case. Defending the administration’s position, she said a separate decision from the Texas Supreme has led state officials to disclaim any conflict between the Texas law and the federal interpretation of EMTALA. Prelogar said a lower court would probably find that there was no longer any live controversy to resolve.

Texas Attorney General Ken Paxton had asked the justices to leave the 5th Circuit ruling in place and drew a distinction between the abortion bans in Idaho and Texas. The Texas law, he said, allows for abortion when necessary to prevent a serious risk of “substantial impairment of a major bodily function.”

In both Texas and Idaho, however, the medical exceptions included in abortion bans are vague, using language that has left doctors unsure of how sick a woman must be before they can legally terminate a pregnancy.

“Given that neither exception is particularly clear, and the interpretation is ongoing, it’s not really obvious how different they are,” said Mary Ziegler, a law professor at the University of California Davis who specializes in abortion issues.

By refusing to consider the Texas case, months after sending the Idaho case back to lower courts, the Supreme Court has left all options open for future rulings on emergency abortions, Ziegler said.

“It’s just as likely that Idaho will win in a big way as it is that the Biden administration will win,” she said. “All of these outcomes are on the table.”

Alexis McGill Johnson, president of Planned Parenthood Federation of America, responded to the court’s action by saying the justices had for a second time this year “punted on clarifying that existing federal law applies to everyone, including those who are pregnant.”

“Pregnant people must be able to obtain the emergency care they need in hospital emergency rooms — which includes abortions, regardless of a state’s abortion ban,” she said.

See here, here, here, and here for some background. The original EMTALA ruling in Texas was for a restraining order, so my presumption here is that SCOTUS is saying they’re not going to change anything until the case has been fully litigated and presumably appealed back up to them. Which is similar to what they did in Idaho except that the initial court ruling there was to enforce EMTALA. As usual, we get the short end of the stick. It will be when this all comes back to SCOTUS in, I don’t know, another year or two, that we see who wins. As Professor Ziegler says, all possibilities remain on the table. CBS News, NBC News, the Associated Press, TPM, and Reform Austin have more.

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One out of three will have to do for now

The Chron endorses two Supreme Court incumbents and one Democratic challenger. I’m going to focus on that one.

Christine Weems

Campaign donations came in from all over the country, and at first Christine Vinh Weems didn’t know why. The Democrat running for a spot on the Texas Supreme Court filed her papers to run as soon as the application process opened in December.

“It took me a second to realize what was happening,” Weems told us. “What was happening in December was Kate Cox.”

You may recall that Cox became national news after she asked Texas courts to clarify whether the medical exception in the state’s abortion ban would apply to her. She’d recently learned that her expected baby had a fatal genetic condition. Carrying the pregnancy to term could have endangered her health and her ability to have kids in the future.

The all-Republican Texas Supreme Court blocked a lower court’s order that would have allowed Cox to have an abortion. She obtained one in another state. Other Texas women have had to wait until their bodies go into sepsis before doctors, afraid of severe criminal and civil penalties, have been willing to perform abortions to save their lives. In Zurawski v. Texas, a unanimous decision by the court did not provide many of the clarifications women sought.

We’ve repeatedly expressed exasperation over the failure of the Legislature, courts and Texas Medical Board to protect the lives of pregnant women — and we considered the Texas Supreme Court’s rulings on abortion in making the following endorsements. Yet, most cases before this court don’t have to do with hot-button issues. It hears appeals in civil cases such as medical malpractice settlements and disputes over property. We put a premium on integrity, competence and relevant experience, and often endorse candidates with whom we disagree on specific issues.

[…]

Place 4: Christine Vinh Weems, Democrat

The Republican incumbent in this race, John Devine, really is an activist and ideologue masquerading as a judge. In the primary, he narrowly beat out a principled conservative with experience as an appellate judge. We hope enough Republican voters are willing to put integrity above party in the general election.

Devine, 65, did not meet with us. He also routinely misses oral arguments so he can tour Texas to make the sorts of partisan speeches that judicial codes of ethics discourage. Judges ought to approach cases with an open mind, not with their fist jammed on the scales of justice. Another no-no are conflicts of interest, or even the appearance of one. That’s essential to maintaining the trust of the public, but Devine didn’t recuse himself from a sex abuse case the Texas Supreme Court heard against former Southern Baptist Convention leader Paul Pressler, even though Devine worked at Pressler’s law firm at the time the alleged abuse occurred. He’s bragged about being arrested at anti-abortion protests and gained notoriety for putting up a painting of the Ten Commandments in his courtroom. For voters who may agree with his belief that the concept of church-state separation is a “myth,” we ask you to consider whether his conduct matches your deeply held values.

The Democratic candidate, Christine Vinh Weems, 48, is a district court judge in Harris County who hears civil cases. In the Houston Bar Association judicial evaluation she received high marks, and she manages her docket efficiently. Her family fled Vietnam, and she would be the first Asian American elected at a statewide level in Texas. We wish that Weems had more experience in appellate law, but her temperament and experience as a judge will serve her well.

Devine not only violates basic codes of judicial conduct, he’s not showing up for work. We urge Democrats and Republicans to vote for Weems.

In a better world, Devine would never have won an election, but that’s not the world we’re in. I personally think it’s fine to elevate abortion access as an issue in these races and thus support the three Democrats running, if only to send a message and maybe add a bit of viewpoint diversity to the Court. But if for some reason you can only vote for one Democratic Supreme Court candidate, make it Christine Weems so we can get John Devine out of there. By any measure, the Court would be a much better place.

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

Interview with Katherine Culbert

Katherine Culbert

Every two years we have an election for Railroad Commissioner, which means that every two years we get a batch of articles explaining how the Railroad Commission has nothing to do with railroads or trains. It’s about energy and regulating the oil and gas industry in Texas, which the Commission and its three Republican members would rather not do. This election’s candidate to change that is Katherine Culbert, who has plenty of knowledge of the industry thanks to her career as a process safety engineer. Among other things, the RRC has oversight on pipelines, which we all became a little more aware of after that deadly crash and massive fireball in the Deer Park/La Porte area. That was one of many things Katherine Culbert and I talked about, which you can listen to here:

We’re getting close to the start of early voting and I’m getting close to the end of this interview series. I still have a few more for you, so stay tuned and as always let me know what you think.

PREVIOUSLY:

Erica Lee Carter, CD18 special election
Sylvester Turner, CD18 general election
Lindsay London, Amarillo Reproductive Freedom Alliance
Plácido Gómez and Dani Hernandez, for the HISD bond
Ruth Kravetz of CVPE, against the HISD bond.
Katie Shumway, League of Women Voters Houston
Teneshia Hudspeth, Harris County Clerk

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

The cost of the HISD bond

I feel like this would be getting less attention if it weren’t for Mike Miles.

Houston ISD’s $4.4 billion school bond would add an estimated $8.9 billion in debt for the district over more than 30 years if approved by voters in November, according to the election order.

As required by state law, the HISD Board of Managers approved an order on Aug. 8 calling for the school bond election during the upcoming general election. The document includes the ballot language, proposed bond projects and the district’s annual, preliminary projected debt obligations through 2058 if either or both of the propositions in the bond measure pass.

The bond proposes allocating about $2 billion for rebuilding and renovating schools and $1.35 billion for lead abatement, security upgrades, and heating, ventilation and air-conditioning improvements. It would also provide $1 billion to expand pre-K, build three new career and technical education centers and make technology upgrades without raising taxes.

It will be split into two propositions on the ballot that people can vote on separately. Proposition A would allocate $3.96 billion for school building renovations and expansions, including safety and security infrastructure, while Proposition B would allocate $440 million for technology equipment, systems and infrastructure.

Along with the listed cost on the ballot, the election order states that Proposition A will include more than $4.4 billion in estimated interest for the debt obligations, which would equal a combined cost of nearly $8.4 billion. Proposition B would add $89 million in interest payments in addition to the $440 million principal payment, with an estimated total cost of $529 million.

In total, if the bond passes, the principal costs of both measures would be about $4.4 billion, while the total estimated additional interest will be $4.5 billion.

According to the election order, HISD would have a debt service of approximately $2 billion through 2043, independent of the bond election results. The two bond propositions, if passed, would add more than $8.9 billion in debt through 2058 — increasing HISD’s total debt service to more than $10.9 billion, according to district estimates.

The projections are based on several assumptions, including a 30-year term for the four bond issues in 2025, 2026, 2027 and 2028. It also assumes a state-mandated $100,000 homestead exemption, a 5.5% interest rate on the debt and the availability of the Permanent School Fund Guarantee for all debt obligations.

“If the foregoing assumptions are met, the district does not anticipate the need for a tax rate increase to pay debt service on bonds issued pursuant to Proposition A,” the election order said. “Therefore, the estimated maximum annual increase in the amount of taxes imposed on a residence homestead to repay the debt obligations, if approved, is expected to be $0.”

Several HISD parents, teachers and other community members have expressed opposition to the bond due to a lack of trust in state-appointed Superintendent Mike Miles, concerns over transparency and accountability and the total cost of the bond measure, which would be the largest in state history if passed. Leaders of the Harris County Republican and Democratic party, HISD’s largest teachers union and the Houston NAACP are among the groups urging residents to vote against both propositions.

“Internal HISD documents reveal that with interest the bond will actually cost nearly $9 billion, more than double the $4.4 billion the district has claimed publicly,” said Zeph Capo, president of the Texas American Federation of Teachers. “Houston families don’t want to spend 30 years paying off this debt as appraisals rise and our taxes inevitably go up.”

I don’t care for this line of attack on the bonds. I don’t know what the exact conditions were for the previous bonds that we passed in 1998 and 2002 and 2007 and 2012, but I would expect that they were similar in nature – bonds are paid back with interest, interest compounds, and that results in a significant increase in the total amount paid. Take a look at your mortgage or car note sometime and see how much the overall amount paid will be if you just make the regular monthly payments. The numbers will vary and would be less if the interest rate were lower, but the basic math is the same.

And that’s why I don’t care for this. At some point, assuming as I do that this referendum will go down, we will want to pass a bond, as we have done every few years in the past and as so many of the current opponents have voted for before. Everyone agrees a bond is needed, the issue is with this one and that issue is Mike Miles. Why make it harder to do when you want to do it? The reason to oppose this bond issuance if one chooses to do so is because we don’t trust Mike Miles. I don’t see why it needs to be more complicated than that.

And again, if you are undecided on this bond or just want to know what people are saying about it, listen to my interviews with Plácido Gómez and Dani Hernandez for the HISD bond, and Ruth Kravetz of CVPE against it. I hope that helps.

Posted in Election 2024, School days | Tagged , , , , , , | 18 Comments

Art Car Museum to get a new home

A very pleasant surprise.

Six months ago, Houston’s Art Car Museum rolled out the news that it would shutter at the end of April. But now, plans are revving up to not only keep it open, but give it a brand new home – one where its delightful quirkiness will find a kindred spirit in strangeness.

A $1.25 million gift from the Harithas Family through the South Texas Charitable Foundation will give the recently closed museum a new home on the Orange Show Center for Visionary Art’s soon-to-be-redeveloped campus, located at the intersection of two of Houston’s most culturally significant neighborhoods, the Third Ward and the East End. The gift will ensure a permanent space celebrating art cars.

Visitors can expect rotating exhibitions of mobile masterpieces designed by local, national, and international artists, as well as the personal art car collection of Ann Harithas, who founded the Art Car Museum in 1998 with her husband, Jim. Ann passed away in 2021. Jim followed in 2023 and the beloved museum was left to their heirs, son Thomas Pascal “Will” Robinson and daughters Madeline Merrill, Molly Kemp, and Stephanie Loeffler.

[…]

The family says the Orange Show is a perfect place to carry on the art car legacy.

“The Orange Show was built on a foundation of supporting artists from all walks of life, and encouraging anyone to explore their personal creativity,” said Robinson, who sits on the Orange Show Center’s board. “We couldn’t be happier to entrust the Orange Show with our mother’s legacy and continue allowing Houston and the world.”

No opening date has been set, but it’s likely to be years in the future. Back in 2021, the Orange Show announced a major expansion project, which included expanded exhibit space adjacent to the Orange Show Monument.

See here for the background. I completely agree that the Orange Show is the best place for a revamped Art Car Museum. The Orange Show has been an integral part of the Art Car Parade for decades. They’re as compatible a set as you’ll find. I look forward to the grand opening, whenever it will be.

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Weekend link dump for October 6

“Back in the Reagan era, Republicans made “neighborhood” a key component of their political vocabulary. But in Trump’s bizarrely dystopian rendering of cities, meaningful place-based ties either don’t exist or don’t matter. Democrats can take the term back, making it the centerpiece of a fresh progressive vision.”

“The FBI is warning timeshare owners to be wary of a prevalent telemarketing scam involving a violent Mexican drug cartel that tries to trick people into believing someone wants to buy their property. This is the story of a couple who recently lost more than $50,000 to an ongoing timeshare scam that spans at least two dozen phony escrow, title and realty firms.”

“Your Favorite Musician’s Favorite App Is About to Disappear“.

“I think we can all agree it’s time to reform the Supreme Court. As of today, I have the bill to do it.”

“Congress is wholly unprepared for a mass casualty event”.

Confessions of a (Former) Christian Nationalist“. A good and somewhat surprising read.

Don’t depend on Google image searches for your mushroom safety info right now.

“Here are 11 times Trump obeyed the extremist group behind Project 2025″.

RIP, Kris Kristofferson, singer and songwriter who penned “Me And Bobby McGee” among others, and actor who starred in A Star Is Born and many more.

RIP, Dikembe Mutombo, basketball Hall of Famer, humanitarian, star of an iconic Geico commercial. My wife overlapped with him for a year at Georgetown and always said he was a delightful person. Jonathan Feigen of the Chron has some nice words to say as well.

RIP, Pete Rose, famous baseball player. I’ll leave it at that.

“The 2024 Chicago White Sox now stand alone in baseball’s hall of futility — 121 losses and counting, a staggering total too extreme to completely grasp. It’s surreal. It’s jaw-dropping. And if it had not actually happened, you might think it was impossible.”

Four words: Golden Bachelor in Paradise. I’m all in, but honestly what I really want to see is a Gen X Bachelor season. Make it happen, ABC.

“A lifelong Republican who voted twice for Mr. Trump, Mr. McGregor said that he had never imagined that speaking up on behalf of his workers would imperil his family.”

Local radio stations have been a vital lifeline to the people trying to recover from Hurricane Helene.

RIP, John Amos, actor best known for Good Times and Roots.

RIP, Gavin Creel, Broadway actor who won a Tony for “Hello, Dolly!” in 2017.

“Internal Emails Reveal How Hate Overwhelmed Springfield After Trump’s Lies About Haitian Immigrants”.

“A man who for some reason smashed up a guitar with a hammer in Texas may have thought it had been signed by Taylor Swift — but it was not, in fact, an official Swift-certified guitar.”

“How polls have adjusted since 2016″.

“This report aims to increase awareness of the DPRK’s efforts to obtain employment as IT workers and shed light on their operational tactics for obtaining employment and maintaining access to corporate systems.”

“So in comes Melania—and with her, one of the most persistent storylines of the Trump era: Donald Trump may be an extremist but the women around him are supposedly a moderating force. His wife in particular, with her projected sense of mystery and speculation that she is the silent victim of an awful man, has served as a convenient vehicle for this narrative.”

At least three women are claiming to have had romantic relationships with Robert F. Kennedy Jr. in just the last year, as he pursued a long-shot bid for the presidency”. How did this guy even have the time to pretend to run for President? And how is this just coming out now?

“By some estimates, Spruce Pine accounted for 70 percent of the high-purity quartz needed to produce the pure silicon used to make most advanced chips, including those needed for AI. On top of that, a single company in Taiwan, TSMC, manufactures the majority of those chips. And now, the disaster in Spruce Pine is drawing attention to how fragile the global chip supply chain already is.”

“In a previous era, Special Prosecutor Jack Smith’s newly unsealed 165-page brief about whether Donald Trump is immune from prosecution would generate Watergate-level coverage. These days, though, the newly unsealed document detailing the former president’s frantic efforts to steal the 2020 election had already rolled off the top of the New York Times and Washington Post’s homepages by Thursday morning.”

WordPress drama. Just please don’t screw up the software, I cannot do another conversion.

Posted in Blog stuff | Tagged | 1 Comment

Maybe those Appraisal District elections weren’t such a hot idea

Thanks to Tarrant County for setting the bad example.

The Tarrant Appraisal District’s recent changes to local tax policy might violate Texas law, according to a state lawmaker.

“I don’t believe the actions they’ve taken are legal,” Sen. Paul Bettencourt, R-Houston, said at a Senate Committee on Finance hearing in early September.

Bettencourt is the architect behind a constitutional amendment that reshaped the way taxing districts are governed in Texas. The amendment approved by voters in November gave residents the power to elect some appraisal district board members for the first time in history. Now, the lawmaker is concerned about the legality of the Tarrant Appraisal District’s subsequent shift in direction, which included major changes to its reappraisal plan — and he’s not the only one.

The Texas Taxpayers and Research Association, which explores the tax and fiscal impacts of proposed legislation, published a report detailing the ways in which Tarrant’s actions could violate state law. The district’s actions, the report states, “raise concerns about equal and uniform taxation, the scope of a (board of directors’) legal authority, and the integrity of the property tax system” should other taxing entities follow in Tarrant’s steps.

But legal concerns haven’t stopped other county appraisal districts from doing just that. Several counties have followed the lead of the Tarrant Appraisal District by enacting changes to their reappraisal plans, including moving reappraisals to once every three years, requiring a new level of evidence to raise property values, and freezing values after a successful protest.

Such changes are a few examples of the way that appraisal districts across Texas are grappling with the unforeseen consequences of a paradigm shift in the way county appraisal district board members are selected. The May elections largely flew under the radar; in Tarrant, they attracted only 6% of registered voters, and turnout rates were far lower in many less populous counties.

Since then, newly elected board members have taken action to address statewide frustration with the property tax burden faced by homeowners. Residents who fear being taxed out of their homes have praised efforts to change reappraisal plans while school districts have derided them, arguing that changes to how properties are assessed will wreak havoc on school finances.

Brent South, chief appraiser for Hunt County and the legislative chair for the Texas Association of Appraisal Districts, said the association didn’t really know what to expect when voters first approved the new elected positions. The association has always taken the position that politics and appraisals don’t mix, and the elections represented a fresh injection of politics into the system.

“And so there was some concern,” he said. “You don’t know the sky is falling until the sky is falling, and while I’m not saying the sky is falling, appraisal is a science.”

South said messing with that science — which is mandated by Texas tax code — could spell trouble.

“If boards of directors are dictating that the appraisal district should no longer appraise at market value, it kind of creates a conflict with what we’re required to do and what the local boards are expecting to be done,” he said.

There’s a lot more, so read the rest. One aspect of this that this story covers but I don’t recall seeing anything about before all the elections was that the Bettencourt bill/amendment largely undoes a signature law from 1979 (called the “Peveto bill” after its author, then-Rep. Wayne Peveto) that created the central appraisal districts and was intended to de-politicize the appraisal process. I like to say that you can’t take the politics out of an inherently political thing, and one can certainly debate how successful the Peveto bill was by its own standards.

But however you look at it, the Bettencourt bill was a huge change from that, one that got basically no debate and no public information beforehand. What it did get was slates of candidates like the three who were elected in Tarrant County (the story also looks at Johnson County, which went further than Tarrant, and Bexar County, which was a lot more modest in its changes) who came in with an agenda and bulled their way through it. And now not only does even Paul freaking Bettencourt think they may have overdone it (thanks for your concern, dude!), but cities and school districts are worried about what it all will do to their finances going forward.

At least here in Harris County we narrowly avoided that fate, thank to Kathy Blueford-Daniels’ win in May. That will only hold if Annette Ramirez wins the Tax Assessor race in November, so don’t get complacent. Maybe Bettencourt will try to clean up his mess a little in the next session. There will be November elections for these positions going forward, though as far as I can tell they will still be conducted as non-partisan races, which will give the zealots some cover. Go read that story and see what we thankfully missed out on, this time. Next time, let’s try to give ourselves some more cushion. Reform Austin has more.

Posted in The great state of Texas | Tagged , , , , , , , , , , , , , | 2 Comments

The Ted Cruz Curse continues

Sorry, Astros fans.

The Ted Cruz curse strikes (no pun intended) again. Allegedly.

The Texas senator’s attendance at sporting events across the state is famously dreaded, for reasons beyond politics. His appearance at ballparks, football fields and basketball courts has been frequently associated with various Texas teams’ ensuing losses.

And the phenomenon seemingly continued this week, after Cruz was spotted at Minute Maid Park Tuesday and Wednesday for both games of the Houston Astros’ back-to-back losses, which put a quick end to the baseball team’s postseason.

The “Cruz curse” was also the basis for a social media ad last month by Rep. Colin Allred, D-Texas, who is running to unseat Cruz this November

“Sports fans from across Texas are suffering from the same affliction,” the commercial’s narrator says, going on to blame Cruz for major losses including the University of Texas football team’s defeat in January’s Sugar Bowl and the Houston Rockets’ dashed playoff dreams back in 2018.

“Want to win? Lose Cruz,” the 30-second video concludes.

I first noticed the Cruz Curse after that Longhorn loss in the Sugar Bowl. He was at Kyle Field this September when the Aggies lost to Notre Dame. I’m not sure what’s funnier, that this is a thing at all or that it transcends sports and teams. Sports fans are deeply superstitious and they carry grudges, so you’d think he might be a bit more circumspect about this sort of thing by now. But then, if he were blessed with self-awareness, he wouldn’t be Ted Cruz.

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Guest post: Cornyn Houston Office Protest Week 400

The following is a guest post from my friend and blogging colleague Neil Aquino, who has led and maintained a civil protest in front of the office of Sen. John Cornyn for nearly eight years. Today he celebrates a milestone for the efforts of all those who have participated. You can join with them at future events on any Tuesday.

Cornyn office protest

The John Cornyn Houston Office Protest will be at the corner of Memorial & Detering for its 400th week this Tuesday, October 8th, 11:30 AM -1 PM, 5300 Memorial Dr.

The Cornyn Houston Office Protest began in January, 2017 as one of a number of Tuesday protests at Republican Senate offices across the country after the election of Donald Trump. It is the only one remaining.

The Cornyn Protest estimates it has been watched by approximately 1200 HPD units. Things we’ve had thrown at us include lit cigars, batteries, potatoes, eggs and a softball. Earlier in 2024, the Protest secured a misdemeanor conviction against a man who had thrown eggs at the group from a moving car.

For all of that however, reactions from passers-by at our busy corner are each week strongly positive. Friendly honks and kind words are far more common than middle fingers. We have longtime supporters in motorists who expect to see us each Tuesday, and a social media presence that brings us followers from across Texas.

The bottom line of the Protest is for others to see people just like themselves willing to stand openly and confidently for democracy. We won’t be pushed out of public space by aggression. With clear threats from authoritarianism coming from the right, we must–in addition to voting–be ready to show up in any way required in the fights ahead.

Please join us Tuesday, October 8th to celebrate our 400th week of effective advocacy on Houston streets.

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

Eighteen million registered voters

Number go up.

Still the only voter ID anyone should need

Texas has been one of the nation’s fastest-growing states since the 1970s, but its voter rolls have at times been stagnant. From 2000 to 2012, the number of registered voters grew by 1.2 million. In only the last four years, the state has added that many voters and more, contributing to the state’s growing competitiveness.

One reason for the recent spike of nearly 1.4 million additional voters is that advocacy groups have learned to work efficiently within the state’s strict rules for registering new voters and have invested money and time in mass voter drives.

“No state makes it as difficult as Texas to register voters,” said Cristina Tzintzún Ramirez, the founder of Jolt who is now the executive director of a national voter registration group called NextGen America.

State Sen. Bryan Hughes, R-Mineola, said the state is only trying disincentivize cheating so voters have confidence that the process is fair.

“We hope when people see that the system is safe, they will be even more likely to participate,” he said.

[…]

In 2013, campaign operatives who previously worked for President Barack Obama launched a group called Battleground Texas. Their mission was to navigate the minefield of Texas voter registration laws to grow the voter rolls. Despite the barriers, Battleground Texas and other groups started to make headway in signing up voters. Other groups joined the effort over the coming years, including Jolt, The Lone Star Project and Be One Texas.

Tzintzún Ramirez said the focus now is on registering younger voters in Texas, between the ages of 18 to 35, who traditionally have some of the lowest registration rates.

“If we look at closing the registration and turnout gap we had to focus on young people,” she said.

[…]

At first Republican groups scoffed at the work of Battleground Texas and Jolt. But as the state’s voter registration has boomed and races have gotten closer, the GOP started responding more aggressively.

Going into 2020, a handful of GOP donors started a super PAC called Engage Texas with the goal of educating and registering Texas voters. The Republican Party of Texas also announced its own initiative called the Volunteer Management Project, which includes longtime Texas GOP strategist Karl Rove, aimed at getting potential Republican voters registered.

They use analytics programs to track people moving to Texas from other states to determine whether they were registered Republicans or voted in GOP primaries in other states. From there, volunteers mobilize to reach out to those potential voters to get them registered and make sure they turn out to vote.

Dave Carney, a top political advisor to Gov. Greg Abbott and Rick Perry before him, said it speaks to a new reality in Texas with a constantly changing electorate that looks different from one presidential election cycle to the next.

“Every campaign is a new campaign,” he said. “What you did last time has no impact on the future. If you want to sit on your past success, pretty soon you’re going to be lamenting the good old days.”

Sen. Hughes’ words are transparently self-serving bullshit, but that’s to be expected. Dave Carney is evil, but he understands the environment he’s in and has been making adjustments. Voter registration growth is a good thing, but that doesn’t mean it’s all to the benefit of one party.

This companion article gets into the numbers.

Texas has surpassed 18 million registered voters for the first time as an increasingly urban and diverse population reshapes the state’s political landscape and pushes the GOP to retool its decades-old playbook to keep a grip on the state.

The state’s voter registration rolls are expanding at a quicker pace than other fast-growing southern states like Florida, North Carolina and Georgia. And they’re surpassing the state’s population growth, a sign that more than just new Texans are signing up to vote.

Since U.S. Sen. Ted Cruz was last on the ballot in 2018 and narrowly won reelection by just 215,000 votes, Texas has added nearly 2.6 million voters — the size of Connecticut’s entire voting rolls.

There’s more, some of which will be quite familiar if you’ve been reading here for awhile, so read the rest. A bit of context here, in 2020 there were 11.3 million votes cast out of just under 17 million registered voters, for 66.7% turnout. With 18.4 million voters now, at that same turnout level there would be about 12.3 million votes cast. Assuming a couple hundred thousand for the minor candidates, the winner in this state will need about 6 million votes. That’s a heck of a lot, but do bear in mind that State Supreme Court Justice Jane Bland hit that number in 2020. Joe Biden got over 5.2 million, a nice achievement but a long way to go. Keep that 6 million mark in mind, and also keep in mind that it could easily be too low. There’s plenty of work to be done.

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ERCOT will connect to the US grid

How about that?

The power grid better known as the Texas Interconnection, operated by the Electric Reliability Council of Texas (ERCOT), is famous for being isolated from the other major U.S. grids. But that may soon finally change.

The Department of Energy (DOE) announced Thursday that it would provide up to $360 million in public funding to construct a 320-mile line connecting the ERCOT grid to power grids in the southeastern U.S. According to the DOE, the line, called the Southern Spirit, will be used to “enhance reliability and prevent outages” during potentially catastrophic weather events.

ERCOT’s grid, which can draw power from other grids but is otherwise contained in its own bubble, infamously failed in February 2021 during a significant freeze that gripped the entire Lone Star State. Also known as Winter Storm Uri, the freeze led to outages in 4.5 million homes across Texas.

The DOE said Thursday that the Southern Spirit line, which will run for 320 miles across Mississippi, Louisiana and Texas, will have a capacity of 3,000 megawatts (MW), enough to power a minimum of 600,000 homes. The DOE anticipates the project will create more than 850 construction jobs and 305 operations jobs.

“The U.S. transmission network is the backbone of our nation’s electricity system. Though our grid has served U.S. energy needs for more than a century, our country’s needs are changing,” U.S. Deputy Secretary of Energy David Turk said in a statement. “DOE’s approach to deploying near-term solutions and developing long-term planning tools will ensure our electric grid is more interconnected and resilient than ever before, while also supporting greater electricity demand.”

The $360 million investment to connect ERCOT to a major U.S. power grid is part of the Biden Administration’s Investing in America agenda. According to Thursday’s announcement, three other energy projects across the country will also receive funding, totaling $1.5 billion in all.

I think we all know the history here, so I’ll skip over that. There was a bill introduced earlier this year to connect ERCOT to the US grid, but that didn’t go anywhere. This was an offshoot of the Bipartisan Infrastructure Act, according to that DOE press release. I don’t know if ERCOT applied for this grant or if it was awarded by DOE based on objective criteria, but either way we’re getting it.

This story, kindly pointed out to me by Ginger, adds some details.

The projects, spanning multiple states, will add nearly 1,000 miles of new transmission lines and increase grid capacity by 7,100 megawatts (MW). They’ll boost grid reliability, lower energy costs, and support the clean energy transition.

The projects will improve transmission congestion and resilience, especially as the country faces more extreme weather events. By improving connections between regions and making it easier to access renewable energy sources like wind and solar, these projects will make energy more reliable and cost-effective. They’ll also generate nearly 9,000 jobs, supporting local economies in Louisiana, Maine, Mississippi, New Mexico, Oklahoma, and Texas.

In addition to the transmission projects, the DOE released its National Transmission Planning Study, which outlines a long-term vision for meeting future energy needs through 2050. The study highlights the need to double or triple transmission capacity from 2020 levels to ensure reliability and resilience as the energy landscape shifts toward renewables.

A breakdown of those projects is listed, which includes the Southern Sprit line. The story says it’s “designed to prevent outages like the ones during Winter Storm Uri”, which is great to hear. I don’t know whether ERCOT had a hand in bringing this about or if it was just presented to them, but either way it sounds great. Here’s hoping it gets built before that extra capacity is needed.

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PAC-12 adds Gonzaga, UTEP to MWC

Round and round they go.

The Pac-12 is adding Gonzaga as a member in all sports the school plays starting in July 2026, the conference announced Tuesday.

Gonzaga brings a rich basketball tradition to the refurbished Pac-12, as the Zags have reached the round of 16 of the men’s NCAA tournament nine consecutive times.

According to sources, talks intensified over the past three days. Gonzaga brings strong media value to the league from a basketball perspective, as it’s one of the sport’s top brands and most consistent winners. The Bulldogs have reached every men’s NCAA tournament that has been played since 1999 — a streak of 25 straight years.

Gonzaga has one of the country’s most respected men’s basketball coaches in Mark Few, who has been at the school since 2000, a run that includes a pair of Final Fours.

In a statement, West Coast Conference commissioner Stu Jackson said they had been notified of Gonzaga’s decision, saying Gonzaga had been a “valued member of the WCC for more than four decades.”

Gonzaga is the overhauled Pac-12’s eighth member, but it does not count as the league’s eighth full-time member, as the school doesn’t have football. The Pac-12 still needs to add another member to reach minimum conference thresholds.

The Zags’ press release is here. As it happens, one of my nieces is now a freshman at Gonzaga; her parents and my parents are there visiting for parents weekend. I’m sure this is a big topic of conversation for them – my folks in particular have been big fans of the basketball team for awhile. The Big XII had sniffed around them shortly after UT and OU left and the four other schools joined, but clearly that never developed. This move is unlikely to have any major domino effect, but as noted the PAC-12 is still on the lookout for another full member, so stay tuned.

And along those lines:

UTEP has officially joined the Mountain West Conference, the league announced Tuesday. The Miners will begin competition for all conference sports in the 2026-27 academic year.

UTEP, which had been in deep discussions with the Mountain West in recent days, alerted Conference USA officials of its intent to leave the league prior to Tuesday’s announcement, sources told ESPN.

UTEP was an obvious target for the Mountain West based on its location and the school’s athletic tradition across a variety of sports. The school gives the Mountain West a highly coveted addition in Texas as the league rebuilds after five schools announced they were leaving for the Pac-12.

“We are excited to welcome The University of Texas at El Paso to the Mountain West as the next step in our strategic membership initiatives,” Mountain West commissioner Gloria Nevarez said in a statement Tuesday. “The addition of UTEP restores historic rivalries with several of our member institutions within the geographic footprint and provides valuable exposure in the great State of Texas. We welcome and look forward to competing against the student-athletes of UTEP.”

The addition of UTEP gives the league seven full-time members — joining UNLV, San Jose State, Wyoming, Nevada, New Mexico and Air Force. The Mountain West needs to build to eight members to become a formal conference. (Hawaii remains a football-only member.)

The Miners’ press release is here. I wasn’t aware of any UTEP rumors – or at least, I didn’t blog about them – but this makes sense. They are geographically close and have a past history with several MWC schools. I liked being in the same conference as UTEP and was sad that they didn’t move to the AAC when Rice did. Just as well in retrospect as far as that’s concerned. This is also unlikely to cause a big chain reaction, but I’m sure what’s left of C-USA will be looking for a replacement. And as noted, the MWC still needs an eighth member, too.

Which brings me to the most gobsmacking paragraph I’ve read in awhile, and as someone who follows politics as closely as I do you know that’s a big thing to say:

The Mountain West has also issued a verbal offer to Texas State in recent days, according to sources. No clarity or timeline has emerged on Texas State’s decision. The Pac-12 has also expressed interest in Texas State, sources said.

I for one did not have Texas State, which for the record has only been an FBS school since 2012, being an object of desire for two different conferences on my bingo card. Congrats to the Bobcats for being the belle of the ball right now. We live in such interesting times.

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Dispatches from Dallas, October 5 edition

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

This week, in news from Dallas-Fort Worth, we have a grab bag. There’s election news; Texas stock exchange news, including the return of Governor Goodhair; Tarrant County tax and jail news; news about exonerated convicts in Texas and Dallas County; schools news; an update on the nuns in Arlington; some Fort Worth history; a zooborn complete with Instagram reel; and more.

This week’s post was brought to you by the music of David Byrne’s Women’s Month music playlist. He posts a new playlist at the beginning of every month to his mailing list. I don’t like everything he puts on his playlists, but I always feel like I learned something from listening to them, and I always find something I like. He posts Spotify links, Apple Music links, and puts it on his own website as well. Check it out!

There’s no single story dominating the news this week, so let’s jump right in:

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Republicans for Allred

I have three things to say about this.

Colin Allred

Since moving to The Woodlands about two years ago, former U.S. Rep. Adam Kinzinger — one of the most vocal GOP critics of Donald Trump — says he’s met several Texas Republicans who are just as uncomfortable with the direction of his party as him.

Now Kinzinger is trying to convince them to do the unthinkable and vote for a Democrat. Kinzinger is leading a group of Republicans supporting U.S. Rep. Colin Allred’s bid against U.S. Sen. Ted Cruz in one of the most hotly contested Senate races in the nation.

It is the latest effort by Kinzinger, who served on the House committee that investigated Jan. 6, to target Republicans involved in the effort to delay the certification of President Joe Biden’s election victory. Cruz was a key figure in the effort, objecting to Arizona’s electoral votes just before the mob breached the Capitol that day.

“When I talk to Republicans, I say, ‘Do you like where the GOP is now?’” Kinzinger said in an interview with Hearst Newspapers.

“There are some that do, and they’re going to vote for Ted Cruz,” he said. “But there are a lot that are embarrassed about where the Republican Party is that are holding onto this hope that, ‘Just after November, we’re going to wake up and come back to what we were.’ Well guess what, we’re not going to do that — particularly if Ted Cruz wins again, because he’s part of the reason we’re exactly in this position.”

Kinzinger, who withdrew from his reelection campaign in Illinois after his district was redrawn to pit him against a Trump-aligned Republican congressman, slammed Cruz for going from Trump’s “nemesis” in the 2016 GOP primary to his “chief supporter.” He argued Allred has no similar allegiance to his party or anyone in it.

“If the Democratic Party decided some day to go off the rails, similar to what the GOP did, I guarantee you, he would be like Adam Kinzinger or Liz Cheney, saying this can’t happen,” he said. Cheney, a Republican who also served on the Jan. 6 committee and is a vocal critic of Trump and Cruz, has also endorsed Allred in the race.

[…]

Kinzinger acknowledged Allred won’t win a majority of Republicans. But even a minority could help decide a close race.

“They’re ready to move on from him, and if we can win even a small percentage of that in a state like Texas, that’s the ballgame,” Kinzinger said.

[…]

The Republicans for Allred group also includes former state Rep. Jason Villalba of Dallas, who is co-chairing the group, as well as about a half dozen other former elected Republicans.

1. I somehow had no idea that Adam Kinzinger was now living in The Woodlands. I should try to interview him.

2. One of the big reasons why Democrats made such a huge stride forward in 2018 is that a whole lot of people who used to vote Republican started voting Democratic that year. You cannot explain the flips in CD07 and HD134, for example, without that happening. They’re far from the only example, and this didn’t just happen in Texas – it’s very much a national phenomenon, just as the migration of non-college-educated voters to the Republican Party has been.

Obviously, Dems did a million times better with turnout in 2018 than they did in 2014, or 2010, or 2006. Registering voters and developing a ground game have been vital as well. But the change in voter behavior, for which we saw a preview in 2016 and still saw remnants of in 2020, was a big factor. I don’t know if that well has been fully tapped yet – Adam Kinziger doesn’t think so, and I very much hope he’s right. The more right he is, the better Allred and other Dems can do.

3. The Cook Political Report has changed their rating of the Texas Senate race from “Likely Republican” to “Lean Republican”. Now, that and whatever the cost of a pumpkin spice latte is (sorry, not a coffee drinker) will get you a pumpkin spice latte. It’s still nice to see. The Trib has more.

Posted in Election 2024 | Tagged , , , , , , , , , , , , | 5 Comments

Trying to save the deep sea coral after the BP oil spill

Fascinating stuff.

In the early morning, at a lab not too far from the Galveston coast, Shannon Ainsworth is collecting hundreds of tiny, floating brown eggs from a tank of deep-sea coral. She sticks a little plastic dropper into the water, sucks up an egg or two, and deposits them into a beaker on top of the tank. Then she repeats.

The process goes on for several hours until all the eggs in the tank are gone. But that’s just the beginning. The hope is that the eggs will fertilize and then grow—albeit incredibly slowly—into new coral.

Already, some of the tanks in the lab have baby corals, which are growing on tiny rock tiles next to the older, adult coral. The new coral is two years old and the size of a half-fingernail.

“That girl over there,” Ainsworth said, gesturing to a big coral in the back of the tank. “It released over 2000 eggs yesterday. Then we collect them all by hand.”

Ainsworth has been a coral aquarist for almost a year at the Southeast Fisheries Science Center Wet Lab in Galveston with the National Oceanic and Atmospheric Administration – a scientific and regulatory agency focused on monitoring weather and oceanic activities. There, she works on the Mesophotic and Deep Benthic Communities – Coral Propagation Technique Development project – which is the long, scientific name for restoring ocean habitats below 164 feet by studying deep-sea coral reproduction.

The work is only one piece of a much larger restoration project, stemming from the 2010 Deepwater Horizon oil spill off the coast of Louisiana, which resulted in the discharge of 134 million gallons of oil into the Gulf and the environmental destruction of miles of habitat. About two-fifths of the oil sank to the bottom of the Gulf, contaminating an estimated 770 square miles – an area a bit bigger than the City of Houston – including deep-sea coral communities.

Since 2022, the scientists with the deep-sea coral project in Galveston are studying ways to restore the twelve different coral species from the spill’s damage. For Ainsworth, most days this means collecting eggs, feeding coral, and examining how different species are growing and adapting. Depending on the success of any given technique in the lab, the team could then apply the same technique to the oil spill site.

The work has another benefit too, according to Sasha Francis, gulf restoration education and outreach manager for the project. Unlike the more commonly-known shallow water coral, deep-sea coral is a big mystery in the oceanic world.

“The really impressive part of this is it really hasn’t been done before for these species of corals,” Francis said. “How often do they like to eat? Will they propagate or reproduce in these environments? So the coral labs, along with partner labs, are working together to really have a better understanding of the life cycle.”

There’s a lot more, with some great pictures, so check it out. While the scientists are hopeful about saving the deep sea coral, they’re also learning a ton about it as they go. I wish them all the best

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Endorsement watch: Once again for Teare

For the second time this year, the Chron endorses Sean Teare for District Attorney.

Sean Teare

What impressed us most about Teare is his ability to see the bigger picture of the justice system and how all the pieces fit together. His experience certainly helps: he was a Harris County prosecutor for 11 years, trying both misdemeanor and felony cases. He’s tried two capital murders to verdict and was assigned to lead 10 others. He also served on the DA’s Capital Committee for six years, a group of senior prosecutors who sign off on every capital plea bargain and decide whether to pursue the death penalty. He currently works as a defense attorney for the Cogdell Law Firm.

Teare said he’s also been meeting with the Harris County Domestic Violence Coordinating Council and Houston Area Women’s Center to “inform the policies I intend to implement” around domestic violence prosecutions. He’s sitting down with the head of Harris Health Systems to discuss improving diversion programs for defendants with mental health issues. And he’s studying programs in other jurisdictions that serve defendants with substance abuse problems, hoping to find ways to “stop criminalizing behavior that, frankly, the public doesn’t want criminalized anymore.” Teare’s own mother died of a heroin overdose when he was young.

One idea he knows he wants to implement immediately is reinstituting an intake process that Ogg had done away with: a division with a rotating shift of veteran prosecutors with felony or misdemeanor trial experience who can earn overtime pay by working night and weekend shifts. He believes having that institutional knowledge on the front lines evaluating cases will lead to a lower case backlog and fewer defendants in an already overcrowded and unsafe jail.

“Fixing the intake and fixing the morale and making it an easier, better place to work all the way around will reduce the backlog, which will get cases to court faster,” Teare said. “One of the main reasons that we talk about the backlog is because of the humanitarian crisis going on in the jail. We’re killing people there, and we’ve got to find a way to reduce the population of that jail through quicker disposition of the cases.”

Teare added that he wants to foster a culture of mentorship in the agency. Rather than silo the most talented trial lawyers in the homicide division, Teare said he would scatter some of them throughout the agency, so that each misdemeanor and felony division had experienced prosecutors showing younger staff the ropes.

As was the case with the primary endorsement, the bulk of the piece is a critique of the opponent, this time Dan Simons, the previous time Kim Ogg. They had plenty of nice things to say about Sean Teare in addition to all that. You can go back and listen to my interview with Teare if you haven’t already. I’m excited to vote for him.

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Two bits of polling

Newsweek has a somewhat misleading poll-related story.

Colin Allred

Ted Cruz’s lead over his Democratic challenger Colin Allred in the Texas Senate race has narrowed, one recent poll shows, as voters appear to view the senator less favorably.

A Public Policy Polling/Clean and Prosperous America survey of 759 registered Texas voters showed Cruz is ahead of Allred by 47 percent to 46. In a previous August poll, the incumbent led Allred by 2 points (47 percent to 45). The poll was carried out on September 25-26. The results have a margin of error of plus or minus 3.5 percent.

The survey adds Cruz has a negative net favorability rating, and has fallen from a minus 6 in August to minus 8 points (41 percent favorable and 49 said unfavorable).

Allred has a plus 5 net favorable rating (40 percent favorable and 35 percent unfavorable), down from a plus 7 net rating in August.

The PPP poll data is here; they also polled the Presidential and Senate matchups in Florida. The 47-46 number was in answer to the question “If the candidates for US Senate this fall were just Democrat Colin Allred and Republican Ted Cruz, who would you vote for?” The answer to that was 45 for Cruz, 43, for Allred, and 3 for the Libertarian. As that is the actual contest on the ballot, that’s the result they should have reported. The two-candidate result is sexier, but it’s not a race that actually exists.

They also didn’t report on the Presidential result in the story. That was 49-44 for Trump over Kamala Harris, with 1% for Jill Stein and 0 for independent Cornel West. Given that West is a write-in, and therefore won’t be on the ballot, and there is a Libertarian who will be on the ballot but wasn’t included, this is another result for a non-existent race. I expect better than this. Be that as it may, it’s another example of Trump doing better than Cruz in the polls for us to ponder.

What about Latino voting in Texas? Would you like another poll of Latinos in Texas? You’re in luck.

Vice President Kamala Harris and Democratic Senate candidate Colin Allred have made inroads with Hispanics in Texas, growing their lead over their Republican opponents among likely Latino voters in a recently released Televisa Univision poll.

In a Sept. 12-15 survey of 1,193 likely voters, 46% of Hispanic respondents answered they’d definitely vote for Harris in the Nov. 5 presidential election and another 15% said they probably would. About 24% of Hispanic pollees said they’d definitely vote for former President Donald Trump, with another 11% saying probably.

Allred, looking to unseat two-term U.S. Sen. Ted Cruz, led among Hispanic likely voters, with 43% saying they’d definitely vote for him. Cruz garnered 19% definite Latino support in the poll, down from 17% in a Televisa Univision survey from April.

The most recent results marked an improvement for Democrats among this crucial bloc, which makes up about a third of Texas’ eligible voter population. The April survey had President Joe Biden polling at 39% among likely Latino voters in Texas before he dropped out of the race this summer, and Allred had 33% Latino support.

The home page for this poll is here and the Texas results can be found on this page – it’s the “2024 Media Predict Tracker – Texas” downloadable PDF you’re looking for. I don’t know why they only gave a partial result for Allred and Cruz in the Chron story, but the numbers in Texas are Harris 61 (as noted, 46 definite and 15 probable) to 35 for Trump (24 def, 11 prob), and 60 for Allred (43 def, 17 prob) to 29 for Cruz (17 def, 12 prob). Note that these are better numbers for Harris and Allred than in the UnidosUS 2024 poll I cited above. The Texas numbers for President are also right in line with the national poll, which you can get to from this page, the “2024 Media Predict – Swing State Polling” file. I’m not sure if this is all of the US or just the states they highlight on the home page, but either way it’s a larger sample than of just Texas. That one also has Harris up 61-35, with 48/13 def/prob for Harris and 25/10 def/prob for Trump.

No great insights to any of this. Just thought I’d throw some more data at you. Enjoy!

Posted in Election 2024 | Tagged , , , , , , , , , | 7 Comments

Buzbee versus Diddy

The man stays busy.

Houston attorney Tony Buzbee on Tuesday afternoon announced plans to bring more than 100 lawsuits in multiple states on behalf of people claiming they were sexually abused or exploited by media mogul Sean Combs.

None of the lawsuits had been filed as of Tuesday afternoon. Buzbee said the cases would be filed individually, and the first would come within the next 30 days. He anticipated that lawsuits would be filed most in New York, California and Florida, he said during a news conference from his 75th floor office in downtown Houston.

Buzbee said his law firm and partnering firm AVA Law Group had received more than 3,000 calls from people claiming they were victims of Combs, who has also gone by the stage names Puff Daddy and P. Diddy, since his arrest by federal authorities last month.

After an initial vetting procedure, Buzbee said his firm had chosen to represent 120 people — 60 men and 60 women — in their claims against Combs. Some of the people say they were victimized as minors, Buzbee said. Some were allegedly sexually assaulted after approaching Combs looking for entry into the entertainment industry, other after being invited to his parties, Buzbee said.

“These are not easy cases,” Buzbee said. “They’re very tough. The process is hard, and in some cases the process is very lengthy. These cases are hard to prove. Many times, it’s the victim’s word against the alleged perpetrator. Each of these they will no doubt be publicly attacked by the alleged perpetrators, and in some cases the general public, the feckless and cowardly keyboard warriors love to attack. We know what we’re up against.”

[…]

Buzbee said the allegations of abuse happened between 1991 – when Combs was in the early days of his rap career – to 2024, after he had become a three-time Grammy winner and had an estimated net worth of $1 billion.

Buzbee suggested that other celebrities who attended Combs’ parties could be included in some of the lawsuits, as could banks, pharmaceutical companies and hotels that he said “ultimately profit off this culture and behavior.”

“Any entity who covered it up or helped cover it up, these people who know who they are, should just come forward now,” Buzbee said.

Buzbee has a long history of representing people in high-profile or highly visible cases, victims of the 2005 BP plant explosion in Texas City, embattled Texas Attorney General Ken Paxon and dozens of women who made sexual assault claims against former Houston Texans quarterback DeShaun Watson.

The Watson lawsuits also started as anonymous complaints, before two Harris County judges ruled they had to identify themselves in order for the cases to move forward.

“We’ll have to struggle with that with each one of these cases,” Buzbee said of efforts to keep the complainants anonymous. “Our intention is to file these cases and pursue them until the court tells us otherwise.”

Buzbee also represents a number of the AstroWorld victims; I’m not sure what the status of that litigation is. I don’t plan to follow this closely, but I saw the headline and wanted to make note of it. I hope everyone who was injured gets some justice.

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